UNEP/CHW/OEWG/3/INF/7

/

BC

UNEP/CHW/OEWG/3/INF/7
/ Distr.: General
15 March 2004
English only

Open-ended Working Group of the Basel Convention

on the Control of Transboundary Movements of

Hazardous Wastes and Their Disposal

Third session

Geneva, 26-30 April 2004

Item 11 (a) (i) of the provisional agenda[(]

Technical guidelines: Preparation of technical

guidelines on the environmentally sound management

of wastes consisting of, containing or contaminated

with persistent organic pollutants

The general technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants (POPs)

Attached is the draft general technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants prepared by lead country Canada for consideration by the Open-ended Working Group at its third session. In order to facilitate the discussion of this agenda item, the Secretariat and Canada will present to the Open-ended Working Group issue papers covering the following areas:

(a) definition of low POP content, including proposed interim values for low POP content based on suggestions received to date;

(b) when total destruction is not the preferable option;

(c) pending issues for decisions by the Open-ended Working Group.

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UNEP/CHW/OEWG/3/INF/7

General Technical Guideline on the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with Persistent Organic Pollutants

22 February 2004 Draft

February 22, 2004

UNEP/CHW/OEWG/3/INF/7

Table of Contents

1.0 Introduction 6

1.1 Scope 6

1.2 About POPs 7

2.0 Relevant provisions for POPs wastes in the Basel and Stockholm Conventions 7

2.1 Basel Convention 7

2.1.1 General provisions 7

2.1.2 POP waste 8

2.2 Stockholm Convention 10

2.2.1 General provisions 10

2.2.2 Waste related provisions 11

2.3 Other international instruments 12

3.0 Provisions of the Stockholm Convention to be addressed cooperatively with the Basel Convention 13

3.1 Low POP content definition 13

3.2 Levels of destruction and irreversible transformation definition 13

3.3 Methods that constitute environmentally sound disposal 13

3.3.1 Destruction or irreversible transformation methods 13

3.3.2 Other disposal methods when the POP content is low 13

3.3.3 Other disposal methods when destruction or irreversible transformation does not represent the environmentally preferable option 14

4.0 Guidance on Environmentally Sound Management (ESM) 14

4.1 General considerations 14

4.1.1 Basel Convention 14

4.1.2 Stockholm Convention 16

4.1.3 OECD 16

4.2 Legislative and regulatory framework 17

4.3 Waste prevention and minimization 20

4.4 Identification and inventories 21

4.4.1 Identification 21

4.4.2 Inventories 21

4.5 Sampling, analysis and monitoring 23

4.5.1 Sampling 24

4.5.2 Analysis 24

4.5.3 Monitoring 26

4.6 Handling, collection, packaging, transportation and storage 27

4.6.1 Handling 27

4.6.2 Collection 27

4.6.3 Packaging 27

4.6.4 Transport 28

4.6.5 Storage 28

4.7 Environmentally sound destruction and disposal 29

4.7.1 Pre-treatment 29

4.7.2 Destruction and irreversible transformation methods 30

4.7.3 Other disposal methods when the POP content is low 39

4.8 Remediation of contaminated sites 41

4.8.1 Contaminated site identification and assessment 41

4.8.2 Remediation criteria 41

4.9 Health and Safety 41

4.9.1 High-volume, high-concentration or high-risk situations 42

4.9.2 Low-volume, low-concentration sites or low-risk situations 42

4.10 Emergency response 43

4.11 Public participation 43

Appendix 1: Basic Principles of Safe Storage of POPs Waste 46

Appendix 2: Destruction methods that are currently operating on a pilot or test basis 48

Appendix 3: Bibliography 51


Abbreviations and Acronyms

AOP Advanced oxidative process

ASTM American Society for Testing of Materials

ATSDR Agency for Toxic Substances and Disease Registry

BAT Best available techniques

BCD Base catalyzed decomposition

BEP Best environmental practices

CEP Catalytic extraction process

CFR Code of Federal Regulations (United States)

COP Conference of the Parties

CPE Core performance elements

DDT 1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane

DE Destruction efficiency

DMCR Dehalogenation by mechanochemical reaction

EPA Environmental Protection Agency

ESM Environmentally sound management

FAO Food and Agriculture Organization

GAP Global Programme of Action

GC Gas chromatography

GHS Globally Harmonized System

GPCR Gas phase chemical reduction

HASP Health and safety plan

HCB Hexachlorobenzene

HS Harmonized system

INC Intergovernmental Negotiating Committee

MEO Mediated electro-chemical oxidation

MS Mass spectrometry

MSO Molten salt oxidation

NHMRC National Health and Medical Research Council (Australia and New Zealand)

OECD Organisation for Economic Co-operation and Development

OEWG Open-ended working group of the Basel Convention

PBB Polybromated biphenyls

PCB Polychlorinated biphenyls

PCDD Polychlorinated dibenzo-p-dioxins

PCDF Polychlorinated dibenzo-furans

PCT Polychlorinated terphenyls

POP Persistent organic pollutant

ppb Parts per billion

ppm Parts per million

PRTR Pollutant Release and Transfer Register

SCWO Super-critical water oxidation

SET Solvated electron technology

TEF Toxicity equivalency factor

TEQ Toxic equivalent

UNEP United Nations Environmental Programme

UV Ultraviolet

VOC Volatile organic compound

WCO World Customs Organization

WHO World Health Organisation

Units of concentration

mg/kg: Milligram(s) per kilogram. A measure of the concentration of an analyte in a given solid medium. Corresponds to parts per million (ppm) by weight.

μg/kg: Microgram(s) per kilogram. A measure of the concentration of an analyte in a given solid medium. Corresponds to parts per billion (ppb) by weight.

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UNEP/CHW/OEWG/3/INF/7

1.0 Introduction

1.1  Scope

1.  This General Technical Guideline provides guidance for the environmentally sound management (ESM) of POPs wastes in accordance with decisions V/8 and VI/23 of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, I/4 and II/10 of the Open-ended Working Group of the Basel Convention (OEWG), and INC-6/5 and INC-7/6 of the Stockholm Convention on Persistent Organic Pollutants Intergovernmental Negotiating Committee for an International Legally Binding Instrument for Persistent Organic Pollutants.

2.  Five categories of POP wastes are addressed in this document:

1.  polychlorinated biphenyls (PCB) [including polychlorinated terphenyls (PCT) and polybrominated biphenyls (PBB)[1]];

2.  the pesticide POPs aldrin, chlordane, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex and toxaphene

3.  hexachlorobenzene (HCB)[2];

4.  1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane (DDT); and

5.  polychlorinated dibenzo-p-dioxins (PCDD) and polychlorinated dibenzofurans (PCDF)

[This draft has retained the categories as specified in OEWG I/4. The United States (US) suggests PCT and PBB be removed and that HCB be only listed once, see comments January 2004 draft. World Chlorine Council suggests splitting PCB, PCT and PBB into two categories: PCB and PCT/PBB, see comments January 2004 draft. UNEP Chemicals suggests using the following categories: intentionally and unintentionally produced POPs, see comments January 2004 draft.]

3.  The guidance provided within this document is intended to serve as (1) a stand-alone general guidance resource, and (2) an “umbrella” guide to be used in conjunction with technical guidance documents that will be revised or developed for each of the five specific POPs wastes categories through separate initiatives under the Basel Convention.

4.  To these ends, this General Technical Guideline provides:

1. general guidance on the management of wastes consisting of, containing or contaminated with POPs; and

2. a framework for addressing outstanding policy issues pertaining to destruction/irreversible transformation of wastes in the Stockholm Convention that have been a subject of discussion since the initiation of negotiations in 1997 by the Intergovernmental Negotiating Committee (INC) or for which guidance is to be developed as expressed in Article 6.2 of the Stockholm Convention. The outstanding policy issues include those mentioned in Article 6.1 (d)(ii) and Article 6.2 of the Stockholm Convention (see section 2.2.2 of this guidance document on the Stockholm Convention provision pertaining to wastes):

· the establishment, as appropriate, of a low POP content concentrations in wastes, above which the POP content is to be destroyed or irreversibly transformed;

· establishment of levels of destruction and irreversible transformation;

· determination of when destruction/irreversible transformation do not constitute the environmentally preferable option; and

· determination of what constitutes environmentally sound disposal methods applicable to POPs wastes.

5.  Considerations pertaining to environmentally sound destruction and disposal of POPs wastes discussed in this guidance document include pre-treatment since it may be important when determining the disposal pathway (destruction or disposal). This document also provides comment on reducing or eliminating releases to the environment from waste disposal and treatment processes given the significance of this topic to POPs waste management.

6.  Guidance on best available techniques (BAT) and best environmental practices (BEP) under the Stockholm Convention as these apply to formation and unintentional release of POPs from anthropogenic sources listed in Annex C is under development by an Expert Group that was appointed for this purpose by the Stockholm Convention INC 6.

1.2 About POPs

7.  POPs are synthesized substances and only a very small quantities are produced naturally.

8.  The characteristics of POPs (toxicity, persistence and bioaccumulation[3]), the potential for their long-range transport, and their ubiquitous presence throughout the world in ecosystems and in humans were the impetus for the Stockholm Convention. As well, POPs, as noted in Section 2.1.2 below, are listed wastes in the Basel Convention.

9.  Improper treatment, destruction or disposal of a POPs waste can lead to releases of the POP(s) and some destruction technologies can also lead to the formation and unintentional release of POPs.

2.0 Relevant provisions for POPs wastes in the Basel and Stockholm Conventions

2.1 Basel Convention

2.1.1 General provisions

[This draft has retained section 2.1.1 as per the Table of Contents circulated for comment on November 7, 2003. Note that the Basel Secretariat suggests removal of this section.]

10.  The Basel Convention, which entered into force 5 May 1992, stipulates that any transboundary movement of wastes (export/import/transit) is permitted only when the movement itself and the ultimate disposal of the concerned hazardous wastes are environmentally sound.

11.  Article 2 (“Definitions”), paragraph 1 of the Basel Convention defines wastes as “substances or objects which are disposed of or intended to be disposed of or are required to be disposed of by the provisions of national law.” A stockpile of a material would therefore be considered a waste if it meets this definition. Paragraph 4 of the Basel Convention defines disposal as “any operation specified in Annex IV” to the Convention. Paragraph 8 of the Basel Convention defines environmentally sound management of hazardous wastes or other wastes as “taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes.”

12.  Article 4 (“General Obligations”) paragraph 1 establishes the procedure by which Parties exercising their right to prohibit the import of hazardous wastes or other wastes for disposal shall inform the other Parties of their decision. This is undertaken pursuant to each Party’s Article 13 reporting obligations. Subparagraph (a) of 4.1 states that “Parties exercising their right to prohibit the import of hazardous or other wastes for disposal shall inform the other Parties of their decision pursuant to Article 13” (“Transmission of information). Subparagraph (b) of 4.1 states that “Parties shall prohibit or shall not permit the export of hazardous or other wastes to the Parties which have prohibited the import of such waste when notified pursuant to subparagraph (a).” Within this context, the broad definition of disposal ensures that wastes destined for these operations are captured by the Basel Convention prior inform consent procedure.

13.  Article 4, paragraph 2, subparagraphs (a) through (d) contain key provisions of the Basel Convention pertaining to environmentally sound management, waste minimization, and waste disposal practices that protect or minimize adverse effects on human health and the environment:

Each Party shall take appropriate measures to:

(a) Ensure that the generation of hazardous wastes and other wastes within it is reduced to a minimum, taking into account social, technological and economic aspects;

(b) Ensure the availability of adequate disposal facilities, for the environmentally sound management of hazardous wastes and other wastes, that shall be located, to the extent possible, within it, whatever the place of their disposal;

(c) Ensure that persons involved in the management of hazardous wastes or other wastes within it take such steps as are necessary to prevent pollution due to hazardous wastes and other wastes arising from such management and, if such pollution occurs, to minimize the consequences thereof for human health and the environment;

(d) Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement;

14.  Article 4 paragraph 8 further elaborates that “Each Party shall require that hazardous wastes or other wastes, to be exported, are managed in an environmentally sound manner in the State of import or elsewhere. Technical guidelines for the environmentally sound management of wastes subject to this Convention shall be decided by the Parties at their first meeting.” This guideline document and the specific technical guideline documents are intended provide a more precise meaning to ESM in the context of POP wastes, including which treatment, destruction and disposal methods are appropriate for these waste streams.

2.1.2 POP waste

15.  Article 1 (“Scope of Convention”) outlines the waste types subject to the Basel Convention. Article 1 paragraph 1(a) of the Basel Convention contains a 2-step process for determining if a “waste” is a “hazardous waste” subject to the Convention. First, the waste must belong to any category contained in Annex I (“Categories of Wastes to be Controlled”). Second, the waste must posses at least one of the characteristics listed in Annex III (“List of Hazardous Characteristics”).

16.  Annex I lists some of the wastes that may consist of, contain or be contaminated with POPs, these include:

Y2 Wastes from the production and preparation of pharmaceutical products

Y4 Wastes from the production, formulation and use of biocides and phytopharmaceuticals

Y5 Wastes from the manufacture, formulation and use of wood preserving chemicals

Y6 Wastes from the production, formulation and use of organic solvents

Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions

Y10 Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs)