Handling, Treatment, Transportation, and Disposal of Hazardous Materials

• Author: Tzvi Levinson and Jennifer Wills
• Pages: 101-121

CHAPTER 7

Handling, Treatment, Transportation,

and Disposal of Hazardous Materials

TZVI LEVINSON AND JENNIFER WILLS

I. Introduction

Chemicals are used throughout every sector of society and in greater quanti-

ties each year, particularly in developing countries and countries with econo-

mies in transition.1 Chemicals benefit society but can harm human health

and the environment if not handled, used, and disposed of properly. Coun-

tries of all development levels realize the economic benefits from chemicals.

Since chemical use will continue to grow, governments will continue to focus

on reducing their environmental and human impacts.2

The regulation of chemicals and hazardous substances on a domestic

level or international level is complicated due to the number of chemicals in

commerce and their vast global supply chain.3 In understanding domestic

regulation of chemicals, a primary issue is how the regulating country (e.g.,

country of import or manufacture) defines the chemical or substance at issue.

For example, is it classified as a “hazardous chemical substance,”4 “hazard-

ous waste,”5 “dangerous good,”6 “substance,”7 or pesticide? These defini-

tions vary from country to country, and when exporting, it is important to

know the importing country’s approach.

Against this backdrop, this chapter seeks to sensitize practitioners to some

of the most important international approaches, norms, and legal instruments

governing chemical and hazardous waste management globally. Section II

covers various treaties and agreements governing chemicals and hazardous

substances that merit attention. Section III covers principles that may be

embedded in various countries’ domestic laws. Finally, section IV discusses

the key features of domestic chemical and hazardous substance regulation,

and certain substances and materials that have increasingly been the focus of

new chemicals regulation.

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II. Treaties and Agreements Governing Chemicals

and Hazardous Materials

A number of treaties establish certain norms and methods for cooperating in

the management of chemicals and hazardous materials.

A. NAFTA Commission for Environmental Cooperation (CEC)

In 1994 Mexico, the United States, and Canada negotiated the North Ameri-

can Free Trade Agreement (NAFTA).8 The Sound Management of Chemicals

program sets forth the goals of chemicals management in NAFTA member

countries, and provides a mechanism for coordination among NAFTA chem-

ical regulators. Goals of the program include developing better data and

tools to monitor chemicals (e.g., developing an inventory in Mexico of indus-

trial chemicals) and reducing the risks posed by certain chemicals of con-

cern, such as mercury. In May 2012, the CEC convened the Chemicals

Management Forum, which discussed the progress and future of the CEC

Sound Management of Chemicals program and provided a medium for

information sharing among participants.9

B. Rotterdam Convention on the Prior Informed

Consent Procedure for Certain Hazardous

Chemicals and Pesticides in International Trade

The Rotterdam Convention is an agreement concerning the prior notification

and consent to the international trade of hazardous chemicals and pesticides.

The convention was adopted in 1998 and came into force in February 2004.

As of August 2013, 153 states have joined the Rotterdam Convention.10

The Rotterdam Convention currently applies to a list of 43 substances (32

pesticide materials and 11 industrial materials). For each of the listed chemi-

cals, parties receive a guidance document containing information about the

risks of handling and use of the substance. Each party must then decide

whether to allow, prohibit, or restrict the import of the listed chemical. All

parties are obligated to ensure chemicals subject to the convention are not

exported contrary to the decision of an importing party.11 For chemicals that

are not listed, parties are nonetheless obligated to inform the Convention

Secretariat if a chemical is banned or restricted under national regulation,

and such notifications are shared regularly with the other parties.12 Such

notifications play an important role in disseminating information on hazard-

ous chemicals, and identifying candidates for listing under the convention.

C. Stockholm Convention on Persistent Organic Pollutants

In 2001, under the Stockholm Convention on Persistent Organic Pollutants,

countries agreed to reduce or eliminate a category of substances known as

persistent organic pollutants (POPs) that are harmful to human health and

102 INTERNATIONAL ENVIRONMENTAL LAW