8. Waste Reduction Plans
One of the goals of the Basel Convention is to reduce transboundary movements of hazardous wastes. Article 4(2) of the Convention requires Parties to develop their own domestic capacity to manage the hazardous wastes produced in that country. Article 4(9) requires Parties to take appropriate measures to allow hazardous waste exports only if the State of export does not have the technical capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of the hazardous waste in question in an environmentally sound and efficient manner. This Article also states that transboundary movements may be allowed if the wastes in question are required as a raw material for recycling or recovery in the country of import.
The Basel Convention also includes a general obligation to reduce the generation of hazardous wastes to a minimum, "taking into account social, technological and economic aspects" (Article 4(1)). This is an issue that, in terms of industry obligations, is generally associated with provincial jurisdictions. At present, there are few enforceable hazardous waste minimization laws in place. Most provinces seek regional plans for waste reduction, and many have processes that encourage the implementation of waste reduction planning. The CCME also has some policies in place aimed at reducing waste generation, but little work has been done recently in this area for hazardous waste.
Under Section 188 in CEPA, 1999 Environment Canada has authority to require exporters or a class of exporters to prepare and implement a plan to reduce hazardous waste being exported for final disposal. Where plans are required, a written declaration of implementation of each stage of the plan is also required. Environment Canada has the authority to refuse to issue a permit to an exporter who does not comply with the requirement to prepare, submit or implement the plan or submission of the declaration. In using this authority, Environment Canada is required to take into consideration the benefits of using the nearest environmentally sound facility and changes in the quantity of goods the production of which generates hazardous waste to be disposed of. The Act does not specify what information must be included in any reduction plan or declaration or what form these documents nor does it say that Environment Canada must require these plans for all exports for final disposal.
Various considerations will need to be addressed in determining how to achieve this goal of reducing exports for final disposal and what to include in the revised regulations. Practical realities such as lack of capacity in Canada for certain specific waste types will have to be taken into consideration. The technical and economic feasibility of reduction at source and diversion to recycling will also have to be considered. It will also be appropriate to recognize that exports for final disposal constitute only a small percentage of the transboundary movements subject to EIHWR.
Most important will be determining which exporters or classes of exporters would be subject to this type of planning. Some exports for disposal are the result of one-time clean-up project while others are on-going activities. One particular challenge is that many exporters waste management companies that do not actually generate the wastes being shipped. These exporters would therefore be limited in their capacity to reduce generation at source but may be able to play a more important role in finding recycling opportunities for these hazardous wastes.
Finally, it will be important to account for potential linkages both to the pollution prevention planning requirements for toxic substances under Part 4 of CEPA, 1999 and to any similar provincial waste reduction/prevention programs. This will ensure that standards are not lower, and will avoid unnecessary duplication where other requirements for waste reduction already exist. In tern, this will reduce implementation costs for both industry and Environment Canada.
Stakeholders are invited to provide any suggestions on how the goal of reducing exports for final disposal can be achieved. Voluntary pilot projects with certain companies/sectors currently exporting hazardous waste for final disposal could be considered as a means to better understand the challenges that will be faced in implementing this goal.