Last updated: (February 2005)
Introduction
Special waste is regulated by the Special Waste Regulations 1996 in England, Wales and Scotland. Regulations covering special waste in Northern Ireland have recently been introduced. The regulations set out the requirements for the transfer and disposal of special waste. This Reference Note provides guidance on determining whether or not a material is special/hazardous waste.
This Reference Note is a summary only and is not intended to be a complete guide for the assessment of wastes under the Special Waste Regulations.
Information
Background
Special waste is a controlled waste which has one or more hazardous characteristics, or contains more than a threshold quantity of a hazardous material. The Special Waste Regulations 1996 implement the European Hazardous Waste Directive 91/689/EEC. The purpose of the regulations is to provide an effective system of control for wastes, which are dangerous and difficult to handle, to ensure they are soundly managed from their production to their final destination for disposal or recovery.
How do I determine whether my waste is special?
The Environment Agency has developed an assessment system for the classification of special waste using the principles described within the regulations. It presents the key elements in a useful and practical manner rather than following the formal method described in the regulations themselves. The assessment system is broken down into three stages described below:
- Questions which readily determine whether the substance is covered by the regulations
- A closer examination of the nature of the waste by reference to its hazardous properties
- A more advanced assessment system for waste not readily identified in the specified data sources.
Do I need to undertake expensive testing?
The classification system uses a ‘desktop’ approach which could eliminate the need to resort to chemical or other testing methods in the majority of cases.
Is the assessment procedure time consuming?
The procedure has been designed to minimise the time required by using readily available information.
What information do I require before I begin?
It is advisable that you have access to a copy of the following documents:
The Special Waste Regulations 1996.
1996 SI No. 972
ISBN 0-11-054565-6
The Special Waste (Amendment) Regulations 1996.
1996 SI No. 2019
ISBN 0-11-062894-2
Department of the Environment Circular 6/96 - The Special Waste Regulations 1996
ISBN 0-11-753292-4
Department of the Environment Circular 14/96 - The Special Waste (Amendment) Regulations 1996
ISBN 0-11-753328-9
All of the above documents may be obtained from The Stationery Office (Tel: 0870 600 5522).
Approved Supply List (5th Edition) - Information Approved for the Classification and Labelling of substances and Preparations Dangerous for Supply
ISBN 0-7176-1725-4
Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply (4th Edition)
ISBN 0-7176-1726-2
Copies of the last two publications can be obtained from: Health and Safety Executive (HSE) Books. Tel: 01787 881165.
General advice on common wastes
The Environment Agency has undertaken assessment on common wastes which are available in the form of Technical Assessment Sheets. For further information on these sheets or other aspects of the regulations, contact the enforcing authority (Environment Agency for England and Wales, Scottish Environment Protection Agency for Scotland and Environment and Heritage Service for Northern Ireland).
The Technical Assessment Sheets are also available on the Environment Agency’s fax-back information service (ECOfacts) on: 0881 882288.
Stage 1: is the waste controlled waste?
The regulations only apply to Controlled Wastes, which are defined as:
- household waste
- industrial waste
- commercial waste.
Radioactive waste, which is normally subject to other regulations, may be special waste if it satisfies the criteria in Regulation 3 of the Regulations.
Stage 2: does the waste contain a substance(s) listed on the approved supply list?
The Approved Supply List (ASL) provides a ‘risk phrase’ and classification for substances listed. This should be used to classify the hazard by looking up the substance in the alphabetic listing in ASL - Part I and then cross referencing this entry in Part V.
Column 2 of Part V of the ASL gives the classification as a risk phrase(s) for that substance. The risk phrase(s) can be linked to the hazardous properties in the regulations by reference to the Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply (AG).
Can a hazard(s) be identified from other data sources?
If no entry is found in the ASL, then further research is required using the other data sources. These other data sources may be used in conjunction with the AG to determine the hazardous property for the substance in the waste.
Does the waste possess any of the hazardous properties defined under H3A (first indent), or H4 to H8, by virtue of the presence of substances equal to or greater than the threshold?
Note: the ‘H’ codes referred to in this brief are listed in the document ‘Classification of Special Wastes, Special Waste Regulations 1996 Information Sheet 1’, free from the Environment Agency.
If the waste itself possesses a flash point less than 21?C, then it is a special waste by virtue of the hazardous property H3A (first indent).
If a substance(s) in the waste possesses any of the hazardous properties, H4 to H8, then their concentration in the waste should be compared with the threshold concentrations given in the regulations.
If the total concentration of the substance(s) in the waste with the same hazard or risk is equal to or greater than the threshold concentration, then the waste is classified as a special waste.
Even where a waste is classified as a special waste by one hazard, it may have other hazards which need to be determined so that any subsequent waste holder can manage the waste safely.
Is it listed on Schedule 2, Part I (the Hazardous Waste List)?
The list of wastes in Schedule 2, Part I, is known as the Hazardous Waste List (HWL). It was developed to accompany the EC Hazardous Waste Directive. It contains two, four and six digit entries. Only those listed wastes having a six-digit code number can be Special Waste. However, the scope of the six-digit entries is often determined by the chapter headings of the first two and four digits, and so the six-digit entries should be read in their context.
Similarly, the European Waste Catalogue (EWC) - from which the HWL is drawn - can sometimes help to establish whether a particular waste properly fits a description on the HWL or not.
If the waste is listed in Schedule 2, Part I, of the regulations, then the waste must be further assessed against the other hazardous properties (H1, H2, H3A (other indents), H3B, H9 to H14).
If the waste is not listed on the Hazardous Waste List then only the hazardous properties, H3A (first indent) and H4-H8, need to be considered as described above. If these hazardous properties are not present then the waste is not special.
Does the waste possess any of the other hazardous properties listed?
If the waste is listed on the Hazardous Waste List and possesses one of the hazardous properties, then it must be compared against the appropriate threshold concentration listed in the Interim Technical Guidance which forms part of the DoE Circular 6/96 amended.
These thresholds may need to be checked against the enforcing authority’s guidance which will be given in the form of Technical Assessments, Legal Interpretation Policies and the revision of Waste Management Paper No. 23.
Where the concentration of substance(s) in the waste is equal to or exceeds the threshold concentration, then the waste is classed as special waste.
If the substance is present below the threshold concentration, then the waste is not special.
Stage 3: is there any other reason why the waste may be special?
If hazardous properties cannot be identified from the ASL or other data sources but further evidence is required to assess whether or not the waste is Special, then the consignor should seek guidance from the enforcing authority. If however, the consignor feels certain beyond doubt that the waste is not special then he may choose to treat it as not being special waste.