Proposed Regulated Waste Framework Julian Chan - EHP

Project Background and Description Environmental Protection Regulation 2008 –Sch 7 pt 1: List of regulated wastes –Sch 7 pt 2: Wastes not regulated Consequence of being a regulated waste: –disposal, treatment, reprocessing & transport -> regulated as environmentally relevant activities Project aim: review and reform this list to increase ease of use, clarity and consistency

Desired Outcomes Streamline regulated waste management processes while still managing risk to the environment and human health; Improve EHP’s waste management processes; Reduce costs to business; Provide clarity regarding what is regulated and why; Develop a risk assessment process for identifying substances that are potentially hazardous to the environment and human health; Regulate in proportion to risk and environmental & human health hazards; Update an ‘out of date’ regulated waste list.

Outside the Scope Compliance & enforcement; Influencing [inter]national processes; S 13 definition of waste.

Elements of the Proposed Framework Hazard based definition of regulated waste with hazard parameters defining each of the regulated wastes; Quantitative hazard thresholds; Testing regime for categorising regulated wastes; Default waste categorisation table; Decision-making framework for the above.

What substances are different? Current categories are broad and bundles up The new tables are more specific Current Sch 7 pt 1 Regulated Waste 27. Hydrocarbons and water mixtures or emulsions, including oil and water mixtures Revised Sch 7 Pt 1 Regulated Waste C6-C9 petroleum hydrocarbons C10-C36 petroleum hyrdocarbons C6-C9 petroleum hydrocarbons C10-C36 petroleum hyrdocarbons

New Decision-Making Framework 1. Definitional Exclusion Test 2. Characterise type of hazard present 3. Test for hazard parameters 5. No testing? – default categorisation 4. Categorise the Waste’s hazard

1. Definitional Exclusion Test Waste outside the regulatory definition of ‘regulated waste’ section 65 EP Regulation Wastes included in Schedule 7 Part 2

2. Characterise hazard type(s) present Identify likely contaminants, constituents or properties (hazard parameters) Table 2:

3. Test for Hazard Parameters Sample and quantitatively test for identified hazard parameters; Involves procedures for quality assurance and appropriate scientific protocols. Two types of testing: –T = total concentration –L = leachable concentration

4. Assess and Categorise Waste Hazard Assess testing results for each hazard parameter against the hazard thresholds: –Cat 2 upper limits – T(total) and L(leachable) –Cat 3 upper limits – T(total) and L(leachable) –Cat NR upper limits – T(total) and L(leachable)

5. No testing? – Default Categorisation! If a person does not wish to sample the waste it is automatically deemed a regulated waste (unless clearly ‘not regulated’ waste). –Category 1, 2 or 3? Use table 4:

Discussion?

Where to from here? June & July broad stakeholder consultation September 2015 – Release of Regulatory Impact Statement for public consultation December 2-15 – Regulation made – Commencement 2016