Waste Classification and related Problems

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1 Waste Classification and related Problems Dr. Joachim Wuttke Focal Point to the Basel Convention Section III 1.5 1

2 Outlook waste definition and hazardous waste definition waste non-waste waste classification 2

3 When are waste regulation applicable? waste product disposal recovery (Basel: disposal) Basel: A-list EU: amber list EU: not listed Basel: B-List EU: green list Basel/EU: notification procedure Basel: movement acc. to trade rules EU: information requirements (art. 18) consignment information - annex VII 3

4 Basics for waste definition criteria waste specific danger fly tipping illegal disposal characteristics and specification recognised specifications/standards environmental impact is the use of the material as environmentally sound as that of a primary product use and destination of the material is further processing required before the material can be directly used 4

5 Material flow and terms product waste non-waste product by-product recyclables re-use used goods residue secondary raw material 5

6 Basel Waste definition Basel Convention Article 2 - Definitions For the purposes of this Convention: 1. "Wastes" are substances or objects which are disposed of or are intended to be disposed of or are required to be disposed of by the provisions of national law; 6

7 Basel hazardous waste definition Basel Convention Article 1 - Scope of the Convention 1. The following wastes that are subject to transboundary movement shall be "hazardous wastes" for the purposes of this Convention: (a) Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and (b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit. 2. Wastes that belong to any category contained in Annex II that are subject to transboundary movement shall be "other wastes" for the purposes of this Convention. 7

8 EU waste definition Waste Framework Directive (2008/98/EC) Article 3 For the purposes of this Directive, the following definitions shall apply: 1. waste means any substance or object which the holder discards or intends or is required to discard; 2. hazardous waste means waste which display one ore more of the hazardous properties listed in Annex III; 8

9 When does a waste ceases to be a waste? a waste ceases to be a waste when it requires no further processing by a recovery operation, and the recovered material can and will be used in the same way as a material which has not been defined as waste, and the recovered material meets all relevant health and environmental requirements (OECD Document (ENV/EPOC/WMP(98)1/REV1)) EU: end of waste status article 6 of WFD EU: by-products article 5 of WFD 9

10 but. differences in waste definition and criteria exist from country to country intended destination of material status of processes that utilize certain materials on commercial specifications for materials.. no general flow chart / decision tree is possible no simple calculation based on criteria is possible case by case decision 10

11 Waste Classification 11

12 Development of Waste Legislation 1/3 national regulations (i.e. German Waste Disposal Act of 1972) waste definition framework for waste disposal OECD-Decision C(88)90 Final core list of waste (Y-List), disposal (D) and recovery (R) operations reasons why a material is controlled (Q-List) generic types of potential hazardous wastes (1994 harmonised with BC) hazardous characteristics (H-Criteria), constituents of potential hazardous wastes (C-List) 12

13 Development of Waste Legislation 2/3 EU Waste Framework Directive of 1975 (2006/21/EC) Q-List, R and D operations EU Hazardous Waste Directive of 1991 (91/689/EEC) generic types, C-List, slightly different H-criteria based on chemical legislation EU Waste Framework Directive of 2008 H-criteria based on chemical legislation; to be adapted to CLP (EU-GHS) 13

14 Basel Convention Focal Point to the Basel Convention, Germany Development of Waste Legislation 3/3 Y-List of C(88)90 as Annex I H-Criteria of C(88)90 as Annex III with reference to UN-RTDG R and D operations of C(88)90 as Annex IV Waste Lists of Annex VIII (List A) and Annex IX (List B) developed based on OECD Waste Lists of 1992 new OECD Waste Lists of OECD Decision C(2001)107 developed based on Annex VIII and Annex IX of BC and the former Green, Amber and Red Lists of C(92/39) 14

15 Basel Convention waste classification hazardous wastes Annex VIII, List A non-hazardous wastes Annex IX, List B "controlled" wastes Annex II Y46 Wastes collected from households Y47 Residues arising from the incineration of household wastes 15

16 Waste classification of EU WSR green and amber list based on Basel-Codes (A and B List) and OECD-Codes (green, amber, red) green list - WSR-Annex III Basel B List (Annex IX) with 13 additions and deviations, e.g. for electronic scrap (GC 010, GC 020) amber list - WSR-Annex IV Basel A List (Annex VIII) with 22 additions and deviations, incl. Annex II of BC (Y46 household waste, Y47 incineration residues from household waste) EU specialities (flexibility) WSR-Annex III A (mixed green waste) WSR-Annex III B (additional green waste) WSR-Annex IV A (additional amber waste) 16

17 Waste classification principles basics of waste classification Substance orientated Source orientated mixture of concepts approach of waste classification intrinsic hazard property or risk approach 17

18 Comparison of classification principles intrinsic hazard property Basel waste lists A and B European Waste List (EWL) risk approach former Red, Amber and Green List of OECD Basel Annex II (Y46 and Y47) ÖNORM (Austria) former German LAGA Waste Lists 18

19 principles of waste classification substance orientated classification OECD-Lists/Basel Lists mixture of concepts LAGA-Waste Lists (until 1998) ÖNORM (Austrian Waste List) EU Waste List (since 2002) EU Waste List ( ) source orientated classification 19

20 Comparison of systems Basel OECD EU-WSR scope Disposal (incl. Rec.) Recovery Recovery + Disposal scope (waste) hazardous waste (+ Y47 and Y47) hazardous + nonhazardous waste hazardous + nonhazardous waste basics substance orientated substance orientated substance orientated (EU hazardous waste definition: source orientated) basics intrinsic property: A List intrinsic property: A List intrinsic property: A List and EWL risk assessment: Remaining Red, Amber + Green Waste List Entries risk assessment: Remaining Red, Amber + Green Waste List Entries 20

21 European Waste List (EWL) 839 Waste codes 405 hazardous wastes 170 mirror entries * Waste XYZ containing dangerous substances Waste XYZ other than those mentioned in basic: intrinsic properties (H1 H14) limit values based on classification of hazardous goods 21

22 European Waste List (EWL) General definition dangerous substance dynamic reference to list of hazardous goods heavy metal 22

23 European Waste List (EWL) Use of list first check chapter 1 12, secondly check chapter thirdly check chapter 16 lastly use codes ending with XX YY 99 23

24 European Waste List (EWL) How to deal with mirror entries? find the appropriate mirror entry check if sufficient scientific knowledge is available (hazardous goods classification, production process.) if no result: check analytics available worst case: full analytics 24

25 Waste Categories Subject to Notification in Europe Article 1 (1) a) Hazardous waste pursuant to Annex I and III BC Basel Convention Article 1 (1) b) Article 1 (2) Hazardous waste pursuant to national (= European) definition "Other waste" pursuant to Annex II BC Waste listed as subject to notification in the WSR and not mentioned above European Waste Shipment Regulation (WSR) Non-listed waste as far as it is not hazardous Waste destined for final disposal not mentioned above Waste subject to notification pursuant to legislation of the country of the trading partner 25

26 Assessment of hazardousness of waste (H-Code) - 1 Composition of the waste often unknown Chemical analysis are expensive Problem of sampling of heterogeneous material Confusion of combustible with flammable Hazardousness depends on the concentration of the hazardous substance Precautionary classification as hazardous Difference between hazards during use or transport and hazards after disposal or during waste treatment (exposure scenario), e.g. CRTs are hazardous waste, but not hazardous goods 26

27 Assessment of hazardousness of waste (H-Code) - 2 Hazardousness depends on the concentration of the hazardous substance. Examples from the European Waste List: substances classified as very toxic at a total concentration 0.1 %, substances classified as toxic at a total concentration 3 %, substances classified as harmful at a total concentration 25 %, substance known to be carcinogenic at a concentration 0.1 %, one substance which may impair fertility or may harm the unborn child (toxic for reproduction) at a concentration 0.5 % Waste Basel Convention Classification Workshop and related Problems May

28 Assessment of hazardousness of waste (H-Code) - 3 Hazardousness depends on the exposure scenario. Examples from GHS hazard statements Toxic if swallowed Toxic in contact with skin Toxic if inhaled Toxic for aquatic life 28

29 exercise on waste definition and waste classification by pictures 29

30 electronic scrap 30

31 end of life mobil phones visual pre-sorting function control mobile phone doesn't function: waste Mobil phone is functioning: product 31

32 CRT s 32

33 CRT s 33

34 CFC's 34

35 compressors from fridges? 35

36 compressors from fridges CFC 36

37 CFC-containing end of life refrigerators R 12 37

38 Thank you for your attention! Dr. Joachim Wuttke 38