Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations - Draft Classification Guide

Environment Canada
Transboundary Movement Branch

TABLE OF CONTENTS

• LIST OF TABLES
• LIST OF ABBREVIATIONS
• PART 1 - INTRODUCTION
• PART 2 - CLASSIFYING HAZARDOUS WASTES
• PART 3 - CLASSIFYING HAZARDOUS RECYCLABLE MATERIALS
• PART 4 - CODES REQUIRED UNDER THE EIHWHRMR
• PART 5 - CLASSIFICATION EXAMPLES
• PART 6 - ADDITIONAL SOURCES OF INFORMATION

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LIST OF TABLES

• Table 1.  Reasons Why Wastes or Materials Are Intended for Disposal/Recycling
• Table 2.  Disposal Operations for Hazardous Waste (Schedule 1 of EIHWHRMR)
• Table 3.  Recycling Operations for Hazardous Recyclable Material (Schedule 2 of EIHWHRMR)
• Table 4.  Generic Types of Potentially Hazardous Wastes
• Table 5.  Constituents of Potentially Hazardous Wastes
• Table 6.  List of Hazardous Characteristics
• Table 7.  Activities That May Generate Potentially Hazardous Wastes
• Table 8.  Core List of Waste Streams to Be Controlled from C(94)152/FINAL
• Table 9.  Annex VIII of the Basel Convention
• Table 10.  Appendix 4 of OECD Decision C(2001)107/Final

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Abbreviations

CBSA: Canada Border Services Agency

CCME: Canadian Council of Ministers of the Environment

CEPA 1999: Canadian Environmental Protection Act, 1999

EIHWHRMR: Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

IWIC: International Waste Identification Code

OECD: Organisation for Economic Co-operation and Development

POP: persistent organic pollutant

TCLP: Toxicity Characteristic Leaching Procedure

TDGR: Transportation of Dangerous Goods Regulations

UN: United Nations

US EPA: United States Environmental Protection Agency

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Part 1 - Introduction

The Canadian Environmental Protection Act, 1999 (CEPA 1999), which came into force in March 2000, expanded its authority over exports, imports, and transits of hazardous wastes and hazardous recyclable materials. In addition, the definitions and manifesting provisions pertaining to such exports, imports, and transits were transferred from the Transportation of Dangerous Goods Regulations (TDGR) to the regulations under CEPA 1999.

The Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) implement all of the authorities under CEPA 1999 concerning the transboundary movement of hazardous wastes and hazardous recyclable materials.

Purpose of this Guide

The EIHWHRMR implement a system of prior informed consent and tracking for transboundary movements of hazardous wastes and hazardous recyclable materials. Sections 2 and 3 of the Regulations define hazardous wastes and hazardous recyclable materials, respectively.

This guide is intended to provide practical advice on how to interpret the definitions, determine if a waste or material is covered by the Regulations, and select the codes that describe the waste or material for the purposes of notification. In addition, it is intended to provide specific guidance in determining how to classify a hazardous waste or recyclable material when completing the notification/administrative form. However, should there be any discrepancy between this guide and the Regulations, the Regulations take precedence.

Approach to Classification

The approach to determining whether a waste or recyclable material is hazardous and subject to these Regulations is based in part on the work of the Canadian Council of Ministers of the Environment (CCME) Hazardous Waste Task Group. A number of changes have been made to the approach to harmonize definitions across Canada and between Canada and the United States (US), and to remain consistent with Canada's commitments under the Basel Convention¹ and the Organisation for Economic Co-operation and Development (OECD) Decision².

The basic approach relies on both lists and hazard criteria. Some listed hazardous wastes and hazardous recyclable materials are deemed to be included under the Regulations. The listing approach is not intended to be comprehensive, and criteria and tests are also needed to characterize the hazards of wastes and recyclables that are not listed specifically.

Use of this Guide

This guide is presented in the following six parts:

• Part 1 - Introduction
• Part 2 - Classifying Hazardous Wastes
• Part 3 - Classifying Hazardous Recyclable Material
• Part 4 - Codes Required under the EIHWHRMR
• Part 5 - Classification Examples
• Part 6 - Sources of Additional Information

The remainder of the Guide contains tables of lists and definitions used in the classification of hazardous wastes and hazardous recyclable materials that are not found in the Regulations (i.e., relevant lists and schedules from the OECD decisions and the annex to the Basel Convention). In some cases where a list is excessively long (e.g., HS Codes) the appropriate reference is provided. A list of tables is provided on Page ii of this guide.

The Guide is intended for use by individuals who are familiar with the TDGR; however, it does not provide guidance on complying with the classification, placarding, or labeling requirements of the TDGR.

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Part 2 - Classifying Hazardous Wastes

The Regulations define "hazardous waste" as anything that is intended to be disposed of using a disposal operation, as set out in Schedule 1: Disposal Operations for Hazardous Waste³ (Table 2 of this document), and that also meets at least one of the following seven requirements:

• Is listed in column 2 of Schedule 3
  
  These wastes are designated as hazardous for the purpose of transboundary movements and may not meet any of the hazard criteria but are included to comply both with Canada's international and CEPA obligations. Examples include biomedical waste, used oil and some CEPA Toxics such as dioxins and furans.
  
  
• Is included in at least one of classes 2, 3, 4, 5, 6, 8 or 9 of the TDGR
  
  The listing approach above is not intended to be comprehensive; therefore, criteria and tests are also needed to characterize the hazards of wastes that are not listed specifically. This is done using the Hazard Characteristics Criteria in hazard classes 2, 3, 4, 5, 6, 8 or 9 of the TDGR.
  
  The TDGR divides 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 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

  A full list of substances included under this regulation can be found in Schedule 1 of the TDGR. Classes 1 and 7 are not covered by the EIHWHRMR.

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

Class 2: Gases

A waste is included in Class 2 if it is

1. a gas;
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; or
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 ≥ 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

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 value ≤ 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 sections2.16 and 2.17 of Part 2 of the TDGR.

Class 3: Flammable Liquids

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

1. have a flash point ≤ 60.5°C using the closed-cup test method referred to in Chapter 2.3 of the United Nations (UN) Recommendations⁴ and
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.

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 > 100°C, as determined in accordance with ISO 2592; or
3. are water-miscible solutions with a water content > 90 per cent by mass.

Packing Groups

Flammable liquids included in Class 3 are grouped into one of the following 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

Wastes 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 designated in column 4 of Schedule 1 in the TDGR

Class 5: Oxidizing Substances and Organic Peroxides

Divisions

Class 5 has two divisions:

Class 5.1: Oxidizing Substances, consisting of substances that yield oxygen that causes or contributes to combustion of other material (as determined in accordance with Chapter 2.5 of the UN Recommendations)

Class 5.2: Organic Peroxides, consisting 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 Chapter 2.5 of the UN Recommendations.

Packing Groups

As designated 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, consisting of substances that are liable to cause death, serious injury, or harm to human health if swallowed, inhaled, or in 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, consisting of micro-organisms that affect humans or animals. Wastes included in this class are divided into the following three risk groups:

• Risk Group 2 - Wastes that are included in, or exhibit characteristics that are similar to, substances listed in Risk Group 2 in Appendix 3 (Guide to Risk Group Assignments) of the TDGR
• Risk Group 3 - Wastes that are included in, or exhibit characteristics that are similar to, substances listed in Risk Group 3 in Appendix 3 (Guide to Risk Group Assignments) of the TDGR
• Risk Group 4- Wastes that are included in, or exhibit characteristics that are similar to, substances listed in Risk Group 4 in Appendix 3 (Guide to Risk Group Assignments) of the TDGR

Note: Risk Group 1 includes micro-organisms that are unlikely to cause human or animal disease, and are not regulated by the TDGR.

Packing Groups

Packing Groups for wastes included in Class 6.1 are as designated in sections 2.29 and 2.34 of 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;
2. cause full thickness skin destruction, as determined in accordance with the OECD Guidelines (can assume corrosiveness if pH < 2.0 or > 11.5 or can complete whole test);
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 described in section 2.42 of Part 2 of the TDGR

Class 9: Miscellaneous Products, Substances, or Organisms

A waste is included in Class 9 if it (from section 2.43 of Part 2 of the TDGR)

1. is included in column 3 of Schedule 1 of the TDGR, or
2. does not meet the inclusion in any of classes 1 through 8, but
   (iv) is intended for disposal, is in a form that can release toxic substances through leaching, and contains a substance listed in Appendix 4, Leachate Extraction: Substances and Concentrations, to this Part that has a leachate extraction concentration that exceeds the leachate extraction concentration listed for that substance in that Appendix, as determined in accordance with Environmental Protection Agency (EPA) Method 1311, or
   
   (v) is intended for disposal and is a mixture that includes an environmentally hazardous substance listed in Appendix 5, Environmentally Hazardous Substances Intended for Disposal, to this Part at or above the concentration shown for that environmentally hazardous substance in that Appendix.

Note: For a liquid, the UN number and shipping name are UN3082, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S., and for a solid, the UN number and shipping name are UN3077, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.

Packing Groups

Substances included in Class 9 are included in Packing Group III, unless they are included in a different packing group, as determined by column 4 of Schedule 1.

• Is listed in column 2 of Schedule 4: Hazardous Wastes and Hazardous Recyclable Materials from Non-Specific Sources and Specific Sources 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.
    
    
• 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
  
  
• 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, 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.
    
    
• 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.
    
    
• Canada has been informed under the Basel Convention or by the US that the waste 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 Transboundary Movement Branch Web site for notification of such prohibitions at http://www.ec.gc.ca/tmb/.

Exclusions

The definition of "hazardous waste" does not include anything exported, imported, or conveyed in transit

1. in a quantity of < 5 kg or 5L per shipment or, in the case of mercury, in a quantity < 50ml per shipment (this does not include class 6.2 of the TDGR),
2. that is collected from households in the course of regular municipal waste collection, or
3. that 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 waste 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.

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Part 3 - Classifying Hazardous Recyclable Materials

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:

• 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 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.
    
    
• Is included in at least one of classes 2, 3, 4, 5, 6, 8, or 9 of the 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 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 Substance 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 (a searchable database of this schedule is available at http://www.tc.gc.ca/tdg/clear/schedule1form.asp.
• 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.
    
    
• 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
• 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 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.
    
    
• 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 EPAP&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.
• 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 Transboundary Movement Branch Web site for notification of such prohibitions at http://www.ec.gc.ca/tmb/.

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 5L per shipment or in the case of mercury in a quantity < 50ml 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 OECD⁵, 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;
     
     or,
     
     
2. 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.

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Part 4 - Codes Required under the EIHWHRMR

Section 8(j) of the EIHWHRMR specifies information required in a notice of import, export, or transit with respect to each hazardous waste or hazardous recyclable material. Distinct line-item numbers are required for each hazardous waste or hazardous recyclable material entry, as well as any information associated with that entry.

The specific information required in a notice includes the following:

1. The International Waste Identification Code (IWIC)—a seven-part code that provides a way of classifying hazardous waste for export/import purposes
   
   Each part of the IWIC is prefixed with a specific letter, to indicate the type of information it contains. The different parts of the code are separated by two slashes (//). In some portions of the code, more than one number can be entered. If more than one entry from a specific table is used, a plus sign (+) must separate the entries.
   
   The completed code will have the following form:
   
   Q__(+__)*//D,R**__//L,P,S,G***__//C__(+__+__)//H__(+__ )//A__ //Y __+__
   
   Note: * The portions of the code in square brackets ([]) may or may not be required, depending on the waste in question.
   ** Enter only one letter: "D" for disposal or "R" for recycling, as set out in column 1 of Schedule 1 or 2, respectively, of the EIHWHRMR.
   *** Enter only one letter: "L" for liquid, "P" for sludge, "S" for solid, or "G" for gas.
   
   The IWIC can be obtained as follows using the tables included in this guide:
   
   
   1. Choose the one (or, at most, two) major reason(s) why the waste or recyclable material is intended for disposal or recycling from the list in Table 1. Mark your selection as "Q" plus the code number(s).
      
      
   2. Indicate the method selected for disposal or recycling by choosing the one operation from either Table 2 or Table 3 that most closely describes the fate intended for the material. Mark your selection as "D" or "R" plus the code number.
      
      
   3. Indicate whether the waste or recyclable material is a liquid (L), sludge (P), or solid (S) (powders are considered to be solids). Select the one descriptor from Table 4 that most closely describes the generic form of the waste or recyclable material. Mark your selection as "L", "P", or "S" plus the code number. If the material is a gas, substitute the letter "G" for the letters "L", "P", or "S" in the IWIC.
      
      
   4. Indicate whether the waste or recyclable material does or does not contain any of the constituents listed in Table 5. If it does not, mark "C0". If it contains one, mark the appropriate code number. If it contains more than one, estimate the hazard of each constituent (to a maximum of three entries) and indicate them in descending order, using the appropriate code numbers. This estimate is meant to be qualitative and based upon the best judgment of the notifier; physical testing is not required.
      
      
   5. Select from Table 6 the one (or, at most, two) major potential hazard(s) presented by the waste or recyclable material. Mark your selection as "H" plus the code number(s) indicated for the corresponding TDGR class in the following chart.
      
      

      TDGR CLASS	"H" ENTRY
      Classes 2.1, 2.2, 2.3	H0
      Class 3	H3
      Class 4.1	H4.1
      Class 4.2	H4.2
      Class 4.3	H4.3
      Class 5.1	H5.1
      Class 5.2	H5.2
      Class 6.1	H6.1 or H10
      Class 6.2	H6.2
      Class 8	H8
      Class 9	H11, H12, or H13

   6. Indicate the one activity that generates most of the hazardous waste or recyclable material from the list in Table 7. Mark your selection as "A" plus the code number.
      
      
   7. Select the appropriate "Y" code(s) from Table 8. While this code sometimes duplicates the "L", "P", "S", "G", and "C" codes, it is required to meet international reporting obligations. If none of the "Y" codes apply, mark "Y0".
      
      
2. For exports from, imports to, or transits through a country that is not Party to the OECD Decision C(2001) 107/Final, the applicable code set out in Table 9 (from Annex VIII of the Basel Convention)
   
   
3. For exports to, imports from, or transits through a country that is Party to the OECD Decision C(2001) 107/Final, the applicable code set out in Table 10 (from Part II of Appendix 4 of the Decision) ⁶
   
   
4. The Customs Code (tariff item and statistical suffix) set out in Customs Tariff Departmental Consolidation, published by the Canada Border Services Agency (CBSA)⁷
   
   Under the Canadian Harmonized System, the first six digits of the Customs Code are based on the World Customs Organization's Harmonized Commodity Description and Coding System. The seventh and eighth digits are for Canadian trade purposes, and the ninth and tenth are the statistical suffix. This code is also a requirement for reporting purposes under the CBSA and Statistics Canada.
   
   
5. The applicable identification number or hazardous constituent code set out in column 1 of Schedule 3, 4, 6, or 7 (e.g. HAZ 1, T1, L1, P001, U001) of the EIHWHRMR
   
   
6. The UN number, hazard class, and packing or risk group (as applicable) as set out in Schedule 1 of the TDGR
   
   
7. The total quantity in kilograms or litres of each hazardous waste or hazardous recyclable material proposed for export, import, or transit
   
   
8. The applicable "D" or "R" code from Table 2 or 3, as well as the name and description of the process to be employed for every applicable operation associated with that entry
   
   
9. For exports for final disposal, a note in writing explaining the options considered for reducing or phasing out the export, and the reason the final disposal is taking place outside Canada
   
   
10. The name, quantity, and concentration of any persistent organic pollutant (POP) set out in Schedule 10 of the EIHWHRMR that is contained in the hazardous waste and hazardous recyclable material

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Part 5 - Classification Examples

Example 1: Spent sulphuric acid for import from an OECD member country, destined for recycling

Under section 8(j) and (k) of the EIHWHRMR
(i) IWIC: Q7//R06//L40//C23//H8.0//A162//Y34
(ii) Basel Code: N/A
(iii) OECD Code: A4090
(iv) Commodity Code: HS 2807.00.10
(v) ID Number: N/A
(vi) TDGR Information: UN1832, Class 8, PG II
(vii) 1 000 000L
(viii) R or D Code: R06 - Regeneration of acids or bases
(ix) Options considered: Not required
8(k) POPs: N/A

Example 2: Contaminated soil (consisting mainly of arsenic and mercury) for import from an non-OECD member country, destined for disposal

Under section 8(j) and (k) of the EIHWHRMR
(i) IWIC: Q15//D9//S41//C8+C16//H13//A200 //Y24
(ii) Basel Code: A1030
(iii) OECD Code: N/A
(iv) Commodity Code: 2620.60.00
(v) ID Number: L4
(vi) TDGR Information: UN3077, Class 9, PG III
(vii) 850 000kg
(viii) D Code: D9 - Physical or chemical treatment not otherwise referred to in this schedule, such as calcinations, neutralization, or precipitation
(ix) Option considered: Not required
8(k) POPs: N/A

Example 3: Spent lead-acid batteries for export to an OECD member country, destined for recycling

Under section 8(j) and (k) of the EIHWHRMR
(i) IWIC: Q6+7//R13/S38//C18//H8/A842 //Y31
(ii) Basel Code: N/A
(iii) OECD Code: A1160
(iv) Commodity Code: 8548.10.90.10
(v) ID Number: N/A
(vi) TDGR Information: UN2794, Class 8, PG III
(vii) 10 000kg
(viii) R Code: R13 - Accumulation prior to recycling by any operations R1 to R10 or R14 (note that if the "D" or "R" code is an interim operation, the final disposal or recycling operation must also be indicated and linked to the authorized facilities that will perform them); R4 - Recovery of metals or metal compounds
(ix) Option considered: Not required
8(k) POPs: N/A

Example 4: Non-halogenated waste organic solvent containing cyanide for import from non-OECD country, destined for disposal

Under section 8(j) and (k) of the EIHWHRMR
(i) IWIC: Q07//D09/L06//C38+42//H3+6.1/A871 //Y38
(ii) Basel Code: A3140
(iii) OECD Code: N/A
(iv) Commodity Code: 3825.49.00.00
(v) ID Number: HAZ4
(vi) TDGR Information: UN1992, Class 3, PG II
(vii) 10 000kg
(viii) D Code: D09 - Physical or chemical treatment not otherwise referred to in this schedule, such as calcinations, neutralization, or precipitation
(ix) Option considered: Not required
8(k) POPs: N/A

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Part 6 - Additional Sources of Information

Environment Canada, Transboundary Movement Branch:
http://www.ec.gc.ca/tmb/

Transport Canada:
http://www.tc.gc.ca/tdg/clear/menu.htm

Basel Convention:
http://www.basel.int/text/con-e.htm

Organisation for Economic Co-operation and Development:
http://www.olis.oecd.org/OLIS/2001DOC.NSF/0/ c80a07012e692efbc1256bc00055db6b/$FILE/JT00160032.PDF

Canada Border Services Agency:
http://www.cbsa-asfc.gc.ca/general/publications/tariff2005/table-e.html#table

Harmonized System Codes:
http://strategis.ic.gc.ca/cgi-bin/sc_mrkti/cid/cid_e.cgi

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Table 1: Reasons Why Wastes or Materials Are Intended for Disposal/Recycling

Table 2: Disposal Operations for Hazardous Waste (Schedule 1 of EIHWHRMR)

Table 3: Recycling Operations for Hazardous Recyclable Material (Schedule 2 of EIHWHRMR)

Table 4: Generic Types of Potentially Hazardous Wastes⁸

1. Clinical wastes from medical care in hospitals, medical centres, and clinics
2. Wastes from the production and preparation of pharmaceutical products
3. Waste pharmaceuticals, drugs, and medicines
4. Wastes from the production, formulation, and use of biocides and phytopharmaceuticals
5. Wastes from the manufacture, formulation, and use of wood-preserving chemicals
6. Wastes from the production, formulation, and use of organic solvents
7. Wastes from heat treatment and tempering operations containing cyanides
8. Waste mineral oils unfit for their originally intended use
9. Waste oil/water, hydrocarbon/water mixtures, and emulsions
10. Waste substances and articles containing or contaminated with polychlorinated biphenyls, polychlorinated terphenyls , or polybrominated biphenyls
11. Waste tarry residues arising from refining, distillation, and any pyrolytic treatment
12. Wastes from production, formulation, and use of inks, dyes, pigments, paints, lacquers, and varnishes
13. Wastes from production, formulation, and use of resins, latex, plasticizers, and glues/adhesives
14. Waste chemical substances arising from research and development or teaching activities that are not identified or are new, and whose effects on humans or the environment are unknown
15. Wastes of an explosive nature that are not subject to other legislation
16. Wastes from production, formulation, and use of photographic chemicals and processing materials
17. Wastes resulting from surface treatment of metals and plastics
18. Residues arising from industrial waste-disposal operations

Materials containing any of the constituents listed in Table 4 and consisting of

19. Animal or vegetable soaps, fats, or waxes
20. Non-halogenated organic substances not employed as solvents
21. Inorganic substances without metals
22. Ashes or cinders
23. Soil, sand, or clay, including dredging spoils
24. Non-cyanidic tempering salts
25. Metallic dust or powder
26. Spent catalyst materials
27. Liquids or sludges containing metals
28. Residue from pollution-control operations, except numbers 29 and 30 below
29. Scrubber sludges
30. Sludges from water-purification plants and wastewater treatment plants
31. Decarbonization residue
32. Ion-exchange column residue
33. Sewage sludges
34. Wastewaters not otherwise taken into account in Table 4
35. Residue from the cleaning of tanks or equipment
36. Contaminated equipment
37. Contaminated containers whose contents included one or more of the constituents listed in Table 5
38. Batteries and other electrical cells
39. Vegetable oils
40. Materials that have been segregated from households and exhibit any of the characteristics listed in Table 6
41. Any other wastes containing any of the constituents listed in Table 5

Table 5: Constituents of Potentially Hazardous Wastes⁹

Table 6: List of Hazardous Characteristics¹⁰

Table 7: Activities That May Generate Potentially Hazardous Wastes

Agriculture - Farming Industry

A100 Agriculture, forest management
A101 Cultivation
A102 Animal husbandry
A103 Forest management and forest exploitation (lumbering)
A110 Animal and vegetable products from the food sector
A111 Meat industry, slaughterhouses, butchery
A112 Dairy industry
A113 Animal and vegetable oil and grease industry
A114 Sugar industry
A115 Others
A120 Drink industry
A121 Distillation of alcohol and spirits
A122 Brewing of beer
A123 Manufacture of other drinks
A130 Manufacture of animal feed

Energy

A150 Coal industry
A151 Production and preparation of coal and coalproducts
A152 Coking operations
A160 Petroleum industry
A161 Extraction of petroleum and natural gas
A162 Petroleum refining
A163 Storage of petroleum and products derived from refining of natural gas
A170 Production of electricity
A171 Central thermal facilities
A172 Central hydraulic facilities
A173 Central nuclear facilities
A174 Other central electricity facilities
A180 Production of water

Metallurgy - Mechanical and Electrical Engineering

A200 Extraction of metallic ores
A210 Ferrous metallurgy
A211 Cast iron production (coke oven)
A212 Raw steel production (pig iron)
A213 Primary steel transformation (rolling mills)
A220 Non-ferrous metallurgy
A221 Production of alumina
A222 Aluminium metallurgy
A223 Metallurgy of lead and zinc
A224 Metallurgy of precious metals
A225 Metallurgy of other non-ferrous metals
A226 Ferro-alloy industry
A227 Manufacture of electrodes
A230 Foundry and metalworking operations
A231 Ferrous metal foundries
A232 Non-ferrous metal foundries
A233 Metalworking (not including machining)
A240 Mechanical, electrical and electronic construction
A241 Machining
A242 Thermal treatment
A243 Surface treatment
A244 Application of paint
A245 Assembly, wiring
A246 Production of batteries and dry cells
A247 Production of electrical wires and cables (cladding, plating, insulation).
A248 Production of electronic components

Non-Metallic Minerals - Construction Materials -Ceramics - Glass

A260 Mining and quarrying of non-metallic minerals
A270 Construction materials, ceramics, glass
A271 Production of lime, cement and plaster
A272 Fabrication of ceramic products
A273 Fabrication of products containing asbestos cement
A274 Production of other construction materials
A275 Glass industry
A280 Building, building sites, landscaping

Primary Chemical Industry

A300 Production of primary chemicals and chemical feedstocks
A301 Chlorine industry
A351 Fertilizer fabrication
A401 Other manufacturing generators of primary inorganic industrial chemicals
A451 Petroleum and coal industry
A501 Manufacture of basic plastic materials
A551 Other primary organic chemical manufacture
A601 Chemical treatment of fats; fabrication of basic substances for detergents
A651 Fabrication of pharmaceuticals, pesticides, biocides, weed killers
A669 Other manufacture of finished chemicals

Industries Producing Products Based upon Primary Chemicals

A700 Production of inks, varnish, paints, glues
A701 Production of ink
A702 Production of paint
A703 Production of varnish
A704 Production of glue
A710 Fabrication of photographic products
A711 Production of photosensitive plates
A712 Fabrication of products for photographic treatments
A720 Perfume industry and fabrication of soap and detergent products
A721 Fabrication of soap products
A722 Fabrication of detergent products
A723 Fabrication of perfume products
A730 Finished rubber and plastic materials
A731 Rubber industry
A732 Finished plastic materials
A740 Fabrication of products based upon asbestos
A750 Production of powders and explosives

Textiles and Leathers - Various Wood Based and Furniture Industries

A760 Textile and clothing industry
A761 Combing and carding of textile fibres
A762 Threading, spinning, weaving
A763 Bleaching, dyeing, printing
A764 Clothing manufacture
A770 Leather and hide industry
A771 Tanneries, tanning
A772 Fur trade
A773 Manufacture of shoes and other leather products
A780 Wood and furniture industry
A781 Sawmills, production of wood panels
A782 Manufacture of wood and furniture products
A790 Various related industries

Paper - Cardboard - Printing

A800 Paper and cardboard industry
A801 Fabrication of paper pulp
A802 Manufacture of paper and cardboard
A803 Finished goods of paper and cardboard
A810 Printing, publishing, photographic laboratories
A811 Printing, publishing
A812 Photographic laboratories

Commercial Services

A820 Laundries, bleaching services, dyers
A830 Business enterprise
A840 Transport, automobile dealers and repair facilities
A841 Automobile dealers and automobile repair facilities
A842 Transportation
A850 Hotels, cafés, restaurants

General Services

A860 Health
A861 Health (Hospitals, medical centres, nursing homes, laboratories)
A870 Research
A871 Research (including research laboratories)
A880 Administrative activities, offices

Households

A890 Households

Pollution Control - Waste Disposal

A900 Cleaning and maintenance of public areas
A910 Urban water treatment facilities
A920 Urban waste treatment
A930 Treatment of industrial effluents and wastes
A931 Incineration
A932 Physico-chemical treatment
A933 Biological treatment
A934 Solidification of wastes
A935 Collection and/or pre-treatment of wastes
A936 Landbased disposal above, on or below the surface

Regeneration - Recovery

A940 Regeneration activities
A941 Regeneration of oils
A942 Regeneration of solvents
A943 Regeneration of ion exchange resins
A950 Recovery activities

Table 8: Core List of Waste Streams to Be Controlled from C(94)152/FINAL
(revised May 1994)

Table 9: Annex VIII of the Basel Convention

Table 10. Appendix 4 of OECD Decision C(2001)107/Final¹¹

The following wastes will also be subject to the Amber control procedure:

¹  The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which entered into force on May 5, 1992 (http://www.basel.int/text/con_e.htm)

²  Decision C(2001) 107/Final of the OECD, "Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations", May 21, 2001 (http://www.olis.oecd.org/OLIS/2001DOC.NSF/0/ c80a07012e692efbc1256bc00055db6b?OpenDocument)

³  A searchable database for Schedule 1 of the TDGR is found at http://www.tc.gc.ca/tdg/clear/schedule1form.asp

⁴  UN Recommendations on the Transport of Dangerous Goods, 11th Edition, 1999. 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 60.5 °C using the closed-cup test)

⁵  A list of OECD countries can be found at
http://www.oecd.org/document/58/ 0,2340,en_2649_201185_1889402_1_1_1_1,00.html

⁶  All hazardous wastes for disposal and all hazardous recyclable materials for recycling to non-OECD countries require a Basel Code; all hazardous recyclable materials for recycling within the OECD require an OECD code.

⁷  Custom codes are available through a customs broker, as well as on the CBSA Web site at
http://www.cbsa-asfc.gc.ca/general/
publications/tariff2005/tablewithamendments-e.html

⁸  These may be "L" for liquid, "P" for sludge, "S" for solid, or "G" for gas.

⁹  Where applicable, correspondence with Table Y is indicated in brackets after the constituent.

¹⁰  Code numbers correspond to the hazard class numbering system in the United Nations Recommendations on the Transport of Dangerous Goods (Orange Book) for H3 through H9; omissions of H2, H7, and H9 are deliberate.

¹¹  This appendix also incorporates Appendix VIII of the Basel Convention.