Guide to Hazardous Waste and Hazardous Recyclable Material Classification: chapter 2

What is Hazardous Waste under the Regulations?

• 2.1 Hazardous Waste Definition
• 2.2 Hazard Characteristics Criteria for Classes 2, 3, 4, 5, 6, 8 and 9 of the TDGR
• 2.3 Exclusions from the definition of Hazardous Waste

2.1 Hazardous Waste Definition

Paragraph 1 of Section 1 of the Regulations defines “hazardous waste” as anything that is to be disposed of using a disposal operation set out in Schedule 1 (reproduced in Appendix 2 of this document), and that also meets at least one of the six requirements outlined in sections 2.1.1 to 2.1.6:

Note that the descriptions in sections 2.1.1 to 2.1.6 as well as section 2.2 of this guide also apply to the definition of “hazardous recyclable material” outlined in section 3.1.  References to hazardous recyclable material are made throughout sections 2.1.1 to 2.1.6 of this guide to avoid having to repeat the descriptions provided in section 3.1. Also, a reference to waste in those sections can be substituted for a reference to recyclable material.

2.1.1 Is listed in column 2 of Schedule 3

These wastes are designated as hazardous for the purpose of exports, imports and transits. They may not meet any of the hazard criteria but are included to comply both with Canada’s international obligations and CEPA requirements. Examples include biomedical waste, used oil and some substances that are toxic under CEPA such as dioxins and furans.

Note that biomedical waste cannot be imported or exported for the purposes of recycling as it can only be disposed.

2.1.2 Is included in at least one of classes 2, 3, 4, 5, 6, 8 or 9 of the TDGR

The TDGR divide dangerous goods into nine classes according to the type of danger they present. The nine classes of dangerous goods are (see section 2.2 of this Guide for more information):

Class 1

Explosives (NOT COVERED UNDER THE REGULATIONS) Note: Explosives are administered by the Explosives Act and Regulations.

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 REGULATIONS) Note: Radioactive materials are administered by the Canadian Nuclear Safety Commission.

Class 8

Corrosives

Class 9

Miscellaneous Products, Substances or Organisms

Under the TDGR, Part 2 sets out how to determine when a substance is included in one of the nine classes. Specifically, a substance would need to:

• be listed by name in Schedule 1 of the TDGR and be in any form, state or concentration that meets the criteria for inclusion in one of the classes as set out in Part 2; or
• simply meet the criteria for inclusion in one of the classes as set out in Part 2.

Therefore Schedule 1 of the TDGR can be used as a first indication of whether or not a substance may be included in one of the nine classes, but the criteria set out in Part 2 of the TDGR essentially need to be met.  Note that Class 1 and Class 7 are not covered by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.

2.1.3 It is listed in column 2 of Schedule 4 of the Regulations and is included in at least one of classes 2, 3, 4, 5, 6, 8, or 9 of 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 by the province of Ontario. Both parts of this schedule include the F&K lists from the United States Environmental Protection Agency (US EPA) 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.

2.1.4 It is listed in column 1 of Schedule 5 of the Regulations in a concentration equal to or greater than the applicable concentration set out in column 2 of that schedule

2.1.5 It produces a leachate containing a constituent set out in column 2 of Schedule 6 of the Regulations 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, Toxicity Characteristic Leaching Procedure (TCLP), 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. The test is also applied to recyclable material because, in circumstances where the opportunity for recycling would vanish, those materials could end up being disposed.

2.1.6 It is listed in column 2 of Schedule 7 of the Regulations, 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 or otherwise unacceptable for use. This list is consistent with the current approach used by both the US and Ontario.

2.2 Hazard Characteristics Criteria for Classes 2, 3, 4, 5, 6, 8 and 9 of the TDGR

This section summarizes requirements in Part 2 of TDGR. If there is a discrepancy between the information in this Classification Guide and Part 2 of the TDGR, the TDGR take precedence. Note that a reference to waste in this section can be substituted for a reference to recyclable material.

Class 2: Gases

Waste is included in Class 2 if it is

1. a gas included in one of the divisions described below
2. a mixture of gases
3. a mixture of one or more gases with one or more vapours of substances included in other classes
4. an article charged with a gas
5. tellurium hexafluoride
6. an aerosol.

Divisions

Class 2 contains the following three divisions:

Class 2.1: Flammable Gases, consisting of gases that, at 20°C and an absolute pressure of 101.3 kPa,

1. are ignitable when in a mixture of 13 per cent or less by volume with air, or
2. have a flammability range with air of at least 12 percentage points determined in accordance with tests or calculations in ISO 10156

Class 2.2: Non-flammable and Non-toxic Gases, consisting of gases that are transported at an absolute pressure is greater or equal to 280 kPa at 20°C or as refrigerated liquids, and that are not included in Class 2.1, Flammable Gases, or Class 2.3, Toxic Gases; and

Class 2.3: Toxic Gases, consisting of gases that

1. are known to be toxic or corrosive to humans according to CGA P-20, ISO Standard 10298 or other documentary evidence published in technical journals or government publications, or
2. have an LC₅₀ less than or equal to 5 000 mL/m3

Packing Groups

There are no packing groups for Class 2, Gases.

Guidance on the determination of the LC₅₀value is found in sections 2.16 and 2.17 of Part 2 of the TDGR.

Class 3: Flammable Liquids

Waste included in Class 3 are substances that are liquids or liquids containing solids in solution or suspension, that

1. have a flash point less than or equal to 60°C using the closed-cup test method referred to in Chapter 2.3 of the United Nations (UN) Recommendations on the Transport of Dangerous Goods (hereafter refered to as the UN Recommendations); or
2. are intended or expected to be at a temperature that is greater than or equal to their flash point at any time while the substances are in transport.

Note: A flash point of 65.6°C, using the open-cup test method referred to in Chapter 2.3 of the UN Recommendations, is equivalent to 60°C using the closed-cup test.

Liquids that have a flash point greater than 35°C are not included in Class 3 if they

1. do not sustain combustion, as determined in accordance with the sustained combustibility test referred to in section 2.3.1.3 of Chapter 2.3 of the UN Recommendations;
2. have a fire point greater than 100°C, as determined in accordance with ISO 2592; or
3. are water-miscible solutions with a water content greater than 90 per cent by mass.

Packing Groups

Exceptions to the above packing groups are listed in TDGR Part 2, section 2.19.

Class 4: Flammable Solids; Substances Liable to Spontaneous Combustion; Substances That, on Contact with Water, Emit Flammable Gases (Water-Reactive Substances)

Divisions

Waste included in Class 4 are divided into the following three groups (additional detail is provided in TDGR Part 2, section 2.21):

Class 4.1: Flammable Solids

Class 4.2: Substances Liable to Spontaneous Combustion

Class 4.3: Water-Reactive substances

Packing Groups

As set out in section 2.22 and compiled in column 4 of Schedule 1 of the TDGR.

Class 5: Oxidizing Substances and Organic Peroxides

Divisions

Class 5 has two divisions:

Class 5.1: Oxidizing Substances, which consists of substances that yield oxygen thereby causing or contributing to combustion of other material (as determined in accordance with section 2.5.2 of Chapter 2.5 of the UN Recommendations); and

Class 5.2: Organic Peroxides, which consists of substances that

1. are thermally unstable organic compounds that contain oxygen in the bivalent "-O-O-" structure (as determined in accordance with Chapter 2.5 of the UN Recommendations);
2. are liable to undergo exothermic self-accelerating decomposition;
3. have one or more of the following characteristics:
1. liable to explosive decomposition
2. burn rapidly
3. sensitive to impact or friction
4. react dangerously with other substances
5. cause damage to the eyes; or
4. are in the list of currently assigned organic peroxides in section 2.5.3.2.4 of Chapter 2.5 of the UN Recommendations.

Packing Groups

As set out in section 2.25 and compiled in column 4 of Schedule 1 in the TDGR.

Class 6: Toxic and Infectious Substances

Divisions

Class six has two divisions:

Class 6.1: Toxic Substances, which consists of substances that are liable to cause death or serious injury or to harm to human health if swallowed or inhaled or if they come into contact with human skin. The groups of toxic substances are outlined in the chart below.

Guidance for determination of the LD₅₀ value is provided in sections 2.30 and 2.31 of Part 2 of the TDGR.

Class 6.2: Infectious Substances, which consists of infectious substances defined in Part 1 of TDGR as substances known or reasonably believed to contain viable micro-organisms such as bacteria, viruses, rickettsia, parasites, fungi and other agents such as prions that are known or reasonably believed to cause disease in humans or animals and that are listed in Appendix 3 of the TDGR, or that exhibit characteristics similar to substances listed in Appendix 3 of the TDGR.

Waste included in this class are divided into two categories: Category A and Category B (see section 2.36 and Appendix 3 - Guide to Category A and Category B Assignment) of the TDGR.

Packing Groups

Packing Groups for waste included in Class 6.1 are set out in sections 2.29, 2.34 and 2.35 under Part 2 of the TDGR.

Class 8: Corrosive Substances

Substances are included in Class 8 if they

1. are known to cause full thickness destruction of human skin, that is, skin lesions that are permanent and destroy all layers of the outer skin through to the internal tissues;
2. cause full thickness skin destruction, as determined in accordance with OECD Guidelines 430 or 431;
3. do not cause full thickness destruction of skin, but exhibit a corrosion rate that exceeds 6.25mm per year at a test temperature of 55°C, as determined in accordance with the ASTM (American Society for Testing Materials) Corrosion Test.

Packing Groups

As set out in section 2.42 under Part 2 of the TDGR

Class 9: Miscellaneous Products, Substances, or Organisms

As per section 2.43 under the TDGR waste is included in Class 9 if it:

1. is included in Class 9 in column 3 of Schedule 1 of the TDGR, or
2. is not included in Class 9 in column 3 of Schedule 1 and does not meet the criteria for inclusion in any of Classes 1 to 8, and
   1. is a marine pollutant under section 2.7 of Part 2 (Classification), or
   2. except for asphalt or tar, is offered for transport or transported at a temperature greater than or equal to 100°C if it is in a liquid state or at a temperature greater than or equal to 240°C if it is in a solid state,

Note: In circumstances where waste does not meet the criteria for inclusion in any of the classes 2, 3, 4, 5, 6, 8 and 9 (as per section 2.43) of the TDGR (i.e. there is no applicable UN number based on those hazard criteria), and this waste is considered to be hazardous waste under the Regulations, one of the following UN numbers applies to the hazardous waste and must be used^Footnote1 :

• For a liquid, the UN number 3082 (shipping name ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S.),
• For a solid, the UN number 3077 (shipping name ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.),
• Either UN number 3082 or UN number 3077 in the case of sludge (using the corresponding shipping name).

Therefore, the hazardous waste is designated as a dangerous good of Class 9 and applicable TDGR requirements are triggered for its transportation.

Packing Groups

Substances included in Class 9 are included in Packing Group III, unless they are included in a different packing group, as set out in column 4 of Schedule 1 of the TDGR.

2.3 Exclusions from the definition of Hazardous Waste

Paragraph 2 of section 1 of the regulations excludes from the definition in paragraph 1 anything exported, imported, or conveyed in transit that meets at least one of the following three criteria

1. in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity less than 50mL per shipment (other than anything included in class 6.2 of the TDGR),
2. that is collected from households in the course of regular municipal waste collection services, or
3. that is part of the exporter’s or importer’s personal or household effects, not resulting from commercial use.

Note that hazardous waste excluded under these criteria may still be subject to the regulations if it is exported and meets the criteria described in section 2.4 of this guide.

Also note that the exemption for waste “collected from households in the course of regular municipal waste collection services” applies to municipal governments’ collection and disposal programs. Hazardous waste or hazardous recyclable material separated out and gathered by depots or transfer stations for subsequent export or import is subject to the Regulations.

2.4 Waste Considered Hazardous for the Purpose of Export

Further to the hazardous waste identified in section 1 of the Regulations, any waste is considered to be hazardous waste if it will be exported to a country of import or conveyed in transit through a country and it meets at least one of the following conditions:

1. it is defined as, or considered to be, hazardous under the legislation of the country of import or a country of transit;
2. its importation is prohibited under the legislation of the country of import; or
3. it is one of the hazardous wastes covered under the Basel Convention.

Anyone who arranges the shipment of any type of waste to be exported, should determine if the countries to which the waste or recyclable material will be exported and through which the waste or recyclable material will transit have national laws that in any way prohibit, restrict, or control the import or transit of the waste or material.

The Basel Convention Export and Import Control Tool is a searchable database providing quick access to specific information for the countries of export, import, and transit, such as their national definitions of hazardous waste and import restrictions. If the import or transit of the waste or material is prohibited in the receiving country or in any of the transit countries, this waste or recyclable material cannot be sent to those countries. If there are laws in the import or transit countries restricting or controlling the import or transit of the waste or material, a notification must be submitted to Environment and Climate Change Canada for the proposed shipment. Environment and Climate Change Canada will contact the competent authority of the import and transit countries to seek their consent before the waste or recyclable material is shipped. In the case of imports into Canada, each provincial or territorial government must provide authorization for recycling or disposal operations at authorized facilities in their province or territory and communicate it to Environment and Climate Change Canada.