During BIR’s convention in Malaga, Spain, Aaron Goldberg, principal at US firm Beveridge & Diamond, examined how black mass (BM), a key byproduct of lithium-ion battery recycling, faces conflicting global trade definitions. The material’s classification varies by nation, despite the Basel Convention’s unified waste-transport framework.
Goldberg noted that the Basel Convention establishes a single international framework for transboundary movement of wastes, but it is interpreted and applied differently by individual countries.
He said BM is generally viewed as a waste under the Basel Convention, but there is a lack of clarity on whether it is hazardous, depending on which sections of the Convention and its annexes are being considered.
Aaron Goldberg stated that the bottom line is that black mass is probably not a controlled waste but there’s some room for debate on that, particularly from NGOs.
Goldberg explained that countries have different views on BM, with India considering it a hazardous waste, while the US and Mexico use tests that would likely classify it as non-hazardous.
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The UK and Brazil, on the other hand, use different tests that would classify BM as hazardous, while China and South Korea classify it as not being a waste if it meets certain specifications.
Goldberg argued that a country’s approach to whether BM is hazardous depends on their economic and strategic interests, with those having excess refining capacity more likely to classify it as non-hazardous.
He pointed out that the different classifications can have important implications for shipping materials, and that the origin and chemistry of BM can affect its classification.
For example, US exporters need to secure a license to export BM, but this rule only applies to BM identified with certain product codes, and the US Department of Commerce has the authority to target any materials seen as critical.