North American Cooperation on Persistent Organic Pollutants

23. North American Cooperation on Persistent Organic Pollutants

by Dr. John Buccini

INTRODUCTION

The North American Agreement on Environmental Cooperation (NAAEC) is an overarching framework for environmental cooperation between the governments of Canada, Mexico and the United States of America. This agreement was signed in 1994 at the same time as the North American Free Trade Agreement (NAFTA) and was developed because of concerns that implementation of free trade might result in adverse impacts on human health and the environment in the three countries. The NAAEC resulted in the creation of the North American Commission on Environmental Cooperation (NACEC) which is based in Montreal, Canada. The NACEC comprises a Council, made up of cabinet-level or equivalent representatives from each Party, a Joint Public Advisory Committee, a group of non-government representatives that advises the Council, and the tripartite secretariat.

One of the first actions taken by the Council was the approval, in October 1995, of Resolution #95-5 on the Sound Management of Chemicals. This resolution called for tripartite cooperative efforts to address chemical issues of mutual concern and for continental implementation of proposals that were contained in Chapter 19 of Agenda 21, the Declaration of the United Nations Conference on Environment and Development (UNCED) in 1992. Resolution #95-5 called for action on persistent toxic chemicals as the first priority, specifically mentioning some heavy metals and the 12 POPs specified in UNEP Governing Council Decision 18/32 (May 1995). The resolution also established a tripartite Working Group of senior officials concerned with chemicals management to develop and implement North American Regional Action Plans (NARAPs) on specific chemicals.

To date, through a process that involved active public consultation, the Working Group has:

developed NARAPs for mercury, polychlorinated biphenyls (PCBs), DDT and chlordane;
determined that there is no production or registered uses in North America for the pesticides aldrin, dieldrin, endrin, toxaphene, hexachlorobenzene and mirex;
determined that the remaining production and uses of the pesticide heptachlor are expected to be phased out soon;
commenced investigating possible opportunities for collaborative action on the contaminants dioxins, furans and hexachlorobenzene; and
developed a process for identifying candidate substances for future regional action.

This paper presents a brief summary of the NARAPS on PCBs, DDT and chlordane. The full documents are available from the author or may be downloaded from the NACEC internet home page (http://www.cec.org) where all documentation related to the NAAEC may be found.

NARAP ON PCBs:

This NARAP includes a description of the current situation with regard to PCB management in each country and establishes a framework for the environmentally sound management and control of PCBs in North America. Careful consideration was given in developing the NARAP to the domestic laws, policies and circumstances of each Party and relevant international agreements, such as the Canada-USA Binational Toxics Strategy, and the NARAP is intended to be complementary to existing programs.

The PCB NARAP has two main goals:

Virtual elimination of PCBs in the environment: The Parties seek to achieve no measurable release of PCBs to the environment and the phase-out of PCB uses for which release cannot be contained. Strategies adopted for virtual elimination of PCBs should take into account risks to human health and the environment as well as economic and technical factors.

Environmentally sound management of existing PCBs throughout their life cycle: Parties should take into account use, storage, domestic and transboundary movement, and treatment/disposal of PCBs.

Seven principles will guide implementation of the NARAP and these will be applied in a broad, integrated manner with due consideration of the rights and responsibilities of each Party.

1. Sound Regional Environmental Management

As the three Parties share responsibility for protecting and enhancing the region's ecosystems, both domestic and transboundary aspects of PCB management strategies must be consistent with, and designed to advance, the overall goal of sound management for all chemicals of concern in North America.

2. Life Cycle Management of PCBs

The NARAP addresses "cradle to grave" management of PCBs, including existing uses, the appropriate phase-out of uses, and the transport, storage, and treatment/disposal of wastes.

3. Pollution Prevention

Pollution prevention involves the use of processes, practices, materials, or products that avoid or minimize the creation of pollutants and waste and that reduce the overall risk to human health or the environment. As PCB manufacture has been banned by all three Parties, efforts will be focussed on appropriately managing the PCBs that do exist to prevent any inadvertent releases. In implementing the NARAP, countries will promote pollution prevention as an effective strategy for managing PCBs while protecting human health and the environment..

4. Shared Regional Management of PCB Waste

The Parties recognize the current disparity in the distribution of fixed PCB treatment/disposal capacity in the region and have agreed to address PCB management needs on a proactive and long term basis, and in the context of overall hazardous waste management needs. However, this does not mean delaying the management of existing PCB wastes as this would prolong the existing risks posed to human health and the environment. The Parties recognize, and will implement in a joint and balanced manner, the following three inter-related underlying principles of the Basel Convention:

the "proximity" principle, which encourages the management of hazardous wastes in the closest possible proximity to their point of generation;

the "self-sufficiency" principle, which encourages national disposal of domestic waste in an environmentally sound manner; and

the "least transboundary movement" principle, which encourages the reduction of transboundary movements of hazardous wastes to a minimum consistent with efficient and environmentally sound management.

5. Consistency with International and Domestic Obligations

In addition to relevant domestic regulations, implementation of the NARAP will be guided by the following existing international agreements: USA/Canada and USA/Mexico bilateral agreements on hazardous waste movements; the Basel Convention on transboundary movement and disposal of hazardous wastes (obligations between Canada and Mexico); and relevant OECD Council Decisions concerning PCB management and hazardous wastes.

6. Transfer of Technology

Through a regular exchange of information on PCB management, the Parties will promote consistency in PCB management and contribute to a level "playing field" throughout North America.

7. Periodic Review and Reassessment

The Parties have agreed to a periodic review of progress in implementing the NARAP and will invite the public and stakeholders from each country to participate in this review.

The PCB NARAP includes 55 goals, many of which have specific timelines. The following summarizes some of these goals.

1. Establish a PCB information base - to define the scope of the problem in each country and to monitor progress in reducing risk of PCBs to health and the environment, by tracking known stocks of in-use PCBs, stored PCB waste material, PCB waste shipments, PCB wastes treated/disposed, and PCB waste treatment/disposal facilities.

2. Manage the use of PCBs - to achieve virtual elimination of PCBs and greater consistency in the Parties' approaches to PCB use through information exchange and/or regulatory action on: dispersive uses (phase out by 2000), non-dispersive uses (phase out by 2008); PCB-containing equipment in sensitive sites (phase out by 2000); and labelling, repair/reuse and reclassification of PCB-containing equipment (measures by 2000).

3. Manage the storage of PCB wastes - to ensure environmentally sound management of storage facilities and of transfers of PCB wastes from storage to treatment/disposal, by making compatible the requirements for PCB waste storage facilities and by setting time limits for waste storage.

4. Assure proper treatment and disposal of PCB wastes - to foster an overall coherent and adequate level of protection to health and the environment in North America, by promoting greater consistency in national regulatory regimes through the development of a basic Code of Practice for managing PCB wastes, including the proper management of PCB wastes acquired in remediation programs.

5. Manage the transboundary shipment of PCB wastes - to achieve an open, well-managed and controlled border policy among the Parties, by harmonizing transboundary shipment requirements, sampling and analytical methods and classification for PCB wastes.

6. Waste reduction and recycling - to reduce the amounts of materials that ultimately require disposal, by sharing information on such practices and including these aspects in the development of an overall Code of Practice for PCBs and developing appropriate regulations to guide such activities.

7. Mange the incidental generation of PCBs - to prevent the formation of new materials contaminated with PCBs during manufacturing processes, by exchanging information on such processes and regulating them as appropriate.

Since the development of the NARAP in early 1997, the US border has been closed to shipments of PCBs due to a court decision that such shipments were ultra vires the Toxic Substances Control Act. This development will impact on several of the elements of the NARAP but progress is being made in implementing other measures while issues related to trans-boundary shipments are being addressed.

NARAP ON DDT

This NARAP includes a description of the past and current situation with regard to DDT use and management in each country. While DDT was never produced in Canada, it was first registered in 1946 and deregistered for use in 1985; remaining stocks were used or disposed of by December 1990. The USA did produce DDT; some uses were cancelled as early as 1969 and all uses were cancelled by October 1989. DDT is not currently manufactured in the USA although current USA law cannot prohibit the manufacture of DDT for export should a manufacturer wish to do so. In Mexico, DDT was introduced in the early 1950s and agricultural uses declined in the 1970s. DDT is currently manufactured by one company for the government of Mexico for use in malaria control programs, although the quantities used have been significantly reduced in recent years.

This NARAP establishes a framework for the environmentally sound management and control of DDT in North America; careful consideration was given in developing the NARAP to the continuing need to control malaria in Mexico.

The objective of this NARAP is to reduce the exposure of humans and the environment to DDT and its metabolites through joint efforts of the Parties and a cooperative approach that includes the sharing of experiences with other countries of the Americas. This NARAP proposes to accomplish this program through the phased reduction, leading to the eventual elimination, of DDT used for malaria control in Mexico, as well as the elimination of illegal uses of DDT.

This NARAP supports:

a holistic approach to malaria control, bringing together an integrated pest management strategy for the vector as well as the full spectrum of related public health activities and services;

ongoing and new cooperative activities to achieve the goals of the Parties under this NARAP;

partnerships with industry, public interest groups and international organizations in the three countries to involve them in NARAP implementation;

a regional perspective that encourages sharing experience with other Caribbean and Latin America countries and involving them to ensure that malaria continues to be controlled throughout the region; and

participation in and building upon related global initiatives.

The specific goals of the NARAP, directed at its overall objective, include:

1. reduction by 80% within five years of the amount of DDT used in malaria control in Mexico, through a coordinated/integrated management approach with active participation of affected communities: future reductions will be achieved based on cooperative action and experience;

2. elimination of illegal uses of DDT;

3. pursuing a cooperative approach in the region to

minimize movement of malaria-infected populations across borders, and

reduce the illegal importation of DDT; and

4. increased cooperation in international fora to advance global controls on DDT production, export and use.

The key to making progress under the NARAP is the development of alternative methods for malaria control in Mexico to support the continuous reduction and eventual elimination of DDT use. In addressing the acceptability of alternative chemicals and biological agents, the Parties will give full consideration to the potential impacts on health and the environment throughout their life cycle under the conditions of use in Mexico. The public and industry will be invited to become involved in this work.

Canada and the USA will continue to support DDT-inclusive hazardous waste collection programs for industry and the public at the federal, state/provincial or municipal level, as appropriate, and will share this experience with Mexico which in turn will administer its own hazardous waste collection programs.

The Parties will report on an annual basis on progress in implementing this NARAP.

NARAP ON CHLORDANE

This NARAP includes a description of the past and current situation with regard to chlordane use and management in each country. Chlordane was never produced in Canada; most uses were phased out in the mid-1970's. The last use for termite control was voluntarily discontinued by the registrant in 1990, and remaining stocks were to be used or disposed of by December 1995. The USA does produce chlordane, but restrictions were introduced in 1978 and since 1995 there have been no registered uses. Chlordane continued to be manufactured in the USA as domestic law could not prohibit its manufacture for export; however, exports of chlordane were subject to export notification requirements under federal law. The sole US manufacturer of chlordane (Velsicol Chemical Corporation) announced in May 1997 that it had voluntarily ceased production of chlordane in the USA and around the world. Mexico imported supplies of chlordane from the USA for use in agriculture and as a termiticide. Restrictions were imposed beginning in 1988 and in 1992 use was restricted to termite control in urban areas.

The objective of this NARAP is to reduce the exposure of humans and the environment to chlordane through the phase-out of existing registered uses and a cooperative approach that includes the sharing of experiences with other countries of the Americas.

This NARAP supports:

an integrated, cost-effective strategy for the control of termites in Mexico that builds upon the knowledge and experience gained in other jurisdictions;

ongoing and new cooperative activities to achieve the Parties' goals under this NARAP;

partnerships for NARAP implementation with industry, public interest groups and international organizations in the three countries;

a regional perspective that encourages involvement of other Caribbean and Latin American countries and sharing experiences with them; and

participation in and building upon related global initiatives.

The specific goals of the NARAP, directed at its overall objective, include:

1. ceasing production of chlordane;

2. sharing risk assessment information on alternatives to chlordane;

3. Canada and the USA will continue to support chlordane-inclusive hazardous waste collection programs for industry and the public at the federal, state/provincial or municipal level, as appropriate, and will share this experience with Mexico which in turn will administer its own hazardous waste collection programs.

4. Mexico will prohibit the sale of active ingredients for making chlordane in 1997, cancel the registration for chlordane in 1998, monitor existing stocks, and take steps to prevent illegal importation; and

5. annual reporting on progress in implementation of the NARAP.

CONCLUSION

Canada, Mexico and the United States of America are working together to address the problems posed by POPs in North America. While the process of working under the NAAEC is a new one, and time will be needed to implement the NARAPs, this regional approach to action holds promise for an efficient and effective approach to protecting health and environment in North America. These efforts will also position the three countries to participate effectively in the global UNEP POPS negotiations and to be able to implement the requirements that will be contained in the future convention.