Draft BAT/BEP Guidelines : C ontext and Development

1. Draft BAT/BEP Guidelines: Context and Development David Ogden Executive Coordinator Secretariat of the Stockholm Convention Stockholm Convention: Regional Consultation on Draft BAT/BEP Guidelines Buenos Aires, Argentina 14-16 March 2005

2. Article 5: Unintentionally Produced POPs • Goal is the continuing minimization and, where feasible, ultimate elimination of total releases of chemicals in Annex C derived from anthropogenic sources (dioxins, furans, HCB, PCBs) • Parties must: • develop action plans within 2 years of entry into force, and implement their plans • promote application of available, feasible and practical measures to achieve realistic and meaningful levels of release reduction or source elimination • promote development and, where appropriate, require use of substitute or modified materials, products and processes to prevent formation and release of POPs

3. Unintentionally Produced POPs • For sources with the potential for comparatively high formation & release of POPs to the environment (including but not limited to the industrial source categories listed in Annex C Part II), Parties must: • for new sources: • promote and, as provided for in an action plan, require use of best available techniques (BAT), • phase in any BAT requirements as soon as practicable but no later than 4 years after Convention enters into force, and • promote use of best environmental practices (BEP) • for existing sources, in accordance with its action plan, promote the use of BAT & BEP

4. Article 5: Unintentionally Produced POPs: Annex C Part II Sources (a)Waste incinerators, including co-incinerators of municipal, hazardous or medical waste or of sewage sludge; (b) Cement kilns firing hazardous waste; (c) Production of pulp using elemental chlorine or chemicals generating elemental chlorine for bleaching; (d) The following thermal processes in the metallurgical industry: • Secondary copper production; • Sinter plants in the iron and steel industry; • Secondary aluminium production; • Secondary zinc production

5. Article 5: Unintentionally Produced POPs: Annex C Part III Parties must promote use of BAT & BEP for new and existing sources: • Open burning of waste, including burning of landfill sites; • Thermal processes in the metallurgical industry not mentioned in Part II; • Residential combustion sources; • Fossil fuel-fired utility and industrial boilers; • Firing installations for wood and other biomass fuels; • Specific chemical production processes releasing unintentionally formed persistent organic pollutants, especially production of chlorophenols and chloranil; • Crematoria;

6. Article 5: Unintentionally Produced POPs: Annex C Part III (continued) • Motor vehicles, particularly those burning leaded gasoline; • Destruction of animal carcasses; • Textile and leather dyeing (with chloranil) and finishing (with alkaline extraction); • Shredder plants for the treatment of end of life vehicles; • Smouldering of copper cables; • Waste oil refineries.

7. Best Available Techniques (BAT) • "Best available techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for release limitations designed to prevent and, where that is not practicable, generally to reduce releases of chemicals listed in Part I of Annex C and their impact on the environment as a whole…

8. Best Environmental Practices (BEP) • "Best environmental practices" means the application of the most appropriate combination of environmental control measures and strategies.

9. Article 5: Unintentionally Produced POPs • When applying best available techniques and best environmental practices for the above, Parties should take into consideration: • the general guidance on prevention and release reduction measures in Annex C and • guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties (see subparagraphs (d) and (e) of Article 5).

10. Expert Group on BAT/BEP • Mandate and terms of reference established at INC6 (2003): • Manageable size • Members to represent their regions • Operate by consensus • 3 meetings authorized • Experts selected by countries, countries selected by regional groups: • 18 from developing countries (5 Africa, 5 Asia, 5 GRULAC) and economies in transition (3) • 18 from developed countries (WEOG) • 4 from e-NGOs • 4 from i-NGOs • 2 from IGOs

11. EGB Members • GRULAC: Argentina, Juan Carlos Colombo; Chile, Sergio Vives; Dominican Republic, Indhira de Jesus Salcado; Mexico, Cristina Cortinas de Nava; and Venezuela, Maria de los Angeles Alvarez • Africa: Algeria; Gabon, Kenya, Nigeria and Zambia • Asia/Pacific: Fiji; Iran (Islamic Rep. of); Mongolia, Saudi Arabia; and Singapore • Eastern Europe: Kazakhstan, Poland and Serbia and Montenegro

12. EBG members (continued) • Western Europe and others: Australia; Austria; Canada; Denmark; Finland; France; Germany (2); Iceland; Italy; Japan; New Zealand; Republic of Korea; Sweden; Switzerland; Turkey; United Kingdom; United States of America

13. EGB observers • IGOs: UNIDO and UNEP • Environmental NGOs: Greenpeace International; International POPs Elimination Network (2); and World-Wide Fund for Nature • Industry NGOs: International Council of Chemical Associations; International Council of Mining and Metals; The European Cement Association; and World Chlorine Council

14. Expert Group on BAT/BEP • Meetings: • 10-14 March, 2003 (RTP, USA) • 8-12 December, 2003 (Villarrica, Chile) • 11-16 October, 2004 (Tokyo, Japan)

15. Expert Group on BAT/BEP Additional material available to the Group included: • Proceedings of regional workshop on BAT/BEP held in Bangkok, Thailand (13-15 March, 2002) • Proceedings of regional workshop on BAT/BEP held in Buenos Aires, Argentina (23-25 October, 2002)

16. Expert Group on BAT/BEP • endorsed and reached consensus to forward the draft guidelines and guidance to the Conference of the Parties for consideration and possible adoption BUT • “…noted that while best available techniques and best environmental practices for many of the specific source categories were complete and very well advanced, others needed additional work….” • agreed to recommend that the Conference of the Parties adopt the draft guidelines and guidance on a provisional basis pending completion of any additional work The final meeting in Tokyo:

17. Expert Group on BAT/BEP • The Expert Group also agreed that its report to the Conference of the Parties should reflect : • developing country concerns on the socio-economic impact of applying best available techniques and the lack of capacity to do so, • the concurrent need for technical and financial assistance; and • the need for further work to continue to develop the guidelines.

18. Expert Group on BAT/BEP • With regard to developing country concerns, the Expert Group: • agreed to recommend to the Conference of the Parties that it consider special support to these countries; • noted the special concerns of African countries regarding the lack of waste management capacity; and • agreed to highlight this concern for urgent consideration by the Conference of Parties

19. Recommended Action by the Conference of the Parties • The Conference of the Parties may wish to: • Consider the report by the co-chairs of the Expert Group & the EGB’s draft guidelines & provisional guidance; • Identify further work to be undertaken and determine the modalities for completing the work; • Adopt for immediate use by Parties pending further development, and with any amendments, the draft guidelines and provisional guidance; and • Identify the modalities for the regular updatingof the guidelines and provisional guidance.

20. Report by the Co-Chairs(Further Work) • Clearinghouse mechanism/compendium • Special needs of developing countries • Additional Guidance material • Emission limits/targets • Monitoring • Policy (inclusion of sustainable development strategies)