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Unit 4 Hazardous Substances: Wastes, Chemicals and Pesticides

Objectives
After completion of this unit, the students will be aware of the following topics:

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Objectives and Scope of the Basel Convention Regulation of Transboundary Movements of Hazardous and Other Wastes Recent Developments Enforcement and Compliance by India

Introduction
In the last few decades, the fast growth of industry and consumption rate of natural resources is conducting to commotions in the system of ecology. Spotting of traces of toxic chemicals in drinking water system, oxygenated drinks, groundwater sources, polar ice caps, and in food and vegetables has focused the care of the public universal on the dangers posed by the incompatible disposal of risky accidental and waste and release of toxic chemical substance into the surroundings. The cause for alarm is not only the developing rate at which natural resources are being depleted, but also the developing number of wastes and more so the change in the composition of the wastes. With processes of industries becoming more complex, the wastes the firm is spewing out are becoming more hazardous, toxic, and dangerous. The disposal of waste per se in an environmentally sound way is an issue; history proves to the reality that wrong garbage disposal of even comparatively more riskless waste can lead to environmental degradation. The classic instances of environmental disaster due to hazardous wastes are episodes like those in Minamata Bay, Japan, where 400 individuals died and approximately 2,000 individuals suffered disabling neurological diseases after having fish poisoned by

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mercury wastes discharged into the sea and also the case of leaks from chemical dumps, like those in Love Canal in the United States and Lekkerkerk in the Netherlands, making the land unsuitable for human habitation. In India, also due to discharge of H chemical by a firm in Bichhiri village, the water became contaminated and a lot of individuals were affected. The main issue was due to indiscriminate disposal of hazardous wastes. The highly-developed nations, which are the major waste manufacturers, detected it to be identical valuable to handle such waste are not ready to take the burden of safe disposal of such wastes within their borderlines. This led to the Transboundary movement of hazardous wastes which is invariably from developed to developing and least developed nations. This ensued in several ill-famed happenings which occurred in the mid-1980s involving the unlawful dumping in developing nations of hazardous wastes produced in developed nations. Thus, a need was felt to have an international law regulating such Transboundary movement of hazardous wastes. This set the stage for the Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, 1989 (Basel Convention), which is proposed to lay down a global regime for the control of international trade in hazardous and other wastes. It was negotiated under the auspices of the United Nations Environmental Programme on the basis of texts produced by a working group which had drawn from the Cairo Guidelines and Principles for the Environmentally Sound Management of Hazardous Wastes in 1985. These were a set of non-adhering rules mainly designed to assist Governments in developing and executing national policies on hazardous wastes. They called for waste minimization, promotion of low-waste innovations and transfer of technology, prior notification to importing nations and also to nations probably to be affected by Transboundary pollution during waste disposal. In June 1987, the Cairo Guidelines were approved and adopted by the United Nations environmental programme governing council. The same year, the governing council asked the United Nations environmental programme to convene a working group on a global convention on Transboundary

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movement of hazardous wastes which was to draw primarily from the Cairo Guidelines. The Convention followed in 1989 and came into existence on 5 May 1992, lays down principles designed to regulate trade in these wastes rather than prohibit it. As of February 2004, 159 Nations have ratified the Convention. The Basel Convention gives a framework for the worldwide community to ascertain that the health and environmental problems linked with hazardous disposal and waste generation and can be reduced, modulated, and eventually eliminated. The Basel Convention must be understood in the larger perspective of international trade, protectionism and environmental protection, and. The objective of laying downing a regulatory mechanism is best articulated in the Preamble to the Convention which declares inter alia that the Parties to the Convention are determined to protect, by strict control, health of a human being and the environment against the adverse effects which may result from the generation and management of hazardous and other wastes. The Convention also apparently defines that the Parties to the Convention are convinced that the declares should take measures for the proper exchange of information on and control of the Transboundary movement of hazardous wastes and other wastes from and to those Provinces. The Basel Convention proceeds on the premise that each and every contracting party has the sovereign right to ban the entry or disposal of foreign hazardous wastes and other wastes in their district.

4.1 Objectives and Scope of the Basel Convention

The main aims of the Convention are to reduce the propagation of risky wastes in context with the amount and perilousness, to handle them as more or less the source of propagation as possible, and to minimise the movement of hazardous wastes. The range of the Convention is rather broad in the sense that the definition of Hazardous Wastes in the Convention includes poisonous, toxic, explosive, ecotoxic, corrosive, flammable, and infectious substances. Apart from taking into scope those wastes which are stated

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hazardous by domestic laws, it also includes asbestos, clinical wastes,, and PCB contaminated materials, etc. The other wastes admitted in the Convention are solid waste incinerator ash and household wastes and. All those wastes are barred from the range of the Convention which are radioactive or which derive from the normal procedure of a ship provided they are covered by any another international instrument. In the circumstance of the Convention, Transboundary movement requires the movement between 2 or more Provinces. It includes movement of hazardous waste from one state to another. Likewise, Environmentally Sound Management means taking all practical steps to reduce the generation of hazardous wastes and strictly controlling its storage, transport, treatment, reuse, recycling, recovery, and final disposal, the objective of which is to protect health of human being and the environment. The waste management sector is in a unique position to move from being a comparatively minor source of worldwide greenhouse gas (green house gases) emissions to becoming a major contributor to reducing green house gases emissions. However minor levels of emissions are released through waste treatment and disposal, the prevention and recovery of wastes (that is as secondary materials or energy) avoids emissions in other sectors of the economy. A holistic strategy to waste management has positive consequences for green house gases emissions from the energy, agriculture, transport, and manufacturing sectors. A recent report by the US EPA estimates that 42% of total green house gases emissions in the US are associated with the management of materials (US EPA 2009). A figure of international organizations include climate change and waste and openings in their performance of activities, recognizing the considerable climate benefit that could be achieved through improved management of wastes. United Nations environmental programme is clearly positioned to help catalyst enhanced action for climate change mitigation within the waste sector, collaborating with existing organizations to ascertain more effective delivery of initiatives across the globe. As the designated authority of

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the United Nations system in environmental issues, United Nations environmental programme has a key role to play in providing leadership and encouraging partnerships in the fields of waste management and climate change. United Nations environmental programme is already attempting various programmes and projects to help its member nations to achieve bettered waste management. These projects and programmes and include Integrated Solid Waste Management (ISWM) established on the 3R (reduce, recycle, and reuse) strategy, Sustainable Consumption and E-waste management, Production, changing over waste plastics and waste agriculture biomass and into useful energy and/or material resources, and management of hazardous waste. Integrated Solid Waste Management is a fundamental subject of the current issue, which intents to look at the climate benefit and impact and of the full scope of waste practices, from waste avoidance to disposal, and develop the framework for a cohesive international approach. united nations environmental programme is simultaneously proposing a Global Platform for Waste Management to help coherent bringing of international support for waste direction there would be authorise synergies between a Global Platform for Waste Management mechanism and an international approach for climate change and waste.

Figure 4.1: The waste hierarchy United Nations environmental programmes initiatives, admitting the current report, endeavour to align with the prioritisation of activities presented in the waste

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management hierarchy (see figure 4.1). As described by the International Solid Waste Association (ISWA 2009): ..the waste hierarchy is a valuable conceptual and political prioritisation tool which can assist in developing waste management strategies aimed at limiting resource consumption and protecting the environment. As a result, priority tends in order that re-use, waste minimisation, waste-to-energy,, recycling,, and finally landfill. This unit presents instances of the potential welfares of unlike waste management activities for climate change suspension, talks about the kinships between waste and climate change, and distinguishes specific affects of waste management on climate change. The aim of the paper is to describe the potential affects and benefits of different waste management organizations in terms of climate impact, deduced from information presented in the literature. Based on these determinations, a framework is intended for developing a United Nations environmental programme-led international approach targeting waste and climate change initiatives. There is a significant body of literature considering climate change and waste and. this concept does not propose to make a moreover technological contribution, or to make an rigorous judgment of all existing issues, but instead manifests the wide range of issues taken into consideration by united nations environmental programme in development of the framework approach. The purpose is not to derive conclusions regarding the climate performance of one waste management strategy against another sustainable solid waste management needs circumstance of a range of organizations and methods, appropriate to local conditions. Instead, the present report attempts to guide the approach framework towards allocation of fixed resources to priority actions, adjusted with both climate change mitigation and the waste hierarchy. Green house gases expellings and savings are credited to various levels of a waste management system. Figure 2 depicts a simplified schematic of a municipal waste management system with the prevailing climate affect sources. The general suite of activities separation

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collection,, treatment, disposal and transfer, applies to all waste types that is MSW, C&I, C&D, hazardous, with changing levels of mundanity, with the possible exclusion of agricultural waste. In many rural areas, agricultural waste is carried on with in place, through uncontrollable burning, burying, or simple land dumping. Obviously, not all generators of discharges are showed in the plot: there are moreover environmental loads linked with industry of waste vehicles, receptacles,, and treatment facilities, likewise as the transfer of residual waste materials from intermediate stations and treatment facilities to sanitary landfill.

Figure 4.2: Simplified Schematic of Waste Management System and GHG Emissions (Applicable To Urban Waste Management) Sources http://www.undp.org/content/dam/undp/library/corporate/fastfacts/english/FF-Waste-Management.pdf

4.2 Regulation of Transboundary Movements of Hazardous and Other Wastes

Since hazardous wastes pose possible menace to health of human being and the environment, one of the guiding rules of the Basel

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Convention is that, in order to reduce the danger, hazardous wastes should be dealt with as close to where they are produced as possible. Hence, under the Convention, transboundary movements of hazardous wastes or other wastes can take place only upon prior written notification by the state of export to the competent authorities of the Provinces of import and transit. Each shipment of hazardous waste or other waste must be accompanied by a movement document from the point at which a transboundary movement commences to the point of disposal. Hazardous waste shipments made without such documents are illegal. Furthermore, there are directly bans on the export of these wastes to certain nations. Transboundary causes can take place, although, if the state of export does not have the capability of managing or disposing of the hazardous waste in an environmentally sound manner. Even the transit Provinces can forbid transit passing and the exportation state must not permit transboundary movement to start until it has the written consent of the passage state as well. The Convention provides general notifications and consents to cover a twelve month period in which wastes having the same features are shipped regularly to the same disposer via the same exit office of the exporting state, entry office of the importing state, and customs office of the transit state. Importing Provinces and transit Provinces which are parties may need the wastes to be covered by insurance or other guarantee.

Basel Ban
In March 1994, the 2nd meeting of the Conference of Parties corresponded to a prompt ban on the export from OECD nations to non-OECD nations of hazardous wastes proposed for final disposal. They also agreed to ban, by 31 December 1997, the export of hazardous wastes proposed for recovery and recycling. As this decision was not incorporated in the text of the Convention itself, the question was whether it was legally binding or not. Hence, at COP3 in 1995, it was intended that the ban be formally incorporated in the Basel Convention as an amendment. But this decision of incorporating the ban formally into the Convention does not use the distinction of OECD/non-OECD nations. Rather, it

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bans hazardous waste exports for final disposal and recycling from what are known as Annex VII nations (Parties that are members of the EU, OECD, Liechtenstein) to non-Annex VII nations (all other Parties to the Convention). The Ban amendment has to be ratified by three-fourths of the Parties present at the adoption of the Amendment in order to come into force. The total number of ratifications, as of 9 December 2003, stands at 42. Hence, it has not yet come into force.

Transboundary Movement with Non-Parties

The Convention does not allow contracting parties the exporting of risky or other wastes to non-parties or their importation from a non-party, unless there exists a bilateral, multilateral, or regional agreement regarding transboundary movements. Such understandings, or systems must not derogate from the environmentally sound management of hazardous and other wastes and the provisions of these agreements should not be less environmentally sound than those provided by the Convention. At the 2nd meeting of the Conference of Parties (COP2) in 1994, it was decided that when Provinces have entered into bilateral, multi-lateral, or regional agreements and arrangements, they shall report to the changeable Ad Hoc Committee responsible for facilitating the implementation of the Convention, through the Secretariat, on the conformity of such agreements or arrangements accepting the circumstance a list of questions which were developed by the Committee itself. The objective of using these questions is to assist parties, when reporting, in concentrating on particular issues.

National Reporting of Hazardous Wastes

The Convention survives irremissible on the posses to describe selective information on the movement and generation of hazardous wastes in their nation. Annually, a questionnaire is sent out to member nations, calling for information on the generation, export, and import of hazardous wastes covered by the Convention. This information is surveyed and compiled by the Secretariat and is presented in an annual report, which includes statistical tables and graphic representations of the data.

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Technical Help offered by the Convention

In order to help nations to deal or handle their wastes in an environmentally sound way, the Secretariat cooperates with national authorities in developing national statute law, setting up armouries of hazardous wastes, strengthening national institutions, assessing the hazardous waste management situation, and preparing hazardous waste management plans and policy tools. It also provides legal and technical advice to nations in order to solve specific problems related to the control and management of hazardous waste spill. The Secretariat cooperates with parties and relevant international organizations to provide fast help in the form of expertise and equipment. The Convention has laid downed regional and sub-regional training centres in various regions of the world to strengthen the capacity of national Governments in complying with the Conventions technical needs, and its institutional and legal aspects. The Third Conference of Parties (COP3) in 1995 selected sites to lay down regional and sub-regional centres for training and technology transfer regarding the management of hazardous wastes. To this end, the Basel Convention has laid downed Regional Centres for Training and Technology Transfer in the following nations: Argentina, China, Egypt, El Salvador, India, Indonesia, Nigeria, Senegal, Slovak Republic, South Africa, Russian Federation, Trinidad and Tobago, and Uruguay. Although the operation of many of these centres is only now beginning in earnest and the future of these centres remains uncertain mainly due to lack of finances.

Financial Help
The Convention calls upon all parties to make contributions, and trust funds have been set up. One of the tasks for the Bureau of the COP is to oversee the development and execution of the Secretariat of the Basel Conventions budget as derived from the Trust Fund and other sources.

Administrative Structure
To facilitate the implementation of the Convention, the Provinces are to designate or lay down one or more

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competent authorities and a focal point. It is these authorities which are to oversee the process of generating requests for consent to monitor and control the movement of hazardous wastes. The focal point means the entity of the party which is responsible for receiving and submitting information. Capable Authority means one governmental authority intended by a state to be responsible for within such geographical area as the state may think fit, for receiving the presentment of a transboundary motion of hazardous wastes or other wastes, and any data related to it. The Convention has a planning for the set up of the Conference of Parties and the Secretariat. The Conference of Parties keeps under uninterrupted review and evaluation the efficient implementation of the Convention and promotes the harmonization of the appropriate policies. In addition, it may adopt statements to the Convention and its annexes, taking into consideration among other things, available scientific, economic, and environmental selective information. Till date, the COP has met six times. The 2nd meeting of the COP held in Geneva less than two years after the coming into force of the Convention, has adopted a full-fledged work programme for the execution of the Basel Convention. The Basel Ban was also started in this meeting. The Parties also adopted 27 decisions which constitute a detailed and comprehensive work programme containing legal, technical, and financial components which are essential for the effective and efficient implementation of the Convention. The Secretariat of the Basel Convention is to obtain and fetch data from and to Parties on references of technical help and training, available technical knowledge, sources of advice and expertise and availability of resources, with a view to assisting them upon request in various areas concerning to the Convention. The Secretariat is also to provide parties, upon request, with data on advisors or consulting firms having the necessary competence in the management of hazardous wastes. It also helps parties upon request with identification of cases of illegal traffic. There are 4 auxiliary bodies organized under the Convention, each with a assigned research and developmental role regarding the Convention. The following are the auxiliary bodies:

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The Consultative Subgroup of legal and technical advisers laid downed under the legal and technical experts group is currently working on issues related to the set up of a mechanism for implementation and compliance under the Convention.

The Undetermined Ad-hoc Committee for the execution of the Basel Convention, laid downed in 1992, reviews activities and documents before they are followed by the COP, prepares for Conference of Parties meetings, and assists in executing the Convention.

The Ad-hoc Working Group of legal and technical experts was laid downed in 1990 to develop a draft protocol on liability and compensation for damage resulting from trans-cultural movements of hazardous wastes and their disposal. Other projects include working on an emergency fund under the Convention, the relationship between an emergency fund and the protocol on financial obligation and compensation, and other legal and institutional aspects related to the implementation of the Basel Convention.

The Technical Working Group, also laid down in 1992, sets up technical guidelines for the environmentally sound direction of hazardous wastes, develops criteria on which wastes are suitable for recovery or recycling operations, and assists the COP on technical matters.

4.3 Recent Developments

The 3rd meeting of the COP followed conclusions on the Statement to the Convention. This amendment stated that parties which are members of OECD, EC, Liechtenstein, are to prohibit immediately all Transboundary movements of hazardous wastes destined for final disposal to other Provinces. The Fourth COP adopted altogether 25 decisions which developed moreover and facilitated the implementation of the Convention. It stressed the motive for international technical help and capacity building and supported the set up of territorial centers for training and technology transfer regarding the ESM of hazardous wastes and other wastes. It also gave high priority to work on the

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prevention of illegal traffic in hazardous wastes and underlined the need to build up the capacity of Provinces in preventing illegal dealings and resolving the environmental damages induced by existing cases. In 1999, a protocol to the Convention was adopted at the 5th Conference of Parties recognized as the Basel Protocol on Liability and Compensation. The Protocol negotiation began in 1993 in response to the concerns of developing nations about their lack of funds and innovations for coping with illegal dumping or accidental spills. The aim of the Protocol is to provide for a comprehensive regime for liability as well as enough and prompt compensation for damage leading to the Transboundary movement of hazardous wastes and other wastes, including occurrences taking place on account of illegal traffic in those wastes. The Protocol addresses which state or party is financially responsible in the event of an incident. Each phase of a Transboundary movement from the point at which the wastes are loaded on the means of transport to their export, international transit, import, and final disposal is considered. The 6th Conference of Parties was controlled Geneva, Switzerland, from 914 December 2002. The Conference of Parties believed and adopted decisions on a range of issues relating to implementation of the Convention, rectification of the Convention and its extensions, and institutional, procedural and financial arrangements. Many of these decisions, including technical guidelines on the environmentally sound management of biomedical and health care wastes,, waste lead-acidic batteries, plastic wastes and the levelling of ships, had been analyzed and approved by the subsidiary bodies during the intercessional period. After lengthy negotiations, COP6 also set the budget for the Convention, adopted a Strategic Plan and settled the Framework Agreement on the legal set up of the Regional Focuses for Training and Technology Transfer. Dramatic development in chemicals production and trade during the past three decades had highlighted the potential risks posed by hazardous chemicals and pesticides. Nations lacking adequate base to monitor the import and use of such substances were particularly vulnerable. The concern over trade in hazardous chemicals and pesticides began when

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Rachel Carsons book Silent Spring published in 1962, created widespread awareness in industrialized nations about the adverse impacts of toxic chemical substance on the environment, increasing public concern about environment and health safety. In the 1980s, United Nations environmental programme and FAO developed voluntary codes of conduct and information exchange systems, culminating in the Prior Informed Consent (PIC) procedure introduced in 1989. PIC needed exporters trading in a list of hazardous substances like toxics and chemicals to obtain the prior informed consent of importers before advancement with the trade. In 1998, Govt.s decided to strengthen the procedure by adopting the Rotterdam Convention, which makes Prior Informed Consent legally binding. The Rotterdam Convention is only a first step to tackle international trade in pesticides and industrial chemicals. The Convention does not impose controls on hazardous exports. It only enables nations to decide which contents they want to receive, and express prior informed consent before receiving imports of a specified list of chemicals. The Rotterdam Pattern constituted on 10 September1998 by a Conference of Plenipotentiaries in Rotterdam, The Netherlands. The Convention came into power on 24 February 2004. As of now, there are 73 signatories and 53 parties to the Convention. The main aims of the Convention are to promote shared obligation and cooperative efforts among parties in the international trade of certain hazardous chemical substance in order to protect health of human being and the environment from possible harm and to contribute to their environmentally sound use, by helping information substitute about their characteristics by providing for a domestic decision-making process on their import & export and by disseminating these decisions to parties. The Convention covers chemicals and industrial chemicals that have been prohibited or critically limited for health or environmental grounds by participating parties and which have been matter of appraisal by parties for inclusion in the process. Severely hazardous pesticide formulations that present a hazard under conditions of use in acquiring nations or nations with economies in transition may also be

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nominated for inclusion in the procedure. Once a chemical is included in the Prior Informed Consent procedure a decision guidance document containing information concerning the chemical and the regulatory decisions to ban or severely restrict the chemical for health or environmental reasons, is circulated to importing nations. The Convention furnishes a process for nominating prohibited or severely restricted chemicals. Each party that bans or severely limits a chemical or chemicals shall notify the secretariat no later than ninety days after the regulatory action has taken effect. The secretariat must verify the notice within six months and then communicate other member nations of its decision. In case the recommendation comes from 2 geographical regions then the secretariat shall forward those decisions to the Chemical Review Committee which will review the information and recommend to the Conference of Parties on whether the particular chemical should be matter of the prior consent process. The Convention renders for the theory of a developing nation member or those with economies in transition to inform other member nations that it is experiencing problems caused by a severely hazardous pesticide formulation under conditions of use in its territory. According to the Convention, export of a chemical can take place only with the prior informed consent of the importing party. The Prior Informed Consent procedure is a means for formally obtaining and disseminating the decisions of importing nations as to whether they wish to receive future shipments of a certain chemical and for ensuring compliance with these decisions by exporting nations. Ab initio, the Convention had twenty seven chemicals carried over from a pre-existing voluntary Prior Informed Consent procedure. 4 more have been added afterwards its adoption. There are a total of thirty one chemicals currently subject to the interim Prior Informed Consent procedure. Among these chemicals are twenty one pesticides, 5 industrial chemicals, and5 severely hazardous pesticide formulations, but many more are anticipated to be added in the future. The Convention does not cover specific group of chemicals like narcotic drugs, wastes, radioactive materials, chemical

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weapons, pharmaceuticals, food and food additives. Chemicals in quantities not probably to affect health of human being or the environment are also excluded, provided they are imported for research or analysis objectives. There are 5 annexes to the Convention addressing the procedures for inclusion of chemicals in the Prior Informed Consent procedure, and the requirements for export notifications and the chemicals subject to the PIC procedure. The Convention also renders for information exchange and places an obligation on the parties to facilitate exchange of technical, scientific,, legal, economic, and information concerning the chemicals. The party shall also make information on domestic regulatory actions public and inform other member nations of domestic regulatory actions on the Prior Informed Consent list. There is a special treaty to eliminate or restrict the production or use of Persistent Organic Pollutants that is Stockholm Convention on Persistent Organic Pollutants which was adopted in 2001. This Convention was acquired in response to the urgent need for worldwide action to protect health of human being and the environment from POPs. Persistent Organic Pollutants are chemicals that remain intact in the environment for long periods, become widely distributed geographically, collect in the fatty tissue of living beings, and are toxic to wildlife and humans. A conference of Plenipotentiaries adopted the Stockholm Convention on 22 May 2001. The Convention has come into effect in May 2004. As on May 2004, there were 151 signatories and eighty-six parties to the Convention. The main aim of the Stockholm Convention is to protect health of human being and the environment from the POPs. The Convention needs Parties with regulatory and assessment schemes to take into consideration the Persistent Organic Pollutants screening criteria set out in Annex D of the Convention when assessing pesticides or industrial chemicals currently in use. Parties must take certain measures to eliminate from production and use certain chemicals already listed in the Convention. The Convention restricts the import and export of Persistent Organic Pollutants to cases in which, for e.g., the objective is environmentally sound disposal. It also needs that Persistent Organic Pollutants not be

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transported across international boundaries without taking into consideration relevant international principles, standards, and guidelines. The Stockholm Convention obliges parties to develop strategies for distinguishing POPs wastes and to manage these in an environmentally sound manner. The Persistent Organic Pollutants content of wastes is generally to be destroyed or irreversibly transformed. The Convention needs parties to take measures to reduce or eliminate releases of Persistent Organic Pollutants from intentional production and use, unintentional production, and stockpiles and wastes. The Convention also needs information exchange and research on Persistent Organic Pollutants alternatives. It obliges each party using DDT to develop an Action Plan including the implementation of alternative production. The chemicals slated for elimination under the Stockholm Convention are the pesticides dihedron, aldrin, chlordane, furans, hexachlorobenzene, endrin, DDT, dioxins, heptachlor, toxaphane, and mirex, and as well as the industrial chemicals, polychlorinated biphenols or PCBs. These persistent organic pollutants are currently known as the dirty dozen. Continued use of the pesticide DDT is allowed for disease vector control until safe, affordable, and effective alternatives are in place. Nations must make determined efforts to identify label and remove PCB containing equipment from use by 2025. The Convention also seeks the continuing minimization and where feasible, elimination of the releases of unintentionally produced Persistent Organic Pollutants like the industrial by-products, dioxins and furans. The Convention also provides for the future set up, by the Conference of the Parties, of a subsidiary body to be called the Persistent Organic Pollutants Review Committee. This Committee will assess the chemicals that have been intended for addition to the Convention and will make recommendations to the Conference of Parties. The following sections develop a framework for a United Nations environmental programme-led approach in the field of waste and climate change. United Nations environmental programme is already active in a number of waste and climate change programmes, including collaborations with

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other UN and international organizations these activities are summarized in Table 15. The goal of United Nations environmental programmes approach framework in this emerging field is to enhance existing initiatives, identify gaps in current worldwide activity, and catalyze the direction of resources towards essential programmes and actions at the local, regional, and national level. There are clear synergies with the DTIE Branchs simultaneous proposal to launch a Worldwide Platform for Waste Management (GPWM).

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Table 15 Current United Nations environmental programme activity, at various scales, relevant to waste and climate change Nature of activity Activity description

Technical Policy regulation Institutional Social

Recycling initiatives & Sustainable Consumption and Production (i.e. the Marrakech Process) declaration on Cleaner

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International Production

National Cleaner Production Centres Resource-Efficient Cleaner Production Programme (RECP) (UNEP/UNIDO) Global e-Sustainability Initiative Integrated waste management International Panel for Resource Management Sustainable

Life Cycle Initiative (UNEP/ Society of Environmental Toxicology and Chemistry (SETAC)) Green Economy Initiative Regional Seas Programme marine litter Capacity Development for Development Mechanism Project Clean

Global Platform for Waste Management (currently being launched)

Context international conventions

The most applicable international rules in the field of climate change and waste and are the United Nations Framework Convention on Climate Change (UNFCCC) and the Basel Convention (BC). The apposite articles of the UNFCCC are as follows:

Article 4.1(c) reference to development, application, and transfer of innovations, practices and processes that

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control, reduce or prevent anthropogenic emissions of green house gases in the waste sector Article 4.3 reference to providing financial resources to meet the full costs incurred by developing nation Parties in complying with their obligations to communicate information related to executing the Convention (i.e. national green house gases inventories and reports) Article 4.5 reference to the transfer of environmentally sound technology and knowledge from developed nation Parties to developing nation Parties to enable them to implement the provisions of the Convention Article 11 reference to a mechanism for the provision of financial resources on a grant or concessional basis, including for the transfer of technology

Waste is moreover highlighted on the UNFCCC agenda in the Bali Action Plan (2008), through the complying sections, which directly affect the waste sector:

Paragraph 1(b) address to heightened national/international action on mitigation of change of climate through cooperative sectoral strategies and sector-specific actions Paragraph 1(d) address to raised action on technology transfer and development to confirm action on mitigation Paragraph 1(e) address to increased action on the provision of financial investment and resources to support carry out on mitigation and technology cooperation

The Basel Convention (BC) is the conducting international agreement addressing both hazardous and other wastes. The focus of the Convention has historically been on the transboundary movement of hazardous wastes. Although, the Conventions resolution of wastes is broad and covers substances or objects which are disposed of or are proposed to be disposed of or are needed to be disposed (Article 1). The Convention deals both risky and other wastes. Other wastes are referred to extensively throughout the Convention and include those wastes that are denoted in Annex II

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The Convention turns Parties to take all practicable steps to ascertain that hazardous and other wastes are managed in a manner which will protect health of human being and the environment against the adverse effects which may result from such wastes (Article 1). Global warming is inevitably included within this mandatory. Surely, the Basel Convention is arguably mandated to study a broad range of subjects relating to wastes and waste management, including those concerning climate issues. The Conventions focus on environmentally sound direction allows for an chance for efforts both to amend the contribution of waste management to climate goals, and to recognize new and extra resources to enhance implement the Convention and waste management. The Basel Convention also cooperates with the Stockholm Convention on Persistent Organic Pollutants and the Rotterdam Convention on Prior Informed Consent Procedures for Certain Risky Chemicals and Pesticides. The coinciding extraordinary meetings of the leagues of the Parties to the Basel, Stockholm and Rotterdam conventions which were applied at the Bali International Convention Centre in Bali, Indonesia, from twenty-two to twenty-four Feb 2010, consecutive with the 11th special session of the united nations environmental programme Governing Council/Global Ministerial Environment Forum adopted an omnibus decision which included among others the synchronization of budget cycles,, joint managerial functions, joint services, joint activities on chemical and waste-related issues, joint audits and review arrangements.

Need for enhanced action

There is general arrangement amongst the Parties to the UNFCCC that the current phases of action on technology transfer, adaptation, mitigation,,, and finance are not sufficient to meet the necessities of the UNFCCC. Parties have distinguished a pressing need to enhance technology finance and transfer. Negotiations under the Bali Action Plan are required to issue enhanced activities in a scope of fields applicable to the link between waste management and climate change.

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In relation to enhanced action on mitigation, the Parties are discussing how cooperative sectoral strategies and sector-specific actions can enhance the development, application, and transfer of innovations, practices and processes that control, reduce or prevent anthropogenic emissions of green house gases in all relevant sectors, including the waste sector. Sectoral strategies to technology transfer provide one means for enhancing cooperation on waste and climate linkages. In concern with enhanced action on technology, the Parties are talking about technology action plans, a new institutional arrangements and multilateral technology fund and to scale-up the development and transfer of innovations. New or enhanced arrangements may provide a useful vehicle for supporting cooperation to deal shared challenges of waste management and climate change.

In concern with enhanced action on funding, the Parties are talking about the provision of considerably scaled-upward financing for adaptation and technology cooperation and mitigation,, an enhanced financial architecture and institutions to confirm domestic activities. Discussions are covering both long-term and short-term financial needs. The waste sector is one area, among others, that should be eligible for scaled-up financing. In the negotiations, a form of proposals has been proposed in each of these fields. Various resorting themes are apparent in the proposals relevant to enhanced funding, which provide an indication of areas where additional efforts could be made, especially from the perspective of developing nations:

Ascertain activities relevant to climate change undertaken outside the framework of the financial mechanism (including those related to funding) are consistent with the Convention and relevant Conference of Parties decisions Recognise, promote and strengthen engagement at the nation level Ascertain a nation-driven strategy and direct access to funding

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Notes ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________

Reduce fragmentation of funding by facilitating linkages between various funding sources and funds to promote access to a variety of available sources Enable a shift from a project-based strategy to a programmatic strategy to help optimize and scale up implementation

Intimately related with proposals to raise financing are those to fortify the development and transfer of innovations. Particularly, there is strong support for a technology transfer mechanism. Presently, there is no single focal facility through which all the various programmes and mechanisms of the dissimilar agencies pass through. This has led to dispersed, uncoordinated efforts, and duplication. Key elements of a technology transfer mechanism may include a new auxiliary body (laid downed under Article 7.2(i) of the Convention) to enable execution of the Conventions technology-related obligations to support action on adaptation and mitigation, as well as a dedicated Technology Fund to finance efforts linking to technology development and transfer. The mechanism would address current defects in the transfer of technology, by supporting initiatives like:

Support for research, development, manufacture, commercialization, deployment and diffusion of innovations for adaptation and mitigation, in accordance with the Bali Action Plan. Promotion, implementation and facilitation of activities by the entire technology cycle to accelerate the rate at which environmentally sound innovations are adopted. Adaptation innovations to address the adverse effects of climate change and finance the removal of barriers to the large-scale transfer of innovations for adaptation. Innovations to address the adverse impact of response measures, and finance the removal of barriers to the large-scale transfer of innovations for reducing the adverse impact of response measures. Commercialization of new and emerging innovations. This would include venture capital, with public investment leveraging private capital markets for emerging innovations; research, development, and demonstration

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Notes ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________

of new innovations, financed by venture capital and other sources; and joint technology development. Capacity-building to deal and generate technological change, enhance absorptive capacity, and create enabling conditions in developing nations. This would include costs relating to demonstration of new technologies; research, development and enhancing human and institutional capacity; and guarantees on foreign direct investment for environmentally sound innovations. Procurement of low-greenhouse emission innovations, which includes software and hardware. This would include of replacement of existing equipment per cost of premature modification, as well as the cost of new equipment; installation and stable operation of the technology; cost of retraining and dissemination of knowledge; cost of technical help for the design, cost of fuel and other operational costs; cost of innovations for fuel switching; and cost of monitoring and confirmation. Creation of manufacturing facilities for environmentally sound innovations, including low green house gases emission innovations. This would include the costs of compulsory licensing and cost associated with designs, patents,, and royalties; conversion of existing manufacturing facilities or of establishing new facilities; research and development activities, including design, and demonstration, joint research, development,; retraining and dissemination of know-how; technology adaptation; operation (of facilities/innovations); and monitoring and verification.

4.4 Enforcement and Compliance by India

India is a party to the Basel Pattern and a signatory to the Stockholm Convention. Since far as the Rotterdam Convention is related, India has not still signed it. However, it signed the Basel Convention on fifteen March 1990, after observing its consequences and implications for one year. The changing political equations in the Basel forum are best exhibited by the Indian Govt.s position on the 1989 Basel Convention. India ratified the Convention on 24 June 1992

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Notes ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________

afterwards taking an active part as a key Southern player in negotiating the agreement. In India, the Ministry for Environment and Forests is the nodal point for these conventions. There is a Hazardous Substances Management Division within the Ministry for Environment and Forests covering with direction of chemical emergencies and hazardous substances. As far as the Basel Convention is concerned, India has been regularly attending all the meetings. Subsequently, the midnineties, support to the convention has waned. India has indicated a lack of support for a 1995 amendment, which essentially bans hazardous wastes trade from industrialized to developing nations. It no longer lobbies with developing nations at the Basel forum, and at the 1999 Conference of Parties (COP5) India indicated for the need to revise the Conventions principles on export and disposal. Recently, the MoEF participated in the 5th and 6th group meeting of the Expanded Bureau of Conference of Parties and the 20th meeting of the Technical Working Group, the Legal Working Group held during the year 2002-03. The Ministry also participated in COP6 of the Convention confined Geneva in December 2002. The four major issues discussed throughout COP6 were strategically programmed for implementation of the Basel Pattern, the set up of Basel Convention Regional Centres, mechanism for effective implementation of the Convention, and partnership with firm and many-sided environmental agreements. As part of the requirements of the parties, the Indian Govt. has been regularly contributing to the Trust Fund at the prescribed UN rate of 0.thirtysixpercent and a voluntary share is made towards the Technical Cooperation Fund since 1993. While far as the Basel Ban is related, India has not signed it. In spite of being a dynamic player during the 2 yrs of negotiations, India has not still ratified the Rotterdam Convention. It did sign the terminal act when the agreement was adopted in September 1998, basically signifying that the nation complies with the text of the treaty. During the negotiations, India, along with some African nations, pushed for the liability clause which would have provided compensation for damages incurred from the use of imported toxic chemicals. This demand was rejected in the later part of

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Notes ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________

the negotiations, in the face of opposition from nations like the US and Canada. India has a mixed position on the Convention, since it is both an importer and exporter. During the year 2002-03, India also participated in the third session of the Interim Chemical Review Committee Meeting below the Rotterdam Convention. Under the Rotterdam Convention, the indicated domestic authority for industrial chemicals is the Joint Secretary (Chemicals), Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizer and for pesticides, the dominance is the Department of Agriculture, Director/Deputy Secretaryand Cooperation, Plant Protection Division, Ministry of Agriculture. Subsequently India has ratified the Stockholm Convention in May 2002, it has started a project entitled Preliminary Assessment to Identify the requirements towards Developing a National Implementation Plan as a Initiative to Implement the Stockholm Convention on POPs, with accompaniment from the Global Environment Fund. In our nation there has been a firm fortifying of environmental legal philosophy in the past 2 decades. Making a legal model ace at dealing with environmental issues seemed to be a natural post-Stockholm symptom and the need for the same was reiterated by the environmental tragedy at Bhopal. In fact it is the nations own encounter with the hazardousness of chemicals that worked as a catalyst to the legislative process of the Environment (Protection) Act, 1986. This Act is an umbrella legislation designed to provide a framework for the co-ordination of central and state authorities laid downed under the Water (Prevention and Control) Act, 1974, and Air (Prevention and Control) Act, 1981. Under this Act, the Central Govt. is authorized to take measures necessary to protect and improve the quality of the environment by setting measures for emissions and discharges, regulating the location of industries, management of hazardous wastes, and protection of public health and welfare. As the opening words explain it is an Act to allow for for the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act determines Hazardous Substance as

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Notes ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________

any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property, or the environment. The Act passes compulsory that no person shall handle or cause to be handled any hazardous substances except in accordance with such procedure and after complying with such safeguards as may be prescribed. The EPA, 1986, also confers power on the Central Govt. to make principles in respect of matters delineated in the Act which inter alia includes laying down:

the prohibitions and restrictions on the handling of hazardous substances in different areas, the safeguards and procedures for the handling of hazardous substances, and standards for the quality of environment in its various aspects, etc.

The Principles have again been amended in 2003 to moreover streamline implementation and to include the environmentally sound management of hazardous wastes as needd by the Basel Convention. The salient features of the Hazardous Waste Management Principles, 2003, include the following:

Definition of Hazardous Wastes rationalized Schedules I and II revised Registration of units recycling identified hazardous
wastes with MoEF/CPCB made mandatory

Clear linkage/harmonization of Schedule III list wastes

with EXIM policy and Basel Convention

29 highly hazardous wastes prohibited for import/export The Manufacture, Storage and Import of Hazardous
Chemical Principles, 1989, and The Chemical Accidents (Emergency Planning, Preparedness and Response) Principles, 1996, are the main instruments for ensuring

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Notes ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________

chemical safety in the nation. The Principles need the Centre and the Provinces to constitute crisis groups at the national, state, district, and local levels. The Central Crisis Group is responsible for dealing with major chemical accidents. These Principles emphasize the importance of disseminating information and oblige each crisis group to provide information regarding chemical accident prevention, preparedness, and mitigation to members of the public on request.

The Manufacture, Storage and Import of Hazardous

Chemicals Principles, 1989, as amended up to 2000, were also promulgated by the Central Govt. These Principles apply to industries that use or store specified hazardous chemicals. The Principles define the terms used in this context, and set up an Authority to inspect once a year industrial activity connected with hazardous chemicals of industrial activities and isolated storage facilities, in which there is a threshold quantity of hazardous chemicals. On 19 January 2000, the Central Govt. amended the Principles. The amendment redefined major accident, introduced fresh parameters to identify toxic chemicals, flammable chemicals, and explosives, and altered the Schedules, including the insertion of a revised list of hazardous chemicals in Schedule I. Wastes listed in Lists A and B of the Basel Convention have been included in Schedule 3 of these Principles. These lists are only applicable to the wastes that are exported or imported.

Municipal Wastes (Management and Handling) Principles,

2000, have been promulgated to enable municipalities to dispose municipal solid waste in a scientific manner

The recent amendment to these principles known as

Biomedical Waste (Management and Handling) Amendment Principles, 2003, formulates that the Army hospitals will be regulated by the Ministry of Defence.

Biomedical Waste (Management and Handling) Principles,

1998, as amended in 2000, were formulated along parallel lines, for proper disposal, segregation, transport, etc. of infectious wastes. Hospitals, clinics, blood banks, and other organizations generating bio-medical wastes

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are regulated through licensing and reporting system under these principles. Apart from these principles, there are various Acts dealing directly or indirectly with hazardous substance and pesticides. The major obligation for executing these principles is with the Central Pollution Control Board and State Pollution Control Board/Pollution Committees and also with the State Departments of Environment. Some of them are listed below:

The Atomic Energy Act, 1962

This Act governs the regulation of nuclear energy and radioactive substances in India. The Act empowers the Central Govt. to prevent radiation hazards, guarantee public safety and the safety of workers handling radioactive substances, and ascertain the disposal of radioactive wastes.

The Insecticides Act, 1968

The Act lays down a Central Insecticides Board to advise the Centre and the Provinces on technical aspects of the Act. A committee of this Board registers insecticides after examining their formulas and verifying their claims regarding their safety and efficacy. The manufacture and distribution of insecticides is regulated through licensing. The Central and State Governments are vested with emergency powers to prohibit the sale, distribution, and use of dangerous insecticides. Although, lately it has been observed that the Act has certain lacunas. It does not completely disfavour the use of organo-chlorine pesticides. The use of biological and integrated pest control in India has hardly been dealt with in any significant measure. The implementation of the provisions of this Act for monitoring pesticide residues in the environment is totally inadequate. The Insecticides Principles, 1971, prescribe the procedures for licensing, packaging, labeling, and transporting insecticides. They also provide for safety of workers during the manufacture and handling of insecticides through protective clothing, respiratory devices, and medical facilities.

The Factories Act, 1948, as amended up to 1987

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This Act was amended in the wake of the Bhopal tragedy and the Supreme Court of Indias judgment in the Sriram Gas Leak Case to add special provisions dealing with hazardous industrial activities. The 1987 amendment empowers the Provinces to appoint site appraisal committees to advice on the initial location of factories using hazardous processes. This Act prescribes the obligation of an occupier of any hazardous unit to disclose to her workers, the Factory Inspector, and the local authority all particulars regarding health hazards at the factory and the preventive measures taken. The permissible limits of exposure to toxic substances are prescribed in the Second Schedule to the Act.

The Public Liability Insurance Act, 1991

This law was ordained to provide prompt alleviation to the victims of an accident involving a hazardous substance. To accomplish this object, the Act imposes no-fault liability upon the possessor of the hazardous content and needs the owner to pay the victims irrespective of any neglect or default on her part. The Act stipulates a maximum compensation for injury or death at Rs. 25,000/- and limits compensation in respect of damage to private property to Rs. 6,000/-. The right of a victim to lay claim extra alleviation under any other law is expressly reserved. There is a liability on the owner to take out an insurance policy covering potential liability from an accident. Apart from this policy, every owner must make a contribution to the Environment Relief Fund laid downed by the Central Govt. to provide relief to the victims of an accident.

The National Environment Tribunal Act, 1995

This Act figures the bases stored the Public Liability Insurance Act and considerably alters the law of civil wrong relating to toxic substances in India. It applies in cases where expiry or accidental injury to any person or damage to any property is caused by an accident during handling of any hazardous substance. It authorizes the Centre to lay down a National Tribunal at New Delhi with power to entertain applications for compensation, apply an inquiry into each such claim, and make an award determining the compensation to be paid.

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The National Environment Appellate Authority Act, 1995 This Act provides for the set up of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any firm operation or process or class of industries, operations, or processes cannot be carried out or would be allowed to be carried out subject to certain precautions under the Environment Act, 1986. Apart from the above remarked Acts and Principles, there is an export import Policy of India which systemizes and categorizes the wastes. There has been a case in the Supreme Court of India by a system, Research Foundation for Science, Technology and Natural Resource Policy versus the Union of India for the proper execution of the Basel Convention in India. In response to this petition, the Supreme Court emerged an order in 1997 completely banning imports of hazardous wastes crossed by the Basel Convention, and those banned by the Central Govt. or by any court order. Irrespective of the fact that India had not ratified the ban amendment of the Basel Convention, the order has been interpreted by the Govt. of India Govt., firm, and NGOs as giving effect to the ban amendment of the Basel Convention, which covers hazardous wastes proposed for recycling as well as disposal. An inquiry committee has been set up by the Supreme Court in the above mentioned case to verify the inventory of hazardous wastes like waste oil, lead acid batteries, and other non-ferrous metal wastes lying in various ports and inland container depots of the nation.

4.5 Student Activity

Find out the recent amendments in the Basel Convention.

4.6 Summary
The short direction of waste and chemicals and can lay serious menaces to health of human being and the surroundings and weaken economical and social growth. At greatest risk are the worlds poorest and most vulnerable

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individuals. The quantities of non-hazardous waste including municipal waste, pose serious management challenges in all developing nations. Uncontrolled burning, with resulting toxic releases, and other unsustainable waste management practices prevail in many nations. Certain types of chemical substance, by-product dismissals and hazardous waste can collect in life-threatening phases in humans contributing to contrary generative, immunological, developmental,, hormonal as well as carcinogenic outcomes. Mothers can pass these toxic chemicals on to their children, both prenatally and through breastfeeding. Managing chemicals properly can help safeguard maternal health and the health of future generations. On the basis, UNDP helps developing nations with waste management broadcasts to reduce the exposure of the poor to wellness and environmental damage from unsound management patterns, integrate sound chemical substance and waste direction as part of the environmental agenda and into domestic environmental and poverty reduction planning frameworks in more than ten nations, and increase nations access to the best available waste management practices and innovations. UNDP deals a figure of hazardous waste streams that have been long-standing environmental liabilities with significant health of human being implications, like stockpiles of hazardous waste and highly contaminated sites, as well as the administration of consumer appliances, amongst other wastes.

4.7 Keywords
Basel Convention: It gives a framework for the worldwide community to ascertain that the health and environmental problems linked with hazardous disposal and waste generation. Hazardous Wastes: It includes poisonous, toxic, explosive, ecotoxic, corrosive, flammable, and infectious substances. Transboundary movement: It includes the movement of hazardous wastes from one state or nation to other state or nations.

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Notes

4.8 Review Questions

1. Describe
the Convention. objectives and Scope of the Basel

___________________ ___________________ ___________________ ___________________

2. What are the regulations of Transboundary Movements of

Hazardous and Other Wastes?

3. Describe

the Convention.

recent

developments

of

the

Basel

___________________ ___________________ ___________________ ___________________ ___________________ ___________________

4. Discuss about the enforcement and compliance by India.

4.9 Further Readings

Books
Ashton, W., M. Chertow, and M. Shenoy (2009). Industrial Ecology Developing Systemic Solutions to Climate Change and other Environmental Challenges in Indian Firm. Sustainability Tomorrow, October-December 2009. Astrup, T., T. Fruergaard, and T.H. Christensen (2009). Recycling of plastic: accounting of greenhouse gases and global warming contributions. Waste Management & Research: 2009: 27: 763-772. Astrup, T., J. Mollee, and T. Fruergaard (2009b). Incineration and co-combustion of waste: accounting of greenhouse gases and global warming contributions. Waste Management & Research: 2009: 27: 789-799. Australian Bureau of Statistics (ABS), (2008). Australia's Environment: Issues and Trends, 2007, Human activity trends: Waste (4613.0). Bahor, B., M. Van Brunt, J. Stovall and K. Blue (2009). Integrated waste management as a climate change stabilization wedge. Waste Management and Research, 27:839-849.

Web Readings
http://awsassets.wwfindia.org/downloads/mea_handbook_cel. pdf http://www.undp.org/content/dam/undp/library/corporate/fast -facts/english/FF-Waste-Management.pdf

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http://www.unep.org/geo/pdfs/geo5/GEO5_report_C6.pdf http://www.unep.or.jp/ietc/Publications/spc/Waste&ClimateCh ange/Waste&ClimateChange.pdf