[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Notices]
[Pages 8323-8324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4864]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 2340]
Notice To Seek Public Comment on Entering Into Bilateral
Agreements With Parties to the Basel Convention on the Transboundary
Movement of Hazardous Wastes and Their Disposal To Allow Those
Countries To Export Wastes to the United States Consistent With the
Convention
LEAD AGENCY: Department of State, Washington, DC.
COOPERATING AGENCIES: Environmental Protection Agency (EPA), U.S.
Department of Commerce, Office of the U.S. Trade Representative.
-----------------------------------------------------------------------
SUMMARY: The Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and Their Disposal prohibits a Party to the
Convention from trading in Basel-covered wastes (i.e., hazardous and
other wastes) with a non-Party, absent an agreement or arrangement
consistent with Article 11 of the Convention. The United States is not
a Party to the Convention, and there is interest in agreements or
arrangements to allow the import of hazardous wastes from Convention
Parties to the United States. The United States Government is seeking
public comment to evaluate the need for additional waste agreements or
arrangements.
SUPPLEMENTARY INFORMATION:
I. Background on the Convention
The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal was adopted in 1989, and entered
into force in 1992. The Convention's general objective is to protect
human health and the environment against adverse effects of wastes
under its scope by minimizing their generation and transboundary
movement, and ensuring their environmentally sound management. Wastes
covered by the Convention include certain wastes exhibiting hazardous
characteristics set forth in the Convention, as well as ``other
wastes'' (consisting of household wastes and residues from incineration
of household wastes).
Among other provisions, the Convention establishes conditions under
which transboundary movements of Basel-covered wastes may occur. These
conditions include a requirement that the exporting Party obtain the
prior written informed consent of the importing Party before a shipment
can proceed, as well as requirements that the waste be managed in an
environmentally sound manner. The Convention, along with a detailed
explanation of its provisions and an outline of the history of its
development, is contained in Federal Register Notice, 57 FR 20602 (May
13, 1992).
Currently, 97 States and the European Community are Parties to the
Convention. The United States was among the original signatories of the
Basel Convention, and the U.S. Senate subsequently gave its advice and
consent to ratify it. However, for the United States to meet the
obligations of the Convention, additional statutory authorities are
needed. Administrations have sought without success since 1991 to
obtain these statutory authorities. As a consequence, the United States
has not ratified the Convention. However, the United States has
continued to participate actively, as a non-Party observer, in meetings
and Conferences of the Basel Parties.
The Convention specifies particular controls on trade between Basel
Parties and non-Parties. Parties are prohibited from trading in Basel-
covered wastes with non-Parties, except in cases in which a Party
concludes an agreement or arrangement pursuant to Article 11 of the
Convention. Article 11(1) enables Parties to enter into bilateral,
multilateral or regional agreements or arrangements for the
transboundary movement of Basel-covered wastes with Parties or non-
Parties, provided that such agreements or arrangements do not derogate
from the environmentally sound management of Basel-covered wastes as
required by the Convention. It also provides that agreements or
arrangements entered into by Basel Parties shall stipulate provisions
which are not less environmentally sound than those provided for by the
Convention.
Because the United States is not currently a Party to the
Convention, several Basel Parties and U.S. firms have expressed an
interest in the United States entering into Article 11 bilateral
agreements/arrangements in order to enable continued export of Basel-
covered waste to the United States for recycling or disposal. The
Department of State, on behalf of the U.S. government recently
concluded such a bilateral agreement with Malaysia covering exports of
hazardous wastes into the United States, and is developing agreements
with several other Basel Parties.
The requirements for agreements or arrangements developed by States
prior to the entry into force of the Convention are somewhat different,
and apply to three pre-existing agreements and arrangements of which
the United States is a Party. Article 11(2) provides that the
provisions of the Basel Convention shall not affect transboundary
movements which take place pursuant to such agreements provided that
such agreements are compatible with the environmentally sound
management of hazardous wastes and other wastes as required by the
Convention. The U.S. has bilateral waste agreements with Canada and
Mexico which predate entry into force of the Convention. In addition, a
decision by the Organization for Economic Cooperation and Development
(OECD, of which the United States is a Party), covering trade of
hazardous wastes between OECD states for recycling only, is considered
an arrangement under Article 11.
Today's notice seeks comment on entering into bilateral agreements
or arrangements for imports of Basel-covered waste into the United
States for disposal and recycling. These agreements would not address
Basel-covered waste exports from the United States to Basel Parties.
The Administration may address export bilaterals in a future Federal
Register notice.
The import agreements under consideration would have to meet the
requirements of Article 11 of the Basel Convention. Only Parties to the
Basel Convention, and not the United States, have the obligation under
the Convention to meet the Convention's requirements. Thus, each
exporting Party will ultimately need to determine for itself whether an
agreement meets its Basel Convention obligations. At the same time, the
United States would only negotiate and conclude agreements that the
U.S. Government believes will meet the Convention's requirements, as
stipulated under Article 11.
The U.S. import of Basel-covered wastes pursuant to Basel-
consistent agreements should not pose environmental difficulties for
the United States. Wastes imported into the United States will be
managed in an environmentally sound manner pursuant to U.S. laws and
regulations,
[[Page 8324]]
and may often be better managed than in the country of origin. It may
be more economically efficient to export wastes to the United States
for management in existing U.S. facilities, particularly for
specialized waste streams and substances, than to construct new
facilities in the country of origin. In many cases, advanced facilities
in the United States enable the environmentally sound recovery of
valuable secondary materials.
Under the type of import agreements described in this notice, the
Environmental Protection Agency (EPA), the designated competent
authority of the U.S. Government, will be able to express its consent,
conditional consent, or objection to proposed imports of hazardous
wastes. EPA will exercise its prerogative to consent or object to
imports consistent with its statutory and regulatory authority. Current
U.S. Government policy is to withhold consent only if it has reason to
believe a shipment may not be managed in accordance with applicable
U.S. laws and regulations.
Based on experience to date, the negotiation of each agreement is
likely to take some time (several months). Administration resources are
limited, and it is not expected that additional resources will be
available for these purposes. In addition, the notice and consent
procedures referred to above will impose an increased administrative
burden on the U.S. Government. Once the U.S. Government evaluates the
demand for these agreements, it will consider how many agreements to
enter into, and how to prioritize requests, if necessary.
Public Comment
The Department of State is seeking the comment from the public on
the potential demand for additional agreements for the movements of
Basel-covered waste to the United States, and would be interested in
the following specific information, where applicable, from firms and
others with an interest in such agreements:
(a) Expected country of export, expected amount and frequency of
such exports to the United States;
(b) whether more than one generator produces wastes which could be
handled under an agreement;
(c) types of waste (including whether the wastes are considered to
be hazardous under the Convention and/or under the laws and regulations
of the United States or the exporting party);
(d) whether such wastes are for final disposal or treatment or
recovery, and whether a substantially increased proportion is likely to
be recovered in the future;
(e) whether such wastes are being exported because of a lack of
adequate management capabilities and/or pressing environmental
conditions in the exporting country;
(f) whether destinations closer than the United States to the
generation of the waste would also provide environmentally sound and
efficient management;
(g) whether U.S. waste management capabilities are superior to
those in the exporting country; and
(h) whether acceptance of such wastes by the United States would
reasonable be expected to provide a disincentive to the future
development of adequate environmental facilities in the exporting
country;
(i) whether any other conditions require that such wastes be
exported to the United States for disposal or recovery.
The State Department will use this information to determine
whether, given available resources, it will be necessary to develop
criteria for entering into and prioritizing among proposed bilateral
agreements. The State Department welcomes public input regarding such
criteria.
Individuals or organizations are invited to provide written
comments to: U.S. Department of State, OES/ENV, ATTN: Mr. Trigg Talley,
2201 ``C'' Street, N.W., Washington, D.C. 20520, TEL: (202) 647-5808,
FAX: (202) 647-5947.
Comments and suggestions should be received no later than 60 days
following the date of publication of this notice in order to be
considered.
Dated: February 16, 1996.
Trigg Talley,
Environmental Affairs Officer, Department of State, OES/ENV.
[FR Doc. 96-4864 Filed 3-1-96; 8:45 am]
BILLING CODE 4710-09-M
