Hazardous-waste management at the Mexican-U.S. byorder
By Allyn M. Davis and Arq. Rend Alramirano Pdrez Former President Reagan of the United States and former President de la Madrid of Mexico signed the US.-Mexico Environmental Agreement on August 14, 1983. The purpose of this agreement was to protect public health and welfare and to preserve the environment within a zone of mutual concern, I 0 0 kilometers (62.5 miles) on either side of the international boundary. The environmental agreement established a national coordinator for the United States and a national coordinator for Mexico. The U S . coordinator is the Assistant Administrator of International Activities of EPA (Washington. DC); the Mexico coordinator is the Secretary of Urban Development and Ecology (Secreraria de Desarrollo Urbano y Ecolog;a or SEDUE, Mexico City, D.F.). The national coordinators initially established three work group, later expanded to four. Each work group was to address a different area of concern: air, water, hazardous materials and waste management, and contingency planning and emergency response. Each work group has representatives from SEDUE and from the EPA regional otlices bordering Mexico: Region 6 (Texas and New Mexico) and Region 9 (Arizona and California). The EPA-SEDUE hazardous-waste work group’s otlicial title is Hazardous Materials and Waste Management Work Group. Since its inception, this group has addressed the following problems: transborder movement of hazardous materials, siting of hazardous- and solid-waste facilities, training and technology transfer, Ocean incineration, agricultural chemicals, and ma1208
Envlron. Scl. Technol.. Vol. 23.No. 10, 1989
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ardous waste; point of entry to importing country; means of transportation of hazardous waste; description of the storage and treatment of the waste in the importing country; and name and address of the facility that will ultimately receive the waste. This notification is an annual noiification and is valid for one year, as long as the information is accurate and does not change. The annex also requires that the exporting country shall readmit any shipment of hazardous waste that is returned, for any reason, by the importing country. It should be noted that each country agreed to implement Annex Ill and address the transborder movement of hazardous material between the United States and Mexico within the limits of its ~ t a t u t ~authorities. ry This agreement does not create new law-as a treaty would, for example-and is superseded by the applicable laws of each country.
Import-export regulations Rou: Allamirono Pin,:
quiladaras. (Maquiladoras are indus-
trial plants in Mexico that manufacture, process, or assemble imported raw materials and components and export finished products.) The transborder movement of hazardous materials is addressed by Annex 111 to the environmental agreement. Annex 111 requires the exporting country to notify the importing country at least 45 days prior to transboundary shipment. The notification must contain the following information: exporter name, address, phone number, I.D. number; description of the hazardous waste and waste I.D. number; estimated frequency and time periods of shipments; estimated quantity of haz-
EPA promulgaled regulations on August 8, 1986 (effective November 6, 1986) to ensure proper treatment, disposal, and recycling of hazardous waste imported to and exported from the United States. The export regulations require that the exporter provide prior notification to EPA (Otlice of International Activities) and that the exporter receive an EPA acknowledgment of consent verifying that the country of receipt has consented to accept the waste. The regulations also require that a copy of the receiving country’s written consent be anached to the manifest and that the shipment conform to the terms of the consent. These regulations parallel and expand upon the requirements of Annex 111 and give U.S. companies specific s t e p to follow before exporting waste.
This article not subject to US. copyright, Published 1989 American Chemical Society
Import regulations (promulgated August 8, 1986, and May 18, 1980) require that an importing U.S. facility notify the EPA at least four weeks in advance of the date of expected receipt of hazardous waste from a foreign source. In authorized states, to which the Resource Conservation and Recovery Act program has been delegated (e.g., Texas, New Mexico, and Arizona), this notification may be sent to the state environmental agency. Both imports to and exports from the United States require that the facility follow manifesting and reporting procedures similar to those of domestic shipments.
Maquiladoras For maquiladoras, imports of raw material and components are typically authorized for six months. These materials are referred to as “in-bond” goods. The finished or semifinished products are exported from Mexico to the originating country or to a third country. Annex III of the U.S.-Mexico environmental agreement addresses the maquiladoras. Article XI indicates that any hazardous waste generated from raw materials admitted in-bond and processed in Mexico is to be readmitted to the United States for disposal. This waste is considered a hazardous waste as defined in Annex III and is thus subject to export notification procedures.
Mexican environmental statute The General Law of Ecological Equilibrium and Environmental Protection published in the Federal Diario OJcio was effective on March 1, 1988, and is Mexico’s governing environmental authority. This law requires that hazardous waste generated under the temporary import (i.e., maquiladora) system must be returned to the country of origin. The law that specifically regulates the maquiladora industry is “The Decree for the Promotion and Operation of Maquiladora Industry for Exportation,” published in the Diario OJcial, August 15, 1983. “Instruments” or standards are used for implementing ecological policy under the General Law. The most important instrument is the Ecological Technical Standard (Spanish abbreviation, NTE), defined as “the conjunction of scientific or technological rules issued by SEDUE that establish the requirements, specifications, conditions, procedures, parameters and permissible limits that must be observed in development or activities or use and benefit of products which cause, or might cause, ecological imbalance or damage to the environment, and further that integrate principles, criteria, policy and strategy on the subject.”
The NTEs are the technical parameters that projects must meet and on which SEDUE bases its decisions. At this time there are several NTEs applicable to the maquiladoras: criteria for hazardous-waste characterization and listing (June 7, 1988) [NTE-CRP-001/88], storage requirements (June 7, 1988) [NTE-CRP-008/88], extraction test to determine toxicity for hazardous-waste determination (December 14, 1988) [NTE-CRP002/88], procedure to evaluate incompatibility of hazardous waste (December 14, 1988) [NTE-CRP-003/88], and storage facility requirements (December 14, 1988) [NTE-CRP-0101. The “Regulation of the General Law of Ecological Equilibrium and Environmental Protection Regarding Hazardous Waste” was published in the Diario Cyicial on November 25, 1988, and became effective on May 26, 1989. The regulations address management of hazardous waste; generators and transporters; imports and exports; and treatment, storage, and disposal facilities.
SEDUE regulations An option available to the maquiladoras under Mexican law allows hazardous waste generated in Mexico to remain in Mexico. The maquiladora, or an authorized Mexican recycler, may request that the waste be nationalized. Nationalization of hazardous waste requires approval from SEDUE (Guia Ecologica) and compliance with applicable Secretariat of Commerce and Industrial Development (SECOFI) and Customs regulations. The environmental regulations promulgated by SEDUE do not allow the hazardous waste disposal alternatives of destruction and donation provided for in the SECOFI and Customs regulations.
Imports, exports of hazardous wastes Information on the importation and exportation of hazardous waste between the United States and Mexico is based on the following: annual, pre-export notification by U.S. exporter to EPA and SEDUE, annual summary filed by U.S. importer and exporter with EPA or authorized state, U.S. importer and exporter manifests left with U.S. Customs, U.S. authorized state reports and manifests, and SEDUE import and export data. One examule of the magnitude of the reported imports and exports is the approximately 250 tons of liquid and 60 tons of solid hazardous waste that were exported from Mexico to Region 6 states (Texas, Louisiana, Arkansas,
Oklahoma, and New Mexico) from October 1987 to September 1988. Of the 41 shipments of hazardous waste sent from facilities in Mexico to facilities located in ‘Region 6 states, 21 were shipped to Texas and 20 to Oklahoma. At the National Coordinators meeting in San Diego in June 1988, SEDUE indicated that 300 tons of hazardous waste had been proposed for importation into Mexico in 1987. SEDUE had rejected all imports for disposal in Mexico, accepting only imported hazardous waste that could be recycled or reused. Over 90% of all proposed imports of hazardous waste was either rejected or redirected by SEDUE from the importer-proposed facility to a facility more acceptable to SEDUE.
Maquiladora issue Maquiladoras are under the sole jurisdiction of Mexico and are governed by SEDUE regulations in environmental matters. However, because SEDUE’s regulatory program for hazardous waste is just beginning, a comprehensive cradle-to-grave manifest system with identification numbers for all hazardous-waste handlers (generators; transporters; treatment, storage, and disposal facilities) is not in place, nor is an authorization or permit system for facilities. Presently SEDUE’s regulatory program is developing and an inventory is being taken that will provide data on maquiladoras generating hazardous waste, the type of waste, where the waste is being stored, who is transporting maquiladora waste to storage, and which treatment or disposal facilities are accepting waste from each maquiladora. In the absence of this complete information, unsubstantiated horror stories surround hazardous-waste management practices of the maquiladoras.
Work group initiative When the Work Group was formed to implement the 1983 U.S.-Mexico Environmental Agreement, the potential maquiladora problem was one of the original six agenda items. However, due to the pressure of other environmental problems such as transboundary movement of hazardous waste (Annex ID), siting of hazardous-waste facilities within the 200-km zone of concern, and ocean incineration, the maquiladora problem was placed lower on the Work Group’s agenda. When members of the Work Group, citizens, Congress, local elected of& cials from municipalities on the border, the media, and environmental organizations (such as the Border Ecology Project) became increasingly concerned, the Work Group turned its attention to the potential maquiladora problem. Environ. Sci. Technol., Voi. 23, No. 10, 1989
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Environ. Sci. Technol., Voi. 23, No. 10, 1989
At the EPA-SEDUE National Coordinators meeting in June 1988, in San Diego, the Work Group decided on a two-pronged initiative. A first focus would be on public education-the regulations applicable to maquiladoras and similar plants in the United States, the state-of-the-art techniques for hazardous-waste management, and problems associated with the mismanagement of hazardous waste. The educational focus was implemented through speeches by EPA and SEDUE officials in a variety of forums, culminating in the first annual EPA-SEDUE Maquiladora Environmental Conference November 1516, 1988, in Tijuana. Officials from EPA, SEDUE, U.S. and Mexico Customs, and U.S. and Mexico Departments of Transportation addressed applicable federal regulations. In addition, several Mexican facilities providing hazardous-waste treatment, storage, or disposal services made presentations. The EPA Office of Research and Development addressed the state-of-the-art techniques for hazardous-waste treatment and disposal in the United States. The Mexico National Maquiladora Industrial Association and the U ,S .-based Border Trade Alliance supported the conference and have been active with maquiladora outreach programs. The second thrust of the Work Group's maquiladora initiative is the joint EPA-SEDUE inspection of maquiladoras. The current estimates of the largest maquiladora industries are semiconductor (40%) and printed circuit board manufacturing (20%) . Other maquiladoras that produce large quantities of hazardous waste include paintand chemical-manufacturing facilities. EPA is identifying those facilities in the United States that are similar to maquiladoras and is conducting visits to familiarize the inspectors with the plant processes and the type and amount of hazardous waste produced. When this process is complete, and if the U.S. facility allows foreign visitors, SEDUE will be provided a tour of the facility. When EPA and SEDUE are confident in their technical ability to evaluate the maquiladoras for compliance with SEDUE regulations and to assess the hazardous waste generated (i.e., how much should be generated by the plant based on throughput and products produced), the joint EPA-SEDUE inspection program will be initiated in Mexico. The first joint inspections will take place in 1989.
Response team initiative At the EPA-SEDUE joint response team conference held in San Diego April 25-27, 1989, a half-day session was devoted to discussing the emer-
gency planning implications of the expansion of the maquiladora industry along the border. Further discussions will be held to develop a strategy by which maquiladoras can take a more active role in preparing for and preventing hazardous-materials spills. Hazardous-materials sources will be identified in the emergency response plans being prepared for pairs of cities along the border. In conclusion, the United States and Mexico believe the maquiladora industry could create environmental problems because of the hazardous waste it produces. Through mismanagement (improper storage; spills and fires; and leaking surface impoundments, landfills, and waste piles) hazardous waste can seep into groundwater, with serious environmental and public health ramifications. As groundwater pollution knows no international boundary, the EPA-SEDUE Hazardous Waste Work Group has undertaken a maquiladora initiative with two prongs: education and compliance. An annual EPASEDUE maquiladora environmental conference will be augmented with joint U.S.-Mexico inspections of maquiladoras beginning in 1989.
Acknowledgment In addition to the co-chairman, the Hazardous Materials and Waste Management Work Group is comprised of Kathleen Shimmin (EPA Region 9, San Francisco) and Efrain Rosales (SEDUE). Special thanks go to Anne Alonzo of the Ofice of Regional Counsel in EPA Region 5 (Chicago); Bill Gallagher, EPA Region 6 (Dallas); and the U.S. Embassy professionals Roy Simpkins (Science Attache), Alice Tidball, and Frank Fernandez.
Allyn M. Davis is director of the EPA Hazardous Waste Management Division (EPA Region 6) and co-chairman of the EPA-SEDUE Hazardous Waste Work Group. Davis received a B.S. in chemical engineering from Clarkson University, M. S. and Ph.D. degrees in chemical engineering from the California Institute of Technology, and an M.F!A. degree from Golden Gate University (Sun Francisco).
Arq. Rene' Altamirano Pe'ret is SEDUE'S Director of Environmental Pollution Prevention and Control, Undersecretary of Ecology, and co-chairman of the EPA-SEDUE Hazardous Waste Work Group.
