Revised Guidance Note for Ozone Depleting Substances Methyl Bromide

Transcription

1 Revised Guidance Note for Ozone Depleting Substances August 2008

2 Acknowledgements The Environmental Protection Agency is grateful for the input of URS Ireland Ltd. to the first draft of this Guidance Note (November 2005). This revised version is based on the November 2005 draft. Environmental Protection Agency 2008 Although every effort has been made to ensure the accuracy of the material contained in this publication, complete accuracy cannot be guaranteed. Neither the Environmental Protection Agency nor the author accepts any responsibility whatsoever for loss or damage occasioned, or claimed to have been occasioned, in part or in full as a consequence of any person acting or refraining from acting, as a result of a matter contained in this publication. All or part of this publication may be reproduced without further permission, provided the source is acknowledged. Environmental Protection Agency

3 CONTENTS Section Page No WHAT YOU NEED TO KNOW INTRODUCTION USES OF METHYL BROMIDE ENVIRONMENTAL IMPACT Environmental impact of methyl bromide Health and safety aspects of methyl bromide IMPACT OF THE REGULATIONS Implementation Phase-out Dates Import and Export Supply and Use of Ozone Depleting Substances Training and Minimum Qualifications ODS WASTE MANAGEMENT REPORTING REQUIREMENTS ALTERNATIVES TO METHYL BROMIDE ENFORCEMENT AND PROSECUTIONS SOURCES OF INFORMATION Appendix A - QPS Determination Chart Appendix B - Alternatives to Appendix C - ODS Waste Management Guidance Environmental Protection Agency Page 1

4 WHAT YOU NEED TO KNOW This Guidance Note is intended for those involved in the use of methyl bromide for quarantine and pre-shipment applications and licensed critical uses of methyl bromide in Ireland. The following summarises the main impacts of Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer in relation to supply and use of methyl bromide, further implemented in Ireland by the Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006). Impact Any existing stock of methyl bromide held by fumigation companies could be used until 31 December 2005 for existing processes (e.g. pre and post harvest uses) From 1 January 2006 methyl bromide may only be used for quarantine and pre-shipment purposes or for critical uses specifically authorised by the European Commission Methyl bromide will not be available for biocide use (under Directive 98/8/EC) from 1 September 2006 Import and export (from/to non-eu countries) requires authorisation from the European Commission Suppliers of methyl bromide should be authorised under national legislation relating to the plant protection product supply and use Fumigators of wood packaging can register under the NSAI Wood Packaging Phytosanitary Treatment Scheme (ISPM 15) Methyl bromide for laboratory and analytical use is not permitted under the Montreal Protocol. The DEHLG must apply for a critical use to the European Commission on behalf of intended users Those involved in the use of methyl bromide for pest control purposes are required to obtain a minimum qualification standard Disposal of waste or unused methyl bromide must be carried out in line with national and EU waste legislation Those continuing to use methyl bromide for quarantine and pre-shipment purposes must maintain accurate records of use Alternatives are available for replacement of methyl bromide. Users should actively investigate suitable available alternatives Guidance Note Section No Further details are provided in the main body of the Guidance Note. Environmental Protection Agency Page 2

5 1. INTRODUCTION The stratospheric ozone layer acts as a protective barrier or natural sunscreen in the upper atmosphere, preventing harmful ultraviolet radiation from reaching the earth s surface. Research during the 1970 s and 1980 s identified a hole in this ozone layer at certain times of the year above the Antarctic, with CFCs (chlorofluorocarbons) being identified as the cause of the depletion of stratospheric ozone. In addition to CFCs a range of other Ozone Depleting Substances (ODS) were identified as contributing to the depletion of the ozone layer. Through the United Nations Environment Programme (UNEP) a Global Convention was developed to protect the ozone layer, eventually resulting in the development of the Montreal Protocol in the late 1980 s. Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer is the European response under the Montreal Protocol. The Protocol is under constant review and amendments are agreed under the auspices of the United Nations (UN). Ireland has ratified all amendments. Regulation (EC) No. 2037/ established rules for the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances, referred to as controlled substances, that deplete the ozone layer. This covers a range of substances including: Chlorofluorocarbons (CFCs); Hydrochlorofluorocarbons (HCFCs); Halons; Hydrobromofluorocarbons (HBFCs); ; 1,1,1-Trichloroethane; Bromochloromethane; Carbon Tetrachloride. These substances are mostly used in refrigeration, air-conditioning (including heat pump equipment), fire suppression and pest control. Furthermore, some ODS are used as solvents, aerosol sprays and blowing agents. The Regulation prohibitss CFCs, halons, 1,1,1 trichloroethane, carbon tetrachloride, HBFCs, BCM and methyl bromide (with some exceptions). In addition, gradual phase-out and a medium term prohibition on HCFCs is introduced. While Regulation 2037/2000 is directly binding on all Member States, certain provisions of the Regulation are further implemented in Ireland by the Control of 1 A copy of the Regulation and other relevant information can be downloaded from the Commission s website at: Environmental Protection Agency Page 3

6 Substances that deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006). These Regulations officially designate the Environmental Protection Agency as competent authority, while the Department of Agriculture and Food, the Revenue Commissioners (Customs) and the Department of Transport (Maritime Safety Directorate) are each designated as competent bodies. A copy of the Regulations is can be downloaded from A series of Guidance Notes has been produced to cover the range of controlled substances and their uses. This Guidance Note focuses on the main uses in Ireland in relation to methyl bromide use for pest control. 2. USES OF METHYL BROMIDE Methyl bromide is a broad spectrum pesticide that has been used in the control of insects, weeds, pathogens and rodents. The main applications of methyl bromide have been in: Treatment of soil prior to planting; Post harvest treatment of commodities such as grains, timber, fruit and flowers; Disinfection of buildings, ships, vehicles and other structures; and Quarantine and pre-shipment use (QPS). The above uses would also have been the main reported uses in Ireland historically. However, methyl bromide usage has been restricted since the 1 January Its use is now limited to quarantine and pre-shipment applications, specific critical uses licensed by the European Commission, and authorised emergency use against unexpected outbreaks of particular pests. This is further detailed in Section 4.2. Table 2.1 provides a summary of the key nomenclature used to describe and/or label methyl bromide. Table 2.1 Common Labelling Nomenclature Common Name Chemical Formula Trade Names (not exhaustive) Methyl bromide or bromomethane CH 3 Br Meth-O-Gas, Bromo-O-Gas, Dowfume Embafume, Terabol, Terr-O-Gas, Haltox CAS Number UN Number 1062 UN Hazard Class 2.3 CN Code (CN 99) Harmonised Customs Code Risk Phrases (S.I. 77/1994) R23-36/37/38 Safety Phrases (S.I. 77/1994) S1/2, /37/ Ozone depleting potential (ODP) 0.6 Environmental Protection Agency Page 4

7 A range of alternatives to methyl bromide is discussed in Section 7. QPS use reportedly accounts for 22% (UNEP, 1998) of all methyl bromide use worldwide and is exempt from the terms of the Montreal Protocol. However, it is the subject of close scrutiny and under Article 4(2)(iii) of Regulation (EC) No. 2037/2000, Member States must submit an annual report on methyl bromide used for QPS use to the Commission and provide information on the progress being made to identify and adopt alternatives, as detailed in Section ENVIRONMENTAL IMPACT 3.1. Environmental impact of methyl bromide Methyl bromide is referred to as an ozone depleting substance (ODS), because once it is released into the environment and reaches the stratosphere, it interacts with ozone and destroys ozone molecules. Some ODS can have lifetimes in the stratosphere for hundreds of years, though in the case of methyl bromide the reported atmospheric lifetime is approximately 0.7 years. A molecule of methyl bromide has the potential to destroy ozone molecules during its entire lifetime. Various ODS are assigned Ozone Depleting Potentials (ODP) depending on their potential 2 to cause ozone depletion in the stratosphere (see Table 2.1). Ozone is a gas composed of three bonded oxygen atoms (O 3 ). In the Earth s atmosphere, ozone is formed from molecular oxygen (O 2 ) in the reactions initiated by UV light. Ozone can be found in two levels, at ground level and in the Earth s upper atmosphere, referred to as the stratosphere. At ground level, ozone is a significant air pollutant, forming smog. In the stratosphere it is referred to as the ozone layer. The ozone layer encircles the stratosphere at approximately 10 km above ground level. It filters ultraviolet (UV) radiation reducing the amount of radiation reaching ground level. The depletion of the ozone layer exposes living organisms to high levels of the harmful UV-B radiation. Most importantly, this negatively impacts human health causing increased occurrence of skin cancers, cataracts and weakened immune system. Other negative impacts of depletion of the ozone layer are: High levels of UV-B radiation causes sunburn and can potentially damage DNA, Changes in plant growth, Degradation of building materials, particularly paints, rubbers, woods and plastics. While many ozone depleting substances also have potential health and safety impacts the objective of the Regulation and of this Guidance Note relates to the potential for depletion of the ozone layer due to release of these compounds. The 2 Each ozone depleting substance is assigned an ODP relative to the compound CFC-11, which has an ODP of 1. Environmental Protection Agency Page 5

8 most significant ozone layer depletion occurs over Antarctica, where the ozone concentration is approximately 30% of its pre-1970s concentration. Ozone concentration is still decreasing, but at a lower rate since implementation of the Montreal Protocol in It is estimated that the ozone layer above Antarctica will recover after Further information on ozone depletion and international action is available from the United Nations Environment Programme website ( Health and safety aspects of methyl bromide From a health and safety point of view methyl bromide is also a toxic gas. It is 3 times heavier than air and can accumulate in poorly ventilated or low-lying areas. It is reported that fatalities have occurred among pesticide appliers and building occupants who were exposed during the application process or who prematurely re-entered fumigated buildings. Symptoms of exposure include irritation of the eyes, nose, skin, lungs and potentially convulsions and coma ( Appropriate training for personnel using methyl bromide is therefore critical in relation to health and safety as well as minimisation of environmental impacts. In addition, potential users of should refer to manufacturer s instructions prior to use. 4. IMPACT OF THE REGULATIONS 4.1. Implementation Under the Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006), the Environmental Protection Agency is the designated competent authority for implementation and enforcement of Regulation 2037/2000. Three competent bodies have also been assigned official responsibility under the Regulations: Department of Agriculture and Food, the Revenue Commissioners (Customs Division) and the Maritime Safety Directorate. Specific requirements, such as minimum qualifications, have also been introduced in Ireland under the Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006). This is discussed further in Section 4.5. The Pesticide Control Service (PCS) of the Department of Agriculture and Food is the competent authority for plant protection products (under Directive 91/414/EEC 3 ) and biocide products (under Directive 98/8/EC 4 ). The registration of methyl bromide in Ireland ceased on 31 December Therefore, it is no longer available for quarantine and pre-shipment or any other use. Further information is available from the Pesticide control Service of the 3 Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market 4 Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market Environmental Protection Agency Page 6

9 Department of Agriculture, Fisheries and Food ( Phase-out Dates The phase-out schedule for methyl bromide allowed the use of existing stock of methyl bromide for fumigation uses up to the end of December Methyl bromide usage from 1 January 2006 onwards is limited to: Quarantine and Pre-shipment (QPS) use, Critical uses as specifically authorised by the European Commission (see Figure A.1 in Appendix A), Emergency use (e.g. in the event of unexpected outbreak particular pests or diseases) if authorised by the Commission, for a temporary period not exceeding 120 days. Other minor uses which are allowed under the Regulation include use as a feedstock (i.e. a production process where the methyl bromide undergoes chemical transformation, and is entirely converted from its original composition with no significant emissions of methyl bromide). Under a separate European requirement, (Directive 98/8/EC) methyl bromide is no longer available for biocide use since 1 September There are reporting requirements associated with the use of methyl bromide in quarantine and pre-shipment applications. This is further detailed in Section Import and Export Import and export in the context of Regulation (EC) No. 2037/2000 refers only to trade with non-eu countries and does not refer to movement of ODS within the European Community. The shipment of waste ODS within the EU is governed by other national and EU legislation. Figure 1 illustrates the relationships in the ODS import and export reporting requirements etc. The import and export of ODS is subject to strict limitations as detailed in the Import and Export Declaration documents which can be downloaded from the Commission ODS website at: The import and export of the majority of ODS is effectively prohibited, with limited exceptions for authorised essential uses, use as a feedstock or processing agent, and import for destruction (this not applicable for Ireland as no destruction facilities are available in Ireland). The import and export of equipment and products containing ODS is also severely restricted. Imports are allowed for authorised essential uses. Products and equipment shown to be manufactured prior to the entry into force of the Regulation (i.e. before 1 October 2000) are not subject to import prohibitions. Environmental Protection Agency Page 7

10 Further limitations are applicable to trade with countries which are not party to the Montreal Protocol, with trade only being allowed under very limited circumstances. The import and export of methyl bromide into/out of the European Community requires authorisation from the Commission under Regulation (EC) No. 2037/2000. Import Licenses and Export Authorisation Numbers can be obtained via the Commission s ODS website by following the correct procedures. It is the responsibility of the importer/exporter to apply to the Commission via their website All correspondence with the Commission should be directed to: Ozone Layer Protection European Commission Directorate - General Environment Unit ENV.C.2 Climate Change B 1049 Brussels Fax: env-ods@ec.europa.eu If an import request is approved, the Commission will allocate a portion of the available methyl bromide quota to the applicant for import and issue an import licence. A copy of the import licence will be sent to the Competent Authority of the Member State. Similarly, for authorised exports from the EU, the exporter is issued with an Export Authorisation Number (EAN). Exports cannot be carried out without an EAN issued by the Commission. Applications for import and export authorisation must be renewed on an annual basis. Importers and exports are required to report annually to the Commission according to Article 19 of Regulations 2037/2000, with specified data on import and export of methyl bromide. A copy of the report must be submitted to the Environmental Protection Agency: Ozone Depleting Substances Office of Licensing and Guidance Environmental Protection Agency P.O. Box 300 Johnstown Castle Estate Co. Wexford Or via to ods@epa.ie In addition, stamped used licence documents (import licences and export authorisation numbers) must be provided to Customs ( at the point of import or export. Further guidance on import and export procedures can also be obtained from Customs. It is recommended that any person wishing to carry on trade of ODS or ODS containing equipment with countries outside the European Community should carefully consult the Regulation 2037/2000 and S.I. No. 281 of 2006 and the Environmental Protection Agency Page 8

11 guidance provided on the Commission ODS website prior to making an application to the Commission. It should also be noted that the Regulation 2037/2000 prohibits the transportation of all ODS in disposable containers, except for essential uses. Environmental Protection Agency Page 9

12 Customs Used licence documents (import licenses and export authorisations) Information for Art 20(3) report Copies of import licences and export authorisations and Art 19(1) and 19(3) reports Environmental Protection Agency Stamped used licence documents (import licenses and export authorisations) Copy Copies of import licences and export authorisations European Commission 1. Declare intent to import or export 2. Request import licence or export authorisation Issue import licences and export authorisations Report under Article 19(1) and 19(3) (copy to EPA) Importers & exporters Figure 1 Guidance for importers and exporters Environmental Protection Agency Page 10

13 4.4. Supply and Use of Ozone Depleting Substances Import/Marketing There is no production of methyl bromide in Ireland. Users of methyl bromide should not attempt to import methyl bromide directly and should only obtain supplies through an authorised channel. Methyl bromide is not currently registered in Ireland. Alternative chemicals used for plant protection or as biocides must be authorised for use in Ireland by the PCS. Authorised plant protection products are listed on the PCS website: Fumigation As methyl bromide is no longer registered in Ireland, it cannot be used for quarantine and pre-shipment or any other fumigation applications. Heat treatment is an approved alternative for quarantine and pre-shipment treatment of wood packaging in line with the requirements of the International Standard for Phytosanitary Measures (ISPM) No. 15. The National Standards Authority of Ireland (NSAI) administer the scheme on behalf of the Department of Agriculture and Food. This standard requires all solid wood pallets and packaging to comply with ISPM No. 15, which is the international standard requiring all solid wood components to be heat treated or fumigated. More information can be obtained from the Forest Service on or from the National Standards Authority of Ireland ( Critical Use and Essential Use Critical use exemptions are issued each year by the European Commission, via Commission Decisions applicable to a calendar year. There are currently no critical use exemptions authorised in Ireland. At present, there are no exemptions permitted for the use of methyl bromide for laboratory and analytical uses in the Montreal Protocol. However, intended laboratory users of methyl bromide can apply for an essential use exemption by following the procedure outlined on the European Commission s ODS website ( Strict criteria are followed in assessing any application for critical use or essential use exemptions. The European Community has published a Management Strategy Phase-Out of Critical Uses of, which provided useful information and is available to download also from the Commission s website Environmental Protection Agency Page 11

14 Feedstock Use Use of methyl bromide as a feedstock 6 is allowed under Regulation 2037/2000 (Article 4(4)(b). Quarantine and Pre-shipment Use This section is for information only. As methyl bromide is no longer registered in Ireland, it cannot be used for quarantine and pre-shipment or any other fumigation applications. Use of methyl bromide for quarantine and pre-shipment fumigation is permitted under Regulation 2037/2000. Quarantine and pre-shipment is not defined in the Regulation. However, detailed definitions have been provided in Decisions made at meetings of the Parties to the Montreal Protocol. These definitions are as follows: Quarantine applications, with respect to methyl bromide, are treatments to prevent the introduction, establishment and/or spread of quarantine pests (including diseases), or to ensure their official control, where: (i) Official control is that performed by, or authorised 7 by, a national plant, animal or environmental protection or health authority; (ii) Quarantine pests are pests of potential importance to the areas endangered thereby and not yet present there, or present but not widely distributed and being officially controlled. (Decision VII/5 of the Meeting of the Parties to the Montreal Protocol) Pre-shipment applications are non-quarantine applications that are applied within 21 days prior to export to meet the official requirements of the importing country or existing official requirements of the exporting country. Official requirements are those which are performed by, or authorised 8 by, a national plant, animal, environmental, health or stored product authority. 6 Use as a feedstock means that all utilised ODS is chemically transformed during use with no significant emissions. (Definition in Article 2 of the Regulation) 7 Authorised refers to specific instructions provided by a national plant, animal or environmental protection or health authority. 8 Authorised refers to specific instructions provided by a national plant, animal, environmental protection, health or stored product authority. Environmental Protection Agency Page 12

15 (Decision XI/1 of the Meeting of the Parties to the Montreal Protocol) A flow diagram to be used in determining whether a methyl bromide use qualifies as QPS use is included in Appendix A (UNEP, ). QPS Authorisation Each QPS application must be authorised by a national authority with responsibility, for plant health, animal health or environmental protection. In the case of pre-shipment applications, a stored product authority may also authorise applications of methyl bromide. This requirement is addressed by Article 7(1)(b) of the Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006). In practice the Department of Agriculture and Food will authorise quarantine methyl bromide applications, and where the use relates to a phytosanitary matter requiring official control, pre-shipment methyl bromide applications. The Environmental Protection Agency will assess other pre-shipment methyl bromide applications and issue authorisation where appropriate. Any methyl bromide applications that are carried out to meet the ISPM 15 standard are quarantine applications and are considered authorised through current Department of Agriculture and Food and NSAI procedures. Any other methyl bromide applications must be authorised either by the Department of Agriculture and Food or the Environmental Protection Agency and such fumigators are advised to contact either authority for further guidance. The EPA, as competent authority for implementation and enforcement, must report annually to the Commission, under Article 4(2)(iii) of the Regulation, detailed information in relation to the quantity of methyl bromide used in such applications. QPS fumigators in Ireland must report this information to the EPA on an annual basis. This is further discussed in Section 6. Fumigators using methyl bromide are required to meet minimum qualification requirements. This is further discussed in Section 4.5. Leakage prevention and minimisation measures must be put in place when methyl bromide is used. This is a specific requirement of the Regulation. Recommended methyl bromide dosage rates are set out in the 2002 Assessment Report of the Technical Options Committee. Fumigators should refer to this document when applying methyl bromide for QPS to ensure that the correct dosage rate is being applied Training and Minimum Qualifications The minimum qualification for persons whose business or employment involves fumigation using methyl bromide is the British Pest Control Association Certificate 9 United Nations Environment Programme, Towards Phase-out A Handbook for National Ozone Units Environmental Protection Agency Page 13

16 of Proficiency for Fumigation Operators in a relevant specialist module(s), or equivalent 11. This requirement is made mandatory by Article 9 of the Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006), addressing Article 16 of Regulation 2037/2000. The Certificate of Proficiency covers important aspects of methyl bromide use, including: Fumigation and the law (including reference to Regulation (EC) No. 2037/2000), Biology of the major target pest species, Properties and toxicity of methyl bromide, Respiratory protection, Application of fumigants to buildings, stacks, containers, chambers, ships. Guidance on the application of methyl bromide is also available from the product manufacturers. These documents typically include information on: storage and handling, application techniques for different situations, leak prevention, monitoring, health and safety precautions, and recommended dose rates for various applications. 5. ODS WASTE MANAGEMENT Detailed guidance on management of waste ODS is provided in Appendix C, while a general introduction is provided in this section. ODS can only be destroyed by approved methods, the most common of which is high temperature incineration. No such facilities are available in Ireland at present, however they are available within the European Community, hence transfrontier shipment will be required for disposal of ODS. Waste methyl bromide (and also, potentially, used methyl bromide containers) is considered a hazardous material and is subject to the requirements of the relevant EU and Irish waste management legislation including: Waste Management Acts 1996 to 2008; 11 Any decision on equivalent qualifications will be made by the Environmental Protection Agency. Environmental Protection Agency Page 14

17 Waste Management (Hazardous Waste) Regulations 1998; Waste Management (Movement of Hazardous Waste) Regulations, 1998; Waste Management (Shipment of Waste) Regulations, 2007; The Carriage of Dangerous Goods by Road Regulations, 2001; Waste Management (Collection permit) Regulations, 2007; Waste Management (Collection Permit) (Amendment) Regulations, 2008; It is important to note that the legislative references detailed in the text are subject to ongoing review both at EU and national level and may change in time. For movement of hazardous waste within Ireland, the movement of the waste must be recorded by means of a consignment note, known as a C1 form (which are obtained from local authorities). Export of hazardous waste is subject to Transfrontier Shipment (TFS) requirements. Dublin City Council operates the National TFS Office, which can be contacted as follows: Dublin City Council National TFS Office Eblana House Marrowbone Lane Dublin 8 Fax: (01) nationaltfs@dublincity.ie Web: Administration Department (01) (01) (01) (01) Technical Department (01) (01) (01) The movement and disposal of hazardous waste is a relatively complex and specialised area, and it is therefore recommended that the services of a licensed hazardous waste contractor is employed to dispose of any consignments of hazardous waste. A list of licensed contractors is available on the Irish EPA website at (A search facility for waste licences is available on the home page). Upon ultimate disposal of the waste a certificate of disposal will be issued to the producer of the waste. A copy of all waste documentation (e.g. C1 forms, TFS documents) should be kept by the producer of the waste and maintained (along with other related waste documentation) for a minimum of 7 years. Environmental Protection Agency Page 15

18 6. REPORTING REQUIREMENTS Producers, Importers and Exporters Producers, importers and exporters of ODS are required to report annually to the Commission, according to the requirements set out in Article 19 of Regulation 2037/2000, copying any such report to the Environmental Protection Agency. There are no known methyl bromide producers in Ireland. Critical Use Critical use exemptions are issued each year by the European Commission, via Commission Decisions applicable to a calendar year. There are currently no critical use exemptions authorised in Ireland. One critical use exemption was licensed by the Commission for Ireland in 2006, which ceased on 31 December Applications for critical use exemption are assessed on a case by case basis and the procedure to be followed is outlined on the Commission s ODS website ( There are no prescribed reporting requirements relating to critical use of methyl bromide as such critical uses are tightly controlled and monitored by the Commission and the relevant Member State competent authority. Quarantine/Pre-Shipment Use The EPA, as competent authority, is also required to submit annual reports to the Commission on methyl bromide use in quarantine and pre-shipment applications under Article 4(2)(iii) of the Regulation. To this end, the EPA conducts an annual survey of the fumigation operators to gather this information and prepare the annual report. Methyl bromide is no longer registered in Ireland and therefore cannot be used in quarantine and pre-shipment or other fumigation applications. 7. ALTERNATIVES TO METHYL BROMIDE Progress is continuing in the development of alternatives to methyl bromide. However, no single direct replacement has yet been identified and a range of alternatives is now available to suit different end-user needs. UNEP and other interest groups, strongly endorse the use of Integrated Pest Management, which promotes that integration of a variety of practices, non-chemical alternatives and new chemicals to achieve satisfactory pest control. A number of useful documents detailing alternatives to methyl bromide are available on the UNEP OzonAction Programme website. These documents include: Sourcebook of Technologies for Protecting the Ozone Layer: Alternatives to (2001); Case Studies on Alternatives to : Technologies With Low Environmental Impact (1998). Environmental Protection Agency Page 16

19 These publications can be downloaded from the United Nations Environment Programme website: Useful documents are also available on the Commission s website The EC Management Strategy for the Phase-out of Critical Uses of also provided useful information on alternatives available. This document is also available to download from the Commission s website. Appendix B to this Guidance Note provides a summary of a range of alternative chemicals and processes commonly being adopted to replace a variety of methyl bromide applications. These alternatives are promoted by UNEP s Methyl Bromide Technical Options Committee. However the list is in no way considered definitive with alternatives being constantly developed since its publication. Information provided should therefore be taken only as a guide and a thorough investigation of alternatives must be undertaken when moving to alternatives. Each alternative must be adapted to suit the individual application and in some cases, a combination of methods and chemicals may be required. The potential for chemical tolerance or resistance in the local insect/pest population to the alternatives is also a critical factor when selecting a treatment method. The inclusion of this data does not represent a recommendation of a particular methyl bromide alternative, and all alternatives should be scrutinised closely to ensure no other adverse impacts such as impact on local watercourses or wildlife. Suppliers and users of methyl bromide alternatives must ensure that the chemicals selected are registered for use in Ireland (see Section 4.4). This is particularly relevant where the substance is to be applied to food stocks. 8. ENFORCEMENT AND PROSECUTIONS The Environmental Protection Agency has been officially designated as competent authority for the implementation and enforcement of Regulation (EC) No. 2037/2000 by Article 6 of the Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006). In addition, supporting roles have been assigned to three competent bodies as follows: Department of Agriculture and Food The Revenue Commissioners The Maritime Safety Directorate With the support of relevant competent bodies, the EPA will continue, and expand where necessary, its current contacts with the fumigation sector with the view to ensuring compliance and gathering data to meet reporting requirements. Any breaches of the Regulation will be regarded seriously by the Agency and the competent bodies. Prosecution is provided for under Article 12 of the Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006). Environmental Protection Agency Page 17

20 9. SOURCES OF INFORMATION Competent Authority - Environmental Protection Agency Ozone Depleting Substances Office of Licensing and Guidance Environmental Protection Agency PO Box 3000, Johnstown Castle Estate Co. Wexford Phone: Website: Government Body - Department of the Environment, Heritage and Local Government Air/Climate Section Department of the Environment, Heritage and Local Government Customs House Dublin 1 Phone: Website: Competent Bodies Department of Agriculture and Food Pesticide Control Service Department of Agriculture and Food Laboratories Backweston Campus Young's Cross Celbridge County Kildare Phone: Forest Service Department of Agriculture and Food Agriculture House Kildare Street Dublin 2 Phone: e= forestry/pages/index.xml - Revenue Commissioners (Customs Division) Office of the Revenue Commissioners International and Trade Security Branch (Customs Division) Nenagh Co. Tipperary Phone: Website: - Maritime Safety Directorate Maritime Safety Directorate Environmental Protection Agency Page 18

21 Department of Transport Leeson Lane Dublin 2 Phone: Website: Useful Websites Environmental Protection Agency Page 19

22 Appendix A - QPS Determination Chart Environmental Protection Agency 20

23 Figure A.1 QPS Determination (from UNEP, ) 12 United Nations Environment Programme, Inventory of Technical Resources for Promoting Methyl Bromide Alternatives. Environmental Protection Agency 21

24 Appendix B - Alternatives to Environmental Protection Agency 22

25 Table B.1 Summary of Alternatives for Post Harvest Uses of methyl bromide (UNEP, ) Alternatives for Post Harvest Uses of methyl bromide Carbon dioxide Ethylene oxide Phosphine Proplyene oxide Sulfurly fluoride Sulphur dioxide Aerosol pesticide formulations Contact Insecticides Dichlorvos High pressure water Inert dust/earth Pyrethroids Pheromones Physical removal Preservatives Rodenticide Durables (general) X X X Artefacts X X X Coffee, Tea & Cocoa X X X X Cereals & Grain X X X X X X Cotton X Dried Fish & Meats X Dried fruit & nuts X X X Grains (general) X X X X X X Rice X X X X X Wheat X X X X Herbs & Spices X X X Pulses X X X X Seeds (for planting) X X X X Timber Products X X X X Tobacco X X X 13 UNEP, Case Studies on Alternatives to Technologies With Low Environmental Impact Environmental Protection Agency 23

26 Carbon dioxide Ethylene oxide Alternatives for Post Harvest Uses of methyl bromide Phosphine Proplyene oxide Sulfurly fluoride Sulphur dioxide Aerosol pesticide formulations Contact Insecticides Dichlorvos High pressure water Inert dust/earth Pyrethroids Pheromones Physical removal Preservatives Rodenticide Perishables X X X Cut flowers X X X X Fresh fruits X X X Vegetables X Structures X X X X X Flour mills X Transport X X X Freight containers X Other vehicles X Environmental Protection Agency 24

27 Table B.2 Summary of Alternatives for Pre-Plant use of methyl bromide (UNEP, 1998) Alternatives for Pre- Plant use of methyl bromide 1,3 Dichloropropene* 1,3-D, Brush burning 1,3-D, Chloropicrin 1,3-D, Chloropicrin, Metam sodium 1,3-D, Chloropicrin, Pebulate 1,3-D, Metam sodium Basamid Chloropicrin Sodium tetrathiocarbonate Metam sodium Metam sodium, Chloropicrin Metam sodium, Crop rotation Metam sodium, Solarization Nematicides Solarization, Fungicides Nursery (general) X X X X X X X Strawberries runners X X X Forest tree nursery X X Tobacco seedlings X X X X X Strawberries fruit X X X X X X X Curcubits (general) X X X X Cucumber X Melon X Squash X Solanaceous crops (general) X X X X X X X Tomato X X X X X X X Pepper X X X X X X Root crops X X Other vegetable crops X Onion X Peas X Environmental Protection Agency 25

28 1,3 Dichloropropene* Alternatives for Pre- Plant use of methyl bromide 1,3-D, Brush burning 1,3-D, Chloropicrin 1,3-D, Chloropicrin, Metam sodium 1,3-D, Chloropicrin, Pebulate 1,3-D, Metam sodium Basamid Chloropicrin Sodium tetrathiocarbonate Metam sodium Metam sodium, Chloropicrin Metam sodium, Crop rotation Metam sodium, Solarization Nematicides Solarization, Fungicides Ornamentals (general) X X X X X X X Rose X X X Fruit and nut trees X X X X X Banana X X X X Citrus X X Vineyard X Stone fruit X Sod/turf X *1,3 Dichloropropene = 1,3-D Environmental Protection Agency 26

29 Appendix C - ODS Waste Management Guidance Environmental Protection Agency 27

30 1. WASTE CLASSIFICATION Most waste ODS and used ODS containers 14 are classified as hazardous substances. Waste is classified across the EU according to the European Waste Catalogue and Hazardous Waste List 15. Most of the ODS are covered under the following chapters of the catalogue: ODS substances (gases, solvents, etc.) Chapter 07 Chapter 08 Chapter 14 Wastes from organic chemical processes (this section includes codes for solvents used in a wide range of organic chemical industries) Wastes from the manufacture, formulation, supply and use (MFSU) of coatings (paints, varnishes and vitreous enamels), sealants and printing inks Waste organic solvents, refrigerants and propellants (except 07 and 08) For equipment containing ODS Chapter 16 Chapter 20 Wastes from electrical and electronic equipment (including CFC, HCFC and HFC) Municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions The European Waste Catalogue and Hazardous waste list can be downloaded from the following web site: COLLECTION AND TRANSPORT OF WASTE 2.1 Waste Collection Permits In general, waste may only be collected and transported by holders of waste collection permits. Waste collection permits are granted by local authorities. However, special provisions have been made in the revised Waste Collection Permit Regulations to allow the collection of waste, returned or recovered refrigerant gases, halons and fluorinated greenhouse gases to be carried on by persons that have made a Prior Annual Notification to the EPA. Further information is available on 14 Containers that were used to transport ODS that are now empty or are nominally empty and are to be 15 disposed of. EPA, European Waste Catalogue and Hazardous waste List (2002) See Environmental Protection Agency 28

31 The special provisions referred to above can only be made by persons meeting the following conditions: the activity is incidental to the main business the activity is small-scale, leading to environmentally beneficial operations the quantity transported does not exceed 2 tonnes no mixing of different gases occurs the material is brought to an authorised facility 16 handling and transport should prevent venting or leakage the material is recycled or destroyed according to relevant requirements 2.2 Transport of Hazardous Waste within Ireland (C1 form) The movement of hazardous waste point to point within Ireland must be accompanied by a C1 form in accordance with the Waste Management (Movement of Hazardous Waste) Regulations, However, a number of exemptions apply, under Article 35 of the Collection Permit Regulations 18. In practical terms, the C1 form must be completed at each stage of a journey. The form has five carbon copies. By the time the shipment is ended, one copy will be with the originator of the waste, one copy will be with the authorised destination facility, one copy will be with the local authority that issued the blank C1, one copy will be with the destination local authority and one copy will be retained by the carrier. C1 forms may be obtained from the local authority in whose area the waste is collected. For more information on C1 forms, contact your local authority. 2.3 Export of Waste outside of Republic of Ireland Any movement of waste from a point within Ireland to a point outside of Ireland is governed by the EU Transfrontier Shipment of Waste Regulation (1013/2006) 19. For the export of hazardous waste, a transfrontier shipment (TFS) notification must be made, and authorisation to proceed obtained, prior to the export of waste taking place. No export of 16 An authorised facility is a facility that has been granted an waste/site authorisation in the form of a waste licence, a waste facility permit or a certificate of registration 17 S.I. No 147 of 1998 Waste Management (Movement of Hazardous Waste) Regulations, S.I. No. 820 of 2007 Waste Management (Collection Permit) Regulations, 2007, amended by S.I. No. 87 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste Environmental Protection Agency 29

32 waste should take place without the appropriate authorisations having been received from the competent authorities in Ireland, the destination country and transit countries 20. Dublin City council is designated as the National Competent Authority for export, import and transit of waste shipments under the Waste Management (Shipment of Waste) Regulations Further information can be obtained from the National TFS Office in Dublin City Council: A TFS notification is consists of two parts: 1) Notification form, which must be completed before waste is moved. This form provides all the information necessary to obtain the advance consent of the competent authorities. 2) Movement Tracking Form, which accompanies the shipment when it is moved. It provides information on the actual movement of each waste load. When the waste is received at its destination, the consignee issues a certificate of receipt confirming that the waste has reached its authorised destination. Upon disposal of the waste, the consignee issues a certificate of disposal confirming that the waste has actually been destroyed. 3.0 STORAGE, TREATMENT, RECYCLING, DISPOSAL (AUTHORISED FACILITIES) Waste may only be stored, treated, recycled or disposed of at authorised facilities. Depending on the type and scale of activity, authorisation may be in the form of an EPA waste licence or a local authority waste facility permit. A waste licence is typically required for any facility where hazardous waste is stored, treated, recycled or disposed of. This will include any transfer station for ODS in the form of packaged chemical waste, for example, bottles of waste CFC or drums of waste solvent being shipped abroad for disposal by incineration or other means. A list of all licensed facilities in Ireland may be found at: A waste facility permit is typically required for non-hazardous waste recycling facilities. This typically includes any facility that handles fridges and freezers and general electrical and electronic equipment. Waste Facility Permits are issued by local authorities. For specified waste activities, certain facilities can operate under a Certificated of Registration issued by a local authority or the EPA. Further information on licensing, permitting and certificates of registration can be obtained from the EPA website: 20 For example, an export of waste from Ireland to Germany is likely to pass through the Netherlands. In this case the competent authority of destination will be located in Germany and the competent authority of transit will be located in the Netherlands. 21 S.I. No. 419 of 2007 Waste Management (Shipment of Waste) Regulations, Environmental Protection Agency 30

33 Before you use any facility for the storage, treatment, recycling or disposal of waste for which you are responsible, ask for a copy of the facility s authorisation. If you have any doubts about the facility, check with the appropriate regulator (EPA or local authority) and do not use the facility unless you have seen and are wholly satisfied with the authorisation in place. 3.1 Practicalities of Collection, Transport, Storage, Treatment, Recycling and Disposal In practical terms, the generator/owner of waste ODS may decide to dispose of the waste in either of two ways; 1) Recover and transport the waste to an authorised waste facility for storage and treatment, or 2) Employ the services of a waste contractor to collect the waste on the owner s behalf and transport it to an authorised waste facility. Figure 1 summarises the main steps in organising the collection, storage, treatment, recycling and disposal of waste. There are a large number of waste contractors authorised to handle the collection and transport of hazardous waste. These companies will typically provide a full service and deal with all authorisation processes for the transport, storage and export of waste. As above, do not use any waste contractor that cannot provide evidence of waste collection permits (in respect of any collection and transport of waste) and waste facility permits or licences (in respect of any facility in Ireland to which the waste will be delivered). If exporting waste, ensure that the contractor complies with all transfrontier shipment of waste legislation. If you intend using a waste broker or dealer to handle your waste, you must ensure that the broker is registered with the relevant local authority. There are obligations for waste brokers to inform the local authority of their activities, to compile and maintain waste records and to furnish information if requested. 22 There are also Duty of a holder of waste requirements under Section 32 (1) of the Waste Management Act 1996, that one must be aware of regarding the holding, collection and movement of waste; 32 (1) A person shall not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. 23 With regards to the storage of waste, The Waste Management Act 1996 defines 'temporary storage' as the storage of waste for a period not exceeding 6 months. The storage of waste 22 Section 26 (2) of S.I. No. 402 of 2001 Waste Management (Collection Permit) Regulations, Section 32 (1) of the Waste Management Act 1996 Environmental Protection Agency 31