Comments and Reply: Low-Risk Recyclables

• Mechanism to Update Schedule 7
• Exemptions
• Revisions to Schedule 7

A number of industry, association and provincial stakeholders provided comments with respect to the confirmation of disposal or recycling for wastes and recyclable materials.

Response: Risk-based criteria are found in Appendix 6 of the OECD Decision C(2001) 107/Final, which is available to the public. The Decision outlines the process for assigning wastes destined for recycling in the OECD area to Appendix 3 (not requiring controls) and Appendix 4 (requiring controls) in subpart B. If a member country wishes to apply these risk- based criteria to manage Appendix-4 wastes as Appendix-3 wastes, it must notify the OECD Secretariat of the rationale for this decision. If, however, a member country wishes to assign additional wastes to Appendix 3, it must submit an application to the Basel Convention.

Response: Environment Canada is not proposing to provide a blanket exemption for recyclables. The proposed Regulations are consistent with the OECD Decision.

The revised OECD Decision represents a risk-based approach to determining levels of controls for hazardous recyclable materials, while the Basel Convention takes into account hazard characteristics. Recyclable materials are placed on the Green List of the OECD Decision (not requiring controls) if the possibility exists that they might exhibit a secondary hazard. The OECD has developed a mechanism whereby member countries may apply to have recyclable materials placed on this list.

Response: The materials listed in Schedule 7 are representative of those on the OECD Decision Green List. The Green List was not adopted in its entirety, as a number of materials listed would not necessarily exhibit a hazard, and would therefore be redundant in their application to the proposed Regulations.

A recyclable material that exhibits a hazard other than leachability is not considered low-risk. Such a material could be contaminated by other materials to an extent that increases its risks to human health and the environment. This may render the material appropriate for controls or could prevent its recovery in an environmentally sound manner.