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Guidelines for the ESM of POPs Wastes

Environment Canada

General Technical Guidelines for Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with

Persistent Organic Pollutants

18 January 2004 Draft

Environment Canada Guidelines for the ESM of POPs Wastes

ACKNOWLEDGEMENTS

Environment Canada would like to express their appreciation to the following consultants for their assistance in preparing the General technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants. They are as follows:

Thomas Conway

RFI - Resource Futures International

858 Bank Street, Suite 103

Ottawa, ON

Canada

K1S 3W3

Sections 1.0, 2.0 and 3.0 plus overall editorial oversight

Craig Wardlaw

Headwater Environmental Services Corporation

2681 Jerseyville Road

Jerseyville, ON

Canada

L0R 1R0

Sections 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.8, 4.9, 4.10 and 4.11

Edward Lloyd

SNC-Lavalin Engineers and Constructors Inc.

2200 Lake Shore Boulevard West

Toronto, ON

Canada

M8V 1A4

Section 4.7

January 18, 2004


Table of Contents

1.0 Introduction...................................................................................................................................1

1.1 Scope..............................................................................................................................................1

1.2 About POPs....................................................................................................................................2

2.0 Relevant provisions for POPs wastes in the Basel and Stockholm Conventions..........................2

2.1 Basel Convention...........................................................................................................................2

2.1.1 General provisions.................................................................................................................2

2.1.2 Provisions with regard to POPs wastes..................................................................................5

2.2 Stockholm Convention...................................................................................................................7

2.2.1 General provisions.................................................................................................................7

2.2.2 Waste related provisions........................................................................................................8

2.3 Other Conventions.......................................................................................................................10

3.0 Provisions of the Stockholm Convention to be addressed cooperatively with the Basel Convention...................................................................................................................................................11

3.1 Low POP content definition.........................................................................................................11

3.2 Levels of destruction and irreversible transformation definition.................................................12

3.3 Methods that constitute environmentally sound disposal............................................................14

3.3.1 Destruction or irreversible transformation methods............................................................14

3.3.2 Other disposal methods when the POP content is low.........................................................15

3.3.3 Other disposal methods when destruction or irreversible transformation does not represent the environmentally preferable option.................................................................................................15

4.0 Guidance on Environmentally Sound Management (ESM)........................................................16

4.1 General considerations.................................................................................................................16

4.1.1 Basel Convention.................................................................................................................16

4.1.2 Stockholm Convention.........................................................................................................18

4.1.3 OECD (core performance elements of ESM for government and industry).......................18

4.2 Legislative and regulatory framework.........................................................................................19

4.3 Waste prevention and minimization............................................................................................23

4.4 Identification and inventories......................................................................................................24

4.4.1 Identification........................................................................................................................24

4.4.2 Inventories............................................................................................................................24

4.5 Sampling, analysis and monitoring..............................................................................................27

4.5.1 Sampling..............................................................................................................................27

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4.5.2 Analysis................................................................................................................................28

4.5.3 Monitoring...........................................................................................................................29

4.6 Handling, collection, packaging, transportation and storage...................................................31

4.6.1 Handling...............................................................................................................................31

4.6.2 Collection.............................................................................................................................31

4.6.3 Packaging.............................................................................................................................32

4.6.4 Transport..............................................................................................................................33

4.6.5 Storage.................................................................................................................................33

4.7 Environmentally sound destruction and disposal........................................................................33

4.7.1 Pre-treatment.......................................................................................................................33

4.7.2 Destruction and irreversible transformation methods..........................................................33

4.7.3 Other disposal methods when the POP content is low........................................................33

4.7.4 Other disposal methods when destruction/irreversible transformation does not represent the environmentally preferable option.......................................................................................................34

4.8 Remediation of contaminated sites..............................................................................................34

4.9 Health and Safety.........................................................................................................................34

4.9.1 High-volume, high-concentration or high-risk situations....................................................34

4.9.2 Low-volume, low-concentration sites or low-risk situations...............................................35

4.10 Emergency response....................................................................................................................35

4.11 Public participation......................................................................................................................36

Appendix 1: Stockholm Convention Annex C provisions...........................................................................38

Appendix 2: Provisional definitions of low POP content submitted by Austria, Belgium, Germany, Greenpeace, Japan and others......................................................................................................................41

Appendix 3: Environmentally sound methods of destruction or irreversible transformation suggested by Germany and Japan......................................................................................................................................49

Appendix 4: Quality Assurance and Quality Control..................................................................................51

Appendix 5: Basic Principles of Safe Storage of POPs Waste....................................................................54

Appendix 6: Relevant documents and guidelines/references......................................................................56

Appendix 7: Destruction methods that are currently operating on a pilot or test basis...............................60

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Abbreviations and AcronymsADI Acceptable Daily IntakeANZECC Australian and New Zealand Environment Conservation CouncilAOP Advanced Oxidative ProcessASTM American Society for Testing of Materials ATSDR Agency for Toxic Substances and Disease RegistryBAT Best Available TechniquesBEP Best Environmental PracticesCOP Conference of the PartiesCPE Core Performance ElementsDDT 1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethaneDE Destruction EfficiencyESM Environmentally Sound ManagementFAO Food and Agriculture OrganizationHCB HexachlorobenzeneIATA International Air Transport AssociationIMO International Maritime OrganizationINC Intergovernmental Negotiating Committee (Stockholm Convention on Persistent Organic Pollutants)NIP National Implementation PlanOECD Organisation for Economic Co-operation and DevelopmentPAH Polycyclic Aromatic HydrocarbonPBBs Polybromated biphenylsPCBs Polychlorinated biphenylsPCTs Polychlorinated terphenylsPCDD Polychlorinated dibenzo-p-dioxinsPCDF Polychlorinated dibenzo-furansPOPs Persistent Organic PollutantsPPB Parts per BillionPPM Parts per MillionPPT Parts per TrillionPRTR Pollutant Release and Transfer RegisterQA/QC Quality Assurance/Quality ControlTDI Tolerable Daily IntakeTEF Toxic Equivalency FactorTEQ Toxic EquivalentUNEP United Nations Environment ProgrammeUNESC United Nations Economic and Social CouncilVOC Volatile organic compoundWCO World Customs OrganizationWHO World Health Organisation

Units of measurementmg/L: Milligram(s) per liter. A measure of the concentration of an analyte in a given liquid medium. Occasionally

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

Occasionally referred to as parts per million (ppm) by weight.μg/L: Microgram(s) per liter. A measure of the concentration of an analyte in a given liquid medium. Occasionally

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

Occasionally referred to as parts per billion (ppb) by weight.

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1.0 Introduction1.1 Scope1. This General Technical Guideline provides guidance for the environmentally sound management (ESM) of POPs wastes in accordance with provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and the Stockholm Convention on Persistent Organic Pollutants.

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

1. polychlorinated biphenyls (PCBs)*, polychlorinated terphenyls (PCTs), and polybrominated biphenyl (PBBs);

2. the pesticide POPs aldrin, chlordane, dieldrin, endrin, heptachlor, hexachlorobenzene (HCB)**, mirex and toxaphene

3. HCB**; 4. 1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane (DDT); and5. polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDDs/PCDFs)

*PCBs include both intentionally and unintentionally produced PCBs.

** HCB features twice in the list to reflect its status as both an industrial chemical and a pesticide.

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 waste management, treatment and disposal practices for POPs wastes, including discarded/expired materials contaminated with POPs, such as waste stockpiles; waste products and articles; residues captured during production and waste treatment processes; and materials in remediation sites, where these sites have been identified for cleanup; and

2. a framework for addressing unresolved 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 unresolved policy issues include:

the establishment, as appropriate, of low POPs content concentration levels in wastes, at or above which the waste is to be destroyed or irreversibly transformed as per Article 6.2 (c) and 6.1(d) (ii). (See Section 2.3 of this guidance document on Stockholm Convention provisions pertaining to wastes for full text of these provisions);

establishment of levels of destruction and irreversible transformation, as per Article 6.2(a);

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 that do not require destruction/irreversible transformation (as per provisions of Article 6.1(d) (ii) of the Stockholm Convention).

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5. Considerations pertaining to destruction and environmentally sound disposal of POPs wastes discussed in this guidance document include a discussion of pre-treatment and volume of waste, given that these will have a bearing on waste concentration or low POPs content in wastes, hence on the required ‘routing’ for waste (destruction or environmentally sound 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 unintentional releases of POPs from industrial source categories and other human activities is under development by an Expert Group that was appointed for this purpose by the Stockholm Convention INC 6.

1.2 About POPs 7. Most POPs are synthesized substances, including by-products. Some of the unintentionally produced POPs can also occur naturally. However, human activity accounts for the greatest proportion of formation and release of these POPs.

8. The characteristics of POPs (toxicity, persistence and bioaccumulation1), 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 disposal of a POPs waste can lead to releases of the POP(s) and, in certain cases, to the generation and release of newly formed unintentional by-product POPs to the environment with subsequent potential for exposure.

2.0 Relevant provisions for POPs wastes in the Basel and Stockholm Conventions2.1 Basel Convention 2.1.1 General provisions

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. Paragraph 8 of Article 2 (“Definitions”) 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”) establishes a reporting procedure for prior informed consent with respect to import and export of wastes. Article 4.1 (a) 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

1 Appendix 6 includes a list of sites that readers may consult for more information on toxicity (in animals and humans), persistence, and bioaccumulation of POPs.

2 January 18, 2004


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).”

13. Article 4.1 was subsequently strengthened in 1994 at the Conference of the Parties to the Basel Convention by Decision II/12 (known as the “Basel Ban”) to prohibit the export of hazardous wastes from OECD to non-OECD countries and, at COP-3 in 1995, the formal incorporation into the Convention of this Basel Ban by amendment via Decision III/1. The final language of the amendment of the ban on hazardous wastes exports for final disposal and recycling is from Annex VII countries (Basel Convention Parties that are members of the EU, OECD, Liechtenstein) to non-Annex VII countries (all other Parties to the Convention). The Ban Amendment requires ratification by three-fourths (62) of the Parties to enter into force. As of the date of this guidance document, the ban amendment has not yet entered into force.

14. Article 4.2 contains key provisions of the 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;

(e) Not allow the export of hazardous wastes or other wastes to a State or group of States belonging to an economic and/or political integration organization that are Parties, particularly developing countries, which have prohibited by their legislation all imports, or if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner, according to criteria to be decided on by the Parties at their first meeting;

(f) Require that information about a proposed transboundary movement of hazardous wastes and other wastes be provided to the States concerned, according to Annex V A [Information to be Provided on Notification, to state clearly the effects of the proposed movement on human health and the environment;

(g) Prevent the import of hazardous wastes and other wastes if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner; and

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(h) Co-operate in activities with other Parties and interested organizations, directly and through the Secretariat, including the dissemination of information on the transboundary movement of hazardous wastes and other wastes, in order to improve the environmentally sound management of such wastes and to achieve the prevention of illegal traffic.

15. Article 13.1, also a reporting requirement, stipulates that the Parties to the Basel Convention shall, “whenever it comes to their knowledge, ensure that, in the case of an accident occurring during the transboundary movement of hazardous or other wastes and their disposal, which are likely to present risks to human health and the environment in other States, those states are immediately informed.”

16. Trade with non Parties is not permitted as per Article 4.5.

17. These general provisions are supportive of and consistent with the ESM of POPs wastes as required by the Stockholm Convention. However, the Basel Convention does not include provisions for a phase-out or bans on persistent organic pollutants, but rather addresses a broad range of hazardous wastes under the un-stated assumption that they will continue to be produced. Within this context, “disposal” as defined in Article 2.5 (“any operation specified in Annex IV to the Convention) and as further qualified by Annex IV, Section A (“Operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses”) includes a range of options, of which destruction features in just two of the 15 choices (i.e., incineration on land (D10) and incineration at sea (D11). As per provisions of Section A, the listed disposal operations also encompass blending or mixing prior to submission to any of the operations (D13); physico chemical treatment which results in final compounds or mixtures which are discarded by means of any of the operations in Section A, e.g., via evaporation, drying, calcination, neutralization, or precipitation (D9); biological treatment not specified elsewhere in Annex IV, which results in final compounds or mixtures which are discarded by means of any of the operations in Section A (D8); repackaging prior to submission to any of the operations listed in the section (D14); permanent storage, e.g., emplacement of containers in a mine, etc. (D12); storage pending any of the operations listed in Section A (D15) and specially engineered landfill, e.g., placement into lined discrete cells which are capped and isolated from one another and the environment, etc. (D5). Hence, these provisions further define “disposal” as it occurs within the Basel Convention to mean storage, repackaging, pre-treatment, and blending and mixing.

18. Section A of the annex also lists the following disposal operations, although they are unsuitable for any of the POPs even at low concentrations: surface impoundment, e.g., placement of liquid or sludge discards into pits, ponds or lagoons, etc. (D4); release into a water body except seas/oceans (D6); and release into seas/oceans including sea-bed insertion (D7).

19. Other options listed in Annex IV include land treatment, e.g., biodegradation of liquid or sludgy discards in soils, etc. (D2); and deep injection, e.g., injection of pumpable discards into wells, salt domes of naturally occurring repositories, etc.) (D3).

20. The concept of “disposal” in the Basel Convention further extends, via Section B of Annex IV to “Operations which may lead to resource recovery, recycling, reclamation, direct re-use or alternative uses” of the Convention’s listed waste categories and specific waste streams. However, provisions within the Stockholm Convention (as discussed in Section 2.2 of this guidance document) effectively supersede the recycling, reclamation, direct re-use or alternative uses options for purposes of destruction/irreversible transformation of the 12 Stockholm listed POPs for countries that ratify the Stockholm Convention (except where use exemptions apply, in which instance, the POPs are classified as products or articles, not

4 January 18, 2004


wastes). Some of the operations listed may, however, be appropriate for pre-treatment of POPs wastes, prior to their destruction in accordance with provisions of the Stockholm Convention. These include the following:

R2 Solvent reclamation/regeneration

R3 Recycling/reclamation of organic substances which are not used as solvents

R4 Recycling/reclamation of metals and metal compounds

R5 Recycling/reclamation of other inorganic materials

R6 Regeneration of acids or bases

R8 Recovery of components from catalysts

R9 Used oil re-refining or other reuses of previously used oil[

R12 Exchange of wastes for submission to any of the operations numbered R1-R11

21. In addition, Annex IVB lists “R13 Accumulation of material intended for any operation in Section B.” This option would apply to the potential pre-treatment “R” operations noted above.

22. The Basel Convention sets no priorities with regard to selection of one or another of the Annex IV operations as they may be appropriate to a specific waste category or waste stream, or concentrations of a particular waste, although the choice of operation will necessarily be qualified by the Convention’s provisions pertaining to ESM, which require that disposal occur in a manner that will protect human health and the environment from adverse effects of these wastes.

2.1.2 Provisions with regard to POPs wastes23. Article 2 of the Basel Convention defines wastes as “substances or objects which are 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 is intended for disposal or disposal is required by national law.

24. The Basel Convention classifies as hazardous wastes the 14 POPs that are the subject of this guidance document (i.e., the 12 listed POPs in the Stockholm Convention, as well as PCTs and PBBs). These POPs meet the Basel Convention Annex III “List of Hazardous Characteristics” provisions as specified in code H11: “Toxic (Delayed or Chronic)”; H12 “Ecotoxic”; and depending on concentration and the particular POP and route of exposure, H6.1 “Poisonous (Acute).”

25. Annex I (“Categories of Wastes to be Controlled”) lists the following wastes that pertain to POPs, including those that could be contaminated by POPs:

Y2 Wastes form 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

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

Y12 Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish

Y13 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives

Y18 Residues arising from industrial waste disposal operations

Y41 Halogenated organic solvents

Y43 Any congener of polychlorinated dibenzo-furan

Y44 Any congener of polychlorinated dibenzo-p-dioxin

Y45 Organohalogen compounds other than substances referred to in this Annex (e.g., other than Y39((phenols and phenolic compounds)), Y41, Y42 ((organic solvents excluding halogenated solvents)), Y43, Y44)

26. For categories Y2, Y4, Y5, Y12 and Y13, POPs could be contaminants in some products in these categories. For example, pharmaceutical wastes could include products contaminated with PCDDs and PCDFs as a result of unintentional synthesis (albeit the contaminants could be at trace concentrations). Several of the pesticide POPs have been/are used as biocides. PCDDs and PCDFs can be formed inadvertently during the manufacture of chlorophenols, which have been used in preservation of wood, paints and glues. PCBs have been widely used in the past in paint additives, adhesives and plastics, while PCTs, to a lesser extent, were also used in plasticizers, etc., as a PCB substitute. HCB has been used as an intermediate and/or additive in various manufacturing processes, including the production of synthetic rubber, PVC, pyrotechnics and ammunition, dyes, and pentachlorophenol.

27. Annex VIII lists wastes that are characterized as hazardous under Article 1(a) of the Convention. The POPs are listed in this section by name, class or by a category, of which they may constitute one component, as per below:

PCBs, PCTs and PBBs:

A1180: Waste electrical and electronic assemblies or scrap2 containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B B1110)

A3180: wastes, substances and articles containing, consisting of or contaminated with

polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more.

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Pesticide POPs (aldrin, chlordane, DDT, dieldrin, endrin, HCB, heptachlor, mirex and toxaphene)

A4030: wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides and herbicides which are off-specification, outdated (unused within the period recommended by the manufacturer), or unfit for their originally intended use.

PCDDs and PCDFs

A4110: wastes that contain, consist of or are contaminated with any of the following:

Any congenor of polychlorinated dibenzo-furan

Any congenor of polychlorinated dibenzo-dioxin.

28. Annex VIII’s List A and Annex IX’s List B also include a number of wastes or waste categories that have the potential to include one or more of the 12 POPs, such as ashes from incineration of insulated copper wire; dusts and residues from gas cleaning systems of copper smelters; waste gypsum arising from chemical industry processes; coal-fired power plant fly ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics; wastes from industrial pollution control devices for cleaning of industrial off-gases, excluding such wastes specified on list B; spent activated carbon not included on list B; spent sorbents; wastes from production, formulation and use of resins, latex, plasticizers, glue/adhesives; waste mineral oils unfit for their originally intended use; waste thermal (heat transfer) fluids; fluff–light fraction from shredding; waste phenols; waste halogenated or unhalogenated non aqueous distillation residues arising form organic solvent recovery operations; wastes from the manufacture formulation and use of wood preserving chemicals (not including the wood itself); waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex III hazard characteristics. Inorganic wastes that may be contaminated with POPs are also described. Annex IX listed item B3060 addresses wastes arising from agro food industries provided it is not infectious. There is the potential for some of these wastes to be contaminated by POPs via past environmental exposure pathways, for example, fish waste, residues and by-products used in animal feeding.

2.2 Stockholm Convention 2.2.1 General provisions29. The objective of the Stockholm Convention is set out in Article 1: “Mindful of the precautionary approach as set forth in Principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect human health and the environment from persistent organic pollutants.”

30. The Stockholm Convention on Persistent Organic Pollutants differentiates between three categories of POPs:

1. Intentionally produced POPs that are slated for elimination;

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2. Intentionally produced POPs that are to be reduced and ultimately eliminated, except where there is a specified “acceptable purpose,” i.e., disease vector control, or exemption, in which case substance production and/or use is restricted; and

3. POPs that are unintentionally produced as the result of human activity and which are slated for continuing minimization and, where feasible, ultimate elimination of total releases derived from anthropogenic sources.

32. Intentionally produced POPs are listed in annexes A and B of the Convention. Annex A lists aldrin, dieldrin, chlordane, endrin, heptachlor, HCB, mirex, toxaphene and PCBs. Annex B, which currently lists only DDT, applies to intentionally produced substances that may be subject to restrictions (as referenced in Item 2 above). Unintentionally produced substances are listed in Annex C. They include PCDDs, PCDFs, PCBs and HCB.

33. Article 7 of the Stockholm Convention prompts each Party to articulate the manner in which it will apply Convention provisions by requiring development of a National Implementation Plan (NIP) that describes how the Party will meet its obligations under the Convention. Article 5 (a) requires that the NIP incorporate a National Action Plan for the identification, characterization and reduction of total releases of Annex C chemicals resulting from human activity. The COP, as per Annex B, Part II, paragraph 5 (a) is also to encourage each Party that uses DDT to develop and implement an action plan for DDT as part of the NIP. Each Party is to transfer its NIP to the Stockholm COP within two years of the Convention’s entry into force for that Party and to review and update the NIP, as appropriate, on a periodic basis and in a manner to be specified by a decision of the COP. The obligatory NIP and action plan for Annex C POPs, and the suggested action plan for Annex B DDT, provide for a comprehensive approach to chemicals management, of which waste management is one component.

2.2.2 Waste related provisions34. Article 6 of the Stockholm Convention (“Measures to reduce or eliminate releases from stockpiles and wastes”) is the central article pertaining to wastes in the Convention. The article describes and applies to three categories of POPs wastes:

1. POPs wastes per se or POPs-containing mixtures/formulations. Examples include POPs that were intentionally manufactured, such as PCBs or a POPs pesticide, but which are now prohibited, deregistered, or, if covered by a use exemption in the Stockholm Convention, have expired or been taken out of use;

2. Waste products and articles consisting of, containing or contaminated with a chemical listed in Annex A, B or C; and

3. Stockpiles consisting of or containing chemicals listed in Annex A or Annex B once they are deemed to be waste.

35. Substances listed in Annexes A and B are deemed wastes “after they are no longer allowed to be used according to any specific exemption specified in Annex A or any specific exemption or acceptable purpose specified in Annex B.” The provision encompasses stockpiles of Annex A and B wastes after they are no longer allowed to be used according to any specific exemption.

36. Exemptions for manufacture may be granted for chlordane, DDT, HCB, and mirex. Use exemptions may be granted for aldrin, chlordane, dieldrin, DDT, heptachlor, HCB, mirex and PCBs.

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37. Products and articles in which quantities of an Annex A or B chemical occur as unintentional “trace” contaminants shall not be considered as listed POPs according to note (i) in both of these annexes.2

38. Article 6.1(e) stipulates that each Party shall “endeavour to develop appropriate strategies for identifying sites contaminated by chemicals listed in Annex A, B or C; if remediation of those sites is undertaken it shall be performed in an environmentally sound manner.”

39. Article 6.1(d) sets out provisions for waste handling and disposal. The article stipulates that each Party shall:

6.1 (d) Take appropriate measures such that wastes, including products and articles upon becoming wastes, are:

(i) Handled, collected, transported and stored in an environmentally sound manner;

(ii) Disposed of in such a way that the persistent organic pollutant content is destroyed or irreversibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when destruction or irreversible transformation does not represent the environmentally preferable option or the persistent organic pollutant content is low, taking into account international rules, standards, and guidelines, including those that may be developed pursuant to paragraph 2, and relevant global and regional regimes governing the management of hazardous wastes;

(iii) Not permitted to be subjected to disposal operations that may lead to recovery, recycling, reclamation, direct reuse or alternative uses of persistent organic pollutants.

(iv) Not transported across international boundaries without taking into account relevant international rules, standards and guidelines;

Article 6.2 (a)-(c) provides direction for qualifying provisions within 6.1(d) as reproduced below:

6.2 The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal to, inter alia:

(a) Establish levels of destruction and irreversible transformation necessary to ensure that the characteristics of persistent organic pollutants are not exhibited;

(b) Determine what they consider to be the methods that constitute environmentally sound disposal for stockpiles and for other POPs wastes in accordance with 6.1(d) (ii);

(c) Work to establish, as appropriate, the concentration levels of the chemicals listed in Annexes A, B and C in order to define the low persistent organic pollutant content referred to in paragraph 6.1(d)(ii).

2 These notes both read identically, as follows: “Except as otherwise specified in this Convention, quantities of a chemical occurring as unintentional trace contaminants in products and articles shall not be considered to be listed in this Annex.”

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40. Article 3.2(a)(i) pertaining to disposal stipulates that “Each Party shall take measures to ensure that a chemical listed in Annex A or Annex B is imported only for the purpose of environmentally sound disposal as set forth in paragraph 1(d) of Article 6.” Similarly, Article 3.2(b)(i) requires that each Party take measures to ensure that Annex A and Annex B chemicals for which a product or use specific exemption is in effect are exported only for the purpose of environmentally sound disposal as set forth in 6.1(d), taking into account any relevant provisions in existing international prior informed consent instruments.

41. The Stockholm Convention through its provisions set forth in Annex A, Part II, provides explicit guidance with regard to removal by 2025 of PCBs from use equipment (e.g., transformers, capacitors or other receptacles containing liquid stocks) where the PCB content is above 50 mg/kg (50 ppm). Except for maintenance and servicing operations, the Parties are not to allow recovery for the purpose of reuse in other equipment of these PCBs. The Parties are instructed to “make determined efforts designed to lead to environmentally sound waste management” of both the PCB liquids that are removed from equipment and the contaminated equipment as soon as possible but no later than 2028.

42. Article 5 (”Measures to reduce or eliminate releases from unintentional production”) requires that each Party promote or require Best Available Techniques (BAT), together with Best Environmental Practices (BEP), to reduce the formation and release of unintentional by-products from existing and new industrial and other human activities. Source categories to which these provisions apply are listed in Annex C of the Convention (see Appendix 1 of this document). Sources with high potential for POPs formation include several waste treatment technologies, and technologies that utilize waste as a feedstock.

43. General prevention measures for reduction or elimination of releases of POPs relating to BAT, and to Best Environmental Practices (BEP), as described in Annex C, include waste management activities, such as waste avoidance of feedstocks that contain or are linked to generation of POPs; minimization of Annex C chemicals as contaminants in products (i.e., products that will eventually become wastes); process modifications to improve combustion (resulting in less residuals that will subsequently require destruction or disposal); and treatment of residuals, wastewater, wastes and sewage sludge by, for example, thermal treatment or rendering them inert or chemical processes that detoxify them.

44. Another measure, calling for improved methods for flue-gas cleaning that is aimed at preventing or reducing releases, could result in waste residue with increased concentrations of POPs, with implications for the nature of treatment (destruction/irreversible transformation or environmentally sound disposal.

45. Article 5 provisions call on each Party to apply BAT to sources that have high potential for formation of Annex C unintentional POPs, where the Party has identified the source(s) as warranting such action in its obligatory action plan for unintentional POPs. The requirement to use BAT for these sources shall be phased in as soon as practicable, but no later than four years after the entry into force of the Convention for that Party.

46. A Stockholm Expert Group is developing BAT/BEP guidelines for some sources of unintentionally produced POPs, such as waste incinerators and cement kilns, that are used or have been proposed for use for the destruction of POPs wastes.

2.3 Other Conventions

47. In addition to the Stockholm and Basel conventions, there are other international instruments that contain provisions that pertain to POPs wastes. For example, the 1998 Protocol on POPs to the 1979 Convention on Long-Range Transboundary Air Pollution of Persistent Organic Pollutants, in Article 3,

10 January 18, 2004


calls on each Party to ensure that when Annex 1 substances are destroyed or disposed of, such destruction or disposal is undertaken in an environmentally sound manner, taking into account relevant sub regional, regional and global regimes governing the management of hazardous wastes and their disposal, in particular the Basel Convention. The protocol calls for domestic disposal of listed Annex 1 substances, taking into account pertinent environmental considerations. Annex 1 (“Substances Scheduled for Elimination) include 10 of the 14 POPs addressed in this guidance document (all but PCDDs and PCDFs). The Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention) has as its purpose facilitation of information exchanges on chemicals from developing to developed countries and is intended to empower countries to determine what chemicals will enter their countries. The Annex III list of pesticides and industrial chemicals subject to the Rotterdam Convention include 11 POPs (aldrin, dieldrin, chlordane, DDT, dieldrin, heptachlor, HCB, PCBs, PBBs, PCTs, and toxaphene). The 2003 Protocol on Pollutant Release and Transfer Register (PRTR) to the 1998 UNECE Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environment Matters seeks enhancement of public access to information through the establishment of integrated, nationwide PRTRs so as to facilitate public participation in environmental decision making and contribute to the prevention and reduction of pollution of the environment. Reporting provisions include off-site transfers beyond the boundaries of a facility of either pollutants or waste destined for disposal or recovery and pollutants in waste water destined for waste-water treatment.

3.0 Provisions of the Stockholm Convention to be addressed cooperatively with the Basel Convention3.1 Low POP content definition 48. Provisional definitions of low POP content have been submitted by Austria, Belgium, Germany, Greenpeace, Japan and others as follows:

Austria

PCBs (which includes also PCTs, PBBs, etc.) – 50 ppm

PCCDs and PCDFs – 10.000 ng TEQ/kg

Pesticides (aldrin, chlordane, dieldrin, DDT, endrin, HCB, heptachlor, mirex, toxaphene) – 5 ppm

HCB in still produced products – 10 ppm

Belgium

PCB

For liquid wastes, such as oils, 1 ppm For waste equipment containing these oils establish the following rules:

If the oils have a PCB concentration of more than 1 ppm, the oils shall be separated from the equipment and destroyed.

If the oils have a PCB concentration of more than 50 ppm, the oils shall be separated from the equipment and destroyed; the equipment shall be decontaminated.

For solid wastes in which PCBs are present in a non liquid state 50 ppm. For waste equipment containing PCB-containing parts that can be separated, establish the rule

that this equipment is first dismantled in such a way that the PCB containing parts are isolated and then treated according to one of the above procedures.

PCDDs – 0.05 ppm

Germany

All POPs (except dioxins/furans) – 50 ppm11 January 18, 2004


PCDDs and PCDFs – 50 g TE/kg (ppb)

Greenpeace

PCB – 10 ppm

PCDDs and PCDFs – 0.001 mg TEQ /kg

DDT – 0.087 mg/kg

Aldrin – 0.066 mg/kg

Chlordane – 0.26 mg/kg

Dieldrin – 0.13 mg/kg

Endrin – 0.13 mg/kg

HCB – 10 mg/kg

Heptachlor – 0.066 mg/kg

Mirex – 0.13 mg/kg

Toxaphene – 2.6 mg/kg

Japan*

PCDDs

Dust and cinders ≤ 3 ng TEQ/g Sludge ≤ 3 ng TEQ/g Waste acid and waste alkali ≤ 100 pg TEQ/LPCBs

Waste oil ≤ 0.5 mg/kg Waste acid/alkali ≤ 0.03 mg/L Waste plastics, metal, ceramics – no adhesion/permeation of PCV

o ≤ 0.5 mg/kg solvent (analysis of waste solvent from solvent washing processo ≤ 0.1 g/kg/100 cm2

o ≤ 0.01 mg/kg Others ≤ 0.003 mg/L - leachate* Wastes that meet these standards are not considered as POPs wastes.

Other Participants

PCDDs and PCDFs – 0.01 mg TEQ/kg

49. Appendix 2 contains the complete text of the these submissions regarding low POP content definition.

50. As per paragraph 2(c) of the Open-ended Working Group decision II/10 the issue of methodology for further definition of low POP content will be addressed in a separate document.

3.2 Levels of destruction and irreversible transformation definition51. Provisional definitions of levels of destruction and irreversible transformation have been submitted by Austria, Belgium and Germany. In addition several approaches were discussed at the second OEWG meeting. These are discussed below:

Austria

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During OEWG 1 and 2 different approaches to define the destruction efficiency (DE) were widely discussed.

The concept of using the “best available technique” (BAT) only shifts the problem to the question “what is BAT ?”. Therefore to Austria this is not a feasible concept on a worldwide basis (within the EU the BAT concept is introduced by community legislation in several areas but there is an institutional mechanism to define the BAT in place too. Such a mechanism is not available under the Stockholm Convention.)

In fact in some countries no technique for destruction might be available at all.

The concept that the output of the destruction process should be below the thresholds of the “low POPs content” seems to be insufficient to reach the goals of the Convention although it could be argued that the treated waste is no longer defined as POPs.

A fixed number for the destruction efficiency might be the best solution. E.g an destruction efficiency of 99,99995% is requested in Austria for the destruction of PCB. Nevertheless to prove such an efficiency is difficult or sometimes impossible especially in the case of low concentrations.

This is because the efficiency of the treatment process itself might vary with the input concentration. At the same time the definition of the DE itself (DE = 100 x (input – output)/input) causes problems by fixing e.g. a 99,99995% DE. The output is never exact 0 but at least below the detection limit (DL). If the input (concentration) is only 100 times of the detection limit the DE is as a maximum only 99%.

We think this problem could be solved by validating the DE of the treatment method with a specific and fixed POPs content (e.g. 1% or a range of POPs content of 0,5%-1%-10% where it is appropriate) and accept that in cases of lower POPs content the real figure might not be exactly the same.

Belgium

When calculating the level of destruction we need to keep in mind that a POP destruction method can give rise to POP releases to air, water and waste (for instance in fly and bottom ash coming out of a waste incinerator). All these releases should be added up when calculating the destruction level. We should also note that POP releases into solid wastes can be better handled (for instance by landfilling) than POP releases to air (which are spread in an uncontrollable way over a large area). Therefore we think that it is necessary to establish best available destruction and irreversible transformation techniques in which limit values are set for emissions to air, water, waste etc. instead of only focusing on destruction levels. This is certainly the case with dioxins. These are often produced during the incineration process. As a result a destruction level for dioxins is of minor relevance.

For PCB liquids we propose a level of destruction of 0,005 ppm. This corresponds with a relative destruction level of 99,99 % for a 50 ppm liquid which is perfectly achievable with a state of the art incinerator.

Germany, August 12, 2003

With respect to air emissions the limit values contained in Annex IV to the POP-Protocol under the UNECE-LRTAP Convention for major stationary sources could be used. With respect to the other output streams of the process (e. g. slags) the above mentioned definitions of low POP content could be used in order to ensure that POPs are destroyed or irreversibly transformed in the process to a sufficient extent.

The approach of destruction efficiencies is a useful concept for comparison purposes, but it should not be used for defining levels of destruction and irreversible transformation because destruction efficiencies are mainly determined under test conditions with do not reflect real practice. Similarly, the approach of destruction and removal efficiencies which only relates to air emissions should not be used for defining levels of destruction and irreversible transformation.

Germany, December 23, 200313 January 18, 2004


With regard to levels of destruction and irreversible transformation, absolute levels (i. e. the POP content in all output streams related to the total waste input) are supported. Suggestions on values for such levels may be made at a later stage.

Open-ended Working Group of the Basel Convention

UNEP/CHW/OEWG/2/12 – Annex IV

16. With regard to levels of destruction or irreversible transformation, three approaches were identified:

(a) Destruction efficiency (DE), with respect to which it was noted that DE varies depending on the POP content;

(b) Detection limits, with respect to which it was noted that detection limits depend on the analytical method and the physical form of the waste;

(c) Absolute levels, i.e., analyse the POP content in all output streams and relate this to the total mass input into the facility.

It was suggested by some Parties that any one of these approaches could be combined with the approach of best available technologies, among other matters, in licensing waste disposal facilities.

17. With regard to destruction efficiencies, the value of 99.9999 % was suggested by some participants. With regard to absolute levels, Germany suggested the same levels as the defined low POPs content as a starting point for the discussion; other participants disagreed with this suggestion because they felt it might not be consistent with the Stockholm Convention. It was also mentioned that the approach to be selected should have legal clarity and should be enforceable.

52. As per paragraph 2(b) of the Open-ended Working Group decision II/10 the definition of level of destruction and irreversible transformation will addressed within a separate document.

3.3 Methods that constitute environmentally sound disposal53. As a guiding rule, the environmentally preferable treatment method of a POP waste should be the method that creates the lowest risk of release of harmful POPs to the environment.

3.3.1 Destruction or irreversible transformation methods 54. Section 4.7.2 contains a description of several environmentally sound methods of destruction or irreversible transformation, including:

Bioremediation

Anaerobic / Aerobic Composting

Bioventing

Oxidation

Advanced Oxidation Process (AOP)

Incineration

Cement Kiln Incineration

Large Scale Fixed Incinerators

Mobile Incinerators

Mediated Electro-Chemical Oxidation (MEO)

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Molten Salt Oxidation (MSO)

Super-Critical Water Oxidation (SCWO)

TiO2 Enhanced Photocatalysis (an AOP technology)

Plasma Arc Decomposition

Pact Process

Plascon

Pyrolysis

In-Situ Vitrification

Wet Air Oxidation (WAO)

Reduction

Based Catalyzed Decomposition Process (BCD or BCDP)

Gas Phase Chemical Reduction (GPCR)

Sodium Reduction

55. The applicability of these methods to a particular POP waste will depend upon the definition of low POP content and level of destruction or irreversible transformation. For example, when the waste has a POP concentration greater than the low POP content, only those destruction or irreversible transformation methods capable of achieving the proposed levels should be utilized, unless destruction or irreversible transformation does not represent the environmentally preferable option.

56. Appendix 3 contains the complete text of suggestions regarding environmentally sound destruction or irreversible transformation methods.

3.3.2 Other disposal methods when the POP content is low57. Section 4.7.3 contains a description of other environmentally sound methods of disposal, including the following:

Hazardous Waste Landfill

On-site Disposal/Containment

Immobilization by Fixation or Solidification

3.3.3 Other disposal methods when destruction or irreversible transformation does not represent the environmentally preferable option58. There may be instances in which the risk associated with destruction of a POPs waste is greater than the risk associated with its containment or disposal in an environmentally sound manner. For example, the nature of the waste (other substances with which it is mixed, lack of uniformity, etc.) may preclude use of a particular technology. By way of illustration, solid construction and demolition wastes, such as PCB in a concrete matrix, while they can be destroyed by thermal treatment would result in high energy consumption, while less energy intensive treatment methods (e.g., “washing” or solvent extraction) entail risks of high volatile organic compound (VOC) emissions and fire and are not available on a large scale. In such instances, irrespective of a 50 ppm concentration level, a particular ESM option (e.g., landfill) would be preferable to destruction/irreversible transformation.

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59. As well, destruction or irreversible transformation may not constitute the environmentally preferable option for POPs waste residues from thermal processes, where the POPs wastes (taking into account applicability of pre-treatment options) are not combustible, and, in exceptional cases, for solid wastes from waste management facilities, off-site wastewater treatment plans and resulting from the preparation of water intended for human consumption and water for industrial use.

60. The conditions and cases where destruction or irreversible transformation of POPs waste with a concentration above the established low POPs content does not represent the environmentally preferable option should be defined by evaluating the experiences of the different environmental management techniques (e.g., environmental impact assessment, life-cycle assessment, risk assessment). In each case, the appropriate waste management operation and ESM disposal option(s) should be described , including as these apply to waste type and quantity and the competent authority of the State concerned has subsequently authorized the alternative disposal operation and informed the Secretariat of the Basel Convention of its authorization and justification for it.

4.0 Guidance on Environmentally Sound Management (ESM)4.1 General considerations61. Environmentally sound management (ESM) is a broad policy concept without a clear universal definition at this time. However, provisions pertaining to ESM as it applies to POPs wastes (and more broadly, to hazardous wastes generally) within the Basel and Stockholm Conventions, and also the OECD core performance elements (discussed in the next three subsections), provide international direction that is also supportive of ESM efforts underway in different countries and among industrial sectors.

4.1.1 Basel Convention62. Article 2.8 of the Basel Convention 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 adverse effects which may result from such wastes.”

63. The Basel Convention embodies several key principles with respect to environmentally sound management of waste that are articulated in the 1994 Framework Document on Preparation of Technical Guidelines for the environmentally Sound Management of Wastes Subject to the Basel Convention. These include:

the Self-sufficiency Principle by which countries should ensure that the disposal of waste generated within their territory is undertaken there by means which are compatible with environmentally sound management, recognizing that economically sound management of some wastes outside of national territories may also be environmentally sound;

the Proximity Principle by which the disposal of hazardous wastes must take place as close as possible to their point of generation, recognizing that economically and environmentally sound management of some wastes will be achieved at specialized facilities located at greater distances from the point of generation; and

the Source Reduction Principle by which the generation of wastes should be minimized in terms of its quantity and its potential to cause pollution. This may be achieved by using appropriate plant and process design.

64. To achieve the ESM of wastes, the 1994 Framework Document further stipulates that a number of legal, institutional and technical conditions (ESM criteria) be met, in particular that:

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a regulatory and enforcement infrastructure ensures compliance with applicable regulations;

sites or facilities are authorized and of an adequate standard of technology and pollution control to deal with hazardous wastes in the way proposed, in particular taking into account the level of technology and pollution control in the exporting country;

operators of sites or facilities at which hazardous wastes are managed are required, as appropriate, to monitor the effects of those activities;

appropriate action is taken in cases where monitoring gives indications that the management of hazardous wastes has resulted in unacceptable emissions; and

people involved in the management of hazardous wastes are capable and adequately trained in their capacity.

65. The Basel Declaration on Environmentally Sound Management adopted in 1999 at the fifth meeting of the COP to the Basel Convention calls on the Parties to enhance and strengthen their efforts and cooperation to achieve environmentally sound management through development of strategies in the following fields:

(a) Prevention, minimization, recycling, recovery and disposal of hazardous and other wastes subject to the Basel Convention, taking into account social, technological and economic concerns;

(b) Active promotion and use of cleaner technologies and production, with the aim of the prevention and minimization of hazardous and other wastes subject to the Basel Convention;

(c) Further reduction of transboundary movements of hazardous and other wastes subject to the Basel Convention, taking into account the need for efficient management, the principles of self-sufficiency and proximity and the priority requirement of recovery and recycling;

(d) Prevention and monitoring of illegal traffic;

(e) Improvement and promotion of institutional and technical capacity-building, as well as the development and transfer of environmentally sound technologies, especially for developing countries and countries with economies in transition;

(f) Further development of regional and subregional centres for training and technology transfer;

(g) Enhancement of information exchange, education and awareness-raising in all sectors of society;

(h) Cooperation and partnership at all levels between countries, public authorities, international organizations, the industry sector, non-governmental organizations and academic institutions;

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(i) Development of mechanisms for compliance with and for the monitoring and effective implementation of the Convention and its amendments.

66. The Declaration states that a number of activities should be carried out in this context, including:

the identification and quantifying of the types of waste being produced nationally;

a best practice approach to avoid or minimize the generation of hazardous wastes and reduce their toxicity, such as the use of cleaner production methods or approaches; and

the provision of sites or facilities authorized as environmentally sound to manage wastes, and in particular hazardous wastes.

4.1.2 Stockholm Convention67. While the term “environmentally sound management” is not defined within the Stockholm Convention, taken as a whole, Convention provisions are predicated upon an integrated life-cycle approach to management of POPs, with preference to pollution prevention or cessation and continuous minimization of generation of POPs that will prevent/reduce further creation of POPs wastes.

68. Environmentally sound methods for waste disposal are to be determined by the COP and appropriate bodies of the Basel Convention (as per 6.2 (b). Also, as previously discussed in subsection 2.2.3 of this document, the Convention includes BAT and BEP measures for sources of Annex C POPs that include practices aimed at waste avoidance, reduction and elimination.

4.1.3 OECD (core performance elements of ESM for government and industry)69. The OECD has published a definition of ESM as “a scheme for ensuring that wastes and used and scrap materials are managed in a manner that will save natural resources and protect human health and the environment against adverse effects that may result from such wastes and materials.”3 The OECD Working Group on Waste Prevention and Recycling has proposed the core performance elements (CPE) of ESM guidelines applying to waste recovery facilities, including preceding collection, transport, treatment and storage, and subsequent storage, transport, treatment and/or disposal of pertinent residues.4

70. The Core Performance Elements are:

Government

Adequate regulatory infrastructure and enforcement should exist to ensure compliance with applicable regulations.

The recovery facility should be authorized.

The recovery facility should take adequate measures to safeguard occupational and environmental health and safety.

Industry

The facility should have an applicable Environmental Management System (EMS) in place.

The facility should have an operative monitoring, recording and reporting programme.

3 OECD Working Group on Waste Prevention and Recycling, Core Performance Elements of the Guidelines for Environmentally Sound Management of Wastes, Third Workshop on Environmentally Sound Management of Wastes (ESM) Washington, D.C. 20-22 March 2002.*4 Ibid

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The facility shall have an appropriate and operative training programme for personnel.

The facility should have an information exchange programme to optimize recovery.

The facility should have a verified emergency plan.

The facility should have a plan for closure and after-care.

4.2 Legislative and regulatory framework 71. Signatories to the Basel and/or Stockholm Conventions country will need to examine national controls, standards and procedures to ensure these are in line with Convention provisions and their obligations under them, including as these pertain to ESM of POPs wastes.

72. Most countries already have in place some form of legislation that outlines broad environmental protection principles, powers and rights. Ideally, a nation’s “umbrella” or broad environmental legislation as well as the legislation which provides authority for requiring environmentally sound management of POPs and other hazardous wastes will include requirements for protection of both human health and the environment. Such enabling legislation gives the government the power to enact specific rules and regulations and the power to inspect and enforce, and to establish penalties for violations.

73. Such legislation relative to hazardous wastes should also define environmental impairment, hazardous materials, wastes, and hazardous wastes. POPs, as a category of hazardous wastes, should be included, for example within a specific listing that incorporates the POPs addressed in this guidance document (i.e., the Stockholm Convention POPs, as well as PCTs and PBBs that are listed in the Basel Convention). Classification of wastes in national legislation or programmes should encompass waste residue (e.g., ash, slag, sorbent, etc.) relative to the two Conventions.

74. Provisions for reporting wastes should take into consideration concentrations in POPs waste relative to the low POPs content concentration that are adopted by the Stockholm Convention Conference of the Parties and subsequently adopted into national regulations.

75. The legislation could define ESM and commit the nation to adherence to ESM principles, taking care that these satisfy provisions for ESM of POPs wastes, including for their environmentally sound disposal as described in the Stockholm Convention.

76. Enabling legislation could also require that all new pesticides and industrial chemicals be subjected to a toxicological and environmental assessment before being introduced into products as per Article 3.3 of the Stockholm Convention, which requires that each Party having one or more regulatory and assessment schemes for new pesticides or new industrial chemicals take measures to regulate them, with the aim of preventing the production and use of new pesticides or new industrial chemicals that exhibit the characteristics of POPs.

77. Specific components or features of a regulatory framework that would meet Basel and Stockholm Convention and other international and national mandates are discussed below. In some instances, other forms of legislation or other approaches, such as voluntary compliance with policy or economic incentives may achieve the same result as legislation.

78. In addition to this discussion, readers are referred to Basel Convention guidance on regulatory frameworks, in particular Model National Legislation on the Management of Hazardous Wastes and Other Wastes as well as on the Control of Transboundary Movements of Hazardous Wastes and Other

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Wastes and their Disposal,5 Basel Convention: Manual for Implementation6 and Basel Convention: Guide to the Control System. 7

79. At this time, there is no Stockholm COP guidance pertaining to legislation under the Stockholm Convention (nor is there a requirement for development of such guidance within the Convention). Parties considering legislation and policy to implement the Stockholm Convention should therefore be guided by provisions of the Convention, dialogue with the Secretariat and other Parties, by adherence to the principals of ESM, by the basic system of environmental policy implementation in each country, and by technical guidance manuals such as this one.

Prohibitions on the manufacture, sale, import and export (for use) of listed POPs

80. Stockholm Convention Annex A and B POPs that have been, or are to be, banned, eliminated or restricted in accordance with Article 3.1 must be identified in rules or regulations. These should clearly define the POP compounds, products and articles that are subject to prohibition and elimination, as well as restrictions where exemptions apply. The dates of phase-out for each POP waste and the concentration limits (i.e. define the de minimus concentrations) should be specified. Exceptions to the rules to match international agreements and to acknowledge special circumstances should be incorporated (Stockholm Article 2(b) and (c)). Stockholm Article 3.6 stating that countries that have exemptions for otherwise banned POPs must minimize human exposure and environmental releases may be incorporated in this type of legislation.

81. As previously discussed in subsection 2.2.2 of this document, Article 3.2 of the Stockholm Convention calls for Parties to ensure that wastes of Annex A or B chemicals are imported solely for an exempted use or purpose or for environmentally sound disposal. Similarly, Annex A chemicals for which production and use specific exemptions are no longer in effect for any Party, and Annex B chemicals (DDT) for which there is no specific exemption or acceptable purpose are to be exported only for the purpose of environmentally sound disposal. Thus, if stockpiles or waste articles or waste products are to be destroyed, a specific exemption may be required within national legislation that allows these POPs to be transported to another country for environmentally sound disposal or permitted uses. These provisions also accord with the Basel Convention’s Article 4.2 (reproduced in 2.2.1 of this document), in particular 4.2 (e) which requires that each Party take measure to ensure that export of hazardous wastes or other wastes to a State or group of States belonging to an economic and/or political integration organization that are Parties, particularly developing countries, are not allowed where they have prohibited by their legislation all imports, or if the Party has reason to believe that the wastes in question will not be managed in an environmentally sound manner and 4.2 (g) which requires that each Party prevent import of hazardous and other wastes if it has reason to believe that the wastes will not be managed in an environmentally sound manner.

Phase-out dates for POPs that remain in service, inventory or storage

82. Legislation should sets dates for the elimination of stockpiles of POPs that are targeted for elimination by international agreement or international policy. The Stockholm Convention Annex A requires that some of the POPs are to be eliminated “immediately” (as of the date of coming into force of the Convention), namely endrin and toxaphene. The Annex A POPs aldrin, chlordane, dieldrin,

5 Basel Convention. 1995. Model National Legislation on the Management of Hazardous Wastes and Other Wastes as well as on the Control of Transboundary Movements of Hazardous Wastes and Other Wastes and their Disposal. Available at http://www.basel.int/pub/modlegis.html.6 Basel Convention. 1995. Basel Convention: Manual for Implementation. Available at http://www.basel.int/meetings/sbc/workdoc/manual.html.7 Basel Convention. 1998. Basel Convention: Guide to the Control System. Available at http://www.basel.int/pub/instruct.html.

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http://www.basel.int/pub/instruct.html

http://www.basel.int/meetings/sbc/workdoc/manual.html

http://www.basel.int/pub/modlegis.html


heptachlor, hexachlorobenzene as a pesticide and mirex are also to be eliminated immediately, except where exemptions for their continuing use apply. The Stockholm Convention requires the complete elimination of PCBs by 2025.

83. A linkage should be made in legislation between the phase-out date for use of a POP substance (including in articles and products) and the destruction of the POP once it has become a waste. This should include a time limit for destruction of the POPs wastes, so as to prevent massive stockpiles from being created that have no clear phase-out date. In some cases it may be advisable to require that POP products, upon becoming wastes, be destroyed directly, so as to discourage interim storage and reduce risk of releases of the POP or exposure to the waste material.

Hazardous materials and waste transportation requirements

84. Article 4.4 of the Basel Convention requires that signatory nations regulate the transboundary movement of hazardous wastes. The Convention describes in considerable detail the essential components of legislation that will meet the intent of the Convention. Most countries that are signatories to the Basel Convention also control the domestic transportation of dangerous goods and wastes through a legislative mechanism. POPs specified by the Stockholm Convention (which, as noted in Section 2.1.2 of this guidance document are also noted or implicated in Basel Convention lists in annexes I, II, III and VIII) may need to be given special status in transboundary movement legislation to meet the intent of the Stockholm Convention, with consideration also given to harmonization of notification systems consistent with this intent.

85. Article 4.3 of the Basel Convention requires that violations of legislation that implements the Convention be considered “criminal” offences. Under Article 17 of the Stockholm Convention, the COP shall, as soon as practicable, develop and approve procedures and institutional mechanisms for determining non-compliance with the provisions of the Convention and for the treatment of Parties found to be in non-compliance. Therefore, Parties to the Stockholm Convention will also want to track COP decisions in this regard.

Specifications for containers, equipment, bulk containers and storage sites containing POPs

86. To meet the requirements of ESM and specific clauses in both the Basel and Stockholm Conventions (e.g., Basel Preamble and Article 4.2, Stockholm Preamble and Article 6.1), Parties may need to enact specific legislation which describes the types of containers and storage areas that are acceptable for individual POPs. Nations should ensure that containers that may be transported to another country meet international standards (e.g,. International Air Transport Association, International Marine Organization, International Organization for Standardization).

Health and safety

87. Neither the Basel nor Stockholm Conventions specifically requires Parties to have worker health and safety legislation. However, it is highly recommended that a legislative approach be taken to protect workers from possible exposure to POPs, including with respect to their disposal and destruction. These provisions should include proper labeling of products and requirements for accompanying instructions for their appropriate disposal, in line with provisions of the Conventions.

88. Most countries have existing worker health and safety provisions in general labour legislation and, in some cases, in specialized human health or environmental legislation. Parties should re-examine their existing legislation to ensure that POPs are adequately addressed and that relevant aspects of international agreements are integrated. Worker health and safety is a relatively mature field with a great deal of

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guidance and literature is available to assist in the planning and revision of legislation, policy and technical guidance.

89. Article 10(e) of the Stockholm Convention calls upon Parties to promote and facilitate training for workers, scientists, educators and technical and managerial personnel).

90. With regard to Stockholm Annex A pesticide POPs wastes, and stocks of manufactured PCBs, PCTs and PBBs, it is recommended that national legislation requires provision of training in safe handling, and requirements for packaging, storage and shipment, inclusive of wastes produced during mixing and application, and with respect to notification requirements for these wastes.

Specification of acceptable analytical and sampling methods for POPs

91. Sampling and analytical methods vary widely and produce considerable variation in results. All parties to the Basel and Stockholm Conventions should have legislation or strong policy guidelines indicating the acceptable sampling and analytical methods for each POP waste (including the form in which it occurs and the matrix). The procedures specified should be accepted internationally. When building an inventory, especially a release inventory, it is imperative that the same sampling and analytical procedure is used for each measurement of the same or similar releases. This will ensure that the reported results are comparable. See Section 4.5 for more detail.

Requirements for hazardous waste treatment, destruction and disposal facilities

92. Most countries have legislation that requires waste treatment, destruction and disposal facilities gain some form of approval before beginning operations and to operate within rules set out both in legislation and in their specific license or certificate-of-approval. It may be necessary to add requirements specific to POPs wastes to meet the intent of ESM disposal and also to comply with specific requirements of the Basel and Stockholm Conventions (e.g., Basel Article 4(2); and Stockholm Articles 5, 6(1)(d) and 6.2 as these pertain to establishment of low POPs content levels for each POP in specific matrices, at or above which destruction/irreversible transformation is required and minimum destruction levels). Provision should also be in legislation to ensure that that disposal operations do not lead to recycling of POPs, their incorporation into other products or direct or alternative uses of POPs.

General requirement for public information, awareness and education

93. Article 10 of the Stockholm Convention requires that information relating to POPs be made available to the public, that policy and regulation development is an open process subject to public review and that information be provided to the Basel and Stockholm Secretariats where appropriate or specifically required. It may be beneficial to enshrine these principals in legislation or in a binding policy statement such as a Statement of Rights.

Contaminated Sites

94. Provisions enabling the development of an inventory of contaminated sites and remediation of sites in an environmentally sound manner (Stockholm Article 6(1)(e)) could be specified in legislation and, as appropriate, conditions under which investigation and cleanup are to occur (recognizing that individual cleanup strategies will vary from one site to another).

Other Legislative Controls

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95. Examples of other aspects of life-cycle management of POPs wastes that could be required through legislation include:

siting provisions and requirements relative to storage, handling, collection and transport of wastes decommissioning requirements (inspection prior to and during decommissioning; procedures to be followed to protect worker and community health and the environment during decommissioning; post-decommissioning site requirements; disposal of POPs contaminated wastes, including materials, etc.);

emergency contingency planning, spill and accident response, including cleanup procedures and post-cleanup concentrations to be achieved, and worker training and safety requirements. Training, testing and review of emergency and spill prevention and cleanup programmes could be required by regulation;

POPs generator waste prevention, minimization and management plans; and

specification of tools used to implement provisions (operational permits, etc.).

4.3 Waste prevention and minimization 96. Preventing POPs wastes – avoiding the generation of POPs wastes – is the first and most important step in the overall environmentally sound management of POPs wastes. The Basel Convention specifically calls on Parties to “ensure that the generation of hazardous wastes and other wastes within it is reduced to a minimum” (Article 4.2(a)). Articles 5 of the Stockholm Convention deals entirely with waste minimization.

97. POPs wastes (expired or prohibited POPs, including in products and articles, stockpiles, and POPs at contaminated sites identified for remediation) should be characterized and inventoried (see Section 4.4 below). Such inventories, together with periodic waste audits, can be used to determine whether waste quantities are increasing or decreasing, the condition of the wastes, and opportunities for waste minimization.

98. Elements of a waste prevention and minimization programme include the following:

identification of articles and products consisting of, containing or contaminated with POPs materials and non-POP alternatives;

identification of processes that use POPs and generate POP waste and determine if process modifications, including updating older equipment that is generally more polluting could reduce waste generation;

identification and usage of alternative articles and products that are not linked to the production of POP waste during their lifecycles;

identification of unintentionally produced POPs and determine if Stockholm Guidelines on BAT are applicable;

usage of formula modifications that reduce POPs content and concentration;

regular (preventative) maintenance of equipment to increase efficiency and prevent spills and leaks;

training in correct use of POPs chemicals, ways to minimize waste production during use, handling, transport, storage, and ways to minimize unintentional production of POPs;

prompt containment of spills and leaks (rather than allowing POPs to contaminate a large volume of soil, concrete or asphalt); and

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decontamination of containers and equipment containing POPs.

99. Generators of wastes and significant downstream industrial users (e.g., pesticide formulators) of POPs containing products and articles could be required to develop waste management plans. Logically, such a plan would be for all toxic and hazardous wastes, with POPs wastes taken into consideration as one component of such a plan.

4.4 Identification and inventories4.4.1 Identification100. POPS wastes occur as solids, liquids (aqueous, semi-aqueous, solvent-based, and emulsions) and in gases (actual gases, as a liquid dispersion or aerosols, or adsorbed onto atmospheric pollutants).

101. POPs wastes are generated and otherwise created as a result of human activities, for example:

during their intentional manufacture;

as by-products of industrial and other processes;

through contamination of materials or the environment as a result of accidents or leakage that may occur during the course of production, sales, use; and during their decommissioning/ removal/ transfer;

through contamination of materials during POPs handling and use of POPs products; for example, wastes include containers, clothing and in some cases equipment (respirators, etc.) that have been contaminated through contact with the POP product, such as a pesticide.

when products or articles contaminated with POPs become off-specification, are unfit for original use, are discarded; and

when POPs products have been banned, prohibited or registrations withdrawn.

102. Critical aspects of waste identification requires knowledge of products or articles consisting of, containing or contaminated with POPs, including: manufactures, trade names and synonyms, when they were manufactured, how they were used (applications) and by whom they were used (industry sectors). Lists of source categories of unintentionally produced POPs provided in the Stockholm Convention will assist both industrial managers, and managers in other sectors as well as the general public to identify POPs wastes.

4.4.2 Inventories103. Inventories are a necessary tool in identifying, quantifying and characterizing wastes with implications for development of management strategies. A national inventory of POPs is necessary to establish a baseline quantity of these POPs, to establish an information registry that assists with safety and regulatory inspections and the preparation of emergency plans, and to track progress with respect to minimization and phase-out of these chemicals. The initial inventory will allow each country to assess the extent and condition of these POPs.

104. The development of a national inventory requires the long-term commitment of the national government, cooperation of owners and manufacturers of POPs, a sound administrative process for collecting information on an ongoing basis, a computerized database/retrieval system, and the ability to prepare useful reports regarding the progress of minimization and phase-out. In some cases, government regulations may be required to ensure that owners of the POPs (whether in use or storage) report their holdings and cooperate with government inspectors.

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105. The 2003 Protocol on Pollutant Release and Transfer Register to the 1998 UNECE Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environment Matters includes provisions pertaining to reporting and inventorying wastes that are applicable to POPs wastes.

106. There are two distinct types of inventories that could be developed:

pollutant release inventories, and

product and waste stockpile inventories.

4.4.2.1 Pollutant release inventories107. Pollutant release inventories are not true inventories, but annual quantitative estimates of releases of individual POPs to the environment. Release inventories are called for in the Stockholm Convention Article 5(a)(i) for each Annex C listed chemical.

108. Annex C POPs are mainly generated through inadvertent mechanisms of chemical production, chemical breakdown and conversion, thermal combustion processes, and/or waste destruction processes. Therefore, an annual release inventory is a useful and accepted means to assess the national and global quantities for these substances. However, it should be noted that there may be instances where waste products and articles consist of, contain or are contaminated with Annex C POPs. In addition sites may be contaminated with Annex C POPs.

109. When planning a new release inventory, nations may draw on the data published by other countries and extrapolate to their own situation.

110. Baseline chemical testing of key industry emissions should be undertaken to verify the concentration ranges found in other countries. As well, an inventory of industries, processes and other sources should be developed for each country using census, business directory, existing pollutant release inventory, direct survey and other publicly available information.

111. It may be beneficial and necessary to develop reporting requirements for releases of Annex C POPs . The requirements would apply to all potential Stockholm Convention listed point source categories (Stockholm Annex C Parts II and III), as reproduced in Appendix 1. All other potential sources should be considered in an inventory, even if not listed in Annex C (e.g., forest fires as sources of PCDDs and PCDFs).

112. UNEP Chemical’s Standardized Toolkit for the Identification and Quantification of Dioxins and Furans provides a template for national and regional inventories.

4.4.2.2 Stockpile inventories113. Stockpile inventories contain information about quantities and locations of stockpiles consisting of or containing POPs, articles and products consisting of, containing or contaminated with POPs, wastes consisting of, containing, contaminated with POPs, and sites contaminated with POPs.

114. There are five basis steps in the development of a stockpile inventory, as follows.

Step 1: Consult with Key Industries and Associations

115. The first issue to consider when starting a stockpile inventory are the types of industries and locations that may be using POPs. This will help get a sense of the size of the inventory work and will develop a preliminary list of possible POPs owners.

116. Government officials should meet with representatives of industries that are likely to own a large amount of POPs or wastes, and with former producers and distributors of these chemicals if any.

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117. Since the chemical industry, the agricultural industry, the electrical industry and other large industries will have a large percentage of the country’s total PCBs, PCTs, PBBs, HCB and pesticides they should be consulted first.

Step 2: Train Government or Contract Staff

118. Government staff who are likely to be involved with the inventory and/or conduct inspections should be trained in all aspects of POPs articles, products, stockpiles and wastes. The key elements of training should be learning how to identify POPs (see next section), health and safety training, learning how to set up and maintain an inventory and learning how to conduct audits and inspections.

Step 3: Conduct Several Trial Audits

119. Several facilities should be visited by government personnel. These visits will serve three purposes. Firstly they will familiarize government staff with the inventory process and actual on-site conditions. Secondly they will serve as another form of consultation with industry. Thirdly they will produce some inventory information that can be used as trial data for the development of the national inventory.

Step 4: Develop Policy or Regulation Requiring Owners to Report POPs

120. A draft policy or regulation regarding the tracking of POPs and reporting to the government for inventory purposes should be developed. The policy or regulation should require initial reporting of POPs by a certain date and subsequent reporting when changes to inventories are made (by owners) or when destruction occurs (by destruction facilities). The reporting requirement should ask for the following information for each distinct inventory item at a minimum:

Name or description of product or waste

Physical state (liquid, solid, sludge, gas)

Product capacity of container or equipment (if applicable)

Number of like containers or pieces of equipment

Actual liquid, solid or gaseous volume of material containing POPs

Gross weight of container or piece of equipment

Net weight of container or piece of equipment (weight of liquid or solid contents)

Concentration of POP in the product or waste

Chemical constituents other than POP of concern

Other hazards of the material (combustible, corrosive, flammable, etc)

Location

Safety and environmental status

Owner information

Identifying labels, serial numbers, marks, etc.

Date entered inventory

Date removed from inventory and fate (if applicable).

Step 5: Implement the plan

121. Before implementing the requirement to report inventories, a national inventory database should be set up. The government’s central inventory must be kept up to date as new information comes in.

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Governments can assist POPs owners by providing information and advice. Site inspections will help ensure that the inventory information is correct.

122. In addition to the preceding discussion of inventories, readers are referred to information sources on the identification of POPs and development of inventories listed in the Bibliography. One in particular, Methodological Guide for the Undertaking of National Inventories of Hazardous Wastes Within the Framework of the Basel Convention (UNEP, 2000), is a comprehensive document dealing with inventories of hazardous wastes.

4.5 Sampling, analysis and monitoring123. Sampling, analysis and monitoring are critical components in the management of POPs wastes and should be given high priority with respect to both capacity building in developing nations and implementation. They must be conducted by trained professionals, according to a well-constructed plan and using internationally accepted and nationally approved methods, carried out using the same method each time over the time span of the programme. As well, they must be subjected to rigorous quality assurance and quality control measures, see Appendix 4. Mistakes in sampling, analysis or monitoring, or deviation from accepted methods, can result in meaningless data or even programme-damaging data. Every nation must therefore ensure that training, protocols, laboratory capability and enforcement of standards is in place for sampling, monitoring and analytical methods.

124. Because there are numerous reasons to sample, analyse and monitor, and also because there are so many different physical forms of waste, there are hundreds of different methods that can be used for sampling, monitoring and analysis. It is beyond the scope of this document to discuss even a few of the actual methods. However, the next four sections discuss the key points of sampling, field tests, analysis and monitoring.

4.5.1 Sampling125. Sampling as used in this document is the process of selecting and obtaining a small amount of a waste gas, liquid or solid from a larger quantity of waste for later analysis either in the field or in a laboratory.

126. The sampling of materials is a science unto itself. However, poor quality sampling will yield poor quality results to the same degree as poor quality analysis. Elements of sampling that must be undertaken in all cases are as follows:

researching the site and/or materials to be sampled;

planning the sampling programme;

obtaining the sample supplies and preparing for the field or laboratory work;

laying out the sample locations and equipment at the site;

reviewing and revising the sample plan in the field if necessary;

collecting the sample(s);

placing the sample in the sample container;

labelling the sample;

preserving the sample in a manner that will prevent degradation of the material, etc.;

cleaning the sampling equipment for next sample (to prevent cross-contamination);

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completing the sample submission and, if applicable, chain of custody forms;

documenting the sampling work (notes, photographs, videos);

transporting the sample to the analytical equipment (field or laboratory); and

transferring the samples to the custody of the analytical personnel.

127. All of these steps have methods that must be followed for successful sampling to occur. Similarly, documentation must be thorough and rigorous. For example, it should include information regarding sample collection equipment, the name of the person who collected the sample, sample numbers, sample location description and diagram or map, sample description, time of collection, climatic conditions, and observations of any unusual events. Samples should be accompanied with a chain of custody form that keeps a record of all people who have handled the samples. 128. Trained professionals should be involved in the planning of sampling programmes and technical manuals used to assist in the choice of appropriate methods. One such manual is Sampling Environmental Media (ASTM, 1996).

4.5.2 Analysis129. Analysis in this section refers to the determination of physical, chemical or biological properties of a material using documented, peer-reviewed and “accepted” laboratory methods. Analysis can mean the determination of chemical, physical or biological properties. Typically, accepted laboratory methods are published by agencies and organizations that specialize in the development of standards, such as the American Society for Testing of Materials (ASTM), U.S. Environmental Protection Agency (EPA), and the National Institute for Occupational Health and Safety (NIOSH). There are several standards manuals listed in the bibliography that contain accepted laboratory methods. Individual countries may also develop and/or approve their own particular methods for certain types of analysis and this is acceptable provided the accuracy and precision are comparable to existing published methods.

130. While excellent methods and equipment have been developed for analysis, and laboratory staff are usually well-trained, there are still sources of error and imprecision in analytical work. Some of these sources of error and imprecision can be reduced by implementing national standards for analytical work related to POPs, taking into account the considerations discussed below.

Elements of national standards

131. Each nation should identify, through guidance documents or legislation, the standard methods required for each POP chemical and the situations in which the method must be used. Samples submitted to a laboratory can be analysed using the most convenient or the cheapest method because the person or agency submitting the samples has not specified a method. Similarly, while many nations and agencies recommend a method for the actual quantification of the sample, they should also specify the other elements of the analytical process. National standards should cover all the elements noted below:

sample handling and storage;

sample preparation (drying, weighing, grinding, chemical digestion, etc.);

extraction of contaminants (organic solvent extraction, leachate production);

dilution or concentration of sample or extract;

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calibration of equipment;

the actual analytical or bioassay test method;

calculation or determination of result; and

reporting of result.

132. The preceding steps must be completed in a repeatable, acceptable manner for results to be meaningful.

133. Parties have a responsibility to ensure that they have capability and capacity for the analysis of each type of sample. If a country does not have capability and capacity for a certain POP or certain types of samples, then they must ensure that they have access to laboratories in another country.

134. Laboratory quality should be verified. This can be done through an laboratory associations or through government enforced standards.

4.5.2.1 Field Tests135. Field testing in this document is defined as “the determination of physical, chemical or biological properties of a material or site using portable, real-time instruments or devices.” Field test instruments and devices typically collect a sample and analyse it within a very short period of time. Typically, field test instruments and devices also have a lower degree of accuracy and precision than sampling and analysis in a laboratory.

136. Field test instruments are, nevertheless, extremely valuable for field work in identifying materials that are likely to be POPs wastes. They are also useful in assisting with decisions of places in which to take additional samples, detection of dangerous atmospheres (explosive, flammable, toxic), and in locating the sources of spills and leaks. Portable units with photo-ionization detectors or flame ionization detectors are available to detect total organic vapours or even individual organic substances. Some field test instruments, such as “PCB Test Kits,” are accepted by some countries as reliable in determining whether a waste contains PCBs over the regulatory limit. However, such tests can produce both “false positive” and “false negative” results. Therefore, where there is any doubt about the results of the field test instrument, or if the result is to be used for scientific or legal purposes, samples should also be collected for laboratory analysis.

4.5.3 Monitoring137. The Basel Convention Article 10.2(b) requires Parties to “cooperate in monitoring the effects of the management of hazardous wastes on human health and the environment.” Article 13.3(d) requires Parties to transmit to the Secretariat “information on available qualified statistics which have been compiled by them on the effects on human health and the environment of the generation, transportation and disposal of hazardous wastes or other wastes.” The Stockholm Convention’s Article 11 deals exclusively with research, development and monitoring of all POPs chemicals. Article 11(1) states that Parties shall encourage and/or undertake appropriate research, development, monitoring and cooperation at the national and international levels pertaining to POPs on their:

(a) sources and releases to the environment;

(b) presence, levels and trends in humans and the environment;

(c) environmental transport, fate and transformation;

(d) effects on human health and the environment ;

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(e) socio-economic and cultural impacts;

(f) release reduction and/or elimination; and

(g) harmonized methodologies for making inventories of generating sources and analytical techniques for the measurement of releases.

138. Sub-clauses (a) and (f) are discussed in Section 4.2.2 on release inventories). For Sub-clauses (b)-(e) some possible monitoring programmes are suggested in the following lists:

Presence, levels and trends in humans and the environment

Chemical analysis of human tissue, blood, urine, breast milk, etc. – track specific groups over time (temporal assessment) or assess different groups in the same time period (spatial or exposure-specific assessment);

Biochemical analysis of breakdown products, “biomarkers,” enzymes, proteins, etc., in human tissues or fluids as an alternative to chemical analysis – temporal, spatial, exposure-specific;

Bioassays involving humans or human tissues – temporal, spatial, exposure-specific;

Chemical analysis of whole animals or plants animal or plant tissue samples, blood, urine, breast milk, etc. sampled in the environment – temporal, spatial, exposure-specific;

Biochemical analysis of breakdown products, biomarkers, enzymes, proteins, etc. in whole animals or plants animal or plant tissue samples, blood, urine, breast milk, etc. sampled in the environment – temporal, spatial, exposure-specific;

Bioassays involving animals, plants or micro-organisms– temporal, spatial, exposure-specific; and

Chemical analysis of samples collected in the environment of air, water, soil, sediment at sampling stations that are part of a monitoring network.

Environmental transport, fate and transformation

Modelling of paths and patterns of air, stack gases, liquid effluent streams, groundwater and surface water currents;

Chemical “signature” analysis of POPs at different locations to identify probable transport pathways and sources;

Ecosystem studies focusing on cycling of POPs;

Tracking of animal species known to bioaccumulate POPs;

Laboratory studies of POPs movement in different media;

Laboratory studies of POPs breakdown times (half-life) and breakdown products in human and animal tissue and different media (soil, water, air, sediment) with and without biological activity;

Identification of “new” sources of POPs; and

Chemical analysis of human and animal food and other consumer products.

Effects on human health and the environment

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Laboratory toxicological studies using animals, human tissue, animal tissue or bioassays;

Laboratory “mode-of-action” and genetic alteration studies;

Epidemiologic studies of human populations and individual case studies; and

Epidemiologic studies of animal populations.

Socio-economic and cultural impacts

Economic studies of costs of health care, loss of human life and productivity, loss or impairment of fatty food supplies, loss of use of natural resources and/or benefits of reducing POPs levels in humans and the environment;

Cultural impacts due to loss of use of natural resources, toxicological effects and fears related to POPs;

Economic impacts of facilities related to the production and disposal of POPs; and

Economic, cultural and epidemiologic impacts of pesticide use, alternatives to POPs pesticides, or the complete phase-out of a POPs pesticide.

139. Each country should have a monitoring programme (possibly in cooperation with other countries) that monitors POPs concentrations in key marker species, humans and environmental media and should also support additional research and monitoring to address situations of national or regional interest, to fill data gaps and to respond to needs identified by the Basel or Stockholm Convention. Each country should carefully evaluate additional research and monitoring efforts to make sure that the work does not duplicate the work of other countries or produce results which are not of use to the scientific community. All research and monitoring results should be published in government reports or scientific journals or be submitted to the Basel or Stockholm Secretariat for incorporation into an international publication.

140. Further guidance on sampling can be obtained from the specific Technical Guidance documents for reach POP, or from the US EPA RCRA Waste Sampling Draft Technical Guidance.

4.6 Handling, collection, packaging, transportation and storage 4.6.1 Handling141. The main concerns when handling POPs wastes are worker exposure and accidental release to the environment. POPs wastes must be handled as dangerous substances even if they are not technically classified as such, to prevent spills and leaks leading to worker exposure, releases to the environment and exposure to the community. A set of procedures should be prepared by each organization that handles POPs wastes and workers should be trained in the procedures.

142. Guidance documents on the safe handling of hazardous materials, training requirements, the use of protective equipment, etc. have been produced by the International Labour Organization (see Appendix 6).

4.6.2 Collection143. A significant amount of the in-use, in-storage or abandoned POPs chemicals exist in relatively small quantities in residential settings, commercial properties or abandoned on industrial or public land. These small quantities include household or commercial size pesticide containers, PCB fluorescent light

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ballasts, small containers of pentachlorophenol-based preservatives with PCDD and PCDF contamination, small amounts of “pure” POPs chemicals in laboratories and research facilities, pesticide-coated seeds used in agricultural and research settings, and assorted small, unmanaged “stockpiles” on occupied or unoccupied land. To deal with this scattered assortment of hazardous wastes, many governments have established depots where small quantities of these wastes can be “dropped-off” by the owner at no charge or for a nominal fee. These depots may be permanent or temporary in nature, or may be located at an existing commercial hazardous waste transfer station. The waste collection depots and transfer stations may be set up on a regional basis by a group of countries, or may be provided by a developed country to a developing country to meet financial obligations under Article 13 of the Stockholm Convention.

144. Care must be taken in establishing and operating waste collection programmes, depots and transfer stations to:

advertise the programme, depot locations and collection time periods to all potential holders of POPs wastes;

allow enough time of operation of collection programmes for the complete collection of all potential POPs wastes. (It will be necessary to operate the depots either continuously or intermittently over several years);

include all possible POPs wastes in the programme;

make acceptable containers and safe-transport materials available to waste owners for those waste materials that may need to be re-packaged or made safe for transport;

establish simple, low-cost mechanisms for collection;

ensure the safety of both those delivering waste to depots and workers at the depots;

ensure that the operators of depots have an utilizing an accepted method of disposal; and

ensure that the programme and facilities meet all applicable legislative requirements.

4.6.3 Packaging145. All wastes should be properly packaged for ease of transport and as a safety measure to reduce the risk of leaks and spills. Packaging of hazardous wastes falls into two categories: packaging for storage, and packaging for transport.

146. Packaging for transport is often controlled by national transportation of dangerous goods legislation. For packaging specifications for transport, the reader should consult reference material published by International Air Transport Association (IATA), International Maritime Organization (IMO), by the United Nations Economic and Social Council (UNESC) and many national governments.

147. Packaging for storage is less well regulated, and in some countries not regulated at all. Some general precepts for POPs waste packaging for storage follow:

Packaging that is acceptable for transport is, in most cases, suitable for storage.

POPs wastes in their original product containers are generally safe for storage if the packaging is in good condition.

POPs wastes should never be stored in product containers that were not intended to contain POPs wastes or that have labels on them that incorrectly identify the contents.

Containers that are deteriorating or are deemed to be unsafe should be emptied or placed inside a sound outer package (overpack). When unsafe containers are emptied, the contents

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should be placed in appropriate new or refurbished containers that are clearly labelled as to the contents.

Smaller containers can be “bulked” together by placing them in appropriate or approved larger containers containing absorbent material.

Out-of-service equipment containing POPs may or may not constitute suitable packaging for storage. The determination of safety must be made on a case-by-case basis.

4.6.3.1 Labelling and identification 148. Labelling of POPs wastes is critical for the success of inventories and is a basic safety feature of any waste management system. Each waste container must be labelled to identify the container (e.g, ID number), identify the POP(s) present and indicate the hazard level. Standard labels have been produced by some organizations and governments, which should be used if available and appropriate for the situation. Standardized labels are recommended in the Basel Convention.

149. International standards have been developed for the proper labelling and identification of chemicals. Guidance documents on the proper labelling and identification of hazardous materials have been produced by UNESC and the OECD.

4.6.4 Transport150. POPs wastes must be transported in an environmentally sound manner to avoid accidental spills and leaks and to appropriately track their movement and ultimate destination. Transportation of dangerous goods and wastes is regulated in most countries, and the transboundary movement of hazardous wastes is controlled by the Basel Convention.

151. All persons transporting wastes within their own country should be qualified and/or certified as a shipper of hazardous materials and wastes. All persons proposing to ship hazardous wastes across an international border should notify their national regulatory agency of their intent and follow national and Basel Convention standards.

152. Guidance on the safe transport of hazardous materials can be obtained from the IATA, IMO, UNESC and the International Civil Aviation Organization.

4.6.5 Storage 153. POPs wastes must be stored safely and preferably in dedicated areas away from other materials and wastes. Storage areas must be designed to prevent the release of POPs to the environment by all routes. Storage rooms, areas or buildings should be designed by professionals with expertise in the fields of waste management and occupational health and safety or should be purchased in pre-fabricated form from reputable suppliers.

154. Some basic principles of safe storage of POPs waste are outlined in Appendix 5. Further information can be found in the UNEP document Storage of Hazardous Materials: A Technical Guide for Safe Warehousing of Hazardous Materials.

4.7 Environmentally sound destruction and disposal4.7.1 Pre-treatment

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4.7.2 Destruction and irreversible transformation methods 4.7.1.2 Commercially available methods 4.7.2.2 Methods in the pilot or test phase (ref. To Appendix 7)

4.7.3 Other disposal methods when the POP content is low4.7.4 Other disposal methods when destruction/irreversible transformation does not represent the environmentally preferable option

4.8 Remediation of contaminated sites

4.9 Health and Safety155. Health and safety plans should be in place at all facilities that handle POPs wastes to ensure the protection of everyone in and around the facility. The health and safety plan should be developed by a trained health and safety professional with experience managing health risks associated with the specific POPs at the facility.

156. In general there are three main ways to protect workers from chemical hazards (in order of preference):

1. Keep the worker away from all possible sources of contamination.

2. Control the contaminants so that the possibility of exposure is minimized.

3. Protect the worker using personal protective equipment.

157. All health and safety plans should adhere to the above principles and recognize local or national labour standards. Most health and safety programmes recognize different “levels of safety”. Some materials and sites are considered high risk and others lower risk. In response to the risk posed the level of worker protection varies from high to low. Many different levels of risk can be established and each situation should be evaluated by a health and safety professional. Below two risk situations are discussed: 1) high-volume, high-concentration or high-risk situations and 2) low-volume, low-concentration or low-risk situations.

4.9.1 High-volume, high-concentration or high-risk situations 158. POPs chemicals are targeted for minimization or elimination or in part because of their known adverse effects. The greatest risk of human exposure is borne by those workers who must work with or near these chemicals, particularly when high concentrations or high volumes of the POP chemical(s) are present, or for other reasons there is a high risk of exposure. There is no international quantitative definition of high volume or high concentration – each employer must be guided by the advice and input of health and safety professionals, labour representatives, the scientific literature, and government advisors. Many countries have worker health and safety regulatory or guideline exposure conditions and limits and any situation where it is probable that these limits will be exceeded is high risk. A site-specific risk assessment may also indicate a high risk, whether or not government guideline levels of POPs are exceeded. Potential high-concentration, high-volume or high-risk work areas and situations include the following:

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dedicated (large volume) POPs storage sites;

electrical rooms with large or multiple PCB transformers;

POPs chemical production areas (whether the POP chemical is being produced intentionally or unintentionally);

“open” chemical handling areas (where the POP chemical is exposed to the air for sampling, mixing, transfer to containers, etc.);

pesticide application;

handling for transport;

POPs treatment, destruction and disposal activities, and

contaminated sites with high concentration POPs at or near the surface.

4.9.2 Low-volume, low-concentration sites or low-risk situations159. As discussed in Section 4.9.1, there is no clear definition of low-volume, low-concentration or low-risk. These must be determined by comparing contaminant levels with government guidelines or by conducting a site specific risk assessment. Some examples of low-risk situations to worker health and safety include:

properties that contain equipment or products that contains POPs in small quantities or low-concentrations (e.g. light ballasts containing PCBs in the fluorescent fixtures; preservative treated utility poles, fence posts or lumber);

electrical transformers or other equipment with low-level PCB contaminated mineral oil;

commercial storage or inventory rooms that contain small quantities of products (i.e. pesticides) that are to be used in acceptable application situations;

facilities that unintentionally produce POPs in very low concentrations with respect to human exposure limits;

transport of consumer products and articles containing or contaminated with POPs in approved containers; and

contaminated sites with low levels of POPs and other hazardous chemicals or where the contamination cannot directly come into contact with workers (i.e., contamination is underground or under water and is not being excavated).

4.10 Emergency response160. Emergency response plans (ERPs) should be in place for all POPs in production, in-use, in storage, in transit and at a disposal or destruction site. While the emergency response plans will vary for each situation and each type of POP, there are some common elements. The main elements of an emergency response include:

identification of all potential hazards, risks and accident events;

planning for anticipated emergency situations and possible responses;

maintaining a complete up-to-date inventory of all POPs on site;

35 January 18, 2004


training of personnel in response activities, including simulated response exercises and first-aid;

maintaining mobile spill response capabilities or retaining the services of a specialized firm for spill response;

notification of fire services, police and other government emergency response agencies of the location of POPs and the routes of transport;

installation of mitigation measures such as fire suppression systems, spill containment equipment, fire-fighting water containment, spill and fire alarms and fire walls;

installation of emergency communication systems including signs indicating emergency exits, telephone numbers, alarm locations and response instructions;

installation and maintenance of emergency response “kits” containing sorbents, personal protective equipment, portable fire extinguishers, and first aid supplies;

integration of facility plans with local, regional, national and global emergency plans, if appropriate; and

regular testing of emergency response equipment and review of emergency response plan.

161. The ERP should be prepared jointly by a team of people, including emergency response, medical, chemical and technical personnel as well as representatives of labour and management.

162. Further guidance on emergency response plans can be found in the individual POPs guidance documents, and in guidance documents developed internationally, such as the OECD Guiding Principles for Chemical Accident Prevention, Preparedness and Response. Second Edition. (OECD, 2003) and by national, regional or local governments or agencies (such as civil defense and emergency coordination agencies and fire departments).

4.11 Public participation163. Public participation is a core principle of the Basel Declaration on Environmentally Sound Management and many other international agreements and conventions. It is essential that the public and all stakeholder groups have a chance to participate in the development of policy related to POPs, planning of programmes, development of legislation, review of documents and data, and decision-making on local issues related to POPs. The Basel Declaration, paragraphs 6(g) and (h), state that the parties shall enhance information exchange, education and awareness-raising in all sectors of society and encourage cooperation and partnership between public authorities, international organizations, industry non-governmental organizations and academic institutions. The Basel COP Decisions V/13 and V/33 reaffirm these principles and authorized the creation of a public information system that is linked to the Basel internet site.164. The Stockholm Convention calls on Parties to include opportunities for providing input at the national level with respect to implementation of its provisions. Article 10 requires that each Party, within its capabilities, promote and facilitate provision to the public of all available information on POPs. As well, each Party is required to promote and facilitate the following:

awareness among policy and decision-makers;

36 January 18, 2004


development of awareness and health monitoring programmes for women, children and the least educated;

public participation in decision-making;

training of workers, scientists, educators and technical personnel;

development and exchange of educational and public awareness materials nationally and internationally; and

development and implementation of education and training programmes nationally and internationally.

165. Article 6 of the 1998 POPS Protocol to the UNECE LRTAP Convention also has a requirement for Public Awareness.

166. The Rotterdam Convention commits parties to provide publicly available information on domestic regulatory affairs relevant to the Convention (Article 14.1(b)) and to ensure that the public has appropriate information on chemical handling, accident management and alternative chemicals that are safer for human health and the environment.

167. The Aarhus Convention, Articles 6, 7, 8, and 9, requires fairly specific types of activities to take place regarding public participation in specific government activities, the development of plans, policies and programmes, and the development of legislation, and calls for access to justice for the public with regard to the environment.

168. The participation of the “public” in the establishment of standards and regulations for POPs is essential. Any government planning new or changed regulations or policy should have an open process for soliciting comment from any and all person or groups. This means that a general invitation to comment is given through regular media outlets, the internet, or direct invitation. The individuals and groups who should be considered for direct invitation to comment are:

individual citizens who have expressed interest;

local citizens’ groups (including local environmental groups) for local issues;

environmental groups (regionally, nationally or globally organized);

individual industries and businesses with a “stake” in the process;

business associations;

trade unions and associations;

professional associations; and

other levels of government.

169. A public participation process may have several phases of public participation. The public and interest groups may be consulted before any changes or programmes are considered, during the process of developing policy and after each of the draft policy documents is prepared. Comments may be invited in person, in writing or through an internet web-site.

170. An example of public consultation regarding the development of POPs management plans can be found in the Australian document A Case Study of Problem Solving Through Effective Community Consultation.8

8 National Advisory Body and Scheduled Wastes Management Group, 2000. A Case Study of Problem Solving Through 37 January 18, 2004


Appendix 1: Stockholm Convention Annex C provisions Annex C, Part V, stipulates that the Parties to the Stockholm Convention, when considering proposals for new facilities or significant modification of existing facilities that have potential to generate POPs, give priority consideration to alternative processes, techniques or practices that have similar usefulness, but which do not form and release unintentional POPs. Annex C of the Stockholm Convention presents two lists of source categories of unintentionally produced POPs to which BAT and BEP provisions of Article 5 and Annex C apply.

Part II identifies those source categories that have the potential for high formation and release of these POPs:

(a) Waste incinerators, including co-incinerators of municipal, hazardous or medical waste or of sewage sludge;

(b) Cement kilns firing hazardous waste;(c) Production of pulp using elemental chlorine or chemicals generating

elemental chlorine for bleaching;(d) The following thermal processes in the metallurgical industry:

(i) Secondary copper production;(ii) Sinter plants in the iron and steel industry;(iii) Secondary aluminium production;(iv) Secondary zinc production.

Part III is an indicative list of other potential sources of formation and release of these substances:

(a) Open burning of waste, including burning of landfill sites;(b) Thermal processes in the metallurgical industry not mentioned in Part II;(c) Residential combustion sources;(d) Fossil fuel-fired utility and industrial boilers;(e) Firing installations for wood and other biomass fuels;(f) Specific chemical production processes releasing unintentionally formed persistent organic pollutants, especially production of chlorophenols and chloranil;(g) Crematoria;(h) Motor vehicles, particularly those burning leaded gasoline;(i) Destruction of animal carcasses;(j) Textile and leather dyeing (with chloranil) and finishing (with alkaline extraction);(k) Shredder plants for the treatment of end of life vehicles;(l) Smouldering of copper cables;(m) Waste oil refineries.

Paragraph (d) of Article 5 stipulates that each Party promote and require the use of BAT for new sources within the source categories that a Party has identified as warranting such action in its obligatory action plan for unintentional POPs. The requirement to use BAT for new sources in the categories listed in Part

Effective Community Consultation. Available at www.deh.gov.au/industry/chemicals/scheduled-waste/community-consultation.html

38 January 18, 2004


II shall be phased in as soon as practicable, but no later than four years after the entry into force of the Convention for that Party. For the identified categories, each Party shall also promote the use of BEP.

General prevention measures relating to both BAT and BEP for the Part II listed industrial sources with high Annex C POPs formation potential are described in Annex C, Part VA. Priority should be given to consideration of approaches to prevent the formation and release of chemicals, including “useful measures” as reproduced below from Part VA:

(a) The use of low-waste technology;

(b) The use of less hazardous substances;

(c) The promotion of the recovery and recycling of waste and of substances generated and used in a process;

(d) Replacement of feed materials which are persistent organic pollutants or where there is a direct link between the materials and releases of persistent organic pollutants from the source;

(e) Good housekeeping and preventive maintenance programmes;

(f) Improvements in waste management with the aim of the cessation of open and other uncontrolled burning of wastes, including the burning of landfill sites. When considering proposals to construct new waste disposal facilities, consideration should be given to alternatives such as activities to minimize the generation of municipal and medical waste, including resource recovery, reuse, recycling, waste separation and promoting products that generate less waste. Under this approach, public health concerns should be carefully considered;

(g) Minimization of these chemicals as contaminants in products;

(h) Avoiding elemental chlorine or chemicals generating elemental chlorine for bleaching.

Part VB of Annex C addresses general considerations and release reduction measures for BAT. The introduction to the section observes that “the concept of best available techniques is not aimed at the prescription of any specific technique or technology, but at taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.” This section notes that appropriate control techniques to reduce releases of the chemicals listed in Part I are generally the same. The section lists factors to which special consideration should be given in determining BAT, generally or in specific cases, and bearing in mind the likely costs and benefits of a measure and consideration of precaution and prevention. In addition to general considerations, paragraph (b) of Part VB specifies general release reduction measures that include provisions pertaining to, or having implications for, waste prevention, minimization and improved recovery of POPs from flue-gases:

(b) General release reduction measures: When considering proposals to construct new facilities or significantly modify existing facilities using processes that release chemicals listed in this Annex, priority consideration should be given to alternative processes, techniques or practices that have similar usefulness but which avoid the formation and release of such chemicals. In cases where such

39 January 18, 2004


facilities will be constructed or significantly modified, in addition to the prevention measures outlined in section A of Part V the following reduction measures could also be considered in determining best available techniques:

(i) Use of improved methods for flue-gas cleaning such as thermal or catalytic oxidation, dust precipitation, or adsorption;

(ii) Treatment of residuals, wastewater, wastes and sewage sludge by, for example, thermal treatment or rendering them inert or chemical processes that detoxify them;

(iii) Process changes that lead to the reduction or elimination of releases, such as moving to closed systems;

(iv) Modification of process designs to improve combustion and prevent formation of the chemicals listed in this Annex, through the control of parameters such as incineration temperature or residence time.

40 January 18, 2004


Appendix 2: Provisional definitions of low POP content submitted by Austria, Belgium, Germany, Greenpeace, Japan and othersAustria

General ObservationBy definition POPs are persistent and bio accumulative compounds with the potential to dissipate into the entire biosphere. Most of the regulated POPs were produced intentionally for various applications. The Stockholm Convention calls for a final destruction or transformation of POPs Wastes or at least the POPs content in such wastes to stop the entry of additional amounts into the biosphere. The fixing of limit values from which up this obligation applies is crucial for the implementation and the success of the Convention.

During OEWG 1 and 2 different concepts for fixing these limit values were approached.

1) Since the ultimate goal of the Stockholm Convention is to destroy or transform all POPs the detection limit (DL) or determination limit (DEL) were proposed.

Using these concepts cause sever difficulties in enforcement. The DL and DEL are depending on the analytical method, the sample preparation, and on the matrix. Therefore DEL and DL are not fixed and enforceable limits. A waste regarded as non POPs waste after an analytical examination might end up as a POPs waste after another analysis.

Further more this concept is ignoring the fact that POPS are persistent and have already infiltrated the entire biosphere. In fact using advanced and sophisticated analytical methods and sampling procedures POPs can be found in any sample.

In our understanding although it is desirable to destroy all POPs this approach is not feasible.

(Literature data on environment concentrations of POPs: Rippen – Handbuch Umweltchemikalien /1994: e.g. HCH background level in Germany 0,004 ppm average; HCB background level in Germany 0,00035 ppm in 1991)

2) Another approach taking into account the toxic properties of POPs is to derive limit values from the acceptable daily intake and therefore use e.g. the standards for drinking water or food as a basis. This approach ignores the fact that the route of exposure is different for food and waste.

The production of most POPs is banned by the Stockholm Convention. Necessary exceptions from this ban for medical uses (especially to fight vectors for malaria and other diseases) would get in conflict with this approach too.

Alternative Concepts (Austrian proposal)The goal of the Stockholm Convention is to destroy the POPs produced in the past and to stop further POPs from entering the biosphere. Therefore the priority should be to handle “hot spots” with a concentration fairly above the average background levels of POPs. This “hot spots” are old stocks, contaminated sites and treated goods (e.g. impregnated wood, textiles, sealing materials, etc.) which still leak POPs into the environment.

POPs are not something “new” invented by the Stockholm Convention but they have been subject to research and also to clean up procedures for many years now. Therefore it seems to be appropriate to use existing limit values and guidelines for clean up to make a decision which wastes are to be handled as POPs waste in accordance with the Convention.

This approach does not interfere with even more stringent limit values for specific purposes (e.g. fixing specific limits on food, water, etc.) but would allow to stop the leaking of POPs into the environment.

41 January 18, 2004


Proposal of limit values

Having this rational in mind we would like to propose the following values as a basis for further discussion:

1) PCB (which includes also PCT, PBB, etc.)

In various countries a limit value of 50 ppm is already established to define PCB wastes. In a footnote to entry A3180 of Annex 8 of the Basel Convention this is already acknowledged although it is also stated that several countries have fixed a more stringent limit value (eg. 20ppm).

50 ppm was already proposed by Germany in its written comments. We would like to support and endorse this proposal. This limit would cover all intentionally impregnated commodities and uses of PCB (e.g. softener in sealants or paints, flame retardant, etc.). Further more existing inventories of PCB wastes made under domestic regulations would be usable under the Stockholm obligations and therefore promote the quick destruction of the most dangerous “hot spots” (the higher the concentration the higher/faster is the diffusion into the environment). As expressed in the footnote to Annex 8 of the Basel Convention more stringent values might be adopted on a national basis. (These national limits could especially apply to low level (soil) contamination which is typically far below the levels of contamination arising from open uses of PCB.)

An additional argument for the 50 ppm limit value is that any limit value fixed should be enforceable. There exist different quick test for PCB in oil and also for PCB in soil. Typically these test can be used down to 20 to 5 ppm PCB content. This fact which would ease the enforcement of any regulation should also be kept in mind.

2) PCCD/PCDF

Unlike to most other POPs these substances are produced only unintentionally by various processes, mostly but not only by incineration. Different sources produce different pattern of PCDD/PCDF. Some synthesis (e.g. the production of petachlorophenols) produce mainly the most toxic “Seveso Dioxin” ( 2,3,7,8 tetrachlorodibenzo [1,4] dioxin) while incineration processes produce also higher chlorinated and less toxic dioxins and furans.

There exists a well established system of “toxicity equivalent” (TE) to define the toxicity of a mixture of different dioxins and furans. Any limit value should be based therefore on this TE. In several countries (including the EU Member States) at least for stack emissions of PCDD/PCDF a limit values of 0,1 ng TE/m³ for incineration plants was introduced.

The Basel Convention lists PCDD (in Annex 1 PCDF under Y43 and PCDD under Y44). In the OECD Decision (92)39 FINAL wastes containing PCDD/PCDF were categorised as “red list wastes”. In the rational to this OECD Decision a limit value of 10.000 ng TE/kg was proposed as a definition of “PCDD/PCDF” waste.

Different guidelines for the use of PCDD/PCDF contaminated areas give a limit value of 10.000 ng TE/kg in soil for industrial sites as an acceptable concentration (while for domestic areas a lower value of 1.000 ng TE/kg is fixed).

Therefore a limit value of “low POP content” of 10.000 ng TE/kg seems appropriate keeping in mind that this is the limit were steps for destroying existing POPs content are required. Nevertheless there is the obligation to reduce the amount of (unintentionally) produced PCDD/PCDF which is not depending on any limit value.

3) “Pesticide” POPs

As explained above the aim should be to identify the sources of leaking of these substances into the environment an destroy these compartments.

42 January 18, 2004


The acute toxicity of pesticide POPs vary widely (over a range of 1 to 2 magnitudes). This may lead to the conclusion that different limit values are necessary. However the “low level” concentration do not exhibit an acute toxicity in any case. Different limit values for different “pesticide” POPs would lead to a high amount of necessary analysis. On the other hand all the “pesticide” POPs have a high chlorine content (DDT: chlorine content 50%, Aldrin: chlorine content 58%, Chlordane: chlorine content 69%, Dieldrin: chlorine content 54%, Endrine: chlorine content 54%, HCB (also used as intermediate compound): chlorine content 75%, Heptachlor: chlorine content 67%, Mirex: chlorine content 76%, Toxaphene: chlorine content 68%). Fixing one limit value for all pesticide POPs would allow to use adequate sum parameters (like EOX extractable organic chlorine compounds or AOX absorbable organic chlorine compounds) for screening investigations and the enforcement of the limit value.

A review of the “clean up” values in Europe (as far as chloro-organic pesticides are addressed) give limit values in the range of 1-5-10 ppm (see literature data below). These values have proved to be appropriate in the past.

We therefore would like to propose a limit value of 5 ppm as a middle ground for all pesticide POPs (e.g. if the limit value is fixed with 5 ppm an EOX/AOX of 2.5 ppm would exclude wastes from falling under the provisions; the DEL for EOX/AOX in routine laboratory praxis should be below this value). In that way the amount of analytical work could be reduced.

Since HCB was used not only as a pesticide but is also an intermediate in synthesis for this POP a specific limit value (e.g. of 10 ppm) should be preferable to deal also the HCB content in still produced products.

(literature data: Rippen – Handbuch Umweltchemikalien 1994:

Rheinland-Pfalz (1992):

industrial sites: 20 ppm/kg TS for all pesticides as a trigger for further investigation, goal for clean up: 10 ppm/kg;

most sensible areas: 1 ppm/kg TS for all pesticides as a trigger for further investigation, goal for clean up: 0,5 ppm/kg;

Germany 1994:

DDT acceptable soil level: industrial sites: 4 mg/kg TS, domestic area 0,8 mg/kg TS (background level: Baden-Württemberg, DE, 1993: 0,03 mg/kg)

Netherlands (1988):

HCB 10 mg/kg TS for further investigation, severe ecological danger (1993) 30 mg/kg TS

Netherlands (1993):

Aldrin, Dieldrin, Endrine: severe ecological danger 4 mg/kg TS)

BelgiumComments based on document UNEP/CHW/OEWG/2/INF/6 “Draft general technical guideline for environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants”

This document was prepared by OVAM, the Flemish Public Waste Agency. This document is for information purposes only and is not to be used as the official Belgian position on POPs waste management9.

Low POP content

9 Waste policy is a regional competence in Belgium. In this document reference is made only to the Flemish legislation.

43 January 18, 2004


The POP concentration limit above which the POPs in the waste streams have to be destroyed or irreversibly transformed, depends on the type of POP. We do not have enough information to determine a suitable low POP content for all POPs that are mentioned in the Stockholm Convention. However, we do have some data on PCBs and dioxins that can be helpful.

PCBs

Current situation in Flemish legislation

a) Liquids (such as hydraulic oils, insulating or heat transmission oils) that contain more than 50 ppm PCBs10 are regarded as PCB-liquids according to current legislation in the Flemish Region. This is in accordance with the European Directive 96/59/EC. These liquids are destroyed by incineration.

b) Equipment that contains PCB-liquids (these are liquids with a PCB concentration above 50 ppm), for example transformers and capacitors, or that has contained them and has not been decontaminated is regarded as PCB-containing equipment. There is a PCB-plan that foresees in the gradual phasing out of all PCB-containing equipment. The PCB liquids are removed from the equipment and the equipment is decontaminated. “Decontaminated” means that the equipment is cleaned so that it can be re-used, recycled or disposed of. It wouldn’t make much sense to set a low POP content for PCB-containing equipment. The PCB-liquids have to be separated from the equipment first and then incinerated, whatever is the concentration of the liquid in the equipment.

c) Waste equipment that contains PCB-containing parts (such as vehicle components) has to be dismantled in such a way that the PCB-containing parts are separated from the equipment and treated as PCB-waste according to (b) or (d). Again, it would’t make any sense to set PCB concentration limits for the waste equipment as a whole.

d) For solid wastes that contain or are contaminated with PCBs in a non liquid state (for instance construction and demolition wastes such as sealants, resin-based floorings, sealed glazing units) we use the concentration limit of 50 ppm to decide whether they have to be treated as “PCB-wastes”. In this case PCB’s have to go through a destruction process.

e) As far as recovery is concerned, we allow waste oils and dried sludge coming out of waste water treatment installations to be recovered as a secondary fuel when the PCB concentration is below 1 ppm. During these recovery operations PCB’s are destroyed. Building and demolition wastes that have a concentration of less than 0,5 ppm PCBs can be recovered as a secondary building material. Excavated soils can be re-used as soil as long as the PCB concentration is below 0,002 or 0,004 ppm depending on their application.

Proposal for a low PCB content

We propose to differentiate between liquid wastes, waste equipment and solid wastes.

- For liquid wastes, such as oils, we propose a low PCB content of 1 ppm; - For waste equipment containing these oils we propose not to establish a low PCB content for the

equipment as a whole, but to establish the following rules: If the oils have a PCB concentration of more than 1 ppm, the oils shall be separated from the

equipment and destroyed. If the oils have a PCB concentration of more than 50 ppm, the oils shall be separated from the

equipment and destroyed; the equipment shall be decontaminated.- For solid wastes in which PCBs are present in a non liquid state we propose a low PCB content of 50

ppm.

10 PCB’s are defined as polychlorinated biphenyls, polychlorinated terphenyls, monomethyl-tetrachlorodiphenyl methane, monomethyl-dichloro-diphenyl methane, monomethyl-

dibromo-diphenyl methane and any mixture of them

44 January 18, 2004


- For waste equipment containing PCB-containing parts that can be separated we propose not to establish a low PCB content for the equipment as a whole, but to establish the rule that this equipment is first dismantled in such a way that the PCB containing parts are isolated and then treated according to one of the above procedures.

Dioxins

Current situation

Dioxins are found in several waste streams. Table 1 shows some typical waste streams.

Table 1 - Typical values for dioxin concentrations in different waste streams

Sector Waste stream Typical value (ppm)

Ferrous metallurgy Slags 1 – 2 x 10-7

Spent linings and refractories 5 x 10-6

Non ferrous metallurgy Slags 2 x 10-5

Spent linings and refractories 1 x 10-5

Sludge 0,0002

Waste incinerators Bottom ash 0,00001 – 0,001

Fly ash (new installations) 0,0002 - 0,001

Fly ash (older installations) 0,005 – 0,042

Filter cake 0,002 – 0,004

Large combustion plants Filter cake 10-6 – 10-5

Vinylchloride production Catalysts, filter cake, active carbon…

0,0003 – 0,006

The highest dioxin concentrations are found in fly ash of waste incinerators. These are disposed of in landfills for stabilized non reactive hazardous waste.

Some waste streams (with dioxin concentrations in the range of 10-4 - 10-7 ppm) are recovered as building materials.

Proposal for a low dioxin content

We believe that the low POP content for dioxins should not be higher than 0,05 ppm. Higher concentrations can be destroyed in a waste incinerator. Table 2 shows that the toxicity of dioxins is a lot higher than that of PCBs (a factor 1 to 10.000 higher), which is another reason not go any higher than 0,05 ppm if we would accept a low POP content in the range of 1 to 50 ppm for PCBs.

Table 2 - WHO TEF-values as established during the WHO-meeting in Stockholm, 15 – 18 June 1997

Congener TEF-value

Dibenzo-p-dioxines2,3,7,8-TCDD1,2,3,7,8-PnCDD1,2,3,4,7,8-HxCDD1,2,3,6,7,8-HxCDD1,2,3,7,8,9-HxCDD

110.10.10.1

45 January 18, 2004


1,2,3,4,6,7,8-HpCDDOCDD

0.010.0001

Dibenzofuranes2,3,7,8-TCDF1,2,3,7,8-PnCDF2,3,4,7,8-PnCDF1,2,3,4,7,8-HxCDF1,2,3,6,7,8-HxCDF1,2,3,7,8,9-HxCDF2,3,4,6,7,8-HxCDF1,2,3,4,6,7,8-HpCDF1,2,3,4,7,8,9-HpCDFOCDF

0.10.050.50.10.10.10.10.010.010.0001

Non-ortho PCBsPCB 77PCB 81PCB 126PCB 169

0.00010.00010.10.01

Mono-ortho PCBsPCB 105PCB 114PCB 118PCB 123PCB 156PCB 157PCB 167PCB 189

0.00010.00050.00010.00010.00050.00050.000010.0001

Germany

Definitions of low POP contentThe following for provisional definitions of low POP content are suggested:

50 mg/kg (ppm) for all POPs (except dioxins/furans). This value has been taken from Art. 9 of the EU-PCB-Directive 96/59/EG; it is valid for PCBs (this value is also contained in the German Ordinance on PCB wastes (PCBAbfallV) and section 13 of the Annex of the German Ordinance on the prohibition of chemicals (ChemVerbotsV). This value seems to be a pragmatic compromise on the basis of precautionary and feasibility considerations11. 50 g TE/kg (ppb) for dioxins/furans. This value is based on expert judgement. It is a first preliminary value for the discussion.Existing limit values are related to sewage sludge, soil protection and food (maximum residue levels). Each limit value is based on a different philosophy taking into account specific exposure assumptions, safety factors and effect data.

For example, the limit values for sewage sludge are 0.2 mg/kg dry mass for PCB and 0.1 g TE/kg for dioxins/furans (German Ordinance on Sewage Sludge) derived from a maximum sludge application rate of 10,000 kg dry mass per ha within 3 years on arable soils.

11 Independent of this suggestion, the PCB content in wastes destined for material recovery should be much lower than 50 mg/kg. For example, the limit value for wood waste destined for material recovery in the German

Waste Wood Ordinance is 5 mg/kg (cf. www.bmu.de).

46 January 18, 2004

http://www.bmu.de/


Pursuant to the German Ordinance on soil protection, there are values depending on the use above which measures have to be taken. Examples for dioxins/furans: for playgrounds for children, this value is 100 ng/kg dry mass PCDD/PCDF toxicity equivalents; for industrial areas, this value is 10,000 ng/kg dry mass PCDD/PCDF toxicity equivalents. Pursuant to this Ordinance, there are also values depending on the use above which an examination has to be carried out. Such values exist for PCB, HCB and DDT. Examples: for playgrounds for children, the values are 0.4 mg/kg for PCB, 4 mg/kg for HCB and 40 mg/kg for DDT; for industrial areas the values are 40 mg/kg for PCB and 200 mg/kg for HCB. These values are based on an estimation of the transfer of these chemicals into plants which are used for food production and on the uptake of soil by children while playing respectively.

Pursuant to this Ordinance, there are also values above which precautionary measures are triggered. Limit values exist for PCB: 0.1 mg/kg for a organic matter content above 8 % and 0.05 mg/kg for a organic matter content below 8 %.

With respect to food, maximum residue levels are contained in the “Guidance document on Residue Analytical Methods” of the European Commission which is available at http://europa.eu.int/comm/food/fs/ph_ps/pro/wrkdoc/index_en.htm. This guidance document relates to EU Directive 91/414/EEC.

GreenpeaceAs per Table 2 of Annex IV of UNEP/CHW/OEWG/2/12

POP mg/kg

PCB 10

Dioxins and furans* 0.001

DDT 0.087

Aldrin 0.066

Chlordane 0.26

Dieldrin 0.13

Endrin 0.13

HCB 10

Heptachlor 0.066

Mirex 0.13

Toxaphene 2.6

* in mg TEQ/kg

JapanPlease find the attached information regarding “low POPs content in the Technical Guidelines on the Environmentally Sound Management of Persistent Organic Pollutants as Wastes.” Japanese standards for Dioxins and PCB under the Waste Management and Public Cleansing Law (Japanese domestic law for waste management).

Dioxins PCB

Low content* 1) Dust and cinders ≤ 3ng-TEQ/g

2) Sludge ≤ 3ng-TEQ/g

1) Waste oil ≤ 0.5 mg/kg

2) Waste acid/alkali ≤ 0.03mg/L

47 January 18, 2004

http://europa.eu.int/comm/food/fs/ph_ps/pro/wrkdoc/index_en.htm


3) Waste acid and waste alkali ≤ 100pg-TEQ/L

3) Waste plastics, metal, ceramics

no adhesion/permeation of PCB

[Test method]

≤ 0.5 mg/kg solvent (analysis of waste solvent from solvent washing process)

≤ 0.5 g/100 cm2 (Wiping test)

≤ 0.01 mg/kg (Parts extraction test)

4) Others ≤ 0.003 mg/L leachate

* Wastes that meet these standards are not considered as POPs wastes.

Other participantsAs per Table 2 of Annex IV of UNEP/CHW/OEWG/2/12

Dioxins and furans 0.01 mg TEQ/kg

48 January 18, 2004


Appendix 3: Environmentally sound methods of destruction or irreversible transformation suggested by Germany and JapanGermanyDestruction and irreversible transformation methods

The following disposal operations pursuant to Annex IVA and IVB of the Basel Convention should be permitted for the purpose of destruction and irreversible transformation of the POP content in wastes:

a) The following operations for the destruction or irreversible transformation of the POP content should be permitted:

D2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)

D8 Biological treatment,

D9 Physico-chemical treatment,

D10 Incineration on land, and

R1 Use as a fuel (other than in direct incineration) or other means to generate energy.

b) The following pre-treatment operations prior to an operation pursuant to a) above should be permitted:

R2 Solvent reclamation/regeneration,

R3 Recycling/reclamation of organic substances which are not used as solvents,

R4 Recycling/reclamation of metals and metal compounds,

R5 Recycling/reclamation of other inorganic materials,

R8 Recovery of components from catalysts,

R9 Oil re-refining or other re-uses of previously used oil, and

R12 Exchange of wastes for submission to any of the operations above.

c) In addition, the following operations prior to an operation pursuant to a) above should be permitted:

D15 Storage pending any of the D operations included in a) above and

R13 Accumulation of material intended for any of the R operations included in a) or b) above.

Rationale: The operations listed under a) are suitable in principle to destroy or irreversibly transform POPs; it is noted that D9, D10 and R1 are playing a dominant role. In addition certain pre-treatment operations are necessary in certain cases. Furthermore the storage of wastes is sometimes necessary to accumulate small amounts of wastes before treatment. Through the list of permitted operations a number of undesired operations like incineration at sea can be excluded.

With regard to technologies which are currently commercially available and are environmentally sound, comments may be made at a later stage.

Japan

Dioxins PCB

Waste Type 1) Dust and cinders from waste incineration facilities

1) Parts using PCB contained in the following items

49 January 18, 2004


2) Sludge from specific facilities

3) Waste acid from specific facilities

4) Waste alkali from specific facilities

- Discarded air conditioner

- Discarded television receivers

- Discarded microwave ovens

2) Waste PCB

3) Waste oil containing PCB

4) PCB contaminated waste (paper, wood, fibers, plastics, metal ceramics)

5) Residue and PCB contaminants after treatment for PCB removal

6) Sludge from specific facilities

7) Waste acid from specific facilities

8) Waste alkali from specific facilities

Disposal Method Destruction method:

1) Vitrification

2) Thermal decomposition

3) Others (Not specified)

Other method:

4) Filling in controlled type landfill after cement solidification (for dust from household waste)

5) Filling in specially controlled type landfill

Destruction method:

1) Incineration ≥ 1100 C

2) Dechlorination

3) Oxidation by super critical water/quasi super critical water

4) Reducing thermochemical destruction

5) Photolysis

6) Plasma Arc Process

For removing adhered PCB

7) Solvent washing

8) Desorption

Other method:

9) Filling in specially controlled type landfill

50 January 18, 2004


Appendix 4: Quality Assurance and Quality ControlQuality assurance and quality control or QA/QC must be considered and implemented when sampling, monitoring and analysing. Quality control is the set of measures taken to ensure that sampling, monitoring and analytical methods are of high enough quality to meet the objectives of the project, while quality control is a set of rules or measures that must be followed during sampling, monitoring, analysis and data management with the aim of ensuring that the samples and analysis are not compromised by cross-contamination, contaminant losses, interference or inaccurate results.

Different levels of QA/QC are required for different types of environmental work. Before a project or programme begins, a set of data quality objectives (DQO) should be set. If the DQO are very high, then a very high priority should be given to QA/QC measures. A general classification of the different levels of DQO by project type follows:

Superior. The highest and most complete level of QA/QC. All efforts are made to ensure the reliability and accuracy of the data. This level is used for regulatory sampling and analysis by government enforcement personnel or industry when self-assessment is required by law, or by researchers when results are critically important for health, environmental or economic purposes.

Good. All efforts are made to produce quality data; however, statistical methods and “short-cuts” may be used to save money. A project using this level of QA/QC should produce data that is useful and open to all scrutiny. Any discrepancies in data should be explainable based on the total QA/QC results. This is the normal level of QA/QC used in scientific and research work, in auditing or verifying the performance of a process or technology, in proving a hypothesis, in monitoring contamination that is suspected of moving off-site (i.e., in groundwater), delineating the extent of contamination when large volumes of material are suspected, and in re-checking work that was conducted at a lower level of QA/QC and for which doubts exist about the data.

Medium. This level of QA/QC provides a check against data quality, but the results may not be easily interpreted in some cases. There should be enough information to check the sampling (field) and analytical methods. However there usually is not enough information to determine why QA/QC sample results differ from expected results if this is the case. This is the level commonly used for site assessment work (Phase I and II), for routine site monitoring, for process monitoring and for any other work for which a high degree of quality is not essential.

Low. This level of data quality provides the minimum amount of QA/QC (but is different from no QA/QC). Generally, at this level no extra samples are taken in the field for QA/QC purposes although the laboratory undertakes its normal minimum QA/QC checks. This level may be used when only one or a few samples are being collected, when the objective of the work is to obtain an overview of a situation (e.g., samples taken as part of a Phase I assessment), or when field monitoring equipment is used.

The typical elements of a (high DQO) QA/QC plan are:

Data Quality Objectives

Choosing the Analytical Laboratory

Planning the Sampling programme

Field Sampling Schemes

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Field Sampling Methods

Statistical Considerations

Sample QA/QC Requirements

Field Sampling Methods and Equipment

Sample Supplies

Field Sampling Equipment

Field Portable Monitoring Devices

Decontamination of Equipment

Quality of Sample Containers

Sample Preservation And Storage

Sample Handling

Chemical Preservatives

Temperature Control

Holding Time

Preservation and Storage of Biological Samples

Preservation and Storage of Bioassay Samples

Labelling

Field Records

Field Maps (Marking Sample Locations)

Field Quality Control Samples

Field Blanks

Trip Blanks

Equipment Blanks

Material Blanks

Background Samples

Control Samples

Field Spike Samples

Field Duplicates (Replicates)

Field Split Samples

Analytical QA/QC Requirements

Specific Procedures and Practices

Sample Receipt

Analytical Methods

Calibration Procedures

Laboratory Hygiene and Atmosphere Control52 January 18, 2004


Staff Training and Supervision

Documentation and Records

Data Preparation and Verification

Data Storage

The QA/QC Database

Analyst Record Keeping

External Quality Control Checks

Accreditation or Certification

Use of External Laboratories for Duplicate Analysis

Participation in “Round-Robins” With Other Laboratories

Internal Quality Control Checks

Duplicates

Reference Materials

Spikes

Surrogates

Blanks

Zero and Span Gases

Data Interpretation and Reporting

Assessing the QA/QC Data

Field Data

Laboratory Data

Re-checking Data

Reporting

Laboratory QA/QC Results

Field QA/QC Results

171. It can be seen from the above list that QA/QC considerations are a major undertaking. However attention to the QA/QC plan will pay off in better quality results, less loss of data and time due to error, and improved standardization of results between laboratories.

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Appendix 5: Basic Principles of Safe Storage of POPs WasteSome basic principles of safe storage of POPs waste are as follows:

Storage sites inside multi-purpose buildings should be in a locked dedicated room or partition that is not in an area of high use.

Outdoor dedicated storage buildings or containers (often shipping containers are used) should be stored inside a lockable fenced enclosure.

Separate storage areas, rooms or buildings should be used for each type of POPs waste, unless specific approval has been given for joint storage.

Storage rooms, buildings and containers should be ventilated to the outside air or should be completely sealed to prevent any escape of volatile contaminants These are distinctly different options, and the choice of option depends on local and national law and policy, local health and safety policy and concerns and site-specific variables.

Ventilating a site to the outside air is considered when exposure to vapours for those who work in the site is a concern. Adequate ventilation ensures that the air inside the site is breathable, non-explosive, and has contaminant concentrations below applicable human health exposure limits. If mechanical exhaust ventilation to the outside air is used, an organic vapour capture system (e.g., activated carbon) should be considered to minimize the release of contaminants to the environment.

Completely sealing a site so that no vapours can escape to outside air is considered when environmental concerns are paramount, and there is minimal entry into the site by humans. If a site is sealed with no ventilation, then all persons entering the site must wear respiratory protection at all times and may need to use supplied air. In a sealed site, the oxygen level, contaminant level and explosive atmosphere must be determined before each entry. An entry system may need to be installed that prevents the escape of inside air when the site is accessed. An internal air treatment system may be used to reduce the build-up of contaminant and explosive vapours.

Dedicated buildings or containers should be in good condition and made of hard plastic or metal, not wood, fibreboard, drywall, plaster or insulation.

The roof of dedicated buildings or containers and surrounding land should be sloped so as to provide drainage away from the site.

Dedicated buildings or containers should be set on asphalt, concrete or durable (e.g., 6 mil) plastic sheeting.

The floors of storage sites inside buildings should be concrete or durable (e.g., 6 mil) plastic sheeting. Concrete should be coated with a durable epoxy.

Storage sites should have a fire alarm system.

Storage sites inside buildings should have a fire suppression system; preferably a non-water system. If the fire suppressant is water, then the floor of the storage room should be curbed and the floor drainage system should not lead to the sewer or storm-sewer or directly to surface water but should have its own collection system, such as a sump.

Liquid wastes should be placed in containment trays or a curbed, leak-proof area. The liquid containment volume should be at least 125% of the liquid waste volume, taking into account the space taken up by stored items in the containment area. The curbing or sides of the containment must be high enough, or the wastes kept back from the edge of the curbing

54 January 18, 2004


sufficiently far that a leak in any drum or container would not “jet” over the edge of the curb or side.

Contaminated solids, such as lamp ballasts, small capacitors, other small equipment, contaminated debris, contaminated clothing and spill cleanup material and contaminated soil, should be stored in containers such as barrels or pails, steel waste containers (lugger boxes) or in specially constructed trays or containers. Large volumes of soil or other contaminated material may be stored in bulk in dedicated shipping containers, buildings or vaults, so long as they meet the safety and security requirements as described herein.

A complete inventory of the POPs wastes in the storage site should be created and kept up to date as waste is added or disposed. A copy of the inventory should be kept at the site, another copy in the corporate offices and a copy filed with the emergency response plan.

The outside of the storage site should be labeled as a POPs waste storage site. Specific labeling requirements vary by jurisdiction but the intent is to notify anyone approaching the site of the contents of the site.

The site should be subjected to routine inspection for leaks, degradation of container materials, vandalism, integrity of fire alarms and fire suppression systems and general status of the site.

Draining of equipment or drums should only be performed by a qualified and experienced individual or company.

All wastes created by transferring POPs wastes or by cleaning up spills or drips become wastes that must be stored for destruction or disposal.

POPs wastes should not be diluted to avoid a certain type of destruction or disposal, unless the resulting diluted material is to be destroyed, such that the same quantity of the POPs are destroyed as would have been destroyed using the more advanced or expensive technique.

Wastes should be stored in a safe manner. Drums or pallets should not be stacked more than two high and only if this can be done safely (i.e., the drums are stackable).

The site should have an emergency response plan and a copy of this should be reviewed and kept on file by the local fire protection agency.

The site should have a health and safety plan if POPs are not dealt with in the master health and safety plan for the property, company or agency.

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Appendix 6: Relevant documents and guidelines/references

Disposal and Environmentally sound management

Food and Agricultural Organization (FAO)FAO. 2000. Assessing soil contamination: a reference manual. No. 8.

(www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1999. Obsolete pesticides: problems, prevention and disposal. (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1999. Guidelines for the management of small quantities of unwanted and obsolete pesticides. No. 7. (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1998. Prevention and disposal of obsolete and unwanted pesticide stocks in Africa and the Near East. Third FAO consultation meeting. No. 6. (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1997. Prevention and disposal of obsolete and unwanted pesticide stocks in Africa and the Near East. Second FAO consultation meeting. No. 5 (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1996. Pesticide storage and stock control manual. No. 3. (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1996. Disposal of bulk quantities of obsolete pesticide in developing countries. Provisional technical guidelines. No. 4. (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1995. Prevention of accumulation of obsolete pesticide stocks. Provisional guidelines. No. 2. (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

FAO. 1995. Prevention and disposal of obsolete and unwanted pesticide stocks in Africa and the Near East. The first FAO consultation meeting. No. 1. (www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm)

Intergovernmental Forum on Chemical Safety (IFCS)IFCS. 2001. Framework for the Management of PCBs.

(http://www.who.int/ifcs/Documents/FSC/Docs_fIII-IV_WP/pcb_framework.pdf).

Inter-Organization Programme for the Sound Management of Chemicals (IOMC)

IOMC. 2002. Reducing and Eliminating the use of Persistent Organic Pesticides: Guidance on alternative strategies for sustainable pest and vector management. (www.chem.unep.ch/pops/pdf/redelipops/redelipops.pdf)

International Labour Organization (ILO)ILO. 1999. Basics of Chemical Safety.

(http://www.ilo.org/public/english/protection/safework/cis/products/safetytm /toc.htm)

56 January 18, 2004

http://www.who.int/ifcs/Documents/FSC/Docs_fIII-IV_WP/pcb_framework.pdf

http://www.fao.org/ag/AGP/AGPP/Pesticid/Disposal/index_en.htm


ILO. 1999. Safety in the use of chemicals at work: Code of Practice (www.ilo.org/public/english/protection/safework/cis/oshworld/chemcode/index.htm)

ILO. ND. International Chemical Safety Cards (http://www.ilo.org/public/english/protection/safework/cis/products/icsc/index.htm)

Organization for Economic Cooperation and Development (OECD)OECD. 2003. Guiding Principles for Chemical Accident Prevention, Preparedness and Response. Second

Edition. OECD Environment, Health and Safety Publications. Series on Chemical Accidents, No. 10. http://www.oecd.org/pdf/M00042000/M00042372.pdf.

OECD. 2003. Core Performance Elements of the Guidelines for Environmentally Sound Management of Wastes. ENV/EPOC/WGWPR(2001)4/REV3. (http://www.olis.oecd.org/olis/2001doc.nsf/c5ce8ffa41835d64c125685d005300b0/ fccc0fe5e7be75c3c1256d12003e0022/$FILE/JT00143262.PDF)

OECD. 2001. Harmonised Integrated Classification System for Human Health and Environmental Hazards of Chemical Substances and Mixtures. (http://www.oecd.org/document/53/0,2340,en_2649_34371_2675061_1_1_1_1,00.html)

OECD. ND. Good Laboratory Practice, Publications & Documents. (http://www.oecd.org/findDocument/0,2350,en_2649_34381_1_1_1_1_1,00.html).

United Nations Economic and Social Council (UNESC)UNESC. 2003. Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

(http://www.unece.org/trans/danger/publi/ghs/officialtext.html)

UNESC. 2003. UN Recommendations on the Transport of Dangerous Goods: Model Regulations. Published by the Committee of Experts on the Transport of Dangerous Goods. (www.unece.org/trans/danger/publi/unrec/rev13/13nature_e.html)

United Nations Environmental programme (UNEP)UNEP. 2003. Standardized Toolkit for the Identification and Quantification of PCDDs and PCDFs

(www.pops.int/documents/guidance/Toolkit_2003.pdf).

UNEP. 2003. Preparation of a National Environmentally Sound Management Plan for PCBs and PCB-contaminated Equipment in the Context of the Implementation of the Basel Convention (www.basel.int/pub/pcbManualE.pdf).

UNEP. 2002. PCB Transformers and Capacitors - From Management to Reclassification and Disposal (www.chem.unep.ch/pops/pdf/PCBtranscap.pdf).

UNEP. 2002. Basel Convention Technical Guidelines on Incineration on Land (www.basel.int/meetings/sbc/workdoc/old%20docs/tech-d10.pdf).

UNEP. 2002. Basel Convention Technical Guidelines on Specially Engineered Landfill (www.basel.int/meetings/sbc/workdoc/old%20docs/tech-d10.pdf).

UNEP. 2001. Destruction and Decontamination Technologies for PCBs and Other POPs Wastes (www.basel.int/meetings/sbc/workdoc/techdocs.html).

UNEP. 2000. Finding Alternatives to Persistent Organic Pollutants (POPs) for Termite Control. (www.chem.unep.ch/pops/termites/termite_fulldocument.pdf)

57 January 18, 2004

http://www.oecd.org/findDocument/0,2350,en_2649_34381_1_1_1_1_1,00.html

http://www.olis.oecd.org/olis/2001doc.nsf/c5ce8ffa41835d64c125685d005300b0/

http://www.oecd.org/pdf/M00042000/M00042372.pdf


UNEP. 2000. Methodological Guide for the Undertaking of National Inventories of Hazardous Wastes Within the Framework of the Basel Convention (www.basel.int/pub/metologicalguidee.pdf).

UNEP. 2000. Survey of Currently Available Non-Incineration PCB Destruction Technologies (www.chem.unep.ch/pops/pdf/surveypcb/PCBdesteng.pdf)

UNEP. 1999. Technical Guidelines on Hazardous Wastes: Physicochemical Treatment and Biological Treatment

(www.basel.int/meetings/cop/cop5/predocs/eng/99-007e.htm).

UNEP. 1999. Guidelines for the Identification of PCBs and Materials Containing PCBs (www.chem.unep.ch/pops/pdf/PCBident/pcbid1.pdf).

UNEP. 1998. Inventory of World-Wide PCB Destruction Capacity (www.chem.unep.ch/pops/pdf/pcbrpt.pdf).

UNEP. 1993. Storage of Hazardous Materials: A Technical Guide for Safe Warehousing of Hazardous Materials (www.uneptie.org/pc/apell/publications/pdf_files/STORAGE_OF_HAZARDOUS_MATERIALS/Unep2.pdf).

POPs properties: toxicity, persistence and bioaccumulation

The Merck Index Online. Version of the monographs in the printed 13th Edition of The Merck Index (a U.S. publication, Whitehouse Station, N.J., USA), an internationally recognized, one-volume encyclopedia of chemicals, drugs, and biologicals. http://library.dialog.com/bluesheets/html/bl0304.html

http://library.dialog.com/bluesheets/html/bl0304.html

New Jersey Department of Health and Senior Services. Right to Know programme. Hazardous Substance Fact Sheets.

(www.state.nj.us/health/eoh/rtkweb/rtkhsfs.htm)

OECD. Exichem.

http://webdomino1.oecd.org/ehs/exichem.nsf

UNEP. 2003. Global programmeme of Action for the Protection of the Marine Environment from Land-based Activities . GPA Clearinghouse Mechanism. POPs Chemicals. Includes links to the Hazardous Substances Data Bank (Toxnet); Vermont Safety Information Resources, Inc., European Union and US national International Chemical Safety Cards; U.S. Agency for Toxic Substances and Disease Registry (ATSDR); summary of IARC information for POPs.

(http://pops.gpa.unep.org/01what.htm

US EPA, Office of Research and Development. 2002. The Foundation for Global Action on Persistent Organic Pollutants: A United States Perspective. EPA/600/P-01/003F, NCEA-I-1200. Washington, D.C.

(www.epa.gov/ncea/pdfs/pops/POPsa.pdf)

World Health Organization. International Agency for Research on Cancer (IARC).

(http: http://www.who.int/en/; http://www.iarc.fr/)

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http://www.iarc.fr/

http://www.who.int/en/

http://pops.gpa.unep.org/01what.htm

http://www.state.nj.us/health/eoh/rtkweb/rtkhsfs.htm

http://library.dialog.com/bluesheets/html/bl0304.html


WHO/FAO Pesticide Data Sheets.

(http://www.who.int/pcs/pubs/pub_pds.html)

Public participation

Australia, Department of Environmental Health. A Case Study of Problem Solving Through Effective Community Consultation.

(http://www.deh.gov/au/industry/chemicals/scheduled-waste/commuinty-consultation.html)

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http://www.deh.gov/au/industry/chemicals/scheduled-waste/commuinty-consultation.html


Appendix 7: Destruction methods that are currently operating on a pilot or test basis

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