European Union (Properties of Waste which Render it Hazardous) Regulations 2015

• Jurisdiction: Ireland

TABLE OF CONTENTS

PART I

PRELIMINARY AND GENERAL

1. Citation

2. Interpretation

3. Entry into Force

PART II

AMENDMENT TO THE ACT OF 1996

4. Substitution of the Second Schedule of the Act of 1996

S.I. No. 233 of 2015

EUROPEAN UNION (PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS) REGULATIONS 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th June, 2015.

I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, hereby make the following regulations:

PART I

PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the European Union (Properties of Waste which Render it Hazardous) Regulations 2015.

Interpretation

2. (1) In these Regulations-

"Act of 1996" means the Waste Management Act 1996 .

Entry into Force

3. These Regulations shall come into operation on 1 June 2015.

PART II

AMENDMENT OF THE ACT OF 1996

Substitution of the Second Schedule of the Act of 1996

4. The Act of 1996 is amended by substituting the following Schedule for the Second Schedule:

"SECOND SCHEDULE

PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS

Section 4(1)

HP 1 ‘Explosive’: waste which is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive self-reactive waste is included.

When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 1, the waste shall be assessed for HP 1, where appropriate and proportionate, according to test methods. If the presence of a substance, a mixture or an article indicates that the waste is explosive, it shall be classified as hazardous by HP 1.

Table 1: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 1:

HP 2 ‘Oxidising’: waste which may, generally by providing oxygen, cause or contribute to the combustion of other materials.

When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 2, the waste shall be assessed for HP 2, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is oxidising, it shall be classified as hazardous by HP 2.

Table 2: Hazard Class and Category Code(s) and Hazard statement Code(s) for the classification of wastes as hazardous by HP 2:

HP 3 ‘Flammable’:

— flammable liquid waste: liquid waste having a flash point below 60°C or waste gas oil, diesel and light heating oils having a flash point > 55°C and ≤ 75°C;

— flammable pyrophoric liquid and solid waste: solid or liquid waste which, even in small quantities, is liable to ignite within five minutes after coming into contact with air;

— flammable solid waste: solid waste which is readily combustible or may cause or contribute to fire through friction;

— flammable gaseous waste: gaseous waste which is flammable in air at 20°C and a standard pressure of 101.3 kPa;

— water reactive waste: waste which, in contact with water, emits flammable gases in dangerous quantities;

— other flammable waste: flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.

When a waste contains one or more substances classified by one of the following hazard class and category codes and hazard statement codes shown in Table 3, the waste shall be assessed, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is flammable, it shall be classified as hazardous by HP 3.

Table 3: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 3:

HP 4 ‘Irritant — skin irritation and eye damage’: waste which on application can cause skin irritation or damage to the eye.

When a waste contains one or more substances in concentrations above the cut-off value, that are classified by one of the following hazard class and category codes and hazard statement codes and one or more of the following concentration limits is exceeded or equalled, the waste shall be classified as hazardous by HP 4.

The cut-off value for consideration in an assessment for Skin corr. 1A (H314), Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1%.

If the sum of...