Document zzGDoZMV85Z3zQrDz71zNgoE3

ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT rt , GENERAL DISTRIBUTION ' ' Paris, 20th February, 1973 C(73)1(Final) . Resale 1 - COUNCIL DECISION OF THE COUNCIL ON PROTECTION OF THE ENVIRONMENT BY CONTROL OF POLYCHLORINATED BIPHENYLS (Adopted by the Council at its 315th Meeting on 13th February, 1973) . The Council, Having regard to Articles 5(a), 5(b) and 12(c) of the Convention on the Organisation for Economic Co-operation and Development of 14th December, I960; -1 Having regard to the Recommendation of the Council of 26th May, 1972, on Guiding Principles concerning International Economic Aspects of Environmental Policies /?(72)128,7; Having regard to the Note by the Secretary-General of 7th February, 1973, concerning Proposals for Concerted Action with respect to Polychlorinated Biphenyls ^(73)1 (2nd Revision^; Considering that the use of Polychlorinated Biphenyls (PCBs)should He controlled by international action in order to minimise their escape into the environment pending the realisa tion of the ultimate objective of eliminating entirely their escape into the environment; On the proposal of the Environment Committee; I. DECIDES: HONS O^082 I. Member countries shall ensure that in their respective territories. Polychlorinated Biphenyls (PCBs) shall not be used for industrial or commercial purposes, except in the following categories of use; pielectrlc fluids for transformers or large power factor correction capacitors; fleet transfer fluids (other than in installations for processing ofToodo, drugs, feeds and veterinary products); Hydraulic fluids in mining equipment; Small canacltora (subject to the provisionsof Section II.2 below): 0(73)1(Pinal) -2- and, aa regards the foregoing categories, ?CBs may he used only in those applications in which the requirements for noninflemmabi1ity outweigh the need for environmental protection -and in which Member countries are satisfied that sufficient -controls are exercised in order to minimise risk to`the environment. 2. In pursuance of paragraph 1.1 above. Member countries (a) control themanufacture, import and export of bulk . FCBe; (b) Institute adequatearrangements for therecovery, I regeneration, adequate incineration or other safe disposal of surplus and waste materials; (o) institute a special, uniform labelling system for both bulk PCBs and PCB-containing manufactured products; and (d) establish safety specifications for containers and . transport. * II. RECOMMENDS that Member countries in implementing the Decisions set forth in Section I above: 1. control and manufacture, import and export of PCBeontaining products; 2. work towards the elimination of the use of PCBs In small capacitors; 1. ' 3. give priority attention to the elimination of the following applications of PCBs: (a) heat transfer fluids in the food, pharmaceuticals, feed and vetinary industries; (b) plasticisers for paints, inks, copying paper, -adheBives, sealants; > . 1 (c) hydraulic liquids (other than in mining) and lubricating oils; (d) vacuum pump fluids and cutting oils; (e) pesticides; - SONS 044083 4. request firms to use, as PCB replacements, materials which are less hazardous to human health and the environment than the range of PCBs now in use. I 3 - C(73)l(?inal) III. DECIDES: At the beginning of 1974, 1975 and 1976 within the frame work of the Environment Committee, Member countriec shall exchange information on the main statistical data concerning PCBs, notably on: (1) amounts of ?CBs, including: . amounts manufactured by PCB type, amounts imported " " " and amounts exported * ' " " and amounts incinerated " " " amounts consumed " " " and by country, by country, by use; (2) PCB replacements supplied by manufacturers, including the following points: identification, total amounts for each chemical type and for each use, known toxicity and environmental hazard of each * chemical type; ' (3) disposal of surplus PCBs by Incineration (Including evaluation of incinerator efficiency) or by other efficient moans. IV. NOTES the "Technical Note on Polychlorinated Biphenyle" contained in the Appendix to this Decision. V. INVITES Member countries to report to the Organisation at the beginning of 1974, 1975 and 1976 on measures taken in application of this Decision. VI. IHSTRUCl'3 t,vn Tbirironment Committee to follow the implementation of this Decision, to report at regular Intervals to the Council on the information exchanges provided for in Section III of this Decision and to make such proposals to further improve and strengthen the control of production and use of PCBs as may seem appropriate in the light of experience gained and the continued work of the Organisation in this field. HONS 044084 Appendix -- *t - : { j j { t ' ! i i i [ ' 1 ' appendix IKTItOPPCTIOI? Technical Hote on Polychlorinated Biphenyls t ' 1. Polychlorinated biphenyls (PCBs) are a group of stable substances comprising theoretically more than 200 individual oompounds, many of which are widely used particularly because of their dielectric properties and non-flammability. At present they are obtained through chlorination of diphenyl, resulting in mixtures that are characterised by their average content of chlorine. Due to the persistence and toxicity of some of these compounds(l), effects have been observed in the environment and accidents reported over the last few years, which have given rise to serious concern in Member countries. In view of this concern. the Sector Group on Unintended Occurrence of Chemicals in the Environment has investigated, on a priority basis, the need for, and feasibility of, concerte' action to control the use and emissions of PCBs. The results of this enquiry, which have been presented in document HR/EHV/72.49. lead to the following con- elusions: ' (a) Because of unacceptable levels of PCBs found in the environment and because of a number of incidents involving human health, some countries have taken, or are considering t&king action to control the use of PCBs; (b) There are (1972) only six companies in O.E.C.D. Member countries that manufacture PCBs; five of them have already taken steps to reduce production to the supply for a few approved uses; (e) PCBs can be replaced except for some users where their dielectric properties andnon-flammability .are esse. ntial; (d) The technology for destruction of PCBs exists; (e) Because of the many applications of PCBs in the wide Tange of consumer products moving in international trade, the situation will almost certainly become complicated unlessinternational agreement is reached on allowable uses;* i (l) As jf the time of the preparation of this Note, limited research studies with certain selected PCB-compounds seem to Indicate that some of these compounds could eventually ; safely be used for certain applications. i i, mons 044085 C(73)1(Pinal) Appendix J (f) A rough eBtimate(l) indicates that consumption of PCBs in O.B.C.D. countries is matched by production. Considering in addition that import of chemicals from non-O.E.C.D. to O.E.C.D. countries is still re stricted to basic chemicals, import of bulk PCBs is unlikely. It is, therefore, reasonable to suggest that the major part of the problem of unintended occurrence of PCBs can be Bolved through concerted ' motion between O.S.C.D. Member countrie's. USES OP PCBs 2. The applications of PCBs fall mainly into two categories: - uses in closed systems; . - dissipative uses. CLOSED SYSTEMS 3. The use of PCBs in closed systems can be defined as applications from which the PCBs are recoverable. PCBs in transformers, capacitors, heat transfer systems, hydraulic equip ment, and vacuum pumps are in principle recoverable, since during use, the PCBs are not generally dispersed into the environment. 4. It is, however, important to distinguish between closed system usee that are controllable in practice and those where oontrol cannot be guaranteed either: , - because frequent replacement of relatively small quantities will lead to disposal rather than recovery, or - because a large number of email units widely dispersed will make collection extremely difficult, or - . because accidental leakage will cause imminent danger - to human health. - 5. A truly controllable use may therefore be defined as an application where: - the PCBs are contained in a sealed circuit in large, long-life units; ' - the quantities involved are such that there is an incentive for regeneration. (1) Production in 1971 amounted to about 48,400 metric tons and consumption in the 13 countries that provided numerical information to about 35,300 tons. HONS 044086 0(73)1(Final) Appendix -6- 6. yellowing what has been said above, the only truly controllable uses of PCBs are in dielectrics for transformers and for large capacitors for power factor correction. Pre venting escape of PCiJs from these applications is mainly a problem of engineering design and qf collection and destruction of used liquids, or, in the case of capacitors, of removal and destruction of PCB-impregnated material. These uses also being essential for safety reasons, It would be unreasonable to suggest that they be discontinued at the present time. , 7. In all other closed systems, recovery of PCBs, although theoretically possible, would not be practical. Such applica tions should, therefore, be discontinued, unless safety require ments prevent the use of substitute products: (i) Heat transfer systems There may be some installations where the risk of explosion or fire must be avoided at all cost, and the danger of Borne escape of PCBs therefore is of less importance. Because of the risk of leakage, which can never be totally guarded against, the use of PCBs as heat transfer media in the food, drugs - and feed industries should, however, be prohibited. (ii) Hydraulic equipment, vacuum pumps Although the quantities involved in the individual case are relatively small, they will, unless recovered, add significantly to the environmental burden of PCBs. Theoretically, used fluids could be recovered, but in view of the difficulty of establishing a system to collect small quantities from many users, these applications should be dis continued. Furthermore, PCBb are generally not essential in hydraulic and pumping fluids, with the possible exception of hydraulic equipment in under ground mining. (iii) Small capacitors . These are typical examples of an application of PCBs in sealed units that are almost completely nonrecoverable. Considering, for example, the many domestic electrical appliances in which capacitors are used, the cost of recovery would probably be prohibitive. A warning label showing that the equipment must not be disposed of as ordinary waste has been suggested; it is however, not likely to be sufficient, unless manufacturers and retailers OA'.O*1 7 C(73)1(Pinal) I Appendix would accept return of appliances that are out of use. The problem of recovery remains unresolved at the present time, but it has to be noted that Japan has stopped the use of PCBs in the manufacture of small capacitors. DISSIPATIVE USES 8. The dissipative ussb are those where recovery of used POBs is not possible, since they axe not contained in closed systems but in direct contact with the environment: (i) lubricating and cutting oils The conditions under which these oils are used are such that there 1b continuous emission of small quantities into the environment. These applications, not being essential, should be discontinued; ' (ii). Pesticide Use This use has fortunately been abandoned in most . countries already; if not, it should be banned with ' immediate effect. Since all O.B.C. D. countries Tequire registration of pesticides, such a measure can easily be taken unjjer existing legislation; . (iii) Plasticizers * The most Important category, by volume of dis' sipative use is in the field of plasticizers. They are or have been used in most countries in a wide variety of consumer products including paints, inks, copying paper, adhesives, sealants, plastic products, etc., many of which are traded internationally. The major applications seem to be in the printing and paint industries. 9. The Printing Industry: Because of the risk of contamina tion of paper, whiicn after recycling may be used in food packaging, the use of PCBs in the printing industry should be banned. In View of the fact that printing inks can be produced without PCBs and that in any cane the amount used probably represents a total value of only about *3^,000 in O.E.C.D. countries, such a measure should not cause serious economic damage. Assuming that copying paper is usually provided by the copying machine manu facturers (relatively few and big companies), any economic effects -should be small. 10. The Paint Industry poses a somewhat different problem. Over the last decade, production has increased by 3.5 per cent 5 per cent annually and the trend is rising in the O.E.C.D. area. SONS Q4<0&S 0(73)1(Final Appendix -8- The over 2,000 Billion dollar Vest European paint industry alone accounts for some 40 per cent of the world output. Production is assured by a few large and a great many small companies (United Kingdom - 480, Italy and Prance - 350 etc.). This Sicture suggests that an overall ban on PCBs in paints could ave some economic consequences. . It appears, however, that where used (e.g, in stoving applications) PCBs constitute something like 5-10 per cent of the paint. Few details are available in respect of the amounts used in paints, but taking one example (Prance) where 250 tons were used (1971) in a paint industry that produced something like 700,000 tons of paint, presumably only 2500-5000 tons would contain PCBs. Considering in addition that email paint manufac turers are generally highly specialised, and that the manufac turing process would not have to undergo a major change to rc- place the use of PCBs, a ban on PCBs should not cause ary serious disturbance. The use of PCBs in paints has, in fact, been discontinued in some countries already. Figures for production (8,654,200 tons in 1969) and consumption (8,517,500 tons) in O.K.C.B. countries again suggest that imoort of paints from non- O.E.C.B. producers may be of minor significance. 11. In practice, none of the products where PCBs have been used as plasticizers can be recovered. Unless the use is totally eliminated, there will be contiguous emissions into the environ ment due to evaporation, insufficient incinceration etc. Judging by the action already taken in several countries, sub stitutes can readily be found for the whole category of plasti ciser use of PCBs, which should, therefore, be banned. 12. It follows from whet has been said above that for adequate protection of health and environment, but also to avoid undue competition in international trade, agreement is necessary on allowed uses of PCBs. In order to ensure that home production is not substituted by import, control action by governments, through licencing or other means, is essential. Measures are further necessary to ensure collection of used material, safety in transport of raw PCBs, and assessment of substitute materials: (a) A uniform labelling system, internationally recognisable, should be developed for use on containers of raw I'CBs as well as on any equip ment or product containing PCBs. (b) Suppliers (i.e. manufacturers and importers) should further provide containers for the trans port of PCB-containing liquids: such containers must meet the appropriate specifications that have been laid down to ensure safety in transport of dangerous chemicals. HONS 044089 -9- QAp(p7e3n)dl(ixnal) (o) Development of substitutes that are less hazardous than persistent FCBs(1) should be encouraged, but in view of the fact that no system for pre-market control of new chemicals has been introduced, testing for environmental effects is so far entirely the responsibility of the manufacturers. Informa tion on replacement products should, therefore, be collected and reviewed. . (1) See footnote on page 4. 044090 HONS