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COUNTY OF HAWAII _• STATE OF HAWAII
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RESOLUTION NO. 143 21
A RESOLUTION URGING THE COUNTY DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT TO ENSURE THAT DESTINATIONS TO WHICH
THE COUNTY OF HAWAII TRANSPORTS ITS RECYCLABLE WASTE FOR OUT-
OF-STATE PROCESSING ABIDE BY THE ENVIRONMENTAL STANDARDS
OUTLINED BY THE BASEL CONVENTION.
WHEREAS, in 2019, the State of Hawaii exported 5,250 tons of plastic, 4,250 tons of
aluminum, and 16,050 tons of glass and bi-metal for recycling; and
WHEREAS, Hawaii collection companies export the State's recyclable
waste to various locations around the world based on factors such as transport costs, pre-
existing contracts, and prevailing prices; and
WHEREAS, in countries where much of the exported recyclable waste from Hawaii is
sent, end -of -life processing is often conducted through procedures that harm human and
environmental health; and
WHEREAS, to help protect human and environmental health against adverse impacts
from the management of hazardous and other wastes, the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal, commonly referred to as
the Basel Convention, was adopted as a multilateral agreement through the United Nations
Environmental Program in 1989 and came into force in 1992; and
WHEREAS, the Basel Convention, of which the United States of America is a signatory,
has been described as the most comprehensive global environmental agreement on hazardous
wastes, with 179 parties and 53 signatories worldwide; and
WHEREAS, effective January 1, 2021, the Basel Convention was amended to require
trade controls for all mixed plastic waste not destined for environmentally -sound recycling; and
WHEREAS, on April 20, 2021, the Hawaii State legislature adopted House Concurrent
Resolution 27, SD 1, urging the State Department of Health — Environmental Management
Division to ensure that destinations to which the State's recyclable waste is transported for out-
of-state processing abide by the environmental standards as outlined by the Basel Convention
("Exhibit A") while simultaneously urging the counties to ensure the same; and
WHEREAS, the County of Hawaii Department of Environmental Management oversees
waste disposal and recycling for the County; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
County Department of Environmental Management is urged to ensure that destinations to which
the County transports its recyclable waste for out-of-state processing abide by the environmental
standards outlined by the Basel Convention.
BE IT FURTHER RESOLVED that the County Department of Environmental
Management work in coordination with the State Department of Health — Environmental
Management Division to share best practices and approaches, and avoid overlapping or contrary
initiatives while ensuring these environmental standards are met within its jurisdictions levels.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable Mitchell D. Roth, Mayor; Lee E. Lord, Managing Director; and
Ramzi I. Mansour, Director of the Department of Environmental Management.
Dated at Hilo
Hawaii, this 7th day of July , 2021
INTRODUCED BY:
OUNCIL MEM R, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on July 7, 2021
ATTEST:
PJ
ROLL CALL VOTE
Reference: C-282/RAWEEMGII
RESOLUTION NO. JL43 Z1.
AYES NOES
ABS EX
CHUNG
x
DAVID
X
INABA
X
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
LEE LOY .
x
RICHARDS
X
VILLEGAS
X
7 0
2 0
Reference: C-282/RAWEEMGII
RESOLUTION NO. JL43 Z1.
EXHIBIT A
1. What are the plastic waste amendments to the
Basel Convention?
The amendments refer to changes to the scope of the plastic wastes
covered by the Basel Convention, as decided in May 2019 that will have
a significant impact on the rules governing the movement of plastic
waste across international boundaries. The changes to the Basel
Convention were adopted by its governing body, the Conference of the
Parties (COP) in its decision BC -14/12. Through three amendments to
the annexes to the Convention, this decision specifies the new
categories of plastic waste that will be subject to the Convention's:
• control procedure for transboundary movements (Prior informed
Consent (PIC) procedure) and the conditions under which this
procedure applies or not;
• provisions pertaining to waste minimization;
• provisions pertaining to the environmentally sound management
of wastes.
The amendments as such do not imply a ban on the import, transit or
export of plastic waste but rather a clarification of when and how the
Convention applies to such waste.
Through decision BC -14/12, the COP approved the following changes to
three annexes to the Convention:
• Annex II (waste that requires special consideration: subject to the
PIC procedure): addition of new entry Y48 covering all plastic
waste, including mixtures of plastic waste, except for the plastic
waste covered by entries A3210 (in Annex VIII) and B3011 (in
Annex IX);
• Annex VIII (waste presumed to be hazardous: subject to the PIC
procedure): addition of new entry A3210 covering hazardous
plastic waste;
• Annex IX (waste presumed to not be hazardous: not subject to the
PIC procedure): addition of new entry 83011, replacing current
entry B3010 after a specific date, covering plastic waste consisting
exclusively of one non -halogenated polymer or resin, selected
fluorinated polymers or mixtures of polyethylene, polypropylene
and/or polyethylene terephthalate, provided the waste is destined
for recycling in an environmentally sound manner and almost free
from contamination and other types of wastes.
For the entire text of the new entries, see decision BC -14/12.
2. When do the new entries become effective?
The new entries will be effective as of 1 January 2021.
3. Which plastic wastes are currently subject to
control under the Basel Convention, i.e. before the
entries become effective?
Prior to 1 January 2021, plastic waste falls under the scope of the Basel
Convention provided they are classified as either:
• "Hazardous wastes', namely (a) wastes that belong to any
category contained in Annex I (e.g. plastic wastes containing lead
or halogenated organic compounds), unless they do not possess
any of the characteristics (e.g. ecotoxic) contained in Annex III;
and (b) wastes that are not covered under (a) but are defined as,
or are considered to be, hazardous wastes by the domestic
legislation of the Party of export, import or transit; or
• "Other wastes", which include wastes collected from households
or residues arising from the incineration of household wastes.
4. Which plastic wastes will be subject to the PIC
procedure once the new entries become effective?
As of 1 January 2021, the new plastic waste entries clarify the scope of
control under the Basel Convention for other types of plastic waste and
mixtures of plastic waste and the specific conditions under which
plastic waste is subject to the PIC procedure.
All plastic waste and mixtures of plastic wastes with the exception of
waste covered by entry 83011 (see below) will be subject to the PIC
procedure. This includes:
• Plastic waste classified as hazardous waste: new entry A3210
reads "Plastic waste, including mixtures of such waste, containing or
contaminated with Annex I constituents, to an extent that it exhibits an
Annex III characteristic (note the related entries Y48 in Annex II and on
list B B3011).". Examples of hazardous constituents that may be found
in plastic waste due to their use as additives in various applications are
lead compounds (used as heat or light stabilisers) and organohalogen
compounds (e.g. halogenated organic compounds used as flame
retardants);
Plastic waste requiring special consideration: new entry Y48
covers plastic waste, including mixtures of such wastes except for
those falling under entries A3210 or 83011. An example of a
plastic waste covered by Y48 is waste polyvinyl chloride.
5. Which plastic wastes will not be subject to the PIC
procedure once the entries become effective?
As specified in entry 83011, the following plastic waste will not be
subject to the PIC procedure, provided it is destined for recycling in an
environmentally sound manner and almost free from contamination
and other types of wastes:
• Plastic waste almost exclusively consisting of one non -halogenated
polymer. Such polymers include commonly used ones like
polyethylene, polypropelene and polyethelene terephthalate
( PET).
• Plastic waste almost exclusively consisting of one cured resin or
condensation product. Such resins include urea formaldehyde
resins and epoxy resins.
• Plastic waste almost exclusively consisting of one of the following
fluorinated polymers:
• Perfluoroethylene/propylene (FEP)
• Perfluoroalkoxy alkanes:
• Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA)
• Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA)
• Polyvinylfluoride (PVF)
• Polyvinylidenefluoride (PVDF)
The following mixtures of plastic waste will also not be subject to the
PIC procedure:
• Mixtures of plastic waste, consisting of polyethylene (PE),
polypropylene (PP) and/or polyethylene terephthalate (PET),
provided they are destined for separate recycling of each material
and in an environmentally sound manner, and almost free from
contamination and other types of wastes.
6. What is meant by "environmentally sound recycling"?
Footnotes to entries B3011 and Y48 clarify that in the case of recycling
of plastic waste almost exclusively consisting of one non -halogenated,
one cured resin or the fluorinated polymers covered by entry 83011,
recycling refers to recycling/reclamation of organic substances that are
not used as solvents (operation R3 in Annex IV, section B, to the Basel
Convention) or if needed, temporary storage limited to one instance,
provided that it is followed by recycling and evidenced by contractual
or relevant official documentation. In the case of mixtures of plastic
waste covered by entry 83011, sorting is to be undertaken prior to
recycling.
The technical guidelines on the identification and environmentally
sound management of plastic wastes and for their disposal provide
guidance on what is considered as environmentally sound recycling of
plastic waste. A version of the guidelines that was adopted by the
Conference of the Parties in 2002 is currently being revised by a
working group under the Basel Convention to facilitate implementation
of the amendments on plastic waste. Further information on the
Secretariat of the Basel, Rotterdam and Stockholm Conventions
01 11-13, Chemin des Anemones
1219 Chatelaine, Switzerland
M Tel: +4122 917 8271
Email: brs@brsmeaseas.or�
Website: www.basel.int
guidelines and its revision can be found here.
7. Will the new entries bind all Parties to the Basel
Convention?
The amendments and their new entries will bind all Parties except
those that declare they are unable to accept them by notifying the
Depository in writing by 24 March 2020 (i.e. within six months from 24
September 2019, the date on which the adoption of the amendments
were communicated to Parties by the Depositary). See also the status
of ratifications for more details.
8. What measures should Parties take once the entries
become effective?
It will be up to each Party to take the necessary measures to transpose
the new entries into national law, as needed and depending on its legal
system. Such measures should be taken in a timely manner to ensure
that, on 1 January 2021, each Party is in a position to implement the
provisions of the Basel Convention with respect to the plastic wastes
listed in entries A3210 and Y48. This includes applying the Prior
Informed Consent procedure in case of a transboundary movement of
such wastes, but also applying the Convention's provisions with respect
to minimizing waste generation and ensuring their environmentally
sound management.
To assist Parties with these new undertakings, the Conference of the
Parties has decided on a range of additional steps to ensure that, once
the entries become effective, the world is ready to overcome the
plastic waste challenge.
To start with, the Plastic Waste Partnership was established to provide
a global platform to bring together countries from all over the world,
working hand in hand with stakeholders from civil society and the
business community to promote the environmentally sound
management of plastic waste and prevent and minimize its generation.
For more information on the partnership, please see here. Additional
guidance on how to ensure, more generally, the environmentally sound
management of waste as well as waste prevention and minimization is
available in the ESM toolkit.
Equally important is the launch of additional technical and legal work:
• on how to develop an inventory of plastic wastes;
• on the updating of the technical guidelines on the identification
and environmentally sound management of Plastic wastes and for
their disposal
• to consider whether any additional constituents or characteristics
in relation to Plastic waste should be added to Annexes I or III.
respectively, to the Convention.
9. How can the Stockholm Convention support these
efforts?
The Stockholm Convention prohibits or restricts the production and use
of some of the most hazardous chemicals known as persistent organic
pollutants (POPs) and requires the environmentally sound
management of waste consisting of or containing POPS. Some of these
chemicals, e.g. polybrominated diphenyl ethers, have been added to
plastics to confer specific properties such as flame retardancy. The
sound management of plastic waste containing POPS is important to
reduce potential human and environmental exposure to these
chemicals which occur for example from uncontrolled burning of
plastic waste and leaching from microplastics into the marine
environment. By preventing the use of POPS in plastic and the recycling
of POPS, the Stockholm Convention facilitates the environmentally
sound management of plastic waste. This provides opportunities to
address the problem at different stages of the life cycle.
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