Canada and Agenda
21Canada and Agenda
21
CHAPTER 19
Environmentally Sound Management of Toxic Chemicals Including Prevention of Illegal International Traffic in Toxic and Dangerous Products
-- Gordon Clifford --
Gordon Clifford is a consultant with Consulting and Audit Canada. The views presented in this chapter are those of the author who received comments from a number of stakeholders, and do not represent the views of Consulting and Audit Canada or the Projet de Société.
THE NATURE OF THE PROBLEM
While substantial use of chemicals is generally recognized as essential to meet the social and economic goals of the world community, there are two major problems, particularly as pertains to developing countries (DCs). First, there is a lack of sufficient scientific information on a great number of chemicals. As a result, the proper assessment of risks associated with use of these chemicals can be insufficient or non-existent. Second, there is a lack of resources available to undertake the assessment of the effects of chemicals for which data is available.
To provide perspective on the importance of this chapter to global environmental management and sustainable development, some facts are helpful:
although there are approximately 100,000 chemicals in commercial production, 1500 of these account for 95 per cent of production;
every day 3 to 5 new chemicals enter the marketplace;
every day approximately one million tons of hazardous wastes are generated in the world, 90% of this comes from the industrialized world;
about 85% of chemicals used in Canada are imported;
toxic chemicals usually exhibit at least one of the following three properties - persistent, bioaccumulative or toxic.
The effects of handling toxic substances are often delayed. Associated environmental and health problems may not manifest themselves for many years. Gradual and often undetected leaching of toxic chemicals into groundwater and genetic damage resulting from exposure to certain toxic chemicals, are two examples of problems which may only emerge over time. These help to explain the lack of a sense of immediacy that can is often sensed in discussions about toxic chemicals.
While certain problems take time to detect, others, such as the synergistic effects of releasing numerous toxic chemicals into the same ecosystem, are often simply unknown.
There is concern on the part of many countries that the international movement of toxic and dangerous products is frequently carried out in contravention of existing national legislation and international laws, to the detriment of the environment and public health in all countries, particularly developing countries.
This chapter characterizes the problem of toxic chemicals as follows - toxic chemicals are necessary to economic growth and yet they pose a serious environmental threat if not handled correctly, and as such it focuses on the management of risks.
PROGRAM AREAS AND OBJECTIVES
The following six programme areas, along with their corresponding objectives are outlined in Chapter 19.
(1) Expanding and accelerating international assessment of chemical risks.
Strengthen international risk assessment.
Produce guidelines for acceptable exposure for a greater number of toxic chemicals.
(2) Harmonization of classification and labelling of chemicals.
Establish a globally harmonized hazard classification and compatible labelling system by the year 2000.
(3) Information exchange on toxic chemicals and chemical risks.
Promote intensified exchange of information on chemical safety, use and emissions.
Achieve by the year 2000, as feasible, full participation in, and implementation of, the Prior Informed Consent (PIC) procedure.
(4) Establishment of risk reduction programs.
Eliminate unacceptable or unreasonable risks and, to the extent economically feasible, reduce risks posed by toxic chemicals, by employing a broad-based approach.
(5) Strengthening of national capabilities and capacities for management of chemicals.
By the year 2000, national systems for environmentally sound management of chemicals, including legislation and provisions for implementation and enforcement, should be in place in all countries to the extent possible.
(6) Prevention of illegal international traffic in toxic and dangerous products.
Reinforce national capacities to detect and halt any illegal attempt to introduce toxic and dangerous products into the territory of any State.
Assist all countries, particularly developing countries, in obtaining all appropriate information concerning illegal traffic in toxic and dangerous products.
CANADIAN POSITIONS AT RIO
1. Official Canadian Position
Canadian objectives during the PrepCom sessions leading to this chapter were the following:
(1)to promote the life cycle (cradle to grave) approach to management of chemicals;
(2)to promote thorough prior assessment of economic, health, safety and environmental consequences of control measures and alternative technologies considered for adoption in the national management of chemicals;
(3)to encourage adoption of measures that will assist developing countries to develop the expertise and legislative infrastructure needed to be able to take timely and informed decisions on their own regarding the use of chemicals;
(4)to seek to promote adoption of compatible approaches to chemical management by countries;
(5)to seek to ensure that terminology used in the paper is well understood, consistent with the use in other fora and does not inappropriately cover non-toxic chemicals or adversely affect activities such as recycling; and
(6)to encourage harmonization of classification and labelling systems.
A key issue for Canada was deletion of text calling for bans or phase-out of asbestos and organohalogens. After lengthy discussion at PrepCom IV there was acceptance of Canada's proposal to make it clear throughout the text that product substitution should be a last step to be used for chemicals which pose an unreasonable and otherwise unmanageable risk. To reach this agreement, Canada accepted wording that also reflected the European Community's position, namely that chemicals that are toxic, persistent and bioaccumulative and that cannot be adequately controlled, should be phased out.
Recognition at the PrepComs of the need for international cooperation in the development of hazard and risk data through strengthening the International Program on Chemical Safety (IPCS) was consistent with the Canadian objectives to promote compatible international chemical management.
This chapter can be considered a success from Canada's point of view, as all Canadian objectives were met.
2. Non-Governmental Organizations
In general, the NGO position on this chapter was that toxic chemicals and their usage should be approached from a position favouring restraint and prevention. This position compares to the government, business & industry view supporting reduction, but mostly proper management, of toxic chemicals.
In addition, the NGO community is concerned that it be involved in policy making around toxic chemicals. Although the chapter encourages the role of "community right-to-know programs", it has nonetheless been criticized for giving insufficient emphasis to community involvement and participation in all aspects of decision-making and management pertaining to toxic substances; the main efforts in such decision-making are relegated to governments and industry.
3. Business and Industry
The position of Canadian business and industry was essentially consistent with the Federal Government position at UNCED.
4. Indigenous
Indigenous Peoples recommended that their territories and lands should be protected from the affects and dumping of toxic chemicals. There is a need for the development of protocols which requires the involvement of Indigenous Peoples at all levels of discussion and decision making since international activities always affect Indigenous Peoples. Under Agenda 21, Indigenous Peoples were to be informed, consulted and allowed to participate at the national level for decision making. Support is required from all levels of government, industry and other NGOs to assist Indigenous Peoples to maintain their own NGOs.
Toxic chemicals should be restricted and prohibited rather than managed.
COMMITMENTS MADE BY CANADIANS
1. Legally-Binding Documents
None.
2. Political Pronouncements
During then Minister of the Environment Jean Charest's disclosure of the National Statement of Canada, on June 11 1992 at UNCED, Charest announced that Canada would reduce its waste production by 50% by the year 2000. While not directly related to toxic chemicals, this pronouncement is relevant in the broader waste management context in which toxic chemicals need ultimately to be considered.
3. Alternative NGO Treaties and Kari-Oca
NGO Treaties
At the same time as UNCED, two major international events were also held at Rio. One was the International Non-Governmental Organization Forum (Global Forum). At the Global Forum, 3,100 NGOs discussed a number of matters related to environment and development and produced a parallel set of documents: an NGO Earth Charter and 38 Alternative NGO Treaties. Canadian NGOs played a significant role in developing the Treaties and took a lead in coordinating their dissemination. Of these treaties, one addressed the issues discussed in Chapter 19.
Treaty on Waste
Principles agreed upon at the Global Forum to counter the waste problem include: work to reach the goal of zero production of hazardous and nuclear wastes; promote local, democratic decision-making about waste; get producers to fund the cost of creating solutions. Industrial, nuclear and hazardous waste must be kept in the country that produced it, and countries may not effect neighbours with their waste disposal. As an emergency measure, strict regulations which exist in some countries now, should be extended to the global community until a realistic international code can be implemented.
In addition to waste-reducing actions outlined in other treaties, the Treaty on Waste suggests that a permanent inventory of accidents, transportation routes and potential problems should be developed. By encouraging research on appropriate technologies, services, quality and cost of waste management, governments and NGOs can help provide communities with a basis for their decisions. Through networks, the export of technical expertise on waste issues can be facilitated. Source separation and recycling of urban wastes should be worked toward and NGOs should mobilize against waste incinerators. Finally, the Treaty suggests NGOs should form pressure groups for a tax on the use of chemicals and their emissions as a disincentive to industry for their abuse.
Kari-Oca
The second alternative forum at Rio was the International Conference on Territory, Environment and Development (the Kari-Oca Conference). The Kari-Oca Conference was held immediately prior to UNCED by and for the world's indigenous peoples. More than 650 indigenous representatives participated in meetings and cultural events during the conference. They developed and adopted a 109-point Indigenous Peoples Earth Charter.
DEFICIENCIES, GAPS AND CONSTRAINTS WITHIN CHAPTER 19
Although the chapter encourages the role of "community right-to-know programs", it has nonetheless been criticized for giving insufficient emphasis to community involvement and participation in all aspects of decision-making and management pertaining to toxic substances. Much of decision-making remains in the hands of government and industry. The chapter gives little indication that the groups directly concerned with the issue of toxic chemicals (workers in chemical factories, peasants using pesticides) will have any say in the decisions and management of such chemicals.
Some labour groups in Canada have expressed concern that the chapter focuses on the management of risk rather than the reduction of hazards. Programme areas focus on information, classification, assessment, risk management and the movement of toxic products. While these may assist workers and others in managing toxic chemicals, they do not deal with the reduction or elimination of chemical hazards. Labour's sense is that the kind of risk analysis emphasized in this chapter will do little to reduce chemical hazards worldwide. More emphasis should have been place on hazard reduction or elimination.
Related to Chapter 19, some NGOs felt that the separation of the waste issues into separate chapters was not beneficial, detracted from consideration of the entire waste issue, and lost the linkages between the various types of wastes. In particular the separation of hazardous waste, toxic chemicals and radioactive wastes was questioned in that they are related both in nature and remediation approaches. This concern is emphasized in that the four chapter on waste were not consistent in their general approach or specific actions recommended, despite their similarities. In addition, not only were the waste issues discussed in isolation of each other, but there was inadequate discussions of other Agenda 21 issues, (such as freshwater, atmosphere, technology transfer, and financial resources), which are strongly related to the issue of toxic chemicals.
COMPARISON BETWEEN CURRENT CANADIAN GOVERNMENT POLICY AND COMMITMENTS MADE
The Canadian Environmental Protection Act (1988) provides the authority to implement many of the government-related activities outlined in this chapter. In July 1991 the federal government established a National Office of Pollution Prevention within Environment Canada to promote a shift from "react and cure" to "anticipate and prevent". The Office is presently developing, in co-ordination with the provinces, a strategy framework for pollution prevention in Canada. As part of the Green Plan, a publicly accessible National Pollutant Release Inventory database will be established, listing major Canadian industrial pollutants, where they are found, and in what quantities.
In 1991, a "New Directions Group", composed of senior representatives from industry and environmental groups recommended that a process to reduce or phase out selected toxic substances be established. This resulted in the establishment in February 1992 of an ARET (Accelerated Reduction or Elimination of Toxics) committee composed of representatives from labour, business/industry, environmental groups and the federal and provincial governments.
The Committee is developing criteria for selecting substances and setting targets for reduction. The ARET process will rely on voluntary compliance by all groups involved.
A Pollution Prevention Initiative was also established for the Great Lakes and St. Lawrence basin in March 1991, backed by $125 million in federal funding from Environment Canada.
Overall, Canada's approach to managing toxic chemicals is to combine regulatory controls with pollution prevention, and to work with industry to control and reduce both toxic chemicals and their emissions. There appears, to date, to be little reliance on market or economic based incentives (as advocated in Agenda 21) to address the management of toxic substances in Canada.
CANADIAN ACTIVITIES EVOLVING THROUGH THE SUSTAINABILITY PROCESS
International Program on Chemical Safety
Canada is party to the International Program on Chemical Safety (IPCS), under whose auspices classification and labelling of toxic chemicals is undertaken. This activity is consistent with the Canadian objectives concerning this chapter.
Canadian Council of Ministers of the Environment
The Canadian Council of Ministers of the Environment (CCME) has initiated the National Sites Remediation Program, a $250 million program to clean-up high risk "orphan" contaminated sites where contamination poses an existing or imminent threat to human health or the environment. These funds are intended to enable immediate action to be taken where the responsible party is unknown, cannot be located, or is insolvent. In addition, the CCME is also developing small scale waste management models to be directed at waste reduction strategies for small and remote communities.
In November 1993, the Council of Ministers endorsed a National Pollution Prevention Framework.
In terms of private sector initiatives which are consistent with the objectives of this chapter, there is, in addition to the chemical industry's "Responsible Care" initiative, a growing demand for development and implementation of Environmental Management Systems for business use. These systems often include environmental audit protocols which adopt spill prevention and hazardous waste management evaluations. Continuing trends in this direction will promote the safe handling of toxic chemicals and hazardous wastes.
New Directions Group
The New Directions Group intends to create a schedule to reduce industrial emissions into the environment. The Group developed a plan which recommended that work on a national inventory of pollution begin by 1992, with a public report in 1994.
Canadian Industrial Transportation League
The Canadian Industrial Transportation League is a business association which is educating its membership on issues of environmentally sound management of toxic chemicals.
Structural Board Association
The Structural Board Association has ongoing safety and Workplace Hazardous Information Management System (WHMIS) programs which deal with environmentally sound management of toxic chemicals.
Mining Association of Canada
The Mining Association of Canada (MAC) is addressing the issue of environmentally sound management of toxic chemicals through its participation on: the Accelerated Reduction and Elimination of Toxic Substances Committee; the Short Term Action within a Reasonable Timeframe (START) Subcommittee; the National Pollutant Release Inventory Multistakeholder Advisory Committee; and the Canadian Standards Association (CSA) Environmental Technical Committees. MAC is also addressing the concerns of Chapter 19 through participation in discussions on the OECD Risk Reduction and High Production Chemicals Programs.
Major Industrial Accidents Council of Canada
The Major Industrial Accidents Council of Canada (MIACC) is a relatively new organization which is undertaking activities consistent with this chapter's objectives. Funded by both governments and industry, its mandate is to facilitate consultative processes between industry and government stakeholders in an effort to reduce the number of accidents involving hazardous materials.
OTHER RELEVANT INTERNATIONAL SUSTAINABILITY-RELATED FORA
Organization for Economic Cooperation and Development (OECD) Environmental Policy Committee Groups on:
1) Pollution Prevention and Control
2) Chemicals Program
International Program on Chemical Safety (supported by the International Labour Organization; the World Health Organization; and the United Nations Environment Program)
International Chamber of Commerce (ICC)
International Program on Chemical Safety (A joint UNEP/WHO co-ordinating mechanism for the exchange of information about the risk to human health and the environment associated with the exposure to harmful chemicals).
SUGGESTED READINGS AND INFORMATION SOURCES
Ayres, R.U., et al. "Industry and Wastes", International Conference on an Agenda of Science for Environment and Development into the 21st Century, ASCEND 21, Vienna, November 1991, p.24-29.
Government of Canada. Canada's Green Plan, (Ottawa: Environment Canada, 1990).
. Canada's Green Plan and the Earth Summit, (Ottawa: Environment Canada, 1992).
. Canada's National Report: United Nations Conference on Environment and Development Brazil, June 1992, (Ottawa: Environment Canada, 1991).
. The State of Canada's Environment, (Ottawa: Environment Canada, 1991).
Institute for Research on Environment and Economy. A Qualitative Assessment of Proposed Policies and Activities for the Conservation and Management of Resources for Development, (Ottawa: University of Ottawa, February, 1992).
International Development Research Centre (IDRC). Agenda 21: Abstracts, Reviews, and Commentaries, (Theodora Carroll-Foster, editor), (Ottawa: IDRC, 1993).
. Agenda 21: Green Paths to the Future, (D. Spurgeon, editor), (Ottawa: IDRC, 1993).
. A Guide to Agenda 21: Issues, Debates, and Canadian Initiatives, (Theodora Carroll-Foster, editor), (Ottawa: IDRC, 1993).
Keating, Michael. Agenda for Change: A Plain Language Version of Agenda 21 and the Other Rio Agreements, (Geneva: Centre for Our Common Future, 1993).
National Round Table on the Environment and the Economy (NRTEE). The National Waste Reduction Handbook, (Ottawa: NRTEE, 1991).
World Commission on Environment and Development. Our Common Future, (Oxford: Oxford University Press, 1987)
Information Sources:
Canadian Chemical Producers Association (CCPA), 350 Sparks Street, Suite 805, Ottawa, Ontario, K1R 758, tel (613) 237-6215, fax (613) 237-4061 .
Canadian Environmental Network (CEN), P.O. Box 1289, Station B, Ottawa, Ontario, K1P 5R3, tel (613) 563-2078, fax (613) 563-7236.
Greenpeace, 185 Spadina Avenue, 6th Floor, Toronto, Ontario, M5T 2C5, tel (416) 345-8408, fax (416) 345-8422.
Ontario Toxic Waste Research Coalition, Box 35, Vineland Station, Ontario L0R 2E0, tel (519) 744-7503, Fax (519) 744-1546.
Cite as: Projet de société: Canada and Agenda 21.Winnipeg: IISD, 1995. Online. Internet. http://iisd.ca/worldsd/canada/projet/c19.htm.
