Dioxin, PCB and Waste Working Group
c/o Arnika, Chlumova 17, CZ-130 00 Prague 3, Czech Republic
tel. + fax: +420.222 781 471, e-mail: hana.kuncova@arnika.org, http://www.ipen.org
IPEN Proposals for limits on ‘Low POP content Wastes’
In the Stockholm Convention and Basel Conventions
There are two sets of provisional definitions included in the currently approved
“General technical guidelines for the environmentally sound management of wastes
consisting of, containing or contaminated with persistent organic pollutants
(POPs)1”. These provisional definitions set limits for ‘Low POPS Content” of waste as
called for by the Stockholm Convention the Basel Conventions:
28. As stated in article 6, paragraph 2 (c), of the Stockholm Convention, the Stockholm
Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel
Convention to “work to establish, as appropriate, the concentration levels of the chemicals
listed in Annexes A, B and C in order to define the low persistent organic pollutant content
referred to in paragraph 1 (d) (ii).” Wastes consisting of, containing or contaminated with
POPs above the low POP content should, in accordance with article 6, paragraph 1 (d) (ii),
be disposed of in such a way that the POP content is destroyed or irreversibly transformed or
otherwise disposed of in an environmentally sound manner when destruction or irreversible
transformation does not represent the environmentally preferable option.
29. Recognizing the following considerations:
(a)
Disposal of wastes with a high POP content, including waste stockpiles, should
be a priority;
(b) Availability of treatment capacity;
(c) Limit values within national legislation are relevant;
(d) Availability of analytical methods; and
(e)
Lack of knowledge and data;
the following provisional definitions for low POP content should be applied:
(a)
PCBs: 50 mg/kg2;
(b)
PCDDs and PCDFs: 15 g TEQ/kg3; and
(c)
Aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, HCB, mirex and
toxaphene: 50 mg/kg for each of these POPs4.
Footnotes: 2 Determined according to national or international methods and standards .
3 TEQ as referred to in Annex C, Part IV, paragraph 2 of the Stockholm
Convention, excluding co-planar PCB.
1
Footer Ref : K0580427
190405
4 Determined according to national or international methods and standards
Provisional levels were also set for emissions to air:
The following provisional definition for levels of destruction and irreversible transformation,
based upon absolute levels (i.e., waste output streams of treatment processes) should be applied:
(a)
Atmospheric emissions:
PCDDs and PCDFs: 0.14 ng TEQ/Nm3;5
All other POPs: pertinent national legislation and international rules, standards
and guidelines, examples of pertinent national legislation can be found in annex
II;
Footnote 5: Toxic equivalents as referred to in Annex C, Part IV, paragraph 2 of the Stockholm
Convention, excluding co-planar PCB. Nm3 refers to dry gas, 101.3 kPA and
273.15 K. standardization at 11 per cent O2
IPEN do not consider that these provisional limits are acceptable. The proposals for
each of the limits are too high to protect public health and the environment and ,
given the vital importance of these levels to the effectiveness of both conventions we
consider that significantly lower limits should be established in each case.
Linked to the concerns about the high emission levels and low destruction of POPS is
the decision taken by Conference of Parties to the Basel Convention on the levels of
destruction and irreversible transformation. IPEN is particularly concerned that this
decision is incompatible with the Stockholm Convention definition and requirements
in its article 6.
Levels of destruction and irreversible transformation should be established “to
ensure that the characteristics of persistent organic pollutants as specified in
paragraph 1 of Annex D are not exhibited;”
The Basel Convention technical guidelines redefined “levels of destruction and
irreversible transformation” instead and we consider that this decision should be
reviewed.
Considering now the provisional levels for emission to air.
Provisional Atmospheric Emission Levels of PCDD and PCDFs
No reference is given for the source of the provisional emission level of 0.14 ng
TEQ/Nm3 based on a reference oxygen concentration of 11%.
The oxygen concentration at which standards are reported is clearly very important
when comparisons need to be made with other international standards. The
reference oxygen level used in the United States is normally 7% whilst in Europe 11%
is commonly used6.
It seems most likely that the level has been taken from the now very widely used and
supported European standard such as is included in the Waste Incineration Directive
( 2000/76/EC) of 0.1 ng TEQ/ Nm3 but that the standard has been converted to a
reference level of 7% oxygen and then a typo has slipped into the guideline and the
standard is incorrectly reported as being based upon an oxygen level of 11% in
footnote 14,page 12.
If so then it should be a straightforward matter to correct the error and this would
address the concerns of IPEN. It is recommended that the limit would be more clear
and consistent, however, if the emission level was reported as 0.1 ng TEQ/ Nm3 as in
the Waste Incineration Directive.
Other possible sources for the 0.14 ng TEQ/Nm3 are7 that it has been derived from
North American standards. It is understood, for example, that this is the emission
level set in the Ontario Guideline A-7 limits is 0.14 ng TEQ/Nm3 but it is not clear
what reference oxygen level this is based on. It may also be an attempt to convert the
old US MACT standard of 13 ng/dscm of PCDDD/PCDF into a TEQ based standard.
In either case these levels cannot be considered appropriate for an atmospheric
release level in the 21st Century when lower levels have been standard in Europe
where a 0.1 ng/m3 standard has been widely adopted as indicative of a minimum
level to be achieved for more than a decade.
We note, for example, that the Dutch “Guidelines on Incineration of MSW and
related processes” introduced an atmospheric emission standard of 0.1 ng/m3 in
August 1989. Existing incinerators had to meet this standard by January 1995.
(Buckley-Golder, Coleman et al. 1999)
The German 17.BImSchV (Seventeenth Ordinance on the Implementation of the
6
To convert a concentration as measured to a concentration at reference oxygen level, multiply the
concentration by FO, the correction factor for oxygen, given by:
FO = (21 – O2% reference)/ (21 – O2% measured)
We note that this was also the upper limit for the performance of existing UK incinerators in the
Interim IPPC guidance note Sector Guidance Note IPPC S5.01 Integrated Pollution Prevention and
Control (IPPC) & Integrated Pollution Control (IPC) Interim Sector Guidance for the incineration of
waste and fuel manufactured from or including waste. That cannot be considered an appropriate
level, however, as all the plant considered will be obliged to meet the requirements of the Waste
Incineration Directive to operate lawfully.
7
Federal Emission Control Act) came into force in 1990 and set a limit value of 0.1 ng
I-TEQ/m3 for dioxin emissions from waste incinerators. In 1995 the Federal
Environmental Agency applied this value as a target for emissions of dioxins and
furans from industrial installations. The same value was applied to crematoria in
1997 by the 27. BImSch (Buckley-Golder, Coleman et al. 1999)
There is now wide experience of the use of as 0.1 ng TEQ/ Nm3 at 11% oxygen as an
emission standard and it is strongly recommended that this is the appropriate
minimum standard that should be adopted for any emissions to air.
LOW POPS Levels:
POPs Levels called for by Stockholm Convention, established and/or to be
considered by Basel Convention can be illustrated as follows:
Destruction/irreversible
transformation
Other methods of environmentally
sound disposal
Low POPs Content Levels
(called for by Stockholm
Convention and provisionally
established in Basel Convention
POPs waste guidelines)
“de minimis” levels
No treatment required
(not yet established
by Basel Convention)
We should note that the European Commission is currently engaged in establishing
“maximum POPs content limits” proposed for use in the EC regulation on POPs. The
draft European levels should not be directly compared with those being discussed
for the Stockholm and Basel conventions as “maximum POPs content limits” are
functionally equivalent to the “low POPs content” levels called for in the Stockholm
Convention and provisionally established by the Basel Convention, while the “low
POPs content limits” are functionally equivalent to the “de minimis” levels that have
not yet been established by the Basel Convention8.
We note the lower priority given to this task and the comments on the definition of a “De Minimis”
Level outlined in UNEP/POPS/INC.4/4 of 30 December 1999 Fourth session, Bonn, 20-25 March 2000
Item 4 of the provisional agenda* ORGANIZATIONAL MATTERS: REPORT BY THE SECRETARIAT
ON INTER-SESSIONAL WORK
8
REQUESTED BY THE COMMITTEE Analysis of the terms "de minimis contaminant", "constituent of
article" and "closed-system intermediate"
IPEN consider, in any case, that the limit values recommended by consultants to the
European Commission (BIPRO 2005) are not be sufficiently protective of human
health and the environment and propose that, following the necessary revisions of
the key terms and the availability of the full draft report, that the limit values are
reassessed and revised so that they support the objective of the Stockholm
Convention and are also at least as stringent as the provisional “low POPs content”
levels established in the Basel guidelines for POPs wastes. A submission supported
by more than 100 European NGOs has been made by IPEN to this effect to the
European Commission .
The provisional levels proposed for the Basel Convention are

PCBs: 50 ppm

PCDD/Fs: 15 ppb TEQ

POP pesticides: 50 ppm
Proposed Approach to Establishing “Low POPS content levels” for PCDD/Fs
No draft methodology has been proposed for the establishment of “Low POPS
content”. It is therefore suggested that the most appropriate starting place is to
examine real examples of the relationships between POPS waste and human
exposure through the food chain. Whilst it is clearly possible to model exposure
routes there are significant uncertainties associated with uptakes and exposures
through current models and real data is to be preferred where available.
There are different pathways and exposure routes by which humans and domestic
animals can be exposed to the POPS content in waste. IPEN has recently
investigated concerns about the question of whether free-range chicken eggs could
contain U-POPs that present a risk to health if collected near waste incinerators,
cement kilns, the metallurgical industry, waste dumps, and chemical production
facilities involving chlorine.
These types of sites have been investigated in five continents in the following
countries: Belarus, Bulgaria, Czech Republic, Egypt, India, Kenya, Mexico,
Mozambique, Pakistan, Philippines, Russia, Senegal, Slovakia, Tanzania, Turkey,
Uruguay and USA. The study (Petrlik and DiGangi 2005) focused mainly on
locations in developing countries and countries with economies in transition since
POPs data in these countries are often lacking.
As part of this project IPEN has also reviewed reported examples of PCB and
PCDD/DF levels in different wastes and/or contaminated soils and their comparison
with levels of food contamination associated with exposure to these levels.
It can be seen from the table below that there is clear evidence that much lower levels
of POPs in soils/wastes than those proposed as "low POPs content limits" have
resulted in serious contamination of food. These are by no means ‘worst case’
exposures as wild birds and animals can source the majority of their food and water
supplies from a small area of high contamination and would be expected to be
affected more significantly by bio-concentration and accumulation. The effects of, for
example, bioconcentration through fish to birds are well documented but there are
also examples of wildlife being contaminated from pollution around specific sites –
such as game birds around the Coalite plant (ENDS 2000).
POP
PCBs (7
markers)
PCBs (in
TEQ)
PCBs (in
TEQ)
PCDD/Fs
PCDD/Fs
PCDD/Fs
PCDD/Fs
PCDD/Fs
PCDD/Fs
PCDD/Fs
Place
(country)
Maincy
(France)
Maincy
(France)
Maincy
(France)
Newcastle, St.
Anthony's
(UK)
Newcastle,
Hulne
Terrace (UK)
Maincy
(France)
Maincy
(France)
Libis (Czech
Republic)
near
aluminium
plant
(Switzerland)
Rheinfelden
(Germany)
level in
soil/waste
0.024 ppm
level in food limit for
food
0.299 ppm
0.2 ppm
0.001 ppb
24.98 ppt
0.003 ppb
10.85 ppt
0.02 ppb
27 ppt
(2) ppt
proposal
(2) ppt
proposal
3 ppt
0.910 ppb
31 ppt
3 ppt
0.011 ppb
121.6 ppt
3 ppt
0.037 ppb
25.75 ppt
3 ppt
0.026 ppb
23 ppt
3 ppt
0.013 ppb
12 - 19 ppt
3 ppt
0.377 2.168 ppb
12.7 - 514
ppt
3 ppt
Poultry meat
Substance
PCDD/Fs
place
level in
(country)
soil/waste
Libis (Czech 0.026 ppb
Republic)
level in food limit for
food
29 ppt
2 ppt
The Newcastle, UK, examples are particularly illuminating. The regulatory authority
responsible for ensuring the correct handling of the POPS contaminated wastes, in
this case incinerator residues, is the British Environment
Agency. This organization
has claimed to be the foremost environmental protection agency in Europe.
Furthermore the pollution control regime in the UK has been established for more
than a century. As a member of the European Union the requirements of the Waste
Framework Directive 75/442/EC (as amended), which dates from 1975, have been
implemented into the domestic legal framework. This includes the verbatim
transposition of the requirements of Article 4 which are that:
“Member states shall take the necessary measures to ensure that waste is recovered or
disposed of without endangering human health and without using processes or methods
which could harm the environment, and in particular:
 without risk to water, air, soil and plants and animals;
 ……
It is therefore reasonable to assume that the standards of environmental protection in
the UK could be expected to match or better those in most countries in the world.
In spite of these powerful advantages it is clear that users of allotments in Newcastle
were exposed by dioxin contaminated incinerator residues being allowed to be
spread directly onto their food producing gardens and in the pens where there hens
were kept. The result was levels of food contamination more than ten times higher
than regulatory limits which arose from contamination levels of around 6% of the
provisional Low POPS limits.
If this could happen in the UK then it could probably happen in most countries in the
world and the provisional limits are seen to be far too high. The UK experiences
indicate that PCDD/DF concentrations would need to be about 10% of those which
resulted in this contamination i.e c 0.1 ppb.
It is, of course, important to consider what the ‘background’ level of dioxins is to
avoid proposing unrealistically low levels which would require significant clean up
of ‘background’ site. It is clear, however, that this is not an issue as a 0.1ppb low
POPS threshold would still be between 25 and 100 times greater than background
levels. See, for example, Rogowski (Rogowski and Yake 2005):
“Knowing the typical levels of dioxin in soils is important to set regulatory levels, to prevent
further contamination, and for setting cleanup levels. A random sample (n=54) of
agricultural lands within Washington state revealed a typical concentration of "dioxin" of
0.14 ng/kg (toxicity equivalents, TEQ). For a comparison, residential urban areas, forested,
and open areas were also investigated on a smaller scale (n=14, 8, and 8, respectively) with
typical dioxin values of 4.1, 2.3, and 1.0 ng/kg (TEQs), respectively”
This is consistent with Schmid (Schmid, Gujer et al. 2005) who discusses the
requirements of the Swiss ordinance relating to impacts on soils:
"the guide value of 5 ng I-TEQ/kg set by the Swiss ordinance relating to impacts on the soil
(OIS); concentrations for the remaining four samples were below the trigger value (20 ng ITEQ/kg)."
These Swiss guide values of 5 ng I-TEQ/kg are proposed as appropriate “de
minimis” levels for the Basel Convention.
The trigger values in the Swiss ordinance are based on the BLAG for the German
Lander (BLAG 1992, Fiedler 1998) which requires:
For preventive reasons and on a long-term objective the dioxin concentrations of soil used for
agricultural purposes should be reduced to below 5 ng TEQ per kg.
Cultivation of foodstuffs is not restricted in the case the soil contains 5-40 ng per kg.
However, critical land uses, for example grazing management, should be avoided if increased
dioxin levels were found in foodstuffs grown on such soils.
Limitations on the cultivation of certain feedstuffs and foodstuffs might be necessary if the
dioxin contamination were above 40 ng TEQ per kg soil. However, unlimited cultivation is
allowed for plants with minimum dioxin transfer, e.g. corn.
Guideline values were established for measures to be taken on children playgrounds and in
residential areas (Table 4): Remediation of contaminated soil is required in playgrounds if the
soil contains more than 100 ng TEQ per kg. Remediation means sealing, decontamination or
exchange of soil.
In residential areas, such action should be taken if the soil is contaminated with more than
1,000 ng TEQ per kg.
In industrial areas, the limit value was set to 10,000 ng TEQ per kg.
Fiedler reports that the recommendations have been translated into governmental
decrees in a number of Länder (Federal States in Germany) (Fiedler 1998).
The Swiss Ordinance Requires (SAEFL 2005):
"Art. 9 Cantonal measures where trigger values are exceeded (art. 34 para. 1 LPE)
1If in a given region the trigger value has been exceeded, the cantons shall determine whether
the impact on the soil presents a hazard to humans, animals or plants.
2If this is the case, the cantons shall restrict soil use as far as is necessary to eliminate the
hazard.
The Swiss "clean up" values for dioxin, in ppt , which are more analagous to Low
POPS levels, are:
Clean-up values
Children’s playgrounds
Home and family gardening
Agriculture and horticulture
ppt TEQ
100
100
1,000
These ‘clean up values’ are analagous to the Stockholm Low POPS limits with the
trigger levels being above the “de minimis” levels, as proposed above, as can be seen
from this diagram (SAEFL 2005):
Given that even the best regulatory systems cannot ensure that POPS contaminated
wastes (even from obvious sources like incinerators) do not end up being spread
directly onto home and family gardens, like the Newcastle allotments, then the Swiss
standards would confirm the appropriateness of a 0.1 ppb threshold for Low POPS
content waste.
We further note that Austrian law similarly requires that if the limit for PCDD/Fs
(100 ng I-TEQ/kg) in the waste incineration residues is exceeded, then the residues
must be treated in order to reduce this value below the limit. Further, according to
the Austrian law, formation and dispersion of dust from these wastes must be
prevented during transport and intermediate storage (Bundesgesetzblatt 2002).
In conclusion IPEN recommend a 0.1 ppb Low POPS content threshold for
PCDD/DF contaminated wastes with a 5 ppt “de minimis” level.
References:
BIPRO, B. f. i. P. (2005). Study to facilitate the implementation of certain waste related
provisions of the Regulation on Persistent Organic Pollutants (POPs) for the
European Commission, Brussels FINAL REPORT.
BLAG (1992). Umweltpolitik: Bericht der Bund/Länder-Arbeitsgruppe DIOXINE.
Rechtsnormen, Richtwerte, Handlungsempfehlungen, Meßprogramme,
Meßwerte und Forschungsprogramme. Bundesminister für Umwelt,
Naturschutz und Reaktorsicherheit (Hrsg.), Bonn, .
Buckley-Golder, D. P. M., P. Coleman, et al. (1999). Compilation of EU Dioxin
Exposure and Health Data Report for European Commission, DG
Environment and UK Department of the Environment, Transport and the
Regions (DETR), AEA Technology.
Bundeskanzleramt (2002). 389. Verordnung: Abfallverbrennung – Sammelverordnung.
Bundesgesetzblatt fuer die Republik Oesterreich. Jahrgang 2002, Ausgegeben am 25. Oktober
2002, Teil II.
ENDS, A. (2000). "Coalite dioxins enter human food chain via game birds
." ENDS 300: pp 14-15
Fiedler, D. H. (1998). Dioxin Case Study from Germany Subregional Awareness
Raising Workshop on Persistent Organic Pollutants (POPs),
, Puerto Iguazú.
Petrlik, J., MSc Arnika Association, Czech Republic and J. DiGangi, PhD
Environmental Health Fund, USA (2005). The Egg Report - Contamination of
chicken eggs from 17 countries by dioxins, PCBs and hexachlorobenzene
, “Keep the Promise, Eliminate POPs!” Campaign and Dioxin, PCBs and Waste
Working Group of the International POPs Elimination Network (IPEN)
Rogowski, D. L. and W. Yake (2005). "Typical dioxin concentrations in agriculture
soils of Washington state and potential sources." Environ Sci Technol 39(14):
5170-6.
SAEFL, L. D. (2005). Commentary on the Ordinance of 1 July 1998 relating to impacts
on the soil (OIS), Swiss Agency for the Environment, Forests and Landscape
(SAEFL): 43.
Schmid, P., E. Gujer, et al. (2005). "Correlation of PCDD/F and PCB concentrations in
soil samples from the Swiss soil monitoring network (NABO) to specific
parameters of the observation sites." Chemosphere 58(3): 227-34.