And, it claims that this misclassification has the potential to pose a ‘serious risk’ to the environment.
Latest guidelines on the classification of hazardous waste – known as WM2 – were published in August 2013, having previously been updated in April 2011.
The 2013 guidance stated that operators are required to use the correct classification of each chemical being handled in line with those listed in the EU’s Classification, Labelling and Packaging of Substances (CLP) Regulations.
However, the Agency has noted that amendments to the CLP are occurring ‘at a rate of at least once per year’ and unless companies are routinely checking the chemical classifications that they are using, they may not be compliant with their legal requirements.
New hazardous waste criteria are due to be published in 2015, but the Agency has claimed that any operators using the most up to date assessment procedures will not be likely to be in breach of the law.
Classification
In a letter to industry stakeholders, including the Chartered Institution of Wastes Management (CIWM), Environment Agency deputy director of illegals and waste Mat Crocker expressed concern and called for waste firms to carry out a review of the tools they are using to classify material.
Mr Crocker wrote: “We have recently found that a number of companies are carrying out waste assessments using out of date information and as a result they are misclassifying and mismanaging hazardous wastes. This could pose a serious risk to people and the environment, as well as undermining those businesses who are correctly assessing and classifying their waste.
“New hazardous waste criteria are being introduced next summer, and although this is unlikely to change many classifications, it will mean that companies will need to review their assessment procedures.”
Mr Crocker also noted that the Agency has sought to provide advice to members of its hazardous waste treatment group, but has appealed for wider awareness of the latest technical guidance notes.
‘Complex’
Commenting on the letter from the Enviroment Agency, CIWM chief executive Steve Lee noted that as this is a “complex” area of waste regulation, waste firms should seek to spread the latest information as widely as possible.
He said: “This is a complex area of waste regulation and also extremely important in terms of potential environmental and health impacts of misclassification and mismanagement. The Environment Agency is quite rightly working collaboratively with industry organisations to get the message out and as the professional body for the waste and resources sector, CIWM is committed to supporting its efforts to tackle these misclassification issues.
“I would urge practitioners for whom this is relevant to refer to the Agency’s letter and supporting Annexe, and also to disseminate this information to colleagues and contacts as appropriate.”
Subscribe for free