United States             Solid Waste and
                      Environmental Protection      Emergency Response           EPA530-F-94-011
                      Agency                (5305)                    March 1994

                      Office of Solid Waste
SEPA         Environmental
                      Fact  Sheet
                      Principles for Basel Convention Aim
                      To Prevent Pollution, Reduce Risk,
                      And  Promote Recycling

                       As part of U. S. efforts to address global issues on exporting and
                      importing hazardous waste, the Environmental Protection Agency
                      (EPA) is asking Congress to ban the export of nearly all such wastes
                      beyond North American borders. Along with key departments of the
                      Administration, the Agency has issued recommendations for
                      implementing the "Basel Convention." By emphasizing the principles
                      of waste minimization, the Administration's standards aim to make
                      the U.S. even more self-sufficient in the management and disposal
                      of its wastes.

        Background
          The Basel Convention is the first major international agreement on
        exports and imports of hazardous wastes, municipal wastes, and
        municipal incinerator ash (known as covered wastes). The
        Convention's goals are to reduce the generation and the transboundary
        movements of covered wastes, and to establish environmentally sound
        management techniques for any transboundary movements that may
        occur.

          The Basel Convention becomes effective in a country (known in the
        Convention as party) when it is ratified by the country. Currently, over
        60 countries are parties to the Convention, including all of the U.S.'
        major trading partners (a list of participating countries is attached).
        Before the U.S. can ratify the Convention and become a party,
        Congressional committees must agree on legislation that gives EPA
        additional authority to implement the Convention's terms; Congress
        must pass the legislation; and the President must sign it. The
        Administration, particularly EPA, aims to work closely with Congress to
        obtain legislation that controls the shipment of U.S. hazardous wastes
        to other countries.

        Action
          The Administration transmitted to key Congressional committees,
        its principles for implementing the Basel Convention on the Control of
        Transboundary Movements of Hazardous Wastes and Their Disposal.
        With exceptions in very limited circumstances, the Agency proposes to

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ban the export of covered wastes outside of North America. A five-year
grace period will be provided to members of the Organization for
Economic Cooperation and Development (OECD) that receive waste for
recycling. Major Administration principles for Basel legislation include:
   •  A ban on exports of hazardous waste, municipal waste, and
      municipal incinerator ash beyond North America, with
      exceptions in very limited circumstances.
   •  A ban on exports of covered wastes to any country prohibiting
      their importation.

   •  A ban on imports and exports of covered wastes to facilities
      where the U.S. government has reason to believe they will not be
      managed in an environmentally sound manner.
   •  Strong enforcement authorities that allow:
      — the return of any covered waste to the U.S., which might have
         been illegally exported or mismanaged;
      — the prosecution of those who may have violated U.S. waste
         export/import law; and
      — the recovery of any costs associated with these enforcement
         actions.
   In addition, the legislative principles aim to foster appropriate
recycling of low hazard materials that trade like commodities, and are
needed as raw materials. Many U.S. recycling programs depend on
export markets to provide capacity for materials such as scrap paper,
glas~. textiles, and scrap metals. Transboundary movements of these
materials are not limited under this proposal.

Existing International Agreements
   The U.S. has two bilateral agreements for transboundary
movements of hazardous wastes: one with Mexico and one with
Canada, which are both parties to the Basel Convention.  Because of
the U.S. knowledge of their programs and due to their proximity, the
U.S. recognizes that exports to Canada for treatment, disposal, and
recycling, and exports to Mexico for recycling, are environmentally
sound.

   In addition, the U.S. also has a multilateral agreement with OECD
members on movements for recycling within the OECD. The
Administration's principles summarized above would allow for
continued trade of covered wastes under the Canadian and Mexican
agreements. Trade of covered wastes could continue under ~e OECD
agreement for five years after legislation is passed.

Conclusion
   These principles represent another step toward stronger U.S.
management of its hazardous and solid wastes. They assure that U.S.
environmental problems will not be transferred to other countries by

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providing EPA with the future authority to halt the export of U.S. toxic
waste to developing countries. In 1992, 5,500 tons of such waste was
exported from the United States to 29 developing nations.

For More Information
   For additional information or to order a copy of the Federal Register
notice, contact the RCRA Hotline, Monday-Friday, 8:30 a.m. to 7:30 p.m.
EST. The national, toll-free number is (800) 424-9346; TOD (800) 553-
7672 (hearing impaired): in Washington, D.C., the number is (703) 920-
9810, TDD (703) 486-3323.
   Copies of documents relevant to this action may be obtained by writing:
RCRA Information Center (RIC), U.S. Environmental Protection Agency,
Office of Solid Waste (OS-305), 401 M Street SW, Washington, D.C. 20460.

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         Parties to the Basel Convention
                   As Of 2/22/94
Antigua & Barbuda
    Argentina
    Australia
     Austria
    Bahamas
     Bahrain
   Bangladesh
      Brazil
     Canada
      Chile
      China
     Cyprus
  Czech Republic
    Denmark
      Egypt
   El Salvador
    Ecuador
     Estonia
 European Union
     Finland
     France
    Hungary
      India
    Indonesia
      Iran
     Ireland
      Italy
     Japan
     Jordan
     Kuwait:
       Latvia
    Liechtenstein
    Luxembourg
      Malaysia
      Maldives
      Mauritius
       Mexico
      Monaco
    Netherlands
       Nigeria
      Norway
      Panama
     Philippines
       Poland
      Portugal
      Romania
    Suadi Arabia
      Senegal
     Seychelles
      Slovakia
      Slovenia
       Spain
     Sri Lanka
      Sweden
    Switzerland
       Syria
     Tanzania
United Arab Emirates
  United Kingdom
      Uruguay

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