Draft BAT/BEP GuidelinesDraft BAT/BEP Guidelines:: C Context and Developmentontext and Development

David OgdenDavid Ogden

Executive CoordinatorExecutive Coordinator

Secretariat of the Stockholm Secretariat of the Stockholm ConventionConvention

Stockholm Convention:Stockholm Convention:Regional Consultation on Draft BAT/BEP GuidelinesRegional Consultation on Draft BAT/BEP Guidelines

Buenos Aires, ArgentinaBuenos Aires, Argentina14-16 March 200514-16 March 2005

Article 5:Article 5: Unintentionally Produced POPs Unintentionally Produced POPs

Goal is the continuing minimization and, Goal is the continuing minimization and, where feasible, ultimate elimination of total where feasible, ultimate elimination of total releases of chemicals in Annex C derived from releases of chemicals in Annex C derived from anthropogenic sources (dioxins, furans, HCB, anthropogenic sources (dioxins, furans, HCB, PCBs)PCBs)

Parties mustParties must::• developdevelop action plans within 2 years of entry into force, action plans within 2 years of entry into force,

and implement their plansand implement their plans• promotepromote application of available, feasible and practical application of available, feasible and practical

measures to achieve realistic and meaningful levels of measures to achieve realistic and meaningful levels of release reduction or source eliminationrelease reduction or source elimination

• promotepromote development and, where appropriate, development and, where appropriate, requirerequire use of substitute or modified materials, products and use of substitute or modified materials, products and processes to prevent formation and release of POPsprocesses to prevent formation and release of POPs

Unintentionally Produced POPsUnintentionally Produced POPs

For sources with the For sources with the potential for comparatively potential for comparatively high formation & releasehigh formation & release of POPs to the of POPs to the environment (including but not limited to the environment (including but not limited to the industrial source categories listed in Annex C Part industrial source categories listed in Annex C Part II), Parties must:II), Parties must:• for for newnew sources: sources:

promotepromote and, as provided for in an action plan, and, as provided for in an action plan, requirerequire use use of best available techniques (BAT), of best available techniques (BAT),

phase in any BAT requirements as soon as practicable but phase in any BAT requirements as soon as practicable but no later than 4 yearsno later than 4 years after Convention enters into force, and after Convention enters into force, and

promotepromote use of best environmental practices (BEP) use of best environmental practices (BEP)

• for for existingexisting sources, in accordance with its action plan, sources, in accordance with its action plan, promotepromote the use of BAT & BEP the use of BAT & BEP

Article 5: Unintentionally Produced POPs: Article 5: Unintentionally Produced POPs: Annex C Part II SourcesAnnex C Part II Sources

(a)(a) Waste incinerators, including co-incinerators of Waste incinerators, including co-incinerators of municipal, hazardous or medical waste or of sewage municipal, hazardous or medical waste or of sewage sludge;sludge;

(b)(b) Cement kilns firing hazardous waste;Cement kilns firing hazardous waste;

(c)(c) Production of pulp using elemental chlorine or Production of pulp using elemental chlorine or chemicals generating elemental chlorine for bleaching;chemicals generating elemental chlorine for bleaching;

(d)(d) The following thermal processes in the metallurgical The following thermal processes in the metallurgical industry:industry:

(i)(i) Secondary copper production;Secondary copper production;(ii)(ii) Sinter plants in the iron and steel industry;Sinter plants in the iron and steel industry;(ii)(ii) Secondary aluminium production;Secondary aluminium production;(iii)(iii) Secondary zinc productionSecondary zinc production

Article 5: Unintentionally Produced POPs: Article 5: Unintentionally Produced POPs: Annex C Part IIIAnnex C Part III

Parties must Parties must promotepromote use of BAT & BEP for use of BAT & BEP for new and new and existingexisting sources: sources:

Open burning of waste, including burning of landfill sites;Open burning of waste, including burning of landfill sites; Thermal processes in the metallurgical industry not mentioned in Part II;Thermal processes in the metallurgical industry not mentioned in Part II; Residential combustion sources;Residential combustion sources; Fossil fuel-fired utility and industrial boilers;Fossil fuel-fired utility and industrial boilers; Firing installations for wood and other biomass fuels;Firing installations for wood and other biomass fuels; Specific chemical production processes releasing unintentionally formed Specific chemical production processes releasing unintentionally formed

persistent organic pollutants, especially production of chlorophenols and persistent organic pollutants, especially production of chlorophenols and chloranil;chloranil;

Crematoria;Crematoria;

Article 5: Unintentionally Produced POPs: Article 5: Unintentionally Produced POPs: Annex C Part III Annex C Part III (continued)(continued)

• Motor vehicles, particularly those burning Motor vehicles, particularly those burning

leaded gasoline;leaded gasoline;

• Destruction of animal carcasses;Destruction of animal carcasses;

• Textile and leather dyeing (with chloranil) Textile and leather dyeing (with chloranil)

and finishing (with alkaline extraction);and finishing (with alkaline extraction);

• Shredder plants for the treatment of end of Shredder plants for the treatment of end of

life vehicles;life vehicles;

• Smouldering of copper cables;Smouldering of copper cables;

• Waste oil refineries.Waste oil refineries.

Best Available Techniques (BAT)Best Available Techniques (BAT)

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

Best Environmental Practices Best Environmental Practices (BEP)(BEP)

"Best environmental practices" means "Best environmental practices" means the application of the most appropriate the application of the most appropriate combination of environmental control combination of environmental control measures and strategies.measures and strategies.

Article 5: Unintentionally Produced POPsArticle 5: Unintentionally Produced POPs

When applying best available techniques and When applying best available techniques and best environmental practices for the above, best environmental practices for the above, Parties should take into consideration:Parties should take into consideration:

• the general guidance on prevention and release reduction the general guidance on prevention and release reduction

measures in Annex C andmeasures in Annex C and

• guidelines on best available techniques and best guidelines on best available techniques and best

environmental practices to be adopted by decision of the environmental practices to be adopted by decision of the

Conference of the Parties (see subparagraphs (d) and (e) Conference of the Parties (see subparagraphs (d) and (e)

of Article 5).of Article 5).

Expert Group on BAT/BEPExpert Group on BAT/BEP Mandate and terms of reference established Mandate and terms of reference established

at INC6 (2003):at INC6 (2003):• Manageable sizeManageable size• Members to represent their regionsMembers to represent their regions• Operate by consensusOperate by consensus• 3 meetings authorized3 meetings authorized

Experts selected by countries, countries Experts selected by countries, countries selected by regional groups:selected by regional groups:• 18 from developing countries (5 Africa, 5 Asia, 5 18 from developing countries (5 Africa, 5 Asia, 5

GRULAC) and economies in transition (3)GRULAC) and economies in transition (3)• 18 from developed countries (WEOG)18 from developed countries (WEOG)• 4 from e-NGOs4 from e-NGOs• 4 from i-NGOs4 from i-NGOs• 2 from IGOs2 from IGOs

EGB MembersEGB Members

GRULAC: Argentina, Juan Carlos Colombo; GRULAC: Argentina, Juan Carlos Colombo; Chile, Sergio Vives; Dominican Republic, Chile, Sergio Vives; Dominican Republic, Indhira de Jesus Salcado; Mexico, Cristina Indhira de Jesus Salcado; Mexico, Cristina Cortinas de Nava; and Venezuela, Maria de Cortinas de Nava; and Venezuela, Maria de los Angeles Alvarezlos Angeles Alvarez

Africa: Algeria; Gabon, Kenya, Nigeria and Africa: Algeria; Gabon, Kenya, Nigeria and ZambiaZambia

Asia/Pacific: Fiji; Iran (Islamic Rep. of); Asia/Pacific: Fiji; Iran (Islamic Rep. of); Mongolia, Saudi Arabia; and SingaporeMongolia, Saudi Arabia; and Singapore

Eastern Europe: Kazakhstan, Poland and Eastern Europe: Kazakhstan, Poland and Serbia and MontenegroSerbia and Montenegro

EBG members (continued)EBG members (continued)

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

EGB observersEGB observers

IGOs: UNIDO and UNEPIGOs: UNIDO and UNEP Environmental NGOs: Greenpeace Environmental NGOs: Greenpeace

International; International POPs International; International POPs Elimination Network (2); and World-Wide Elimination Network (2); and World-Wide Fund for NatureFund for Nature

Industry NGOs: International Council of Industry NGOs: International Council of Chemical Associations; International Chemical Associations; International Council of Mining and Metals; The Council of Mining and Metals; The European Cement Association; and World European Cement Association; and World Chlorine CouncilChlorine Council

Expert Group on BAT/BEPExpert Group on BAT/BEP

Meetings:Meetings:

• 10-14 March, 2003 10-14 March, 2003 (RTP, USA)(RTP, USA)

• 8-12 December, 20038-12 December, 2003 (Villarrica, Chile)(Villarrica, Chile)

• 11-16 October, 200411-16 October, 2004 (Tokyo, Japan)(Tokyo, Japan)

Expert Group on BAT/BEPExpert Group on BAT/BEP

Additional material available to the Additional material available to the Group included:Group included:

Proceedings of regional workshop on BAT/BEP held Proceedings of regional workshop on BAT/BEP held in Bangkok, Thailand (13-15 March, 2002)in Bangkok, Thailand (13-15 March, 2002)

Proceedings of regional workshop on BAT/BEP held Proceedings of regional workshop on BAT/BEP held in Buenos Aires, Argentina (23-25 October, 2002)in Buenos Aires, Argentina (23-25 October, 2002)

Expert Group on BAT/BEPExpert Group on BAT/BEP

endorsed and reached consensus to forward the draft endorsed and reached consensus to forward the draft guidelines and guidance to the Conference of the Parties for guidelines and guidance to the Conference of the Parties for consideration and possible adoption consideration and possible adoption BUTBUT

• “…“…noted that while best available techniques and best noted that while best available techniques and best environmental practices for many of the specific source environmental practices for many of the specific source categories were complete and very well advanced, others categories were complete and very well advanced, others needed additional work….”needed additional work….”

agreed to recommend that the Conference of the Parties agreed to recommend that the Conference of the Parties adopt the draft guidelines and guidance on a provisional adopt the draft guidelines and guidance on a provisional basis pending completion of any additional workbasis pending completion of any additional work

The final meeting in Tokyo:The final meeting in Tokyo:

Expert Group on BAT/BEPExpert Group on BAT/BEP

The Expert Group also agreed that its report to The Expert Group also agreed that its report to the Conference of the Parties should reflect :the Conference of the Parties should reflect :

• developing country concerns on the socio-developing country concerns on the socio-economic impact of applying best available economic impact of applying best available techniques and the lack of capacity to do so, techniques and the lack of capacity to do so,

• the concurrent need for technical and financial the concurrent need for technical and financial assistance; andassistance; and

• the need for further work to continue to develop the need for further work to continue to develop

the guidelines.the guidelines.

Expert Group on BAT/BEPExpert Group on BAT/BEP

With regard to developing country concerns, the With regard to developing country concerns, the Expert Group:Expert Group:

• agreed to recommend to the Conference of the agreed to recommend to the Conference of the Parties that it consider special support to these Parties that it consider special support to these countries;countries;

• noted the special concerns of African countries noted the special concerns of African countries regarding the lack of waste management regarding the lack of waste management capacity; and capacity; and

• agreed to highlight this concern for urgent agreed to highlight this concern for urgent consideration by the Conference of Partiesconsideration by the Conference of Parties

Recommended Action by the Conference of Recommended Action by the Conference of the Partiesthe Parties

The Conference of the Parties may wish to:The Conference of the Parties may wish to:

• Consider the report by the co-chairs of the Expert Consider the report by the co-chairs of the Expert Group & the EGB’s draft guidelines & provisional Group & the EGB’s draft guidelines & provisional guidance;guidance;

• Identify further work to be undertaken and determine Identify further work to be undertaken and determine the modalities for completing the work;the modalities for completing the work;

• Adopt for immediate use by Parties pending further Adopt for immediate use by Parties pending further development, and with any amendments, the draft development, and with any amendments, the draft guidelines and provisional guidance; andguidelines and provisional guidance; and

• Identify the modalities for the regular updatingIdentify the modalities for the regular updating of the of the guidelines and provisional guidance.guidelines and provisional guidance.

Report by the Co-ChairsReport by the Co-Chairs(Further Work)(Further Work)

Clearinghouse mechanism/compendiumClearinghouse mechanism/compendium Special needs of developing countriesSpecial needs of developing countries Additional Guidance materialAdditional Guidance material Emission limits/targetsEmission limits/targets MonitoringMonitoring Policy (inclusion of sustainable Policy (inclusion of sustainable

development strategies)development strategies)