the toxic truth - Greenpeace
the toxic truth - Greenpeace the toxic truth - Greenpeace
the toxic truth Corporate Culpability: the Case against trafigura Trafigura has repeatedly denied that the company is responsible for the crisis that unfolded in Abidjan in 2006. Although a Dutch court found the company guilty of illegally exporting waste from Europe, 323 there has, as yet, been no meaningful investigation into the conduct and responsibility of Trafigura in relation to the dumping in Abidjan. A review of the evidence demonstrates that Trafigura knew it had created waste that was potentially very harmful to the environment and human health. The company knew, or ought reasonably to have known, that transport of this waste from Europe to Africa was unlawful. They knew the waste required proper disposal but, despite this, and despite the fact that four European facilities they approached were unable to deal with the waste and a fifth clearly stated that the waste required quite specialized treatment, Trafigura contracted a small, newly licensed company in Abidjan to dispose of toxic waste in an open dumpsite in the middle of a poor residential area of the city. Trafigura Beheer B.V.’s post box in Amsterdam, the Netherlands. © Greenpeace/Marietta Harjono Not only did Trafigura fail to deal appropriately with waste it knew to be dangerous, at several points the company misled regulators and other companies about the nature of the waste, increasing the risk that it would not be dealt with properly. Attempts to gain clear information about the waste and the dumping, and to hold the company to account, have been repeatedly frustrated by Trafigura. They have exploited poverty and jurisdictional loopholes to evade justice and, in so doing, have deepened the suffering of the people of Abidjan. This chapter sets out the case against Trafigura. 79 Chapter 7
80 Amnesty internAtionAl And greenpeAce netherlAnds Chapter 7 Choosing to do caustic washing There were two process by which the coker naphtha could be refined: one was mercaptan oxidation (known as the “Merox process”), and another was caustic washing. As noted in Chapter 2, both processes involve mixing caustic soda with the coker naphtha to capture the mercaptans (which creates a waste by-product). The Merox process includes an important second step, whereby the waste is transformed into stable disulphides through oxidation. This additional step is normally undertaken in a specialized facility. Trafigura carried out caustic washing and not the Merox process. It made this decision despite knowing that: “ Caustic washes are banned by most countries due to the hazardous nature of the waste (mercaptans, phenols, smell) and suppliers of caustic are unwilling to dispose of the waste since there are not many facilities remaining in the market. ” 324 Although there are important differences between caustic washing and Merox, Trafigura has attempted to conflate the two processes. On its website, under the heading “Is the caustic washing/Merox process unusual?” it states: “No. It’s a well-known, legal and effective way of reducing impurities in gasoline blendstocks and has been used in the refining industry for 50 years. In 2006, there were 1,600 Merox units licensed for operation worldwide.” 325 Trafigura used none of these 1,600 units because the company did not carry out the – relatively – safer Merox process but decided to do caustic washing. Had Trafigura been carrying out the Merox process, it could indeed have used one of the 1,600 units it says exist worldwide. But, as described in Chapter 3, Trafigura had serious difficulties finding a location on land to do caustic washing, as is clear from an email sent by Trafigura’s London office on 28 December 2005: “ I have approached all our storage terminals with the possibility of caustic washing and only Vopak [at] Fujairah and Tankmed [at] La Skhirra 326 our [sic] willing to entertain the idea… ” The decision to carry out caustic washing at sea As noted above, Trafigura identified two facilities that could undertake caustic washes: one was in the United Arab Emirates (UAE), the other in Tunisia. Reports indicate that Trafigura undertook some caustic washing in UAE, but then moved to Tunisia. However, following an incident at the Tunisia site, the authorities there prohibited further caustic washing because there was not the capacity to deal adequately with the resulting waste. Trafigura then decided to undertake caustic washing on board a ship. There is no known record of such an operation ever being conducted on a ship before this. As a Dutch court later commented, what Trafigura decided to do: “essentially [boiled] down to the moving of an industrial process from land to sea.” 327 The matter of dealing with the waste that would be produced on board a ship – and the potential difficulties – was clearly on Trafigura’s radar. Obviously Trafigura was aware of the difficulties of safe management and disposal of the waste on land. In making the decision to carry out caustic washing on board a ship, senior company executives considered various options. An email dated 10 March 2006 noted: “ Does it make any sense to take on t/c [time charter] a vessel that is about to be scrapped … and park somewhere in WAF (West Africa) in order to carry out some of the caustic washings over there? I don’t know how we dispose of the slops and I don’t imply we would dump them, but for sure there must be some way to pay someone to take them. A ship that doesn’t care about it’s (sic) coatings and can re-circulate cargo and strip tanks would work very well. ” 328 (emphasis added)
- Page 29 and 30: 28 Amnesty internAtionAl And greenp
- Page 31 and 32: 30 Amnesty internAtionAl And greenp
- Page 33 and 34: 32 Amnesty internAtionAl And greenp
- Page 35 and 36: 34 Amnesty internAtionAl And greenp
- Page 37 and 38: 36 Amnesty internAtionAl And greenp
- Page 39 and 40: 38 Amnesty internAtionAl And greenp
- Page 41 and 42: 40 Amnesty internAtionAl And greenp
- Page 43 and 44: 42 Amnesty internAtionAl And greenp
- Page 45 and 46: 44 Amnesty internAtionAl And greenp
- Page 47 and 48: 46 Amnesty internAtionAl And greenp
- Page 49 and 50: 48 Amnesty internAtionAl And greenp
- Page 51 and 52: 50 Amnesty internAtionAl And greenp
- Page 53 and 54: 52 Amnesty internAtionAl And greenp
- Page 55 and 56: 54 Amnesty internAtionAl And greenp
- Page 57 and 58: 56 Amnesty internAtionAl And greenp
- Page 59 and 60: 58 Amnesty internAtionAl And greenp
- Page 61 and 62: 60 Amnesty internAtionAl And greenp
- Page 63 and 64: 62 Amnesty internAtionAl And greenp
- Page 65 and 66: 64 Amnesty internAtionAl And greenp
- Page 67 and 68: gon d 66 Amnesty internAtionAl And
- Page 69 and 70: 68 Amnesty internAtionAl And greenp
- Page 71 and 72: 70 Amnesty internAtionAl And greenp
- Page 73 and 74: 72 Amnesty internAtionAl And greenp
- Page 75 and 76: 74 Amnesty internAtionAl And greenp
- Page 77 and 78: 76 Amnesty internAtionAl And greenp
- Page 79: 78 Amnesty internAtionAl And greenp
- Page 83 and 84: 82 Amnesty internAtionAl And greenp
- Page 85 and 86: 84 Amnesty internAtionAl And greenp
- Page 87 and 88: 86 Amnesty internAtionAl And greenp
- Page 89 and 90: 88 Amnesty internAtionAl And greenp
- Page 91 and 92: 90 Amnesty internAtionAl And greenp
- Page 93 and 94: 92 Amnesty internAtionAl And greenp
- Page 95 and 96: 94 Amnesty internAtionAl And greenp
- Page 97 and 98: 96 Amnesty internAtionAl And greenp
- Page 99 and 100: 98 Amnesty internAtionAl And greenp
- Page 101 and 102: 100 Amnesty internAtionAl And green
- Page 103 and 104: 102 Amnesty internAtionAl And green
- Page 105 and 106: 104 Amnesty internAtionAl And green
- Page 107 and 108: 106 Amnesty internAtionAl And green
- Page 109 and 110: 108 Amnesty internAtionAl And green
- Page 111 and 112: 110 Amnesty internAtionAl And green
- Page 113 and 114: 112 Amnesty internAtionAl And green
- Page 115 and 116: 114 Amnesty internAtionAl And green
- Page 117 and 118: 116 Amnesty internAtionAl And green
- Page 119 and 120: 118 Amnesty internAtionAl And green
- Page 121 and 122: 120 Amnesty internAtionAl And green
- Page 123 and 124: 126 Amnesty internAtionAl And green
- Page 125 and 126: 128 Amnesty internAtionAl And green
- Page 127 and 128: 130 Amnesty internAtionAl And green
- Page 129 and 130: 132 Amnesty internAtionAl And green
80 Amnesty internAtionAl And greenpeAce ne<strong>the</strong>rlAnds<br />
Chapter 7<br />
Choosing to do<br />
caustic washing<br />
There were two process by which <strong>the</strong><br />
coker naphtha could be refined: one was<br />
mercaptan oxidation (known as <strong>the</strong> “Merox<br />
process”), and ano<strong>the</strong>r was caustic washing.<br />
As noted in Chapter 2, both processes<br />
involve mixing caustic soda with <strong>the</strong> coker<br />
naphtha to capture <strong>the</strong> mercaptans (which<br />
creates a waste by-product). The Merox<br />
process includes an important second step,<br />
whereby <strong>the</strong> waste is transformed into stable<br />
disulphides through oxidation. This additional<br />
step is normally undertaken in a specialized<br />
facility. Trafigura carried out caustic washing<br />
and not <strong>the</strong> Merox process. It made this<br />
decision despite knowing that:<br />
“ Caustic washes are banned by most<br />
countries due to <strong>the</strong> hazardous nature of<br />
<strong>the</strong> waste (mercaptans, phenols, smell) and<br />
suppliers of caustic are unwilling to dispose of<br />
<strong>the</strong> waste since <strong>the</strong>re are not many facilities<br />
remaining in <strong>the</strong> market. ” 324<br />
Although <strong>the</strong>re are important differences<br />
between caustic washing and Merox, Trafigura<br />
has attempted to conflate <strong>the</strong> two processes.<br />
On its website, under <strong>the</strong> heading “Is <strong>the</strong><br />
caustic washing/Merox process unusual?”<br />
it states: “No. It’s a well-known, legal and<br />
effective way of reducing impurities in gasoline<br />
blendstocks and has been used in <strong>the</strong> refining<br />
industry for 50 years. In 2006, <strong>the</strong>re were<br />
1,600 Merox units licensed for operation<br />
worldwide.” 325 Trafigura used none of <strong>the</strong>se<br />
1,600 units because <strong>the</strong> company did not carry<br />
out <strong>the</strong> – relatively – safer Merox process but<br />
decided to do caustic washing. Had Trafigura<br />
been carrying out <strong>the</strong> Merox process, it could<br />
indeed have used one of <strong>the</strong> 1,600 units it says<br />
exist worldwide. But, as described in Chapter<br />
3, Trafigura had serious difficulties finding a<br />
location on land to do caustic washing, as is<br />
clear from an email sent by Trafigura’s London<br />
office on 28 December 2005:<br />
“ I have approached all our storage terminals<br />
with <strong>the</strong> possibility of caustic washing and only<br />
Vopak [at] Fujairah and Tankmed [at] La Skhirra<br />
326<br />
our [sic] willing to entertain <strong>the</strong> idea… ”<br />
The decision to carry out<br />
caustic washing at sea<br />
As noted above, Trafigura identified two<br />
facilities that could undertake caustic washes:<br />
one was in <strong>the</strong> United Arab Emirates (UAE), <strong>the</strong><br />
o<strong>the</strong>r in Tunisia. Reports indicate that Trafigura<br />
undertook some caustic washing in UAE, but<br />
<strong>the</strong>n moved to Tunisia. However, following an<br />
incident at <strong>the</strong> Tunisia site, <strong>the</strong> authorities<br />
<strong>the</strong>re prohibited fur<strong>the</strong>r caustic washing<br />
because <strong>the</strong>re was not <strong>the</strong> capacity to deal<br />
adequately with <strong>the</strong> resulting waste.<br />
Trafigura <strong>the</strong>n decided to undertake caustic<br />
washing on board a ship. There is no known<br />
record of such an operation ever being<br />
conducted on a ship before this. As a Dutch<br />
court later commented, what Trafigura decided<br />
to do: “essentially [boiled] down to <strong>the</strong> moving<br />
of an industrial process from land to sea.” 327<br />
The matter of dealing with <strong>the</strong> waste that<br />
would be produced on board a ship – and <strong>the</strong><br />
potential difficulties – was clearly on Trafigura’s<br />
radar. Obviously Trafigura was aware of <strong>the</strong><br />
difficulties of safe management and disposal<br />
of <strong>the</strong> waste on land. In making <strong>the</strong> decision<br />
to carry out caustic washing on board a ship,<br />
senior company executives considered various<br />
options. An email dated 10 March 2006 noted:<br />
“ Does it make any sense to take on t/c [time<br />
charter] a vessel that is about to be scrapped<br />
… and park somewhere in WAF (West Africa) in<br />
order to carry out some of <strong>the</strong> caustic washings<br />
over <strong>the</strong>re? I don’t know how we dispose of <strong>the</strong><br />
slops and I don’t imply we would dump <strong>the</strong>m, but<br />
for sure <strong>the</strong>re must be some way to pay someone<br />
to take <strong>the</strong>m. A ship that doesn’t care about it’s<br />
(sic) coatings and can re-circulate cargo and strip<br />
tanks would work very well. ” 328 (emphasis added)