QUESTIONS & ANSWERS
Here are the answers to some questions members have recently asked.
Can asbestos waste be stored in a company van? How should a contractor check NPU flow rate on site prior to the start of works? Some licensed asbestos removal contractors (LARCs) have recently been challenged by HSE inspectors if they have not tested the NPU flow rate prior to the start of works using an anemometer or the volume flow rate gauge on the NPU (if fitted) and were solely reliant on the last DOP test cert reading and flap deflection. There is a clear ACoP requirement at para 395 ‘Before starting work in the enclosure, a thorough visual inspection and smoke test must be conducted to check the enclosure’s integrity. The filtered air extraction equipment must be tested to ensure it is achieving negative pressure and the required air change rate’. HSE has stated that airflows should be measured on site to confirm that the required volume flow is being achieved (ACOP para 395). This can be achieved by noting the airflow on direct reading equipment (and adjusting where necessary where the NPU is fitted with variable speed control) or by using an in-date calibrated anemometer (or equivalent piece of kit). NPU airflows, including digital direct reading units, will need to be independently checked during the 6-monthly test using a calibrated anemometer (or other suitable equipment) (ACOP para 326). The degree of flap deflection is affected by many factors such as door weight and overlap, opening size, differential pressure as well as volume flow rate. This is why an on-site check of NPU volume flow rate to establish the flap deflection ‘benchmark’ for each enclosure is necessary. The use of flap deflection as a visual indicator negates (once removal work has started) the need to measure the flow rate on the NPU (as this would need someone to enter the enclosure to do so) this is the reason for promoting this where the NPU is not fitted with a digital flow meter. There is guidance on measuring NPU airflow with an anemometer in Appendix 2/19 Measuring the inward Air Flow of a Negative Pressure Unit. This can be found at www.arca.org.uk/page/asbestos-networkminutes-memos-and-appendices.
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arca & atac news · summer 2022
The advice from the Environment Agency (EA) is that a carrier can leave waste on a vehicle overnight or for a few days, provided the waste is secure (locked van) and no treatment of it is carried out during this time. Waste should be moved to a site with permission to accept it as soon as possible; however, there are certain circumstances where this may not be the same day. Some common examples of this could be: the site was unexpectedly closed due to unforeseen circumstances when the carrier arrived or a carrier missed getting into a site on a Friday and the site wasn’t due to reopen until after the weekend. In these circumstances, the EA would allow the carrier to store the waste on the vehicle until the site reopened. If the carrier transports a hazardous waste on a regular basis, it would be good practice for the carrier to have a written procedure for such events. As an example, “in the event that a permitted facility is closed and the transfer can no longer be made, the vehicle containing the waste will be stored in a locked compound until such time as it can. Should the transfer station remain closed for any length of time, an alternative site will be sought.” In summary the Scottish Environment Protection Agency (SEPA) has said that it would be permittable to store waste in a vehicle (a locked vehicle would be deemed to be secure) for short periods of time if the intention is not to use this as a means of longer-term storage. It should be incidental to the collection and transport of the waste. SEPA wouldn’t generally regulate waste kept in a vehicle overnight/weekend as it would not be classed as the deposit/storage, therefore the requirements of Section 33 of the Environmental Protection Act 1990 do not come into force. However, if the vehicle containing the waste was being used as a storage receptacle on the site, where there was no intention for it to move regularly or take the waste in the vehicle to an authorised site once it opened, then this would require a Waste Management Licence as it would be deemed waste storage. As a waste carrier, they must ensure that the waste remains within their control. If it is a locked vehicle that would suffice. In general terms, when SEPA refer to secure, they use the definition provided in The Waste Management Licensing (Scotland) Regulations 2011 which defines it as ‘a container, lagoon or place is secure in relation to waste kept in it if all reasonable precautions are taken to ensure that the waste cannot escape from it and members of the public are unable to gain access to the waste’. We are still awaiting a response from Natural Resources Wales (NRW) as to their advice for carriers leaving waste leave on a vehicle overnight or for a few days.
