Hazardous Waste Management Programme. Towards a New Zealand Definition of Hazardous Waste. Technical working paper

Transcription

1 Hazardous Waste Management Programme Towards a New Zealand Definition of Hazardous Waste Prepared by Environment and Business Group Ltd for the Ministry for the Environment October 1999

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3 CONTENTS Prepared by Environment and Business Group Ltd Towards a New Zealand definition of hazardous waste Preamble Introduction Background Regulatory Framework Resource Management Act Hazardous Substances And New Organisms Act (HSNO) Land Transport Legislation Linkages Structure Of Report New Zealand Definition of Hazardous Waste Purpose and Key Principles Purpose Requirements Hazardous Waste Definition Key Principles Hazardous waste definition - Clarification of terms Hazardous waste definition - Overview of key elements Hazardous waste definition - Mechanisms Mixed and contaminated hazardous waste Verification and testing requirements Roles and responsibilities Hazardous Waste Classification Classification system Record keeping Draft New Zealand Definition of Hazardous Waste Purpose Terminology Waste Hazardous waste Hazardous characteristics thresholds New Zealand hazardous waste list Holder Hazardous waste treatment Hazardous waste disposal Hazardous waste designation Listing and de-listing hazardous waste Exempting a waste from the hazardous waste list Designating mixed and contaminated hazardous waste Verification and testing requirements Hazardous Waste Classification Purpose Classification Codes W-Code: Waste Code L-Code: New Zealand Hazardous Waste List H-Code: Hazardous Characteristics Thresholds ANZSIC-Code: Industry Classification Code D/R-Code: Management Code Classification mechanism Requirements for record keeping General Minimum threshold quantities Types of hazardous waste covered by record keeping requirements Where To From Here? Comments on the draft definition and classification system Pilot implementation programme i

4 Attachment A Reasons why materials become waste (W-Code) Attachment B New Zealand Hazardous Waste List (L-Code) Attachment C Australia and New Zealand Standard Industry Classification Code (ANZSIC-Code) Attachment D Management Code (D/R-Code) Attachment E Hazardous Characteristics Code (H-Code) Attachment F Details on Basel Convention Attachment G Background on the application of HSNO thresholds to a hazardous waste definition FIGURES Figure 1 New Zealand definition of hazardous waste technical and public consultation process... 5 Figure 2 Regulatory linkages for the development of a definition of hazardous waste... 7 Figure 3 Hazardous waste designation mechanism Figure 4 Hazardous waste listing mechanism Figure 5 Hazardous waste de-listing mechanism Figure 6 Assessment mechanism for mixed and contaminated waste Prepared by Environment and Business Group Ltd ii

5 PREAMBLE Towards a New Zealand definition of hazardous waste The Minister for the Environment (MfE) set up the Hazardous Waste Management Programme in Since then, the Ministry s hazardous waste team has worked steadily on developing a management framework for hazardous waste. In November 1998, the Ministry published a Discussion Paper on managing hazardous waste in New Zealand which addressed a series of options for defining, controlling and monitoring hazardous waste. Submissions on the Discussion Paper strongly favoured a nationally consistent definition of hazardous waste. In response, the Ministry set up a consultation process to support the development of a New Zealand hazardous waste definition. This work runs in conjunction with other projects looking at management related issues, including hazardous waste acceptance criteria for landfills and requirements for record keeping and monitoring. To date, work on the New Zealand hazardous waste definition has comprised preparation of an Issues and Options Report and five technical workshops in Auckland, New Plymouth, Wellington and Christchurch. The focus of this work was on providing information, discussing issues and taking on board comments and suggestions. Feedback from the workshops strongly supported the concept and validity of a nationally consistent definition of hazardous waste. This report sets out a draft New Zealand Definition of Hazardous Waste for discussion. It integrates the findings from the Issues and Options Report, the five national workshops and a subsequent technical workshop, and forms the basis for more extensive public consultation and a pilot implementation of the draft definition in The report should be read in conjunction with the Issues and Options Report and a summary of comments from the five workshops. The assistance of Hamish Reid of the Institute of Environmental Science and Research (Kenepuru Science Centre) with the interpretation and application of HSNO thresholds, assessment of mixtures and testing requirements is acknowledged. Submissions on this document should be sent to: Hazardous Waste Project Team Ministry for the Environment PO Box WELLINGTON or fax (04) or hazwaste@mfe.govt.nz Closing date for submissions is 14 February Additional copies of the technical paper can be downloaded from the Ministry s web page or ordered from the Ministry s publications section. Prepared by Environment and Business Group Ltd 3

6 1. INTRODUCTION 1.1 Background The Ministry for the Environment (MfE) published a Discussion Paper on managing hazardous waste in New Zealand in 1998, including options for defining, controlling and monitoring hazardous waste 1. The MfE Discussion Paper presented five options for a New Zealand definition of hazardous waste. Public submissions on the Discussion Paper broadly supported MfE s proposals and stressed the need for a definition of hazardous waste to underpin a national management framework for hazardous waste. MfE subsequently embarked on a consultation process leading towards the development of a New Zealand definition of hazardous waste. This process is based on both technical and public consultation, as shown in Figure 1. As part of the consultation process, MfE commissioned a report to review relevant technical issues associated with definitions of hazardous waste, to provide an overview of overseas practices and to outline options for a New Zealand definition of hazardous waste 2. This report formed the basis for a series of five workshops that were held between 7 16 June 1999 in Auckland, New Plymouth, Wellington and Christchurch. A wide range of stakeholders were represented in the workshops, ranging from hazardous waste generators to the waste management industry, local, regional and central government, health providers, tangata whenua, tertiary institutions and various NGO groups. Feedback from the workshop is presented in a separate report 3. Overall, workshop participants strongly supported the concept and validity of a nationally consistent definition of hazardous waste. This report sets out a draft New Zealand definition of hazardous waste, as outlined in the fourth box in Figure 1. It is based both on the findings of the issues and options report, and the feedback from the five public workshops and a subsequent technical workshop. It forms the basis for further discussion with relevant stakeholders and a pilot implementation of the draft hazardous waste definition in It is recommended that this report is read in conjunction with the three documents listed above, as they provide important background information and an audit trail of how major conclusions and decisions were arrived at. (Copies of these reports can be downloaded from the Ministry s web page or ordered from the Ministry s publications section) 1.2 Regulatory framework There are three Acts of Parliament that must be taken into account in developing a definition of hazardous waste. These include the Resource Management Act 1991 (RMA), the Hazardous Substances and New Organisms Act 1996 and national land transport legislation. The Local Government Act 1974 also broadly relates to waste and hazardous waste, but more within the context of functions and responsibilities of territorial agencies and regional councils with respect to managing, rather than defining hazardous waste. 1 Ministry for the Environment, 1998: Managing hazardous wastes: a discussion paper. 2 Environment and Business Group Ltd, 1999: Towards a New Zealand definition of hazardous waste issues and options. Prepared for the Ministry for the Environment, Wellington. 3 Environment and Business Group Ltd, 1999: Summary of comments from five workshops on the development of a New Zealand definition of hazardous waste. Prepared for the Ministry for the Environment, Wellington. Prepared by Environment and Business Group Ltd 4

7 T E C H N I C A L C O N S U L T A T I O N Issues and Options report - Review of overseas approaches - Identification of issues and options - Review of report by selected peer reviewers - Workshop with technical specialists in the field - Discussion of issues and options - Identification of preferred option(s) - Preparation of draft definition of hazardous waste - Workshop with technical specialists in the field - Release draft definition for public review at New Zealand Waste Management Institute Conference in November Invite public submissions P U B L I C C O N S U L T A T I O N Test/implement draft definition with selected local government agencies and industries Review comments/submissions Prepare final document Figure 1 New Zealand definition of hazardous waste technical and public consultation process Prepared by Environment and Business Group Ltd 5

8 1.2.1 Resource Management Act 1991 The Resource Management Act 1991 (RMA) prescribes the functions of territorial authorities and regional councils in terms of managing the risks of hazardous substances (including hazardous waste). Regional councils are vested with controlling the discharge of contaminants to the environment, while territorial authorities (TAs) have primary responsibility for land use related matters. Under the RMA: hazardous substance includes, but is not limited to, any substances defined in section 2 of the Hazardous Substances and New Organisms Act a contaminant includes any substance (including gases, liquids, solids and microorganisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, or similar, or other substances, energy or heat: a) when discharged to water, changes or is likely to change the physical, chemical or biological condition of the water, or b) when discharged onto land or into air, changes or is likely to change the physical, chemical or biological condition of the land or air onto or into which it is discharged. The RMA also requires consideration of any effects caused by hazardous substances and/or contaminants on mauri (the life force or the very essence of the well-being of all living things) Hazardous Substances and New Organisms Act (HSNO) The main focus of the Hazardous Substances and New Organisms Act (HSNO) is on controlling the import and manufacture of new organisms and hazardous substances not previously in New Zealand and on managing the life-cycle (i.e., packaging, storage, transport, use and disposal) of hazardous substances. The overall purpose of the Act is to protect the environment and health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. Under HSNO, hazardous substance (including waste hazardous substances) means any substance: (a) with one or more of the following properties (i) explosiveness (ii) flammability (iii) a capacity to oxidise (iv) toxicity (including chronic toxicity) (v) corrosiveness (vi) ecotoxicity with or without bioaccumulation (b) which on contact with air or water (other than air or water where the temperature or pressure has been artificially decreased) generates a substance with any one or more of the properties specified in paragraph (a) of this definition. Under HSNO, each of the above properties is defined by a hazardous characteristics threshold, that is, a minimum threshold below which a substance is not deemed to be hazardous 4. The HSNO performance standard framework constitutes a bottom line for any controls or regulations that are developed under other legislation including the RMA. However, HSNO s control framework does not address important aspects of hazardous waste management including requirements for recovery, reuse, recycling, treatment or disposal (other than for selected extremely hazardous substances). 4 Environmental Risk Management Authority, 1999: Interim guide to the specification for hazardous substance thresholds under the Hazardous Substances and New Organisms Act Wellington, New Zealand. Prepared by Environment and Business Group Ltd 6

9 The HSNO control framework also does not effectively address the fact that most hazardous wastes are complex mixtures or materials that are contaminated with more than one hazardous substance. The hazardous waste management framework to be implemented under the RMA aims to cover these aspects, while complying with the minimum performance controls set by HSNO Land transport legislation The movement of dangerous goods has been regulated both at a national and international level for a considerable length of time, based on the United Nations Recommendations for the Transport of Dangerous Goods (UNRTDG) 5. This system is based on a classification system for dangerous goods and focuses on managing the risks associated with the transport of dangerous goods, in particular, explosive, flammable and reactive substances. Being an international requirement, the United Nations recommendations have been translated into New Zealand domestic legislation, as specified under the Land Transport Act 1998 and the associated Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 Transport of Dangerous Goods on Land. HSNO s classification system for hazardouse substances is largely based on UNRTDG, but expands the system where UNRTDG is deficient, particularly with respect to materials that are too dangerous to transport, or materials with toxic ot ecotoxic properties Linkages Evaluation the regulatory framework indicates that there are some important linkages that need to be considered in developing a New Zealand definition of hazardous waste. Overall, the RMA provides the overriding framework. However, it needs to tie in with the provisions of HSNO and on a secondary basis, provisions of New Zealand land transport legislation. This overall concept is shown in Figure 2. RMA definition of hazardous wastes HSNO definition of hazardous substances Land Transport Act/ Dangerous Goods Rule for 'dangerous goods' Figure 2 Regulatory linkages for the development of a definition of hazardous waste 5 United Nations Recommendations for the Transport of Dangerous Goods (UNRTDG), th Edition, Geneva. Prepared by Environment and Business Group Ltd 7

10 1.3 Structure of report This report is structured as follows: Section 1: Provides a background to the hazardous waste definition project and the relevant regulatory framework. Section 2: Provides an overview of the purpose and scope of a New Zealand definition of hazardous waste. Section 3: Presents the proposed New Zealand definition of hazardous waste. Section 4: Presents a proposed system and mechanism for classifying waste for record keeping purposes. Prepared by Environment and Business Group Ltd 8

11 2. New Zealand definition of hazardous waste purpose and key principles 2.1 Purpose The purpose of a New Zealand definition of hazardous waste is: 1. To enable appropriate life-cycle management of hazardous waste, with focus on avoiding or minimising any adverse effects on human health and safety, ecosystems, property and other human values. 2. To help industry, regulators and the public establish clearly if a waste is hazardous. 3. To establish a clear reference point for hazardous waste within the context of relevant environmental law, resource consents and the Environment Court. 4. To assist the New Zealand Government with meeting national and international requirements and expectations related to the environmentally sound management of hazardous waste. 2.2 Requirements In order to meet the above objectives, the following requirements have been identified: 1. The hazardous waste definition must be New Zealand-specific and cover all hazardous waste streams generated in New Zealand. 2. The definition must be compatible with relevant controls for hazardous substances under the Hazardous Substances and New Organisms Act The definition should be workable and user-friendly. 4. The definition should be suitable to serve as the basis for monitoring hazardous waste. 5. The definition should be suitable to enable consistent record-keeping to: evaluate the quantity and quality of hazardous waste generated in New Zealand set hazardous waste management priorities identify the need for storage, treatment and disposal facilities enable monitoring at the regional, national and international level. 6. The development of a New Zealand hazardous waste definition should take into account established overseas practice. It should also consider international obligations or expectations such as reporting requirements under the Basel Convention and the OECD. 2.3 Hazardous waste definition key principles Hazardous waste definition clarification of term The primary purpose of a hazardous waste definition is to help users conclusively establish whether a waste is hazardous and therefore subject to the proposed management framework. There is sometimes confusion as to what the term hazardous waste definition means. In this context, it is important to clarify the two following terms: 1. Hazardous waste designation: a mechanism which clearly designates a waste as hazardous under the management framework so that appropriate controls can be applied. 2. Hazardous waste classification: a process by which hazardous wastes are classified based on a series of waste codes or categories for record keeping and monitoring purposes. Prepared by Environment and Business Group Ltd 9

12 For the purpose of the New Zealand definition of hazardous waste, the term definition is applied only to the designation mechanism described in Point 1 above. It is also proposed to introduce a classification system. However, this will function as an adjunct to the definition itself and form the basis for a consistent record keeping and monitoring system. This report specifically does not deal with any definitions, controls or standards that might relate to other aspects of the life-cycle management of hazardous waste (for example, treatment standards or landfill acceptance criteria). However, these aspects will be addressed further down the track as part of separate projects to be implemented under MfE s Hazardous Waste Programme Hazardous waste definition overview of key elements Hazardous waste definitions are commonly based on the following key elements: 1. An overriding definition of the term waste. 2. A series of hazardous characteristics and associated minimum thresholds above which wastes are designated as hazardous. 3. A generic hazardous waste list that comprises a wide range of common hazardous waste types that are known to exceed minimum hazardous characteristics thresholds. Generic hazardous waste lists sometimes also comprise specific priority contaminants. These components are further discussed below Clarification of the term hazardous waste History has shown that with increasing availability of technologies for recovery and recycling, hazardous wastes tend to become increasingly disguised as secondary raw materials or recyclables and so manage to circumvent requirements for managing hazardous waste. However, as long as these materials are hazardous in terms of applicable thresholds, they need to be managed appropriately. It is therefore necessary to have a mechanism in place to capture all materials that constitute hazardous waste, irrespective of their final destination. Two options have been proposed to deal with this issue: 1. To adopt an inclusionary definition that specifies why a material becomes a waste, based on the list of reasons outlined in Attachment A. 2. To adopt an exclusionary definition that includes all hazardous materials that are not covered by HSNO. It was decided that a definition of the term waste based on the inclusionary definitional approach would be more easy to implement, as the exclusionary approach requires knowledge of what is covered by HSNO which is not straight forward in itself Hazardous characteristics thresholds The BOTTOM LINE of any hazardous waste definition is whether a particular waste exceeds defined minimum hazardous characteristics thresholds. Hazardous characteristics cover properties such as flammability, corrosiveness, ecotoxicity, etc. The minimum threshold, that is, the minimum level below which a waste is no longer deemed to be hazardous, is a very important part of a hazardous waste definition. This has been demonstrated by overseas experience, where the use of hazardous characteristics without minimum thresholds has been shown to open the door to misinterpretation and abuse 2. In New Zealand, HSNO provides a clear regulatory specification for hazardous characteristics thresholds (refer section 1.2.2). Being new legislation, the approach adopted by HSNO is very advanced in comparison to most international practices, particularly with respect to toxic and ecotoxic properties. HSNO specifically excludes radioactive materials as these (including radioactive waste) are covered under separate legislation and regulations (the Radiation Protection Act 1965 and associated regulations). HSNO also does not deal with infectious characteristics, but does not provide a specific exclusion. Currently, the only piece of legislation that specifies Prepared by Environment and Business Group Ltd 10

13 infectious characteristics is the Land Transport Act 1998 and associated Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 Transport of Dangerous Goods on Land. It is proposed that this be used for the definition of infectious materials Hazardous waste lists One of the main problems with designating a waste as hazardous or not is that many hazardous wastes are mixed or contaminated and therefore difficult to assess. The intention of any hazardous waste definition is to enable a rapid identification of hazardous wastes, without any initial testing required to be carried out. A hazardous waste list is a TOOL that is used to quickly identify wastes that are commonly known to be hazardous, based on existing knowledge of the raw materials, processes or technologies involved, or existing testing data. Hazardous waste lists serve to flag a particular waste as hazardous, so that appropriate life-cycle management measures can be applied as a precautionary measure. Hazardous waste lists normally describe a range of generic hazardous waste types based on typical processes and/or industries. Examples include waste cleaning solvents or sludge from the bottom of oil storage tanks. Hazardous waste lists usually contain codes that serve as unique identifiers. Hazardous waste lists sometimes include specific contaminants to help designate a waste as hazardous, for example arsenic, cadmium or chlorinated solvents. However, this can cause problems unless thresholds are provided to determine whether the concentration of a particular contaminant is deemed to be hazardous. Overall, HSNO provides comprehensive hazardous characteristics descriptions and thresholds across a wide range of hazard types. Therefore, it is not necessary to include contaminants into a New Zealand hazardous waste list. A preliminary evaluation of overseas hazardous waste lists included the Basel Convention list, the ANZECC (Australian and New Zealand Environment and Conservation Council) list and the European Waste Catalogue 2,3. This evaluation indicated that both the Basel Convention and the ANZECC lists have significant shortcomings for a number of reasons 3. Consultation carried out in recent workshops indicates that the European Waste Catalogue was found to be set out in the most user friendly format and easily converted for New Zealand use 3. A preliminary New Zealand hazardous waste list is presented in Attachment B. It is noted that this is a first cut, and further discussion and consultation will be required before this list will be finalised. One of the few disadvantages of the European Waste Catalogue is that it is not directly compatible with the Basel Convention. However, recent work carried out under the umbrella of the Convention has confirmed the shortcomings of the Basel Convention list (the Y-List ), and additional lists (the A and B Lists ) have had to be developed to provide further clarification. Being a signatory to the Basel Convention does not require use of the Basel Convention list at the national level in fact only few countries do that. Generally, there is recognition that the list is too inadequate to serve as a tool for national hazardous waste management purposes. However, it may be useful to provide information on the requirements of the Basel Convention into the documentation containing the final New Zealand definition of hazardous waste. This can serve as a means to raise awareness of New Zealand s international obligations in terms of the export and import of hazardous waste under the Basel Convention (Attachment F) Hazardous waste definition - mechanisms In order to ensure appropriate use of the New Zealand definition of hazardous waste, the following mechanisms are required: 1. Hazardous waste listing and de-listing mechanisms: mechanisms to assign wastes to the hazardous waste list and to remove them from the list. It is important that this is a Prepared by Environment and Business Group Ltd 11

14 process which is publicly transparent so that all the wastes that are listed are widely acknowledged to be hazardous. In terms of compiling the initial list for the New Zealand hazardous waste definition, explanatory documentation will need to be prepared to justify the addition of every waste to the list. 2. Hazardous waste designation mechanism: a mechanism to determine whether a waste is hazardous or not. This is effectively the mechanism that applies the hazardous waste definition to a particular waste in question. 3. Hazardous waste exemption mechanism: a mechanism to demonstrate that a listed waste is not hazardous. As the presumption is that all listed wastes are hazardous, specific proof must be provided to demonstrate that this is not so. Proof will need to be provided against standard verification and testing requirements (see section below). 4. Mixed/contaminated waste assessment mechanism: a mechanism to assess mixed and contaminated hazardous waste Mixed and contaminated hazardous waste A large proportion of hazardous waste generated in New Zealand is mixed or contaminated waste (for example, contaminated soils, sediment or equipment). This creates obvious problems to determine whether these wastes are hazardous or not. A hazardous waste definition can deal with mixed and contaminated hazardous wastes in several ways: 1) By listing the waste as a separate item on the hazardous waste list if the waste is well established as being hazardous (for example, contaminated equipment or absorbent material, contaminated soils and sediments, car shredder flock, cesspit waste, etc.) 2) By applying mixture rules based on the fractional proportions of different hazardous wastes in a mixed waste 3) Through comprehensive biological or physico-chemical testing of the whole mixed/contaminated waste Verification and testing requirements Background There are generally two scenarios where quantitative verification/testing of a particular waste will be necessary for identification purposes. Primarily, these fit in with the mechanisms listed in above: 1. To demonstrate that a waste is hazardous this applies mainly is situations where a waste is not listed, but is suspected or known to be hazardous. 2. To demonstrate that a waste is not hazardous this applies mainly in situations where a waste is listed, but is suspected or known not to be so. (It is noted that testing is required for most hazardous wastes sometime during their life-cycle. However, these testing requirements will be specific to the stage of the lifecycle, for example for treatment or disposal purposes. This type of testing is not addressed in this report). Testing requirements against applicable hazardous characteristics thresholds will be mostly based on HSNO regulations and guidelines. To a significant degree, these are still under development and will be incorporated into the New Zealand hazardous waste definition as they become available. However, while HSNO regulations and guidelines can be translated into a hazardous waste definition, special guidelines need to be developed to enable testing of mixed/contaminated hazardous waste against applicable hazardous thresholds. Issues related to the application of HSNO hazardous characteristics thresholds to a hazardous waste definition have been evaluated on a preliminary basis by Hamish Reid of the Institute of Environmental Science and Research Ltd (ESR) (Attachment G) and are Prepared by Environment and Business Group Ltd 12

15 briefly summarised below. Over time, they will need further consideration that will lead to a standard testing requirements/process for hazardous waste Hazardous characteristics thresholds HSNO hazardous characteristics thresholds have recently been described on a preliminary basis by the Environmental Risk Management Authority (ERMA) 6. The thresholds defined under HSNO apply to six properties: explosiveness, flammability, capacity to oxidise, corrosiveness, toxicity and ecotoxicity. Attachment E provides a summary of hazardous substance characteristics for which thresholds have been established. While the application of HSNO thresholds to physical hazards is relatively straight forward, the thresholds for toxic and ecotoxic (that is, biological) properties are quite complex. It may be overly stringent to require hazardous wastes to be tested against all biological thresholds specified by HSNO. Guidance is currently being prepared by ERMA to determine when and which thresholds are appropriate. This guidance will need to be further considered in the development of the New Zealand hazardous waste definition when it becomes available Testing against biological thresholds An important consideration in assessing hazardous wastes against applicable biological thresholds is what process and testing regime to use. The ESR report listed in Attachment G provides an overview of possible options and approaches. a) Direct biological testing of the waste This involves submitting a whole waste to tests against specified biological endpoints to characterise both the toxicity or the ecotoxicity of the waste, using standardised testing methods (these still have to be determined). Major disadvantages of this approach are cost, time requirements and the potential complexity of tests, as well as ethical consideration due to the involvement of live species. An advantage is that test results can be compared directly against critical endpoints (biological thresholds). b) Analytical characterisation of constituents An easier way to assess hazardous wastes is through analytical testing of priority constituents. Critical questions to be answered here are: Which constituents need to be assessed? How can measured concentrations be evaluated against biological thresholds? It is likely that the testing regime applied to hazardous waste would be based on a tiered system. In such as system, a standard set of priority constituents is tested first, with additional tests for other contaminants applied only if there is sufficient indication based on the knowledge of the type of waste in questions, its origins and history, the types of raw materials and processes involved etc. Evaluating analytical data of individual chemicals against applicable thresholds is a crucial consideration. A prerequisite for this approach is the availability of toxicity/ecotoxicity data on the individual constituents which are analysed against respective endpoints. Another prerequisite is the availability of mixture rules which allow the assessment of hazardous wastes which contain more than one constituent Roles and responsibilities The development and implementation of a hazardous waste definition raises important questions on who will take on relevant responsibilities. Responsibilities will need to be defined particularly in the area of maintaining the hazardous waste list (that is adding or removing hazardous waste to or from the list) or managing/approving exemptions from the list. Further discussion will be required in this area. 6 ERMA, 1999: Interim guide to the specifications for hazardous thresholds under the HSNO Act. Wellington, New Zealand. Prepared by Environment and Business Group Ltd 13

16 While the role of regulatory agencies in the administration of the hazardous waste management framework has not been clarified yet, there are some responsibilities that apply for the generators or other legal holders of hazardous waste. Under the RMA, such responsibilities relate primarily to the application of appropriate management controls in line with the nature and hazards presented by a hazardous waste in order to avoid, remedy or mitigate any adverse environmental effects across its life-cycle. Further, HSNO and New Zealand land transport legislation set specific controls that relate to the life cycle management of hazardous substances, including hazardous waste. 2.4 Hazardous waste classification Classification system Hazardous waste classification systems form the basis for keeping records on, and monitoring hazardous waste. Hazardous waste classification systems are designed to provide: Industry specific information, allowing industry groups to collect and evaluate industryspecific hazardous waste data for: identifying hazardous waste management priorities identifying the need for waste management facilities developing industry codes of practice and/or standards. Company internal information, allowing the evaluation of hazardous waste data to enable implementation/monitoring of company hazardous waste management strategies, plans and budgets. Information on the generation, storage, treatment and disposal of hazardous waste in order to identify waste management priorities and the need for hazardous waste facilities, and to be able to meet requirements at the regional, national and international level. Even though not forming part of the hazardous waste definition as such, classification systems are normally based on the definition and therefore closely associated with it. Additional codes assist with collecting life-cycle related information on a hazardous waste, such as where a waste originates from and where it is destined for (for example, disposal, recycling or recovery) Record keeping MfE s plans in respect of keeping records on and monitoring hazardous waste under the proposed RMA management framework are still in development. In particular, this relates to the types and also minimum quantities of hazardous waste that record keeping requirements will apply to. Overall, a record keeping system needs to be designed in a manner that enables the collection and collation of data for the purposes outlined in section Any record keeping system has to be both functional and user friendly, and rationalise any bureaucracy and paper work to the maximum extent possible, and to minimise any duplication of efforts with related requirements under HSNO and New Zealand land transport legislation. It is desirable that in the long-term, electronic systems are made available to future users to enable a paper-free record keeping system. 3. DRAFT NEW ZEALAND DEFINITION OF HAZARDOUS WASTE 3.1 Purpose The purpose of the New Zealand definition of hazardous waste is to: Prepared by Environment and Business Group Ltd 14

17 1. Enable appropriate life-cycle management of hazardous waste, with focus on avoiding or minimising adverse effects on human health and safety, ecosystems, properties or other human values. 2. Help industry, regulators and the public establish clearly if a waste is hazardous under management framework for hazardous waste under the RMA. 3. Establish a clear legal reference point for hazardous waste within the context of relevant environmental law, resource consents and the Environment Court. 4. Assist the New Zealand Government with meeting national and international requirements and expectations related to the environmentally sound management of hazardous waste. 3.2 Terminology Waste The sections below provide an outline of the terms that form part of the New Zealand definition of hazardous waste. The term waste is defined as any substance, material or object in solid, liquid or gaseous form that are: Production and consumption residues not otherwise specified below Off-specification products Products whose date for appropriate use has expired Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc., contaminated as a result of the mishap Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.) Unusable parts (e.g. reject batteries, exhausted catalysts, etc.) Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts, etc.) Residues of industrial processes (e.g. slags, still bottoms, spent filters, etc.) Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.) Machining/finishing residues (e.g. lathe turnings, mill scales, etc.) Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.) Adulterated materials (e.g. oils contaminated with PCBs, etc.) Any materials, substances or products whose use has been banned by law Products for which the original holder has no further use (e.g. agricultural, household, office, commercial and shop discards) Contaminated materials, substances or products resulting from remedial action with respect to land Hazardous waste The term hazardous waste is defined as: Any waste that is listed in the New Zealand Hazardous Waste List in Attachment B and that exceeds specified hazardous characteristics thresholds or Prepared by Environment and Business Group Ltd 15

18 Any other waste that exceeds specified hazardous characteristics thresholds Hazardous characteristics thresholds The term hazardous characteristics threshold is defined by: HSNO regulations defining thresholds for the following hazardous characteristics: (i) explosiveness (ii) flammability (iii) a capacity to oxidise (iv) toxicity (including chronic toxicity) (v) corrosiveness (vi) ecotoxicity with or without bioaccumulation. Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 Transport of Dangerous Goods on Land for infectious materials, as follows: Infectious substances are those substances known or reasonably expected to contain pathogens. Pathogens are defined as microorganisms (including bacteria, viruses, ricksettia, parasites, fungi) or a recombinant micro-organism (hybrid or mutant that are known or are reasonably expected to cause infectious disease in humans or animals The Radiation Protection Act 1965 and Regulations 1982 for radioactive materials. Radioactive waste is any waste that is above the levels which are exempt under this legislation New Zealand hazardous waste list Holder The New Zealand hazardous waste list (Attachment B) incorporates narrative descriptions of hazardous wastes in New Zealand that are typically known to exceed specified hazardous characteristics thresholds. Any waste that is listed is deemed to be hazardous. The term holder refers to the legal owner of a hazardous waste at any stage during its lifecycle, including generators, transporters, and storage, treatment and disposal operators Hazardous waste treatment The term hazardous waste treatment is defined as 7 : Any sound and environmentally acceptable physical, chemical or biological process or change applied to a waste material prior to its ultimate disposal, in order to render the material non-hazardous or less hazardous and therefore minimise to an acceptable level any potential adverse effects on: The environment in general, including human health and safety, ecosystems, property and other human values The health and safety of the operators of subsequent processors of the waste, containers, as well as storage and conveying facilities The intended final disposal process such as a landfill, an incinerator or a waste water treatment plant Hazardous waste disposal The term hazardous waste disposal is defined as: 7 Modified from: Centre for Advanced Engineering, 1999: Managing hazardous waste in New Zealand. Draft Document. University of Canterbury, Christchurch, New Zealand. Prepared by Environment and Business Group Ltd 16

19 Any sound and environmentally acceptable physical, chemical or biological process or change applied to a waste material as part of its final discharge, storage or deposition in line with any requirements specified under the Resource Management Act 1991 and Hazardous Substances and New Organisms Act 1996 and in order to minimise to an acceptable level any potential adverse effects on: The environment in general, including human health and safety, ecosystems, property and other human values The health and safety of the operators of waste disposal facilities, containers, as well as storage and disposal facilities 3.3 Hazardous waste designation The mechanism to determine whether a waste is hazardous is shown in Figure 3 below. YES Is the material a waste? (Attachment A) YES Is the waste listed? (Attachment B) NO Does the waste exceed specified hazardous thresholds? YES WASTE IS HAZARDOUS NO WASTE IS NOT HAZARDOUS Figure 3 Hazardous waste designation mechanism Note: In designating a hazardous waste, the dilution and/or mixing of hazardous waste prior to treatment and/or disposal (as defined in sections and 3.2.7) is not acceptable. Prepared by Environment and Business Group Ltd 17

20 3.4 Listing and de-listing hazardous waste The listing of a waste in the New Zealand hazardous waste list (Attachment B) is based on a weighted evaluation of the following considerations: Existing knowledge of the hazardous characteristics of the waste, based on the raw materials, or the processes or technologies involved Overseas recognition of the waste as a hazardous waste (or not) Whether the waste is generated in New Zealand Whether the waste exceeds minimum hazardous characteristics thresholds). The initial compilation of the hazardous waste list is based on extensive technical and public consultation. Explanations as to why certain wastes are placed on the list at the outset will be provided in separate documentation (in preparation). The adopted mechanism to assign a waste to the hazardous waste list is shown in Figure 4. YES YES Are the raw materials and processes involved likely to render the waste in question hazardous? NO Is the waste listed in representative overseas lists and is the waste generated in New Zealand? NO Does the waste exceed relevant hazardous characteristics thresholds? NO WASTE IS NOT LISTED YES WASTE IS LISTED Figure 4 Hazardous waste listing mechanism The de-listing of a hazardous waste from the hazardous waste list, that is, the permanent removal of a waste from the list is expected to occur only on a rare basis. The decision of whether to de-list a waste is based on the weighted consideration of the following criteria: Whether the waste type has changed permanently in terms of the raw materials or processes/technologies employed Whether the waste has been removed also from representative overseas lists Whether the waste is still generated in New Zealand Whether the waste s characteristics are typically below relevant thresholds. The mechanism to de-list a hazardous waste is shown in Figure 5. Prepared by Environment and Business Group Ltd 18

21 Has the waste changed in terms of the raw materials, or the processes or technologies involved at the point of generation? YES Has the waste been removed from representative overseas lists? YES Is waste below relevant hazardous characteristics thresholds? NO WASTE REMAINS LISTED YES WASTE IS DE-LISTED Figure 5 Hazardous waste de-listing mechanism 3.5 Exempting a waste from the hazardous waste list A listed hazardous waste is exempt from the hazardous waste definition if it can be demonstrated on a case-by-case basis that the hazardous characteristics of the waste are below relevant thresholds. Proof of this must be furnished according to the verification and testing requirements outlined in Section 3.7. Note: The exemption of wastes from the hazardous waste list based on dilution and/or mixing prior treatment and/or disposal (as defined in sections and 3.2.7) is not acceptable. Prepared by Environment and Business Group Ltd 19

22 3.6 Designating mixed and contaminated hazardous waste Mixed or contaminated waste is designated as hazardous based on the mechanism shown in Figure 6. Is the mixed/contaminated waste listed as a single hazardous waste? NO Is the waste in question a mixture of two or more listed hazardous waste? NO Does testing indicate that the waste exceeds specified hazardous characteristics thresholds? YES YES YES Waste is designated as hazardous NO Waste is not designated as hazardous Figure 6 Assessment mechanism for mixed and contaminated waste 3.7 Verification and testing requirements Available information to support this part of the hazardous waste definition is still incomplete. However, provisions for verification and testing requirements will be inserted once they become available (refer section and Attachment G). Prepared by Environment and Business Group Ltd 20

23 4. HAZARDOUS WASTE CLASSIFICATION 4.1 Purpose The hazardous waste classification provides the basis for record keeping and monitoring, and enables the generation of: Industry specific information, allowing industry groups to collect and evaluate industryspecific hazardous waste data for: identifying hazardous waste management priorities identifying the need for waste management facilities developing industry codes of practice and/or standards. Company internal information, allowing the evaluation of hazardous waste data to enable implementation/monitoring of company hazardous waste management strategies, plans and budgets. Information on the generation, storage, treatment and disposal of hazardous waste in order to identify waste management priorities and the need for hazardous waste facilities, and to be able to meet requirements at the regional, national and international level. 4.2 Classification codes The New Zealand hazardous waste classification system is based on the hazardous waste definition, together with a series of codes to further characterise a waste in terms of its origin and its life-cycle. The classification system consists of a series of codes. These are further described below W-CODE: Waste code The term waste is defined as any substance, material or object in solid, liquid or gaseous form that meets the categories in Attachment A (W-Code) L-CODE: New Zealand hazardous waste list The New Zealand hazardous waste list (Attachment B) incorporates narrative descriptions of hazardous wastes generated in New Zealand that are typically known to exceed hazardous characteristics thresholds. Each listed hazardous waste is associated with a unique waste identification code that is used to code each waste (L-Code) H-CODE: Hazardous characteristics thresholds The term hazardous characteristics thresholds is defined by: Relevant HSNO regulations defining thresholds for the following hazardous characteristics: (i) explosiveness (ii) flammability (iii) a capacity to oxidise (iv) toxicity (including chronic toxicity) (v) corrosiveness (vi) ecotoxicity with or without bio-accumulation Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 Transport of Dangerous Goods on Land for infectious materials: Infectious substances are those substances known or reasonably expected to contain pathogens. Pathogens are defined as microorganisms (including bacteria, viruses, Prepared by Environment and Business Group Ltd 21

24 ricksettia, parasites, fungi) or a recombinant micro-organism (hybrid or mutant that are known or are reasonably expected to cause infectious disease in humans or animals The Radiation Protection Act 1965 and Regulations 1982 for radioactive materials. Radioactive waste is any waste that is above the levels which are exempt under this legislation. A proposed code to describe the hazardous characteristics of a waste (H-Code) is provided in Attachment E ANZSIC-CODE: Industry classification code The Australian and New Zealand Industry Classification is used as the basis for describing the source of a hazardous waste. This code will be used to the group title level, as shown in Attachment C (ANZSIC-Code) D/R-CODE: Management code Depending on the final destination of the hazardous waste, a management code is allocated. The term management in this context includes a range of activities, including reuse/recycling/recovery, storage, treatment and disposal options, as shown in Attachment D (D/R-Code). Note: the presence of a hazardous waste on a site for more than 10 working days (for example for storage, treatment or disposal) represents an on-site hazardous waste activity and needs to be recorded as such. 4.4 Classification mechanism For classification purposes, hazardous wastes are coded in sequence from Code 1 through to Code 6. The number in brackets behind each code indicates how many different numbers may be allocated per code on a waste-by-waste basis. W (1) L (1) H (6?) ANZSIC (1) D/R (1) Note: Any hazardous waste for which more than one number may be assigned for the L-, ANZSIC, or D/R Codes will need to split in terms of quantities and recorded separately in terms of the respective quantities. EXAMPLE : Interceptor sludge destined for waste treatment W-CODE L-CODE H-CODE ANZSIC- CODE W9 L H (6.1, 9.1) ANZSIC Q96 D9 D/R-CODE Prepared by Environment and Business Group Ltd 22