REGULATIONS AND POLICY

International Agreements

Stockholm Convention on Persistant Organic Pollutants (POPs) | PCB North American Regional Action Plan (PCB NARAP) | Canada-US Great Lakes Binational Toxics Strategy (GLBTS)

PCB North American Regional Action Plan (PCB NARAP)

In January 1994, Canada, Mexico and the United States signed the North American Agreement on Environmental Cooperation (NAAEC). This is a side agreement to the North American Agreement on Free Trade (NAFTA). The North American Commission for Environmental Cooperation (CEC) was set up to oversee the implementation of this environmental side agreement.

One agreement developed under the NAAEC is on the "Sound Management of Chemicals." As of September 2001, four North American Regional Action Plans (NARAPs) have been developed under this agreement; these are for DDT, Chlordane, PCBs, and mercury. Two more NARAPs are currently under development; these are for Dioxins and Furans, and Hexachlorobenzene. Lindane and lead are under consideration for the development of NARAPs.²

The PCB NARAP was agreed to by Canada, Mexico, and the United States in December 1996. This NARAP has three goals:

1. Virtual elimination of PCBs in the environment. [The NARAP defines "virtual elimination" as "no measurable release of PCBs to the environment and the phase-out of PCB uses for which release cannot be contained."]
2. Environmentally sound management of existing PCBs throughout their life cycle.
3. Management of PCBs as one element of comprehensive environmental management programs.³

The PCB NARAP has six primary strategies:

1. Establish a PCB information base
2. Manage the use of PCBs
3. Manage the storage of PCB wastes
4. Assure the proper treatment/disposal of PCB wastes
5. Manage the tranboundary shipment of PCB wastes
6. Promote PCB waste reduction and recycling.⁴

The implementation of the fifth strategy - manage the transboundary shipment of PCB wastes - has always been seen by the three countries as a primary mechanism that they will use to achieve their goals:

The countries believe, in particular, that the regional management of PCB wastes, including a more open but well-managed and controlled border policy among the three countries, could increase the pace of proper treatment/disposal of PCB wastes and the associated reduction of risk to human health and the environment.⁵

In 1997, a U.S. court decision overturned an EPA regulation that had allowed the import of PCB wastes at concentrations of 50 ppm or greater for disposal. The closure of the U.S. border was seen by the three countries as a serious impediment to the implementation of the PCB NARAP.⁶ As a result, the CEC is now putting more emphasis on assessing alternative destruction and disposal technologies for PCBs. For example, they held a workshop on this topic in March 2001.⁷

The CEC set up an advisory body called the Joint Public Advisory Committee (JPAC). In November 2001, the JPAC recommended that the CEC make "adjustments to conform" to the Stockholm Convention on POPs.⁸ The JPAC used the PCB NARAP as the example of the types of adjustments that should be made:

For example, strict implementation [of the Stockholm Convention on POPs] would require that PCBs no longer be incinerated, as their elimination is not total when treated this way and dioxins are produced in the process. The best technologies should be identified and promoted within the SMOC program. The CEC should in turn encourage the development and use of these technologies. ⁹

In its 2001 update on the PCB NARAP, the PCB Implementation Task Force of the CEC listed the sound management of low-level PCB-contaminated wastes and recyclable materials as a concern. They listed PCBs from auto-shredder residue, paints, and contaminated sites as examples of the types of wastes that need to be better addressed.¹⁰

Stockholm Convention on Persistent Organic Pollutants

1. Stockholm Convention on Persistent Organic Pollutants Article 1.
2. Commission for Environmental Cooperation of North America, The Sound Management of Chemicals (SMOC) Initiative of the Commission for Environmental Cooperation of North America: Overview and Update, September 2001, p. 3.
3. PCB Task Force in conjunction with the Commission for Environmental Cooperation, PCB Regional
A ction Plan, December 1996, p. 2.
4. Ibid., pp. 6-18.
5. Ibid., p. 12.
6. Overview and Update, September 2001, p. 11.
7. Ibid.
8. Advice to Council: No. 01-08: Re: Sound Management of Chemicals Program of the CEC, November 23, 2001, p. 2.
9. Ibid.
10. PCB Implementation Task Force, Status report: Management of PCBs in North America, Draft November 23, 2001, p. 14.