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