B30 – Environment

C70A – Pollutants
S20E – Waste
S50E – measures to promote the environment

Rules of the State Secretary for Infrastructure and Water Management, of [date], N° IENW/BSK--, amending the European waste list regulation and the Environmental management activity

scheme to classify tar-containing asphalt as hazardous waste

This regulation provides that asphalt, which has been released as waste and contains coal tar (“tar”) in such a quantity that the substance group of 10 polycyclic aromatic hydrocarbons (PAH10) has a content above 75 mg/kg, is considered ‘hazardous waste’ (amendment of the European Waste List and Environmental Management Activity Scheme). This scheme is an application of Article 1.1, paragraph 13 of the Environmental Management Law, which implements the Article 7, second paragraph, of the Directive 2008/98/EC, which establishes that a waste substance has the properties which require it to be classified as hazardous waste under Annex III to Directive 2008/98/EC, even if that waste is not included as hazardous waste in the European Waste List (Commission Decision 2000/532/EC). PAK10 is carcinogenic and in the Netherlands it is already prohibited to apply above the limit value in building materials (so asphalt must first be cleaned thermally for recycling). This regulation does not distinguish between tar-containing asphalt originating in the Netherlands or another country (EU Member State or non-EU). The regulation has no effect on the possibility of offering released asphalt with a PAK10 content higher than 75 mg/kg on the Dutch market. With and without this arrangement, the application of this material in the Netherlands is only possible after thermal processing, which destroys the tar (to the extent the content exceeds norms). Therefore, a provision of mutual recognition within the meaning of the Regulation (EU) 2019/515 is not addressed.