1. PRTR reporting and the process to report the
Trans-boundary Movement and Recycling of
Spent Lead-Acid Batteries in North America
(SLABs)
Marco A.
Heredia-Fragoso
Program Manager
Environmental Law
Commission for
Environmental Cooperation
30 October, 2012

2. Why SLABs?
 Public and community health issue
 Increased exports from US
 A NAFTA pollution haven?
 Trade-environment impact of NA industry
 Legacy contamination
 JPAC Advice 11-04

3. Public Concern

4. Process and Engagement
 Multi-stakeholder consultation
 Government: (ad-hoc ex-
officio): US
EPA, EC, Semarnat, Profepa
 Industry:
ABR, BCI, JCI, RSR, others
 NGOs: OK
International, Fronteras
Comunes, etc.
 10 smelter/recycling visits:
Mex, US, Can
 Ongoing public consultation
 Mexico forum October
 Report and recommendations -
November

5. Questions:
1. Driving forces for SLAB exports from the US to Mexico and
Canada?
2. To what extent are different (environmental) regulatory
requirements and compliance costs a factor?
3. Public health and environmental consequences of growth in
SLAB recycling in either Mexico or Canada?
4. Are the environmental controls on smelting/recycling
appropriate/adequate in Mexico, US and Canada?
5. How effective are the SLABs export/import controls?
6. What steps can be taken to improve the environmental
management of SLABs in Mexico, in the United States, and
Canada?

6. Initial findings:
1. Raw data shows show increased US SLAB exports to
Mexico
2. How SLABs are recycled is more critical than where
they may be sourced Regulatory
– Identification of secondary lead smelting facilities
– Coverage and compliance
– Public health issues
3. Opportunities to enhance Mexico's
Regulatory, Enforcement, and Reporting Regime

7. US Exports of SLABs
HT codes 540 and 580
500
Millions
450
400
350
300
Kg 250 Canada
200 Mexico
World
150
100
50
0
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Year

8. Information gathering:
The role of PRTR data
1. Lead is a common substance to PRTR programs: NPRI, TRI and RETC
2. Publicly available information included in PRTRs, and concentrated
in Tacking stock, is serving as a valuable benchmark of the
performance of North American secondary lead-smelting industry
3. This approach has allowed us to identify secondary lead-smelting
facilities, and to analyze their reported performance at a sub-
continental level
4. Analysis of PRTR data has been useful to pinpoint significant gaps
in the regulatory and compliance assurance regime, notably in
Mexico

9. Gaps – Inconsistent regulatory information
on secondary lead-smelting facilities
These are the results of the Secretariat’s request on SLS facilities:
1. To SEMARNAT-DGIRA: 25 companies (Environmental Impact and
Risks Assessment authorizations)
2. To SEMARNAT-DGGIMAR: 37 companies; 3 management plans
(recycling and management of hazardous wastes authorizations)
3. To SEMARNAT-DGGCARETC: 29 companies (air emissions
authorizations)

10. Gaps – Identification of secondary lead
Environmental Impact Assessment (MIA) authorized
smelting facilities in MX
16
Companies (number)
14
12
10
8
6
4
2
0
With EIA
With MIA Started before 1988 No MIA information
No EIA Information
(LGEEPA)

11. Location of facilities
MIA
Started before 88 (LGEEPA)
No MIA information

12. Number of secondary lead smelting facilities in
NA
The Secretariat has identified the following Secondary Lead Smelters:
1. Canada: 5
2. United States: 16
3. Mexico: 25
Of the 25 identified facilities in Mexico, data (for preliminary 2010
data, and before) was not publicly available for 12 facilities for lead-
emissions in September 2012.

13. Gaps in Mexico’s
Legal, Regulatory, Regime
– Disparity vis-a-vis prevailing US standards for lead at the environmental
(ambient-air, stack-emissions, specific sector emissions standards) and OHS
standards for medical removal
– Does not apply requirement for companies to report air emission data
consistently across the secondary lead smelting industry
– Recycling and smelting of lead are considered to be different operations with
different regulatory implications
– Unfinished framework of norms and standards necessary to fully uphold
existing environmental law:
• Unfinished regulations that would address outstanding hazardous waste
management issues in the industry
• standards for the construction, operation, closure of secondary lead
smelters
• remediation standard for sites contaminated with lead

14. Potential Areas of Recommendation
1. Raising the Bar
2. Filling the Gaps
– Regulatory
– Public Health
– Coverage and Compliance
3. Data Improvements
4. Encouraging Best Practices
5. Support Compliance

15. Three Countries. One Environment.
Commission for Environmental Cooperation