Declarations, Low Concentrations and Mixtures: Paper 15

RONALD G. SUTHERLAND, THOMAS STOCK, THOMAS KURZIDEM,
PATRICIA RADLER AND YORK VON LERSNER

Bad Homburg, Germany
8- 10 September 1995

Another unresolved problem left by the CWC for resolution by the PrepComand final approval
of the Conference of States Parties was the case of where a mixture containeda "low chemical
concentration" of either a Schedule 2 or 3 chemical. The Conventionmerely states that
declarations will only be required in accordance with guidelines to be developedand approved.

There are two fundamental possibilities; a chemical is produced as a byproductof an industrial
process and it has some commercial value or it is part of a waste streamand of no particular
value to the producer.

In the case of Schedule 2 one would also has to consider byproducts of processingor
consumption. It is unlikely to be a problem with a finished product, eitherimported or
exported, unless a small amount of a scheduled chemical formed part of aformulated material.

The guidelines for low concentrations should relate to (I) declarable quantities(II) ease of
separation and (III) ease of subsequent chemical reaction without isolationto produce a
chemical of greater concern to the Convention, i. e., Schedule 1 from aSchedule 2 chemical,
and Schedule 2 (or 1) from a Schedule 3 chemical.

It should be recalled that a Schedule 2 chemical has to be declared at thefollowing quantities:

- 1 kg of chemical * in 2A
- 100 kg of 2A chemical
- 1 tonne of 2B chemical

and, for Schedule 3:

- 30 tonnes of Schedule 3 chemical

It seems unlikely that a completely general set of guidelines could be developedsince the fate
of any mixture normally will depend on the chemical properties of the componentsof the
mixture and the concentration level of the component of interest. The aimsof the possible
verification inspection should also be taken into consideration.

These are, for Schedule 2:

- absence of any Schedule 1 chemical (especially production);
- consistency with declarations; and
- non diversion of Schedule 2

while for Schedule 3:

- consistency with declarations; and
- absence of Schedule 1 chemicals (especially production).


It is suggested that the following points should be considered in settingguidelines:

Schedule 2

(I) irrespective of concentration, the quantity produced or processed exceedsa declarable
amount for the chemical involved;

(II) the substance could, in principal, be readily separated and stockpiledor otherwise
disposed of; and

(III) the substance can be chemically converted into a Schedule 1 chemicalwithout separation.


Schedule 3:

(I) irrespective of concentration, the quantity produced exceeds a declarableamount;

(II) the substance could, in principal, be separated and stockpiled or otherwisedisposed of;

(III) the substance can be chemically converted to a Schedule 1 chemicalwithout separation;
and

(IV) the substance could be used as the starting material in the productionof a Schedule 2 or
Schedule 1chemical at a level above the threshold without separation.

No declarations should be required if the substance forms part of a wastesystem which is
used as the feed for an incineration or other irrecoverable waste processingas long as it is
demonstrated that such a system cannot be bypassed. Waste treatement plantswhere a
scheduled chemical is recovered for further use should be declared at theappropriate threshold
level.