[Pharmwaste] Hazardous Waste Exports - Basel Convention, US not a signator

[Price, John L.]

Stevan: The international convention that restricts the export of hazardous
wastes to developing countries is, I believe, the Basel Convention (see
http://www.basel.int/).  I checked the Berne Convention and it appears that
it may have been a general precursor of the more specific Basel Convention
issued later. I am not sure about the relationship between Berne and Basel,
but I believe Basel is the applicable international convention regarding the
movement of hazardous waste between countries. 

The US, to date, is not a signator to the Basel Convention so that Convention
has no legal bearing, as far as I know, on export of hazardous waste from the
US. The applicable regulation, enforced by the US EPA, on hazardous waste
export is the Resource and Conservation Recovery Act (RCRA), specifically 40
CFR Subpart E (40 CFR 262.50-58) and Subpart H 40 CFR 262.80-89). Generally,
there is a requirement to notify both EPA and the receiving country and to
secure the consent of the receiving country. There are record keeping and
other requirements as well. As in all hazardous waste regulations, however,
there are always complexities, conditions and sometimes exemptions, so please
take my general statement as a gross one rather than an all inclusive one.  

Your base point that there is a complex interplay of regulations governing
export of hazardous wastes is certainly on the mark and will continue to be
an issue in our discussions of proper management of pharmaceuticals.

I appreciate your posts and they do inject important issues into the ongoing
discussions. Thanks.

Jack.

John L. (Jack) Price
Environmental Manager
Hazardous Waste Management MS 4555
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, FL  32399-2400
Phone:850.245.8751
Fax: 850.245.8811
john.l.price at dep.state.fl.us
www.dep.state.fl.us/waste
 Please Note:  Florida has a very broad public records law.  Most written
communications to or from state officials regarding state business are public
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-----Original Message-----
From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of
gressitt at uninets.net
Sent: Wednesday, November 23, 2005 12:36 PM
To: pharmwaste at lists.dep.state.fl.us
Subject: [Pharmwaste] Hazardous Waste Exports

A question has arisen within the historical context of the
tons of unusable medical donations that were made to
Bosnia. 3-4 million dollars were need for the incineration
through purchase of new incinerators. The incinerators were
duly purchased and the problem resolved, in part via the
development of more promotional material for the WHO Drug
Donation Guidelines.

What is the argument against the following: 

1) Individual household medicines are generally not
considered hazardous in the US. 

2) Consolidation of more than 1 household ( 2 or more)
moves this into the world of "consolidators" and RCRA as
well as 56 jurisdictions across the country weigh in or not
with further restrictions.

3) As a secondary and simultaneous development DEA
regulations become engaged at point 2 above regarding any
controlled substances.

4) Where classified as hazardous waste by the relevant
jurisdiction, the material now likewise falls u nder the
Berne Convention banning export of hazardous waste.

5) Regulations already exist therefore to ban the practice
of collecting unused medication and dumping it overseas as
in Bandah Aceh where 345 tons now await destruction. The
enforcemetn agencies would be: DEA to control export of
controlled substances, EPA to identify Berne convention
violations (?), and Homeland Security ( Customs and
Immigration) to impound Berne Convention violating
shipments.


I am vague at the point in 5 above where I am not sure
where EPA fits and have put a question mark. The string of
points above however is what I am trying to respond to from
a United States-centric position ( no I'm not defending,
just trying to work out where there may be some options for
adjustment in policy.) 

And oplease I'd rather have some serious obvious criticisms
now than later. Private response is understandable as well.

Stevan Gressitt, M.D.
207-441-0291
gressitt at uninets.net
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