File: US_Customs_data_5_codes_10-15-12_chart_updated4Tab: 540 and 580 bar chart total
Marco A. Heredia: PRTR Reporting and the Trans-boundary Movement and Recycling of Spent Lead-Acid Batteries (SLABs) in North America
PRTR reporting and the process to report theTrans-boundary Movement and Recycling ofSpent Lead-Acid Batteries in North America(SLABs) Marco A. Heredia-Fragoso Program Manager Environmental Law Commission for Environmental Cooperation 30 October, 2012
Why SLABs? Public and community health issue Increased exports from US A NAFTA pollution haven? Trade-environment impact of NA industry Legacy contamination JPAC Advice 11-04
Process and Engagement Multi-stakeholder consultation Government: (ad-hoc ex- officio): US EPA, EC, Semarnat, Profepa Industry: ABR, BCI, JCI, RSR, others NGOs: OK International, Fronteras Comunes, etc. 10 smelter/recycling visits: Mex, US, Can Ongoing public consultation Mexico forum October Report and recommendations - November
Questions:1. Driving forces for SLAB exports from the US to Mexico and Canada?2. To what extent are different (environmental) regulatory requirements and compliance costs a factor?3. Public health and environmental consequences of growth in SLAB recycling in either Mexico or Canada?4. Are the environmental controls on smelting/recycling appropriate/adequate in Mexico, US and Canada?5. How effective are the SLABs export/import controls?6. What steps can be taken to improve the environmental management of SLABs in Mexico, in the United States, and Canada?
Initial findings: 1. Raw data shows show increased US SLAB exports to Mexico 2. How SLABs are recycled is more critical than where they may be sourced Regulatory – Identification of secondary lead smelting facilities – Coverage and compliance – Public health issues 3. Opportunities to enhance Mexicos Regulatory, Enforcement, and Reporting Regime
US Exports of SLABs HT codes 540 and 580 500 Millions 450 400 350 300Kg 250 Canada 200 Mexico World 150 100 50 0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Year
Information gathering:The role of PRTR data1. Lead is a common substance to PRTR programs: NPRI, TRI and RETC2. Publicly available information included in PRTRs, and concentrated in Tacking stock, is serving as a valuable benchmark of the performance of North American secondary lead-smelting industry3. This approach has allowed us to identify secondary lead-smelting facilities, and to analyze their reported performance at a sub- continental level4. Analysis of PRTR data has been useful to pinpoint significant gaps in the regulatory and compliance assurance regime, notably in Mexico
Gaps – Inconsistent regulatory informationon secondary lead-smelting facilitiesThese are the results of the Secretariat’s request on SLS facilities:1. To SEMARNAT-DGIRA: 25 companies (Environmental Impact and Risks Assessment authorizations)2. To SEMARNAT-DGGIMAR: 37 companies; 3 management plans (recycling and management of hazardous wastes authorizations)3. To SEMARNAT-DGGCARETC: 29 companies (air emissions authorizations)
Gaps – Identification of secondary leadEnvironmental Impact Assessment (MIA) authorized smelting facilities in MX 16Companies (number) 14 12 10 8 6 4 2 0 With EIA With MIA Started before 1988 No MIA information No EIA Information (LGEEPA)
Location of facilities MIA Started before 88 (LGEEPA) No MIA information
Number of secondary lead smelting facilities inNA The Secretariat has identified the following Secondary Lead Smelters: 1. Canada: 5 2. United States: 16 3. Mexico: 25 Of the 25 identified facilities in Mexico, data (for preliminary 2010 data, and before) was not publicly available for 12 facilities for lead- emissions in September 2012.
Gaps in Mexico’s Legal, Regulatory, Regime– Disparity vis-a-vis prevailing US standards for lead at the environmental (ambient-air, stack-emissions, specific sector emissions standards) and OHS standards for medical removal– Does not apply requirement for companies to report air emission data consistently across the secondary lead smelting industry– Recycling and smelting of lead are considered to be different operations with different regulatory implications– Unfinished framework of norms and standards necessary to fully uphold existing environmental law: • Unfinished regulations that would address outstanding hazardous waste management issues in the industry • standards for the construction, operation, closure of secondary lead smelters • remediation standard for sites contaminated with lead
Potential Areas of Recommendation1. Raising the Bar2. Filling the Gaps – Regulatory – Public Health – Coverage and Compliance3. Data Improvements4. Encouraging Best Practices5. Support Compliance
Three Countries. One Environment.Commission for Environmental Cooperation