HomeMy WebLinkAboutAgenda 5b(ii) - RES 143 Draft 01 2020-2022cP.•
COUNTY OF HAWAII STATE OF HAWAII
art Of•HA.N
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.
i
i
I
Dated at Hawai`i, this day of 20
INTRODUCED BY:
OUNCIL MEM R, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the
KANEALI`I-KLEINFELDER
County of Hawaii on
KIERKIEWICZ
KIMBALL
ATTEST: LEE LOY
RICHARDS
VILLEGAS
Reference: C-282/RAWEEMC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 143 21
2
EXHIBIT A
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1. What are the plastic waste amendments to the for recycling in an environmentally sound manner and almost free
Basel Convention? from contamination and other types of wastes.
For the entire text of the new entries,see decision BC-14/12.
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 2. When do the new entries become effective?
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 The new entries will be effective as of 1 January 2021.
Parties(COP) in its decision BC-14/12.Through three amendments to
the annexes to the Convention, this decision specifies the new 3. Which plastic wastes are currently subject to
categories of plastic waste that will be subject to the Convention's:
control under the Basel Convention, i.e. before the
control procedure for transboundary movements (Prior informed entries become effective?Consent (PIC) procedure) and the conditions under which this
procedure applies or not;
Prior to 1 January 2021,plastic waste falls under the scope of the Basel
provisions pertaining to waste minimization; Convention provided they are classified as either:
provisions pertaining to the environmentally sound management Hazardous wastes', namely (a) wastes that belong to any
of wastes. category contained in Annex I (e.g. plastic wastes containing lead
The amendments as such do not imply a ban on the import,transit or or halogenated organic compounds), unless they do not possess
export of plastic waste but rather a clarification of when and how the any of the characteristics (e.g. ecotoxic) contained in Annex III;
Convention applies to such waste. and(b)wastes that are not covered under(a)but are defined as,
h decision BC-14/12,the COP a
or are considered to be, hazardous wastes by the domestic
Through approved the following changes to legislation of the Party of export,import or transit;or
three annexes to the Convention:
Other wastes", which include wastes collected from households
Annex II(waste that requires special consideration:subject to the
or residues arising from the incineration of household wastes.
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 4. Which plastic wastes will be subject to the PIC
Annex IX);procedure once the new entries become effective?
Annex VIII (waste presumed to be hazardous: subject to the PIC
procedure): addition of new entry A3210 covering hazardous As of 1 January 2021,the new plastic waste entries clarify the scope of
plastic waste; control under the Basel Convention for other types of plastic waste and
Annex IX(waste presumed to not be hazardous:not subject to the mixtures of plastic waste and the specific conditions under which
PIC procedure): addition of new entry 83011, replacing current plastic waste is subject to the PIC procedure.
entry B3010 after a specific date,covering plastic waste consisting All plastic waste and mixtures of plastic wastes with the exception of
exclusively of one non-halogenated polymer or resin, selected waste covered by entry 83011 (see below) will be subject to the PIC
fluorinated polymers or mixtures of polyethylene, polypropylene procedure.This includes:
and/or polyethylene terephthalate,provided the waste is destined
Plastic waste classified as hazardous waste: new entry A3210 guidelines and its revision can be found here.
reads "Plastic waste, including mixtures of such waste, containing or
contaminated with Annex I constituents,to an extent that it exhibits an
7 Will the new entries bind all Parties to the BaselAnnexIIIcharacteristic(note the related entries Y48 in Annex II and on
list B B3011).". Examples of hazardous constituents that may be found Convention?
in plastic waste due to their use as additives in various applications are
lead compounds (used as heat or light stabilisers) and organohalogen The amendments and their new entries will bind all Parties except
compounds (e.g. halogenated organic compounds used as flame those that declare they are unable to accept them by notifying the
retardants); 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
Plastic waste requiring special consideration: new entry Y48 were communicated to Parties by the Depositary). See also the status
covers plastic waste,including mixtures of such wastes except for of ratifications for more details.
those falling under entries A3210 or 83011. An example of a
plastic waste covered by Y48 is waste polyvinyl chloride.
8.What measures should Parties take once the entries
become effective?
5.Which plastic wastes will not be subject to the PIC
procedure 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
As specified in entry 83011, the following plastic waste will not be system.Such measures should be taken in a timely manner to ensure
subject to the PIC procedure,provided it is destined for recycling in an that, on 1 January 2021, each Party is in a position to implement the
environmentally sound manner and almost free from contamination provisions of the Basel Convention with respect to the plastic wastes
and other types of wastes: listed in entries A3210 and Y48. This includes applying the Prior
Plastic waste almost exclusively consisting of one non-halogenated Informed Consent procedure in case of a transboundary movement of
polymer. Such polymers include commonly used ones like such wastes,but also applying the Convention's provisions with respect
polyethylene, polypropelene and polyethelene terephthalate to minimizing waste generation and ensuring their environmentallyPET).
sound management.
Plastic waste almost exclusively consisting of one cured resin or
condensation product. Such resins include urea formaldehyde To assist Parties with these new undertakings, the Conference of the
resins and epoxy resins. Parties has decided on a range of additional steps to ensure that,once
Plastic waste almost exclusively consisting of one of the following the entries become effective, the world is ready to overcome the
fluorinated polymers: plastic waste challenge.
Perfluoroethylene/propylene(FEP) To start with,the Plastic Waste Partnership was established to provide
Perfluoroalkoxy alkanes: a global platform to bring together countries from all over the world,
working hand in hand with stakeholders from civil society and theTetrafluoroethylene/perfluoroalkyl vinyl ether(PFA) business community to promote the environmentally sound
Tetrafluoroethylene/perfluoromethyl vinyl ether(MFA) management of plastic waste and prevent and minimize its generation.
Polyvinylfluoride(PVF) For more information on the partnership, please see here. Additional
guidance on how to ensure,more generally,the environmentally soundPolyvinylidenefluoride(PVDF)
management of waste as well as waste prevention and minimization is
The following mixtures of plastic waste will also not be subject to the available in the ESM toolkit.
PIC procedure: Equally important is the launch of additional technical and legal work:
Mixtures of plastic waste, consisting of polyethylene (PE), on how to develop an inventory of plastic wastes;
polypropylene (PP) and/or polyethylene terephthalate (PET), on the updating of the technical guidelines on the identification
provided they are destined for separate recycling of each material and environmentally sound management of plastic wastes and for
and in an environmentally sound manner, and almost free from their disposal
contamination and other types of wastes.
to consider whether any additional constituents or characteristics
in relation to plastic waste should be added to Annexes I or III.
6.What is meant by"environmentally sound recycling"? respectively,to the Convention.
Footnotes to entries B3011 and Y48 clarify that in the case of recycling 9.How can the Stockholm Convention support these
of plastic waste almost exclusively consisting of one non-halogenated, efforts?
one cured resin or the fluorinated polymers covered by entry 83011,
recycling refers to recycling/reclamation of organic substances that are The Stockholm Convention prohibits or restricts the production and use
not used as solvents(operation R3 in Annex IV,section B,to the Basel of some of the most hazardous chemicals known as persistent organic
Convention) or if needed,temporary storage limited to one instance, pollutants (POPs) and requires the environmentally sound
provided that it is followed by recycling and evidenced by contractual management of waste consisting of or containing POPS.Some of these
or relevant official documentation. In the case of mixtures of plastic chemicals, e.g. polybrominated diphenyl ethers, have been added to
waste covered by entry 83011, sorting is to be undertaken prior to plastics to confer specific properties such as flame retardancy. The
recycling. sound management of plastic waste containing POPS is important to
The technical guidelines on the identification and environmentally reduce potential human and environmental exposure to these
sound management of plastic wastes and for their disposal provide chemicals which occur for example from uncontrolled burning of
guidance on what is considered as environmentally sound recycling of plastic waste and leaching from microplastics into the marine
plastic waste. A version of the guidelines that was adopted by the environment.By preventing the use of POPS in plastic and the recycling
Conference of the Parties in 2002 is currently being revised by a of POPS, the Stockholm Convention facilitates the environmentally
working group under the Basel Convention to facilitate implementation sound management of plastic waste. This provides opportunities to
of the amendments on plastic waste. Further information on the address the problem at different stages of the life cycle.
Secretariat of the Basel,Rotterdam and Stockholm Conventions
01 11-13,Chemin des Anemonesai
1219 Chatelaine,Switzerland ta, UN ~'
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Tel:+41 22 917 8271 environment
Email:brs@brsmeas.orBASEL CONVENTION programme
Website:www.basel.int