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