the toxic truth - Greenpeace

the toxic truth
Coker naphtha is a by-product of oil refining
that needs to be dealt with either by proper
disposal or by further processing to turn it
into a commodity or product. The Mexican
coker naphtha that Trafigura bought is a liquid
residue of two primary refinery processes. The
fact that experts note that there is a relatively
“thin” market for coker naphtha 312 is further
indication that coker naphtha is not the
primary intended product, but rather a byproduct,
which could either be disposed of (eg
through incineration) or be further processed
(recycled or reclaimed) in order to transform
it into a product or commodity. Under Basel
definitions then, coker naphtha should be
considered a waste.
If one considers coker naphtha a waste
material, the next question is whether or not
the material is hazardous, and therefore one
that falls under the Basel control regime.
Based on data from the Mexican company
that sold the coker naphtha, the substance
includes toxic, irritant and flammable
compounds. 313
Hazardous waste is defined in the Basel
Convention as “wastes that belong to any
category contained in Annex I, unless they
do not possess any of the characteristics
contained in Annex III. 314 Coker naphtha should
be categorized as hazardous waste under
the Basel Convention, firstly because it is a
waste material described in Annex I, which
includes waste oils/water, hydrocarbons/
water mixtures, emulsions, and wastes that
have organic solvents as constituents, 315 and
secondly because coker naphtha clearly
possesses Annex III hazardous characteristics:
it is explosive; a flammable liquid; poisonous;
and dangerous if it is inhaled or ingested or
penetrates the skin. 316
Amnesty International, the Basel Action
Network (an organization that works on toxic
trade issues and the Basel regime) and
Greenpeace believe that there is a strong
case for considering that the coker naphtha
itself is a hazardous waste and should
have been subject to the Basel regime in
this case. Between January 2006 and May
2007, Trafigura transferred approximately
15 shipments of coker naphtha to onshore
facilities in several countries (United Arab
Emirates, Tunisia and Norway) and two ships
(Probo Koala and Probo Emu), for the purpose
of desulpherizing it by the process of caustic
washing (described above). In the United Arab
Emirates, Tunisia and Norway the caustic
washing took place in a facility on land. The
caustic washing on board the Probo Koala
took place in international waters within the
Mediterranean Sea and in the territories of
Malta, Spain and the UK (Gibraltar). 317 Norway,
Spain, the UK, Tunisia, Malta and the United
Arab Emirates – all countries within whose
jurisdiction caustic washing operations took
place – are parties to the Basel Convention.
The categorization of coker naphtha as a
Basel hazardous waste raises questions as to
whether:
» the six shipments from the US to Norway,
» the several shipments to United Arab
Emirates and Tunisia,
» the prior transfer of the coker naphtha
between Mexico and the US, and
» between the US and the ships Probo Koala
and Probo Emu (under Basel and/or OECD
agreements, shipments of hazardous
waste must indicate a destination)
were subject to the legal requirements of
transboundary movement under the Basel
Convention.
Under the Basel Convention, any
transboundary movement between Parties
must be notified and consented to prior
to shipment under the obligations laid out
in Article 6 of the Convention. Also, any
transboundary movement between the
territories or jurisdictions of a Party to the
Convention (such as Mexico, Norway, Tunisia,
Malta, United Arab Emirates, Spain, the UK)
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Chapter 6