Ministry of Environmental Protection interprets the new edition of the National List of Hazardous Wastes

The Ministry of Environmental Protection of the United States has recently revised and published the “National Hazardous Waste List” (2016 version) by the National Development and Reform Commission and the Ministry of Public Security, which will take effect on August 1, 2016. In order to fully understand the main contents of the “List” revision, the key points, difficulties in the implementation process, and their countermeasures, the reporter interviewed the relevant person in charge of the Ministry of Environmental Protection and explained the “List” in detail.

Q: What are the main contents of this "list" revision?

Answer: (1) Revised the foreword. Compared with the 2008 edition of the “List”, the main adjustments in the foreword of this revision include: First, the contents of medical waste management have been clarified. The second is to revise the mixture of hazardous wastes and other solid wastes, as well as the identification of wastes after the disposal of hazardous wastes. The third is to add the management of exempted hazardous wastes and how to classify hazardous wastes when they are identified as hazardous wastes.

(2) Adjust the list of waste types. The 2008 edition of the “List” has a total of 49 categories of 400 hazardous wastes. This revision will adjust the hazardous waste to 46 major categories and 479 (362 from the original list, 117 new). Among them, the HW06 organic solvent waste, HW41 waste halogenated organic solvent and HW42 waste organic solvent in the original list were merged into HW06 waste organic solvent and organic solvent waste, and the original list contained HW43 polychlorinated benzofuran wastes and their original list. HW44 contains polychlorinated benzo-dioxin wastes, which adds waste HW50 catalysts.

(3) Add "Hazardous Waste Exemption Management List". Hazardous waste exemption management can reduce the overall environmental risk in the process of hazardous waste management and improve the efficiency of hazardous waste environmental management. This revision adds a “Hazardous Waste Exemption Management List” based on the summarization of the existing standards and the research on the environmental risk of specific hazardous wastes. There are 16 categories/categories of wastes listed on the exemption management list. In the listed exemptions, And when the corresponding exemption conditions are met, the exemption management can be implemented according to the exemption content.

(4) Cancel the “*” mark of the 2008 edition of the “List”. In the 2008 edition of the “List”, there are complex sources and the possibility of exceptions in its hazardous characteristics. The hazardous waste that the country has a definite identification standard is marked with “*”, and the listed producers of such hazardous waste do have sufficient evidence. If the waste generated does not have hazardous characteristics, the specific waste may not be managed according to the hazardous waste. There are 33 such hazardous wastes. This practice has resulted in large differences in the management requirements for some solid wastes in different regions, and it is related to the “Solid Waste Pollution Prevention and Control Law” (hereinafter referred to as the “Solid Law”). “Hazardous wastes are included in the National Hazardous Wastes List or According to the provisions of the national hazardous waste identification standards and identification methods identified hazardous characteristics of solid waste "relevant regulations.

(5) Catalogue of Hazardous Chemicals The "Hazardous Chemicals Catalogue" is used. Appendix A of the 2008 edition of the “List” lists a total of 498 kinds of priority hazardous hazardous chemicals, including only toxic chemicals, and does not include chemicals with other hazardous characteristics. In this revision, according to China's "criteria for the identification of hazardous wastes" on the provisions of hazardous characteristics, the hazardous chemicals with hazardous characteristics are all included. In view of the fact that the "Safety Chemicals Catalogue" issued by 10 departments such as the State Administration of Work Safety Supervision covers all hazardous characteristics, the "Dangerous Chemicals Catalogue" was directly adopted during this revision.

Q: What are the main principles for the revision of the “List”?

Answer: (1) Highlight the key points. This revision aims to focus on wastes that are more concentrated and have more problems in environmental management. Waste catalysts, refined distillation residues, and biopharmaceutical wastes have been selected as revision priorities. The revision process highlights the concept of risk prevention and control and establishes a revision method based on risk assessment. At the same time, based on the contradiction between limited regulatory capabilities and the nature of complex wastes, the “Hazardous Waste Exemption Management List” has been formulated to exempt the management of some hazardous wastes from environmental risk management and improve the classification and management system of hazardous wastes.

(2) Dynamics. China has a large variety of hazardous wastes, is complex in nature, and undergoes frequent changes. It is unrealistic to expect revisions to solve all problems at once, and the principle of dynamic revision should be adhered to while maintaining the basic system of the “List”. This amendment is based on the limited target revision of the existing research results. It mainly incorporates environmental public welfare projects, identification cases, and related work bases in recent years. It has revised some of the wastes that have clear production characteristics and hazardous characteristics. With the continuous strengthening of basic work and continuous accumulation of identification work, it will dynamically revise, supplement and improve the “List” according to specific conditions.

(3) Practicality. The purpose of the List is to serve environmental management. The identification of hazardous waste is more professional and has a shorter time of development. There is a relative lack of professional knowledge of hazardous waste management personnel in China, especially grass-roots management personnel. Therefore, the revision of the "List" must be considered scientific and reasonable, but also easy to operate. This revision has refined refined distillation residues and spent catalyst wastes and improved operability.

(4) Continuity. The 2008 edition of the “List” has been implemented for eight years. To avoid any adverse impact on the work caused by excessive changes, the source of this revision is still the main basis for the classification of hazardous wastes. The waste classification is basically consistent with the 2008 edition of the “List”, and some of the categories that can be merged are combined, such as the consolidation of organic solvent wastes, waste halogenated organic solvents, and waste organic solvent wastes into one.

Question: This revision of the "List" reflects what new ideas for hazardous waste management in the country?

A: This revision insists on problem orientation and aims to achieve fine management of hazardous waste. The types and nature of hazardous wastes vary greatly, and the pollution characteristics vary greatly. It is difficult to achieve effective pollution control using a single management method. Hazardous waste management should be based on the principle of environmental risk control, using the whole process control and classification management methods to prevent and inhibit its harm to the environment and human health. The "List" revised the "hazardous waste exemption management list", will also be the focus of the follow-up "list" revision, and gradually promote the refinement of hazardous waste management.

Q: Are the wastes included in the Hazardous Waste Exemption Management List not classified as hazardous waste? What is the process for determining whether a waste is eligible for exemption management?

A: The “Hazardous Waste Exemption Management List” exempts only part of the management requirements for specific sections of hazardous waste and does not exempt the hazardous waste properties.

The process of determining whether a waste is in compliance with exemption management is: (1) determining that the waste belongs to the hazardous waste listed in the Exempted Management List of Hazardous Wastes (checked waste category/code and name); (2) determining the waste exemption Whether it is consistent with the “Hazardous Waste Exemption Management List”; (3) Check whether the exemption conditions listed in the “Hazardous Waste Exemption Management List” are met.

Q: What is the specific meaning of the exemption in the appendix “Hazardous Waste Exemption Management List”?

Answer: The hazardous wastes listed in the “Hazardous Waste Exemption Management List” may be exempted from management in accordance with the exemptions when they are listed in the exemption section and the corresponding exemption conditions are met. Under the precondition of meeting the above conditions, the meaning of "exemption content" is as follows:

"The entire process is not managed according to hazardous wastes": The whole process (all management links) is exempted, and there is no need to implement the relevant regulations for environmental management of hazardous wastes;

“The collection process is not managed according to hazardous wastes”: The collection company does not need to hold a hazardous waste collection operation license or a comprehensive license for hazardous waste;

"The use process is not managed according to hazardous wastes": the use of enterprises does not require holding a comprehensive operating permit for hazardous waste;

"The landfill process is not managed according to hazardous wastes": Landfill companies do not need to hold a comprehensive operating permit for hazardous waste;

"Cement kiln co-disposal process is not managed according to hazardous wastes": Cement companies do not need to hold a comprehensive license for hazardous wastes;

"Do not transport according to hazardous wastes": Transport vehicles may not use dangerous goods transport vehicles;

"The transfer process is not managed according to hazardous wastes": Transport vehicles that carry out the transfer activities may not have the qualifications for the transport of dangerous goods; the transfer of hazardous wastes may not be performed during the transfer process, but the transfer activities need to be filed after the incident.

Q: How do the hazardous wastes listed in the Exemption Management List of Hazardous Wastes link before and after the exemption link, so as to ensure that the follow-up link is still managed according to the hazardous waste?

A: The “Hazardous Waste Exemption Management List” only exempts some of the hazardous waste management requirements at certain stages. Before and after the exemption link, it should still be managed according to the hazardous waste; and in the exemption, the exemption can only be limited to To meet the listed contents under the listed conditions, the management of other hazardous wastes or such hazardous wastes that do not meet the exemption conditions still needs to implement the requirements for hazardous waste management. For example, the domestic waste incineration fly ash meets the requirements of Article 6.3 of the “Household Waste Landfill Pollution Control Standards” (GB16889-2008) and enters the domestic garbage landfill. The landfill process may not be managed according to the hazardous waste; if it cannot meet the requirements, If the requirements in Article 6.3 of the Pollution Control Standard for Domestic Waste Landfills (GB16889-2008) do not enter the domestic waste landfill, the disposal process still needs to be managed according to the hazardous waste.

Question: The judgment of the properties of the mixture of hazardous wastes and other solid wastes as well as the wastes after the treatment of hazardous wastes shall be carried out in accordance with the national standards for identification of hazardous wastes. How should this be understood?

Answer: The attribute of hazardous wastes mixed with other solid wastes should be judged according to Article 5 of “General Rules for the Identification of Hazardous Wastes” (GB5085.7-2007) “Determination Rules for the Mixing of Hazardous Wastes”, with toxicity (including leaching toxicity). , Hazardous and Other Toxic, and One or More Hazardous Waste Hazardous Wastes are mixed with other solid wastes, and the mixed wastes are hazardous wastes. Only hazardous wastes that are corrosive, flammable, or reactive are mixed with other solid wastes. The mixed wastes identified by GB 5085.1, GB 5085.4, and GB 5085.5 no longer have hazardous characteristics and are not classified as hazardous wastes. Hazardous wastes are mixed with radioactive wastes, and mixed wastes should be managed according to radioactive wastes.

The determination of the attributes of hazardous waste after treatment shall be determined according to Article 6 of the “General Principles for the Identification of Hazardous Wastes” (GB5085.7-2007) “Rules for Determining Hazardous Wastes after Treatment”, with toxicity (including leaching toxicity, acute toxicity and other toxicity. The wastes treated with hazardous wastes of one or more hazardous characteristics such as infectivity are still hazardous wastes, unless otherwise specified by relevant national laws and regulations (such as chromium slag). After the treatment of hazardous wastes that are only corrosive, flammable, or reactive, they are no longer classified as hazardous wastes after they have been identified as having no hazardous characteristics by GB 5085.1, GB 5085.4, and GB 5085.5.

Q: There are many descriptions in the list that are similar to “Excluding XXXX”. Does this mean that these XXXXs are not hazardous wastes?

A: The description of “Excluding XXXX” in the “List” is based on the current needs of environmental management, and this type of waste is specifically excluded from the “List”. However, the definition of hazardous wastes in the “Solid Method” refers to solid wastes that have been listed in the National Hazardous Waste List or identified according to national standards for hazardous waste identification and identification. Therefore, although such wastes are not listed in the “List”, they still need to be identified as hazardous wastes according to the national standards for identification and identification of hazardous wastes. Those identified as not having hazardous properties are not hazardous wastes.

Question: Why is the "list" revised to delete HW43 and HW44 hazardous wastes?

A: In the 2008 edition of the “List”, HW43 is expressed as waste containing any polychlorinated benzofuran homologs, and HW44 is expressed as waste containing any polychlorinated benzodioxin congeners, all of which belong to non-specific industries and contain persistent Waste of organic pollutants and marked with "*". According to the management requirements of the “*” waste in the 2008 edition of the “List”, wastes containing the above-mentioned two categories of persistent pollutants should be identified according to “Determination of Toxic Substances in the Identification Standard for Hazardous Waste” (GB5085.6). Therefore, HW43 and HW44 wastes cannot be directly determined according to the “List”.

The “Distinguishing Standards for the Identification of Hazardous Substances in Hazardous Wastes” (GB5085.6) contains 11 persistent organic pollutants, 39 highly toxic substances, 143 toxic substances, 63 carcinogenic substances, 7 mutagenic substances, and reproduction. 11 kinds of toxic substances. Taking into account the "Hazardous Waste List" is not convenient to add a separate waste type code to each type of toxic waste identified after the content of toxic substances, this revision will delete the two major categories of HW43, HW44 waste, no longer separately listed. After being identified, these wastes can be classified and managed according to Article 8 of the List.

Question: If hazardous wastes are identified as hazardous wastes, how should they be classified?

Answer: In Article 8 of the Catalogue, it is stipulated that for solid wastes that are not clear whether they have hazardous characteristics, they should be identified in accordance with the standards and methods for identification of hazardous wastes prescribed by the State. If a person has been identified as having hazardous characteristics and belongs to hazardous waste, he shall determine the category of waste according to his major harmful components and hazardous characteristics, and classify it according to the code “900-000-××” (×× is the hazardous waste category code). If the identified hazardous waste is mainly arsenic, the hazardous waste category code should be “900-000-24”.

Q: What should be the basis for the specific explanation and scope of "industry sources" in the "List"?

A: The industry sources in the “List” are based on the “National Economic Sector Classification” (GB/T 4754-2011). In determining the source of the waste industry, the principle in Article 3.1 of the standard should be followed, ie, the nature of the industry should be determined according to the main economic activities of the unit. When the unit engages in an economic activity, the industry of the unit is determined according to the economic activity; when the unit engages in more than two kinds of economic activities, the industry generated by the waste is determined according to the activities related to waste generation.

Q: Is electronic waste and waste wire and cable hazardous?

A: The "900-044-49" wastes are described in the 2008 edition of the "List" as "The waste electrical and electronic products and electrical and electronic equipment produced in industrial production, life and other activities are classified after being disassembled, broken, and shredded. Collected lead-acid batteries, nickel-cadmium batteries, mercury oxide batteries, mercury switches, cathode ray tubes, and polychlorinated biphenyl capacitors, etc.", due to unclear words, resulting in the "waste of electronic and electrical products, electrical and electronic equipment" is Misunderstanding of hazardous wastes, this article was amended to "discarded lead-acid batteries, nickel-cadmium batteries, mercury oxide batteries, mercury switches, phosphors and cathode ray tubes."

E-waste dismantling process may produce hazardous waste, but it is not hazardous waste itself. The structural components of wire and cable products can be generally divided into four major structural components, such as wires, insulation layers, shielding and sheathing, as well as filling elements and tensile elements. The waste wire and cable are basically unchanged in the structural elements and do not have hazardous characteristics, so waste wire and cable are not hazardous waste.

Q: How can the "List" and the "Hazardous Waste Exemption Management List" be updated?

A: With the gradual strengthening of basic research and identification of solid waste pollution characteristics in China, the Ministry of Environmental Protection intends to adopt a dynamic revision method. When the time is ripe, it can start the “List” and the appendix “Hazardous Waste Exemption Management List” at the right time. Revision work.

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