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Guide to Classification

Classifying Hazardous Recyclable Materials

3.1 Requirements

The regulation defines “hazardous recyclable material” as anything that is destined for recycling using one of the operations set out in Schedule 2: Recycling Operations for Hazardous Recyclable Materials (Table 3 of this document) and that also meets at least one of the following seven requirements:

3.1.1 Is listed in column 2 of Schedule 3: Environmentally Hazardous Waste and Hazardous Recyclable Material

These materials are designated as hazardous for the purpose of transboundary movements. Although they may not meet any of the hazard criteria, they are included to comply with both Canada’s international and Canadian Environmental Protect Act (CEPA) obligations. Examples include used oil, glycols, e-waste, treated wood, and some CEPA toxics such as dioxins and furans. Biomedical waste is explicitly deleted from the list for recycling operations.

3.1.2 Is included in at least one of classes 2, 3, 4, 5, 6, 8, or 9 of the Transportation of Dangerous Goods Regulations (TDGR)

The listing approach is not intended to be comprehensive; therefore, criteria and tests are also needed to characterize materials that are not listed specifically. This is done by the Hazard Characteristics Criteria in hazard classes 2, 3, 4, 5, 6, 8, or 9 of the TDGR, with amendments made to the definition of Class 9 to include recycling.

The TDGR divide dangerous goods into nine classes according to the type of danger they present. Part 2 of the TDGR provides a listing of the substances included under each of the nine classes. The nine classes of dangerous goods are:

  • Class 1: Explosives [not covered under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR)]. Note: Explosives are administered by the Explosives Act.
  • Class 2: Gases
  • Class 3: Flammable Liquids
  • Class 4: Flammable Solids; Substances Liable to Spontaneous Combustion; Substances That, on Contact with Water, Emit Flammable Gases (Water-Reactive Substances)
  • Class 5: Oxidizing Substances and Organic Peroxides
  • Class 6: Toxic and Infectious Substances
  • Class 7: Radioactive Materials (not covered under the EIHWHRMR). Note: Radioactive materials are administered by the Canadian Nuclear Safety Commission.
  • Class 8: Corrosives
  • Class 9: Miscellaneous Products, Substances, or Organisms

See Part 2 of this guide for complete definitions of the TDGR classes 2, 3, 4, 5, 6, and 8. A full list of substances included under this regulation can be found in Schedule 1 of the TDGR.

3.1.3 Is listed in column 2 of Schedule 4: Types of Hazardous Waste and Hazardous Recyclable Material, and is included in at least one of classes 2, 3, 4, 5, 6, 8, or 9 of the TDGR

Schedule 4 may look familiar, since it includes the 100 waste types previously listed in the TDGR. The Schedule 4 lists of hazardous waste and hazardous recyclable material include the additions made by the US since the mid-1990s and, more recently, by the province of Ontario. Both parts of this schedule include US EPA F&K lists generated through particular processes or industries. In addition, Part 1 of Schedule 4 reflects the US wording for items 1 to 5, which include a 10 per cent concentration as a threshold for inclusion. The lists set out in Schedule 4 allow for closer harmonization with the US and Ontario lists of hazardous industrial wastes, in addition to other industry-oriented international lists.

3.1.4 Is listed in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that schedule

3.1.5 Produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that schedule

This schedule sets the constituents and limits for the prescribed test for determining leachability, the US EPA Method 1311. Method 1311, TCLP, July 1992, is used as a measure of the availability and mobility of these hazardous constituents to migrate from the waste into the environment, where they pose a hazard to human health and the environment.

3.1.6 Is listed in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused

These wastes include commercial chemical wastes and recyclables included on the US EPA P&U lists. These substances are commercial chemical products or manufacturing intermediates that, from time to time, are off-specification and, therefore, otherwise unacceptable for use. This list is consistent with the current approach used by both the US and Ontario.

3.1.7 Canada has been informed under the Basel Convention or by the U.S. that the recyclable material is considered or defined as hazardous under the legislation of the receiving country and the receiving country has also prohibited the waste’s import or transit

Refer to the Waste Reduction and Management web site for notification of such prohibitions.

3.2 Exclusions

The definition of “hazardous recyclable material” does not include anything that meets at least one of the following three criteria:

  1. is exported, imported or conveyed in transit in a quantity of < 5 kg or 5 L per shipment or in the case of mercury in a quantity < 50 ml per shipment (this does not include class 6.2 of the TDGR);
  2. is collected from households in the course of regular municipal waste collection; or
  3. is part of the exporter’s or importer’s personal or household effects, not resulting from commercial use.

Note : The exemption in the definition of hazardous waste and hazardous recyclable material for wastes or material "collected from households in the course of regular municipal waste collection services" applies to municipal governments’ collection and disposal programs. Household hazardous waste collected by depots or transfer stations for subsequent export or import is subject to the EIHWHRMR.

For shipments of hazardous recyclable material that are exported, imported, or conveyed in transit within the OECD 5, the definition of “hazardous recyclable material” excludes anything that

  1. meets all four of the following criteria:
    • is in a quantity of 25 kg or 25 L or less;
    • is exported or imported for the purpose of conducting measurements, tests, or research with respect to the recycling of that material;
    • is accompanied by a shipping document, as defined in section 1.4 of the TDGR, that includes the name and address of the exporter or importer and the words "test samples" or "échantillons d'épreuve"; and
    • is not and does not contain an infectious substance as defined in section 1.4 of the TDGR;
  2. or,

  3. (b) meets all three of the following criteria:
    • is set out in Schedule 8;
    • does not exhibit any other hazard class of 2, 3, 4, 5, 6, 8 or 9 but has a leachate extraction concentration that exceeds the leachate extraction concentration listed for that substance in Schedule 6: Table of Hazardous Constituents Controlled Under Leachate Test and Regulated Limits; and
    • is destined for recycling at an authorized facility in the country of import, using one of the operations set in Schedule 2 of the EIHWHRMR.

5 A list of OECD countriesfrom the OECD website