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