| The new definition of hazardous waste, | | | | contractors, are therefore already |
| agreed at EU level in 2000, was supposed | | | | having to consider whether or not to |
| to be applied from January 2002. It now | | | | identify their wastes as "hazardous" |
| looks unlikely to be fully transposed in | | | | using an asterisk. Inevitably, however, |
| the UK until 2004. | | | | given the parallel regime on "special" |
| The UK intends to repeal the existing | | | | wastes, there will be large volumes of |
| "special waste" regime, and replace it | | | | hazardous waste slipping through the |
| with a new hazardous waste system which | | | | net. |
| will better reflect EU requirements and | | | | The new definition of hazardous waste is |
| bring wider regulatory improvements. A | | | | expected to embrace three times more |
| consultation paper two years ago | | | | waste than is covered by the existing |
| explained that the new regulations will | | | | special waste regime, and will also |
| place the onus for compliance on waste | | | | treble the number of companies deemed to |
| producers rather than carriers. | | | | be hazardous waste producers. |
| In place of the existing requirement to | | | | Identifying hazardous waste: |
| notify the Environment Agency before | | | | The Agency's new technical guidance is |
| consigning special waste, the new regime | | | | based on a research project undertaken |
| will instead require producers of | | | | by Enviros and Land Quality Management. |
| hazardous waste to register with the | | | | It makes it clear that the new |
| Agency. They will also receive periodic | | | | definition of hazardous waste will |
| inspections. | | | | continue to exclude domestic waste, but |
| However, because of the log-jam of | | | | it remains uncertain precisely when |
| policy initiatives within the | | | | waste streams collected by a local |
| over-stretched Environment Department, | | | | authority - such as old televisions or |
| detailed proposals for the new regime | | | | engine oil - count as "domestic" waste. |
| have been repeatedly delayed. The latest | | | | Separate guidance is to be prepared on |
| word is that a consultation paper, with | | | | this matter. |
| draft regulations, will emerge in the | | | | "Absolute" and "mirror" entries: |
| autumn. Regulations are unlikely to be | | | | Many of the wastes on the EWC have |
| laid until 2004. Once they are in place, | | | | absolute entries, making it clear |
| there is likely to be a lead-in period | | | | whether or not they count as hazardous. |
| of a few months to give businesses time | | | | In these cases threshold calculations |
| to adapt. | | | | will not be required, the guidance says. |
| All in all, implementation is well over | | | | |
| two years behind schedule. But the delay | | | | In cases involving mirror EWC listings, |
| in complying with EU law is only the | | | | wastes should only be consigned as |
| start of the problem. | | | | hazardous where they possess one of 14 |
| Of greater significance to industry is | | | | hazardous properties - ranging from |
| the hiatus caused by the fact that the | | | | flammability to ecotoxicity - as set out |
| new hazardous waste definition is | | | | in EU legislation. Where the composition |
| already being applied in the regulation | | | | of the waste is known, producers can |
| of landfills and incinerators. This is | | | | avoid having to undertake such tests if |
| because the EU Directives on landfill | | | | they can show that the waste does not |
| and incineration, and their implementing | | | | contain dangerous substances. |
| regulations, refer directly to the EU | | | | The guidance points out that the |
| definition of hazardous waste. | | | | composition of the waste can often be |
| Under the landfill Directive, for | | | | identified from knowledge of the process |
| example, operators have already had to | | | | or activity that produced it or from a |
| declare whether they are running a site | | | | chemical/microbiological analysis of the |
| for "hazardous" or "non-hazardous" | | | | waste itself. Information on safety data |
| waste. It is already illegal, in | | | | sheets can also help. |
| principle, for a non-hazardous site to | | | | The guidance says that, where the holder |
| accept hazardous waste. | | | | cannot decide which substances might be |
| The EU definition also underpins the | | | | present, they should assume a worst case |
| framework for the ban on co-disposal, to | | | | scenario for each component and assess |
| be applied from July 2004. Hazardous and | | | | the waste accordingly. |
| non-hazardous wastes will have to be | | | | "In the majority of cases there should |
| consigned to appropriate treatment and | | | | be sufficient knowledge to assess a |
| disposal sites, and it will no longer be | | | | waste. However, where the composition of |
| permissible to mix them in the same | | | | the waste is not known the alternatives |
| landfill. | | | | include testing the whole waste for |
| Similarly, in the clinical waste field, | | | | hazardous properties or utilising the |
| hospitals have had a difficult time | | | | precautionary principle." |
| trying to work out which incineration | | | | Dangerous substances: |
| plants are suitable for particular waste | | | | Many of the mirror entries are based on |
| streams. | | | | whether or not the waste in question |
| The EU definition of hazardous waste is | | | | contains "dangerous substances". This is |
| set out in the new European Waste | | | | to be assessed using the EU Directive on |
| Catalogue, which was adopted in 2000 and | | | | dangerous substances, which has been |
| amended through Commission decisions in | | | | implemented in the UK through the CHIP3 |
| 2001. Helpfully, the Agency's new | | | | regulations. |
| technical guidance includes a | | | | Following the principles of CHIP3, the |
| consolidated version of the EWC, with | | | | new guidance sets out two methods for |
| guidance on how to use it. | | | | assessing whether a mirror entry waste |
| In the EWC, hazardous wastes are | | | | contains dangerous substances. The |
| identified using an asterisk against the | | | | preferred method is to use the hazard |
| six-figure code for the waste in | | | | classification given in the Approved |
| question. Some entries are "absolute", | | | | Supply List, which prescribes hazard |
| in that the waste in question is deemed | | | | information and classification for many |
| always to be hazardous. However, many | | | | common chemicals. |
| others consist of "mirror" entries, with | | | | Hazardous properties: |
| the wastes being hazardous only if the | | | | For a waste with a mirror entry to be |
| consignment contains dangerous | | | | hazardous it must display a hazardous |
| substances or possesses hazardous | | | | property. The new Agency guidance |
| properties. | | | | explains that this may be determined |
| For example, inorganic wastes containing | | | | either by calculation or by tests. |
| dangerous substances are classified as | | | | For many wastes, it says, the most |
| hazardous - with the EWC code 16 03 03* | | | | appropriate method is to identify the |
| - while other inorganic wastes have the | | | | hazardous constituents in the waste and |
| non-hazardous code 16 03 04. The EWC | | | | then use their concentrations to |
| itself offers little advice on how to | | | | identify whether they confer hazardous |
| determine which wastes fall into which | | | | properties on the waste. If a waste |
| category, but it does set out threshold | | | | contains dangerous substances at or |
| concentrations for some hazardous | | | | above the stated "threshold |
| properties. | | | | concentrations" for any of the hazardous |
| Under the "duty of care" regime, UK | | | | properties, it will be deemed hazardous. |
| industry is already having to apply the | | | | |
| new EWC codes when transferring wastes | | | | Testing may be appropriate in some |
| between sites. In England and Wales, the | | | | cases, such as identifying whether a |
| requirement was introduced by the | | | | waste is flammable. Sometimes, where the |
| landfill regulations in 2002. | | | | waste composition is complex, testing |
| Many waste producers, and their | | | | may be the only option. |