Environment, Health and Safety Committee Note on: WSTE SSESSMENT Preamble This Note provides general guidance to people producing, handling and using chemicals and who need to understand how to deal safely with the wastes they generate. It should be read in conjunction with the Note on waste management which gives an overview of the principles of waste management and the legal requirements in this field. That Note also sets out the Waste Hierarchy whereby minimisation at source is encouraged and re-use, recovery, recycling and waste exchanges are promoted in preference to landfill. stated aim of the Government is to work towards a zero waste economy. However, until this aim is achieved, there will be a need to dispose of wastes safely, including by ultimately by landfilling. Introduction This Note touches on the importance of assessing the hazards posed by wastes in the context of waste management generally. However, it deals mainly with the stages after any re-use, recovery and recycling has taken place and the disposal of the residual waste is being considered. In particular, the Note deals with determining whether a waste should be classed as Hazardous waste (in Scotland the term Special waste is still used) as this is a key factor in its subsequent management and is likely to be a frequent and important consideration for those manufacturing, handling and using chemicals. The content of this Note is drawn largely from the Technical Guidance WM2 issued jointly by the Environment gency (E), the Northern Ireland Environment gency (NIE), Scottish Environment Protection gency (SEP) and the Welsh Environment and Heritage Service (WEHS). However, the guidance and underlying legislation in this field are currently in transition because of the need to implement EU Regulation (1272/ 2008/EC) on the classification, labelling and packaging of chemicals and mixtures. This Regulation is being implemented in stages between pril 2009 (CHIP4) and June 2015. This Note may require up-dating therefore when there are significant changes in the legislation or in official guidance. 1. ssessing Wastes The primary responsibility for the safe handling and disposal of wastes rests with the producer. The producer is legally required to assess the hazards posed by the wastes produced and this forms part of the duty of care requirements of legislation (see HMSO, Duty of Care Code of Practice). The Code of Practice provides a basis for the assessment. It identifies the need for a description of the waste that includes: the major components in the waste and any significant pollutants, the process that produced the waste and the results of any chemical or physical analysis that has been carried out. The information must be sufficient to prevent mismanagement or inappropriate treatment of the waste either by the producer or subsequent handlers, transporters, treaters or disposers of the waste. This Note was produced by a Working Party of the Environment, Health and Safety Committee [EHSC] of the Royal Society of Chemistry. The Society is a registered Charity. Its Royal Charter obliges it to serve the public interest by acting in an independent advisory capacity. In order to meet this obligation the members of the EHSC are drawn from a wide range of backgrounds and serve on the committee as individual experts and not as representatives of their employer. The EHSC welcomes comments on this Note. Please send them to the Committee Secretary: Environment, Health and Safety Committee Royal Society of Chemistry Burlington House Piccadilly London W1J 0B Tel: +44 (0) 207 440 3337 Fax: +44 (0) 207 437 8883 Email: ehsc@rsc.org EHSC Notes are also available on the Society s web site at www.rsc.org EHSC Notes are updated from time to time and details of the most up to date versions can be found on the Society s website www.rsc.org 20 March 2012 Prior to decisions on the final disposal of wastes there are particular requirements that must be assessed. There are 3 stages in this assessment and the duty of care
applies in all stages: 1. Should the waste be classed as Hazardous or Non-Hazardous? 2. Treatment, what treatment is appropriate? The three-point test is applied and Declaration of treatment must be prepared. 3. Waste characterisation for those wastes destined for landfill. Incineration of waste may be an alternative means of disposal for some wastes and is briefly dealt with in the EHSC Note on Waste Management. However, separate legislation and guidance (e.g. IPPC (Integrated Pollution Prevention and Control Directive)) are involved and the subject is too big to be covered in this Note. Further information and guidance on waste incineration are available from the Environment gency and the NetRegs website. Hazardous or Non-Hazardous Waste? The rules for assessing if a waste is hazardous or not, are set out in the Hazardous Waste Regulations 2005 (as amended in 2009) and in the list of Wastes Regulations 2005. The latter regulations implement the European Waste Catalogue (EWC). The EWC is updated at intervals and it is likely that a future update will include changes to the classification system (e.g. hazard statements) brought about by EU Regulation 1272/2008/EC (CLP Regs). However, at present R-phrases are still used. The EWC ascribes a six-digit code to each waste category. The first two digits identify the industrial sector and process from which the waste arises; the remaining 4-digits are sub-categories of that process. Detailed guidance on the assessment process is given in WM 2 and in a less detailed form in What is a Hazardous Waste (HWR01) available from the E web-site. What follows is a short account that draws on these sources. bsolute, Mirror and Non-hazardous Substances The EWC has three kinds of entry bsolute, Mirror and Non-hazardous. If the waste has an bsolute code, it is automatically classified as Hazardous Waste with that unique EWC code. If the waste is listed as Non-Hazardous (or Inert ), its classification is also pre-determined. If the waste has a Mirror code it could be classed as either hazardous or non-hazardous waste depending on whether or not dangerous substances are present at concentrations above threshold levels. There are three ways to find out if substances in a Mirror entry waste are dangerous: 1. Is the substance included in Table 3.2 of nnex VI of the EU Regulation 1272/2008/EC? The Table classifies many commonly used chemicals and this classification must be used for any listed substances contained in the waste. 2. By using data from reliable sources and the methodology set out in the pproved Classification and Labelling Guide to determine the appropriate classification. This is a complex process that is described in detail in Technical Guidance WM2. 3. By using information from sources such as Safety Data Sheets to determine whether substances in the waste are dangerous. In many cases there will be enough information available from the producer of the waste to know whether it contains a dangerous substance. If the waste contains dangerous substances above the threshold concentration then the waste is hazardous. The thresholds concentrations are set based on the R-phrase(s) from the classification of the substance. If it is not known what substances are present in the waste, testing may be required. ppropriate test methods are set out in the nnex to Council Regulation 440/2008 which set out the test methods used under the EU RECH Regulation (Regulation (EC) 1907/2006) 1. 1 Council Regulation (EC) No 440/2008 of 30th May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on Registration, Evaluation, uthorisation and Restriction of Chemicals
Mirror entry waste has a hazardous property therefore if: it contains dangerous substance(s) above the appropriate threshold and/or test results reveal a hazardous property. The list of hazardous properties can be found in ppendix 2 of this Note as well as a summary of the procedure for determining whether a Mirror entry waste is hazardous or non-hazardous (ppendix 1). Transfer of Wastes If a waste is Hazardous, then, if transferred, it must have an appropriate Hazardous Waste Consignment Note (HWCN) and the company premises (receiving and transferring) must be registered with the Environment gency (unless declared exempt: see below). Non-hazardous or Inert wastes that are being transferred are still covered by a Duty of Care, but ordinary Transfer Notes are used. ny hazardous properties (H1 to H15 in ppendix 2) must be declared on the HWCN documentation. 2. Waste Treatment ll wastes (hazardous and non-hazardous) must be treated before disposal. three point test is applied. Treatment must: by a physical, thermal, chemical or biological process (includes sorting or compacting); change the hazardous characteristics of the waste; reduce its volume or hazardous nature, facilitate handling or enhance recovery. Producers are required to sort, segregate, recycle, recover & re-use and, where possible, treat at source. producer can hold up to 23,000 litres of hazardous waste liquids in temporary storage and up to 80 cubic metres of hazardous waste in a secure container and up to 50 cubic metres in a secure place, in a 12-month period. If these conditions are likely to be exceeded, a licence is needed. However, wastes can be moved off-site for treatment by licensed waste contractors. Under Duty of Care requirements, producers should be aware of the contractor s waste handling & treatment capability. To confirm that their wastes have been treated, producers are required to complete a Treatment declaration stating the methods used. Landfill operators require this declaration before accepting the waste. 3. Disposal to Landfill Different classes of landfill sites are approved to receive different classes of waste: Hazardous Waste; Non Hazardous Waste; Inert wastes; Stable Non-reactive Hazardous Wastes (SNRHW). It is an offence to send wastes to the wrong type of landfill site. Certain wastes, including liquids, are prohibited from landfill. What constitutes a liquid waste is defined in the Landfill Regulations. There must be no mixing of liquid waste with solid wastes. In addition, wastes must not be explosive, oxidising, flammable, corrosive or infectious. sbestos and gypsum wastes are disposed of in special cells at landfill sites licensed to receive SNRHW. Specific assessment/testing for wastes to be landfilled: The Landfill Regulations require those presenting waste for landfilling to produce testing information covering its composition and leaching behaviour. The sampling and testing regimes are set out in the Landfill Regulations 2002 (as amended). Conclusion The proper assessment of a waste is necessary not only to comply with the law but also to ensure its safe handling and disposal. The RSC believes that an understanding of chemistry involved is an important factor in the management of many wastes and that chemists can play a major role in ensuring waste minimisation and the safe handling and disposal of wastes.
Further information DEFR provides information on waste legislation at www.defra.gov.uk E /SEP/Welsh Environment and Heritage Service Northern Ireland Environment gency: Hazardous Waste; Interpretation of the definition and classification of hazardous waste (WM2). E Guidance: What is a Hazardous Waste? (HWR01) E Guidance: Requirements for waste destined for disposal in landfill. EHSC Note on Waste Management 6 pril 2010 EHSC Notes on Waste Management in Chemical Laboratories 12 June 2005 Environmental Protection ct 1990 and Code of Practice on Duty of Care (1996). EU Regulation 1272/2008/EC: The Classification, Labelling and Packaging of Substances and Mixtures. Hazardous Waste Regulations 2005 (as amended 2009) HSE CHIP4 Regulations 2009 (as amended). Landfill Regulations 2002 (as amended). List of Wastes Regulations (2005). USEFUL CONTCTS Environment gency (E) is the enforcing authority for waste legislation in England and Wales and has an extensive catalogue of publications providing extensive technical guidance, advice and information on best practice. Many of the documents are free and can be downloaded from the website. www.environment-agency.gov.uk or enquiries@environment-agency.gov.uk NetRegs is a website run by the Environment gency to provide help to enable small firms to comply with environmental legislation. www.netregs.gov.uk Scottish Environment Protection gency (SEP) is the enforcing authority in Scotland. www.sepa.org.uknorthern Ireland Environment gency (NIE) is the enforcing authority in Northern Ireland. www.ni.environment.gov.uk or niea-waste@doeni.gov.uk - Envirowise is a free government-funded advice line providing confidential guidance to businesses on resource efficiency and waste minimisation. www.envirowise.gov.uk Business Link is a government supported web-site providing practical advice to business, including advice on compliance with waste legislation. www.businesslink.gov.uk Waste Watch is an environmental charity that provides guidance, training, and consultancy services for business on waste minimisation and recycling. www.wastewatch.org.uk Chartered Institution of Waste Management is a professional institution which provides training and technical guidance for employers and employees. www.ciwm.co.uk
ppendix 1 IS MY WSTE HZRDOUS OR NON HZRDOUS? Neither absolute How was the waste coded and classified in on the the EWC? list? bsolute entry N O N Mirror entry Do you know what substances are in the waste? H Z R D O No Does the waste possess any of the hazardous properties H1 to H15? Yes H Z R D O U S ppendix 2: Hazardous Properties H1 Explosive : substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene. H2 Oxidizing : substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances. H3 Highly flammable : Liquid substances and preparations having a flash point below 21 C (including extremely flammable liquids); or substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy; or solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or be consumed after removal of the source of ignition; or gaseous substances and preparations which are flammable in air at normal pressure; or substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities. H3B Flammable : liquid substances and preparations having a flash point equal to or greater than 21 C and less than or equal to 55 C. H4 Irritant : non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation. H5 Harmful : substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks. H6 Toxic : substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death. H7 Carcinogenic : substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence. H8 Corrosive : substances and preparations which may destroy living tissue on contact. H9 Infectious : substances and preparations containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10 Toxic for reproduction : substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence. H11 Mutagenic : substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence. H12 Waste which releases toxic or very toxic gases in contact with water, air or an acid. H13 Sensitizing : substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitization such that on further exposure to the substance or preparation, characteristic adverse effects are produced. [s far as testing methods are available]. H14 Ecotoxic : waste which presents or may present immediate or delayed risks for one or more sectors of the environment. H15 Waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics above. Note was prepared by a Working Party of the RSC Environment, Health and Safety Committee. The members of the Working Party were: Dr I Wrightson (Chairman), S J Cooper, Dr M Crookes, P Jackson, Dr N King, Dr P Lewis, J Larner, Dr D H Lohmann, Dr C Maxwell, D M Sanderson, Dr C Watts, and Dr S Lipworth (Secretary). This Note is also available on the RSC website: http://www.rsc.org