Washington, DC August 4, 1997 (GP) -- The continuing shipments of lead acid batteries from the U.S. for recycling in Brazil is illegal and threatening the health and environment of the surrounding community, according to a new report issued by Greenpeace in Brazil today.

Greenpeace investigations revealed that imports of scrap lead acid batteries (LAB) into Brazil are continuing in violation of Brazilian and international law. Grupo Moura, one of the country's largest manufacturers of car batteries, is the principal importer of LAB into Brazil despite a national import ban since 1994. According to data from the Brazilian foreign trade secretary (SECEX) from January to June of 1997, 5,000 tons of lead scrap batteries were imported to Brazil from the U.S. Grupo Moura is responsible for all these imports, with a total value of US$764,267. These imports were registered under the Brazilian tariff code 85.48.10.10 -- lead scrap and residues of batteries. An official footnote to this code states "importation prohibited (resolution CONAMA 23/96)." Yet this footnote was ignored. In October 1996, Greenpeace had already denounced Moura's illegal imports of over 66 tons of used LAB from the U.S. The scandal prompted the environmental authorities to reformulate the Brazilian national waste import ban and pass resolution CONAMA 23/96.

According to U.S. Department of Commerce data, between January and April of 1997, the U.S. exported scrap batteries worth of US$842,000 to Brazil. Shipping manifests from the U.S. Port of Miami showed 108 containers (2,800 tons) labeled as "batteries wet filled with acid UN 2794" were shipped to the port of Suape/Recife in Pernambuco, Brazil in the first five months of 1997. The exporter was International Trade Partners of Medley, Florida.

"The import/export data simply proves that neither the U.S. nor the Brazilian government are really committed to ban hazardous waste trade. These batteries should not be arriving at Moura's backyard," said Marcelo Furtado, from Greenpeace International. "If Brazil and the U.S. care about protecting public health and environment, this trade should stop immediately," added Furtado.

In 1994 the member states of the Basel Convention on the Transboundary Movement of Hazardous Wastes decided by consensus to prohibit immediately all exports of hazardous wastes destined for final disposal and for recycling by 1998 for wastes coming from the wealthy countries of the Organization for Economic Cooperation and Development (OECD) to countries not belonging to this organization. This decision was adopted in response to developing countries opposition to the perverse tendency of the industrialized countries to use poorer countries as a dumping ground for toxic wastes. The Basel Ban was incorporated in the text of the Convention in the form of an amendment during the Third Conference in Geneva in 1995.

Under U.S. regulations, used LAB are not considered hazardous waste unless they are crushed; however the Basel Convention clearly defines this type of waste as hazardous. The U.S. is the only OECD country that has failed to become a party to the Basel Convention. Therefore, as a non-party, the U.S. cannot trade wastes with Basel members without a bilateral agreement. The U.S. and Brazil currently do not have such agreement.

Greenpeace analysis of soil, water and sediment samples from Grupo Moura's lead recycling facilities in the state of Pernambuco indicated dangerous lead contamination caused by the company's dirty operations. Lead levels in soil and sediment were generally above 20,000 mg/kg. The U.S. Environmental Protection Agency (EPA) recommends permanent removal of soils which contain lead at levels greater than 5,000 mg/kg. Lead is one of the most pervasive and toxic of all environmental contaminants, and is particularly dangerous to children. Acute or chronic exposure can cause brain damage and metabolic disorders.

"Moura's plant would never be allowed to operate in the U.S. but is good enough to recycle U.S. batteries in Brazil and poison workers and the surrounding environment," said Marijane Lisboa from Greenpeace Brazil. "The U.S. should deal with their own waste crisis and Brazil should immediately shut down any facility not in compliance with our environmental legislation," added Mrs. Lisboa.

Notes to the editor

1. The report: "Lead Astray Again: The Ongoing Illegal Trade of U.S. Scrap Lead Acid Batteries to Brazil" is available to the press upon request.

2. International Trade Partners from Medley, Florida, is registered as a five employee operation in the business of selling scrap metal and batteries. Further research onto this small trading company indicated most of their activities were restricted to battery exports to Brazil. International Trade Partners -- 9140 NW South River Dr., Miami FL 33166-2108. Phone 305/883-4953. President: Milton Klein. Registered for Batteries-Storage-Retail (553116) and Scrap Metals & Iron (509313). Their shipments were all done on the SeaLand vessels "Sea Wolf" or "Sea Fox".

3. Brazil is not a lead producing country. Therefore, the country relies on the importation of lead as well as the recycling of lead scrap locally available. According to the non-ferrous metal industry, the manufacturing of lead acid batteries is responsible for 70% of the lead consumption in the country. There are no selective collection programs in place to ensure that used batteries locally available are not mixed with municipal solid waste or disposed in landfills or incinerators.

4. In July 1997, Grupo Moura signed a partnership with GNB Batteries Technology Inc. in the U.S. to form a new company -- Moura Baterias Industriais -- targeting the batteries market for communication and computer systems in Brazil, Argentina, Paraguay, Uruguay and others. GNB Batteries Technology Inc. and Moura are partners in business as well as in a poor historical environmental record. GNB has a number of citations from federal regulators during the past decade including for the release of lead oxide and sulfuric acid being pumped out of the plant into the environment. SOURCE: Data on federal violations from all court cases filed by the Department of Justice on behalf of EPA in civil court. Includes EPA Administrative Actions, the CERCLA list of potential and actual sites that might have to be cleaned up under Superfund and records from ERNS (Emergency Response Notification System) of phone calls reporting toxic releases and spills to the National Response Center.

5. In March 1994, U.S. Environmental Protection Agency Administrator Carol Browner announced the Administration's intention to ratify the Basel Convention. In her delivery speech at the Washington General Assembly of the Global Legislators for a balanced Environment (GLOBE) Mrs. Browner said: "The most immediate impact will be to stop the export of about 5,500 tons of spent lead acid batteries and lead waste from batteries. We believe the U.S. must set an example for the world by taking responsibility for our own waste. We have more than enough capacity here. There is no good reason for sending our waste overseas." Later she added, "The current policy can put people in other countries at risk of dangerous exposures to dangerous toxic materials. That has to stop."

6. CONAMA -- Brazilian National Commission for the Environment -- is the official legal body that legislates on environmental issues.

7. Brazilian Embassy, Washington DC -- 202/238-2700

8. U.S. State Department -- Office of Environmental Policy, Washington DC -- 202/647-9798

9. All U.S. export data provided by International Trade Information Service (ITIS), a project of the Tides Center. ITIS is a non-government research organization specializing in trade issues. Contact ITIS at itis@igc.org or call 202/234-2847.