Waste classification: what method should be used to determine whether waste is hazardous or not?

Classifying waste as hazardous or non-hazardous depends on a 5-step methodology, including identification, composition, hazardous properties (HP), and the presence of persistent organic pollutants (POPs).

Marie Faucon
Consultante HSE
Publication : 
12.12.2019
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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As part of the waste classificationprocess, identifying hazardous waste is a key step. Different rules apply depending on whether the waste is hazardous or not.

A European communication [1] details a methodology for assessing the nature of waste and classifying it as hazardous or non-hazardous. This method helps prevent hazardous waste from being incorrectly classified as non-hazardous following its storage with other waste. We would like to present this method to you.

Classifying hazardous or non-hazardous waste: a 5-step methodology

Step 1: Verify the applicability of the Waste Framework Directive

This step involves verifying that the item in question:

  • meets the definition of "waste" as defined by the Waste Framework Directive [2] "waste: any substance or object which the holder discards or intends or is required to discard"
  • and that it is not excluded from the scope of the directive (examples: gaseous effluents emitted into the atmosphere, wastewater, etc.).

Step 2: Identify the corresponding entry in the list of waste

At this stage, the waste must be classified according to a category from the list of waste.

Note: the list of waste can be found in Decision 2000/532/EC of 3 May 2000 [3]. Annex 1 of the communication also reproduces it and contains a method for determining the appropriate waste category.

Three options may then arise:

  • the waste falls under an "absolute hazardous" category (a category marked with an asterisk) => the assessment ends at this stage;
  • the waste falls under an "absolute non-hazardous" category => the assessment ends at this stage;
  • the waste falls under at least two categories, one of which corresponds to hazardous waste and the other to a non-hazardous waste, this is then a "mirror entry" => a more in-depth assessment is required to classify the waste as either a "hazardous mirror entry" or a "non-hazardous mirror entry."

Step 3: Gather information on the waste composition

This step involves gathering information on the composition of the waste to determine whether it may exhibit one or more hazardous properties from HP 1 to HP 15. For example, this information may relate to the manufacturing process or be provided by the supplier, such as Safety Data Sheets (SDS).

Step 4: Determine whether the waste exhibits a hazardous property from HP 1 to HP 15

The properties that render waste hazardous are defined by Annex III of the Waste Framework Directive: explosive (HP 1), oxidizing (HP 2), flammable (HP 3), irritant — skin irritation and eye damage (HP 4), specific target organ toxicity (STOT)/aspiration toxicity (HP 5), acute toxicity (HP 6), carcinogenic (HP 7), corrosive (HP 8), infectious (HP 9), toxic for reproduction (HP 10), mutagenic (HP 11), release of an acutely toxic gas (HP 12), sensitizing (HP 13), ecotoxic (HP 14), and waste capable of exhibiting one of the aforementioned hazardous properties that the original waste does not directly exhibit (HP 15).

At this stage, the goal is to apply at least one of the following methods to determine whether the waste exhibits one or more hazardous properties (HP 1 to HP 15): calculation and/or testing.

Annex 3 of the communication provides specific methods for determining hazardous properties.

If, at the end of this step, the waste possesses at least one hazardous property, it will be classified as a "hazardous mirror entry." Otherwise, Step 5 must be followed.

Step 5: Determine whether the waste contains persistent organic pollutants (POPs)

In this final step, you must determine whether the waste contains POPs and if the POP concentration exceeds the limit values defined in the POP Regulation. [4].

Note: POPs are chemical substances, whether produced intentionally or unintentionally, that easily accumulate in living organisms and are particularly toxic to human health and the environment. In addition to pesticides (DDT, Aldrin, Chlordane, etc.), the main POPs include dioxins and furans, PCBs, and polycyclic aromatic hydrocarbons (PAHs). When produced unintentionally, POPs are primarily generated during incomplete combustion. Industrial processes involving a combustion stage (waste incineration, metallurgy, etc.) are therefore the main sources of emissions.

If the waste does not contain POPs or if its POP concentration is below the limit values, it must be classified under the "non-hazardous mirror" entry. Otherwise, the waste will be classified under the "hazardous mirror" entry.

In conclusion, it is important when classifying waste to determine whether it is hazardous or not in order to know how to manage it in your waste management software and to discuss the right information with your service providers. This also impacts costs, as, in general, treating hazardous waste is much more expensive than treating non-hazardous waste. The methodology presented here can help you carry out your waste classification.

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[1] Commission Notice — Technical guidance on the classification of waste [OJEU of 9 April 2018]

[2] Directive 2008/98/EC of 19 November 2008 on waste [OJEU of 22 November 2008]

[3] Decision 2000/532/EC of 3 May 2000 [OJEU of 6 September 2000]

[4] Regulation (EC) No 850/2004 of 29 April 2004 on persistent organic pollutants [OJEU of 30 April 2004]

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