Questions & Answers on our Positions on Hazardous Waste 1) Mixing…

Questions & Answers on our Positions on
Hazardous Waste
1)   Mixing Pits
2)   Total Organic Carbon limits
3)   Classification and coding guidance
4)   WM2 and assessment of ecotoxicity
5)   Problematic Waste Streams (PWS)


1) Mixing Pits
What does the extension of the deadline mean to the other mixing pits
still operating? Will they also be granted an extension?

Yes. All mixing pit operators, including Castle, were required to cease use of their pits by 30
June 2008. Mixing pits are the lowest cost option for mixing or treating hazardous wastes. In
the interests of ensuring that other operators are not financially disadvantaged, we will allow
the other mixing pits to operate until this date.

How many mixing pits were affected by the closure decision?

Originally there were nine but 2 have already closed.

Who operates them and where are they?
The sites still in operation are Augean Treatment Ltd, Cannock, Castle Waste Services,
Ilkeston, Collier Industrial Waste, Manchester, CSG Lanstar (Cadishead), Manchester, Red
Industries Ltd, Burslem, Veolia ES Onyx Ltd, Bootle, Waste Recycling Ltd, Sheffield.

Why did we require mixing pits to close?
Mixing of wastes in pits does not meet the requirements of the IPPC Directive as they do not
deliver a high level of environmental protection. Further detail on the mixing of waste in pits
can be found on our Business web pages at www.environment-agency.gov.uk and click on
Business/ Business Sectors/ Waste Management/ Regulations and Guidance/ PPC Waste/
Mixing Pits.

What options are now available for the wastes that previously were
treated in a mixing pit ?

We commissioned Atkins to produce a report to look at this issue. This can be found on our
website on the Mixing of Waste in Pits webpage.
What is the result of Castle Waste Services challenge to the need to
introduce waste pre-acceptance procedures and closing their mixing
pits by 30 June 2008?
We welcome the Planning Inspectorate's decision to dismiss Castle Waste Services' appeal
over Improvement Condition IP4 (the need to introduce waste pre-acceptance procedures to
comply with S5.06).

This means that Castle will now have to ensure that they have a detailed knowledge of any
wastes that they wish to manage before such wastes arrive at their site. Waste pre-
acceptance is an essential first stage in the proper management of wastes and is key to
preventing accidents which is a priority goal for this sector.

Castle were also required to cease use of their mixing pit, by 30 June 2008. Although their
original appeal challenged the need to close their pit, they abandoned that argument shortly
before the appeal hearing, and merely sought an extension to the closure date. The Planning
Inspectorate granted them an extension, and their pit must now cease operating by 10
November 2008. In the interests of consistency across the sector we will allow the other
mixing pits to operate until this date.


2) Total Organic Carbon limits
What are the organic carbon limits for waste to be accepted at landfill?
                                 Loss on Ignition (%)         TOC (%)          DOC (mg/kg dry
                                                                                 substance)
Hazardous waste                           10                      6                1000
Stable non-reactive                        -                      5                 800
hazardous waste

Note: Either TOC or loss on ignition may be used for waste destined for disposal at landfill for
hazardous waste. Only the TOC limit applies to SNRH waste.

What will happen to wastes that exceed the landfill TOC limit?
The waste producer must decide whether landfill is the best option for the management of his
waste. If the waste must go to landfill it must be treated. Treatment must ensure that the limits
for organic carbon are achieved.

For example, contaminated soil can be `washed' or subject to thermal treatments to reduce
the amount of organic matter content to below the limits

Will these wastes now be stockpiled because there are no disposal
options available for them?
We expect all waste to be treated to meet the limits. However, we accept that in exceptional
circumstances, treatment will not be able to reduce TOC to below the limits. In such cases the
waste will be a problematic waste. We have a procedure in place for assessing whether
landfill is the most appropriate route for the management of such wastes. While we follow that
process, some waste stockpiling may be necessary.
What should a producer of hazardous waste do with their wastes with a
higher than 6% TOC content?
    1. Producers should review their existing production processes to identify whether they
       can be changed such that their waste can be recycled or reused so that it does not
       need to be sent to landfill.
    2. If the producer cannot recycle or reuse their waste, they must consider whether their
       processes can be changed to reduce the TOC to below the landfill limits.
    3. If their waste must be disposed of to landfill and they cannot treat the waste on site,
       they must discuss treatment and disposal options with their waste contractor to
       identify the best mechanism for treating their waste to below the landfill limits.


3) Classification and coding guidance

Why is this guidance needed?
This guidance provides clarity on how to classify and code output from specific physico-
chemical treatment facilities. It is to be read in conjunction with our technical guidance WM2
which provides guidance on assessing and classifying hazardous wastes.

Who will need this guidance?
Producers of hazardous wastes and hazardous waste management operators.

What is the legal basis for this guidance?
The principles for classifying and coding a hazardous waste are found in the Hazardous
Waste Regulations 1 (HWR) and the List of Waste Regulations 2 (LoWR). The List of Waste
Regulations implement the latest version of the List of Wastes Decision.
We call this `the List' and it is also known as the European Waste Catalogue (EWC). These
regulations are the legal framework for the decisions in the guidance.

What will hazardous waste producers and the waste management
operators have to do?
Producers treating their own wastes and operators of waste treatment facilities, will have to
ensure that hazardous wastes that have been treated are classified and coded in line with the
guidance.

What will be the impact of this guidance?
The provision of clarity given in the document may improve treatment activities and facilitate
the development of new treatment technologies. There may be more wastes classified as
hazardous. However, wastes will be classified correctly and so decisions about final disposal
routes will be suited to the type of wastes providing a better environmental outcome.



1 `Hazardous Waste Regulations' is an abbreviation for both the Hazardous Waste (England and Wales) Regulations
2005 and the Hazardous Waste (Wales) Regulations 2005.
2 `List of Waste Regulations' is an abbreviation for both the List of Wastes (England) Regulations 2005 and List of
Wastes (Wales) Regulations 2005.

2
An earlier draft of this guidance required all hazards in a waste to be
treated to make the waste non-hazardous. Why is this not required in
this version?
We have accepted that when certain treatment activities are carried out, there will be a
degree of dilution of some of the dangerous components as part of the treatment process that
will result in a non-hazardous residue. The guidance explains where this is acceptable and
where we also consider that insufficient treatment of dangerous substances has been carried
out such that the residue will remain hazardous.

I don't understand why my waste is hazardous when it doesn't contain
any hazardous properties. How can this be?
The List of Waste Regulations identify that some wastes are "absolutely" hazardous
regardless of what they contain. They are seen as hazardous because they are almost
always going to be hazardous or because they are seen to be dangerous by how the waste
was produced. For example, all 11 01 05* pickling acids and all 19 03 06* wastes marked as
hazardous, solidified are absolutely hazardous. In our technical guidance WM2 we identify
these wastes by marking them in red.

Why hasn't the guidance included other physico-chemical treatments
such as oxidation/reduction?
We have not been able to cover all treatment methods in the guide. If you have specific
treatment methods that produce a residue that requires disposal elsewhere (e.g. further
treatment or landfill) you should contact us to see if we can agree a code and classification for
the waste.

Why isn't there any guidance on coding macerated wastes?
As stated above we have not been able to cover all treatment methods in the guide. If you
have specific treatment methods that produce a residue that requires disposal elsewhere
(e.g. further treatment or landfill) you should contact us to see if we can agree a code and
classification for the waste.

Why can't EWC code 19 03 05 be used to code wastes from stabilisation
of hazardous waste?
EWC Code 19 03 05 is for coding fully stabilised wastes i.e. wastes where all the hazards
have been treated. To date, we have not been given an example of a stabilisation process
that treats all of the hazardous properties.

If I add acid to a waste and then treat the mixture with alkali isn't this
process neutralisation?
No. The neutralisation has to be fundamental to the reason the waste is treated. If for
example you add acid to a pesticide to acidify it, and then add alkali to neutralise the acid, the
pesticide is not neutralised - the pesticide is simply stabilised or solidified (19 03 04* or 19 03
06*) into the resulting treatment sludge.
According to your guide, my waste is 19 03 04* waste marked as
hazardous, partly stabilised, but I've analysed it and it hasn't got any
hazardous properties - isn't it non-hazardous?
No. 19 03 04* is an absolute hazardous waste listing. It is coded as hazardous because the
components that caused the original waste to be hazardous are stabilised in the matrix of the
output waste. There is no need to analyse the waste to identify it as hazardous. You will need
to consign the waste as hazardous if it leaves your site. If it does not have any hazards, you
can put "none" in the hazardous properties section of the consignment note.


4) WM2 and assessment of ecotoxicity
What is WM2?
WM2 is technical guidance on the classification and assessment of hazardous wastes. It
includes advice on how to assess a waste for each of the fourteen hazardous properties.

What does ecotoxic mean?
If a waste is ecotoxic it has properties that are potentially dangerous for the environment, for
example it may be toxic to the aquatic environment or able to cause damage to the ozone
layer.

Why has we revised our guidance?
We regularly review our guidance in line with changes in legislation and technical
understanding. In this case the review was triggered by a number of factors including
revisions to the classification of certain chemicals.

What is new? What has changed?
Two things have changed.

Firstly we have updated the chemical analysis based assessment to align with chemicals
legislation. This includes the use of trace impurity and substance specific thresholds.

Secondly we have provided additional clarification on the direct testing of waste to ensure that
it is only considered where appropriate, and that the results are correctly interpreted.

What businesses will be affected by this new guidance and what will
they need to do?
Businesses producing or using the majority of manufactured products should find that the
alignment of our guidance with the legislation on product packaging and labelling makes
things simpler.

In most cases where a product is labelled with `Dangerous for the Environment', or is
assigned an Ecotoxic risk phrase on the Material Safety Data Sheet, then these would
become a waste with an Ecotoxic hazardous property.

Where can I find a copy of the guidance?
A copy of this guidance is available on our web site. Go to www.environment-agency.gov.uk
then click on Waste/ Business/ Dealing with Hazardous Waste
5) Problematic Waste Streams (PWS)
What wastes will the Environment Agency class as PWS as a result of
these changes?
Currently industry has not flagged up any wastes to us that will become PWS following the
cessation of use of mixing pits. However this situation may change as the closure date
approaches and industry possibly becomes more focussed on these matters or attempts to
find alternative treatments.

There are two PWS currently identified. They are furnace slag from lead-acid battery
recycling and spent-pot linings from the aluminium smelting industry. Although it is likely the
lead acid battery problematic waste will be resolved by the end of 2008.

Could the PWS route be an easy way to dispose of hazardous wastes?
No. The PWS procedure is demanding with many hurdles to go through before a PWS status
is granted to any waste. Any waste obtaining PWS status has to be reported to the European
Commission.