Technical Guidance WM2: Hazardous Waste: Interpretation of the definition and classification of hazardous waste is a guidance document developed and jointly published by the English Environment Agency, Natural Resources Wales, Scottish Environment Protection Agency and the Northern Ireland Environment Agency to provide guidance on the assessment and classification of hazardous waste based on the revised Waste Framework Directive definition of hazardous waste. Waste producers, consultants, contractors and waste management companies use the guidance to a) identify the correct waste code for their waste and b) determine whether the waste is hazardous or not based on its chemical composition.
Regulatory framework
The revised Waste Framework Directive (rWFD) is the primary legislative framework for the collection, transport, recovery and disposal of waste across Europe. It uses a waste hierarchy to define a priority order for waste prevention, legislation and policy. WM2 follows the European wide definition of hazardous waste defined by the rWFD as a waste which displays one or more of the fifteen hazard properties listed in Annex III of the rWFD. H1 Explosive H2 Oxidising H3 Flammable H4 Irritant H5 Harmful H6 Toxic H7 Carcinogenic H8 Corrosive H9 Infectious H10 Toxic for reproduction H11 Mutagenic H12 Waste which releases toxic or very toxic gases in contact with water, air or acid H13 Sensitizing H14 Ecotoxic H15 Waste capable by any means, after disposal, of yielding another substance, e..g. a leachate, which possesses any of the characteristics above.
Dangerous substances are substances that possess one or more of the 68 Risk Phrases described in the Dangerous Substances Directive (67/548/EEC). For example: R7 – may cause fire R23 – toxic by inhalation R38 – irritating to the skin R45 – may cause cancer R52 – harmful to aquatic organisms
The rWFD also refers to the list of wastes known as the European Waste Catalogue (EWC). The EWC contains 846, six digit waste codes arranged in 20 chapters, where each chapter is based on a generic industry or process that generated the waste or upon the type of waste. The EWC differentiates between hazardous and non-hazardous by identifying hazardous waste entries with an asterisk. Examples of a hazardous entry and its equivalent non-hazardous entry from "Chapter 17 Construction and Demolition Wastes (including excavated soil from contaminated sites)" are: 17 05 03* soil and stones containing dangerous substances 17 05 04 soil and stones other than those mentioned in 17 05 03 with the * indicating the hazardous entry.
Regulation (EC) No 1272/2008, the Classification, Labelling and Packaging of Substances Regulation (CLP Regulation) was published in December 2008. This directly acting regulation amends and repeals both the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (1999/45/EC) and amends part of the REACH regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation (EC) No 1907/2006). Depending on whether you are dealing with substances or mixtures (preparations), these changes take place between 2009 and 2015. [This also means that the CHIP 4 Regulation 2009 will need to be repealed in 2015 as it enacts the two European directives mentioned above.]
Of particular relevance to waste classification and WM2 is Table 3.2 of Annex VI of the CLP. This table is the primary data source for the risk phrases and other attributes for more than 4000 substances.
Note that since the CLP Regulation was first published, it has been amended by six Adaptations to Technical Progress (ATPs). These amendments have particular impact on the substance data managed by Table 3.2.
Hazardous waste assessment
WM2 is a detailed technical guide for the classification and assessment of wastes that may or may not be hazardous. It provides a step by step process to determine whether a waste is hazardous or not along with more detailed guidance when assessing the chemical analysis (composition) of the waste. The basic steps are:
Step 1: Is the waste "directive waste" or required to be assessed due to domestic legislative provision?
Step 2: How is the waste coded and classified in the LoW?
Step 3: Are the substances in the waste known or can they be determined?
Step 4: Are there dangerous substances in the waste?
Step 5: Does the waste possess any of the hazard properties H1 to H15?