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Article #94: Will the UK Waste Industry Achieve Safe Compliance with the ATEX Regulations in time?

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Waste Management Operators may have done retained on site showing the locations
all they can to maintain good health and and extent of these ATEX area
safety practices in the past, and will classification zones, and each zone must
continue to do so; but how many will be be marked on site by a sign. These zones
compliant after 30th July 2006 when the will all need defining individually for
EU's ATEX Directive finally comes into each site on the basis of a risk
force? assessment. The ICoPs recommend the best
The EU Directive applies to all person to carry out these assessments
workplaces where the risk of the presence will normally be the site manager.
of an Explosible Atmosphere exists, and (Please include the ATEX sign graphic
encompasses all installations from waste here.)
transfer and processing plant (where This requirement is in addition to the
explosive dusts, and unused solvents may normal practice of writing method
create an explosive atmosphere), to any statements based upon risk assessments,
landfill - no matter how long since plus internal H&S checks, and Supervisor
closed and made over to other uses - approvals in place in companies already,
which possesses any wells (for gas or as has been the case since the
leachate monitoring or management) in introduction of various health and safety
gassing waste. legislation in the 1980s.
Although the large waste operators have A major area of concern remains in
been actively tackling the issues respect of the impact which the DSEAR
surrounding ATEX compliance at their will have on the after-use and
waste collection, transfer and processing restoration of landfill sites, and such
facilities, and on their (mostly active) matters need to be taken on-board by the
landfill sites, most landfills are planners when after-use policy is
historical and fall into the "closed" established for sites. The directive is
category. In this area there has been explicit and prescriptive in that each
very little activity to review old sites, zone area must be signed, and it is clear
assess which exhibit the potential for an that these zones extend into the general
explosive atmosphere to be present, and airspace around and above chambers,
compile the necessary risk assessment, wells, and boreholes etc. Just how this
ameliorative, training and record keeping can be squared with public access uses
actions needed for compliance. such as golfing, and even dog-walking has
Similarly, activity would seem to have yet to be resolved - yet the defined
been minimal in reviewing and risk zones apply to workplace activities and
assessing existing leachate treatment and not the public usage of the site.
methane stripping plant for compliance - Generally, the ICoPs give guidance which
so far. by its specificity will clarify the
Even within the big five UK waste interpretation DSEAR requirements and
operators active sites there are real reduce costs to an affordable level.
problems in interpreting the requirements Detailed reading of the ICoPs should do
and in achieving compliance, and much of much to allay concerns that wholesale
this arises from the inherent difficulty replacement of equipment which has given
in applying regulations which were long-term incident free service over many
originally perceived for factory and sites and for extended periods, would be
industrial workplaces, to a landfill required just to comply with the
setting. directive.
However, the industry has been actively There have however, already reportedly
working to solve the matter. For more been substantial costs to some major
than the past 12 months the waste operators in preparation for DSEAR. SITA
industry has been endeavoring to tackle themselves have been reported as finding
the various issues surrounding ATEX it necessary to spend between £50,000
compliance, as regulated under the UK's and £100,000 per flare, on changing 18
instrument known as the DSEAR (Dangerous of its landfill gas flares on sites
Substances and Explosive Atmosphere around the country to comply.
Regulations). A working group has been Such high costs are likely to be the
meeting, and is currently well advanced exception rather than the rule, and costs
in its programme to produce six Industry will be best controlled by careful
Codes of Practice to provide reading, and in-depth knowledge, of the
comprehensive guidance on the application ICoPS. Although not all ICoPs have yet
DSEAR to all waste management activities. been published, reviews can be undertaken
The first Code (ICoP1) was published in in full knowledge of the approach being
Autumn 2005, and establishes general taken by the ICoP committee. Industry
principles of compliance, provides basic participants will normally also be
calculations for establishing ATEX Area provided with final drafts of ICoPs prior
Classification ("Zones") around landfill to publication for their comments, on
wells, boreholes etc., and provides request.
examples of the most common zoning. So the message is that all Site Managers,
ICoP 2 is titled, "Area Classification Estate Managers with former landfills as
for Landfill Gas Extraction, Utilisation part of their landholding portfolios, and
& Combustion", and was published in the Waste Disposal Officers for Council's
November 2005. responsible for closed landfill should be
ICoP 3; "Area classification for leachate aware of this legislation and should be
extraction, treatment and disposal", has making it their duty to familiarise
now also recently been published, and a themselves with the ICoPs, and then carry
further ICoP on Landfill Operation is out their reviews, and all this needs to
well advanced. be done by the end of this month (June).
All these documents are approved by the By taking this approach DSEAR compliance
Health & Safety Executive, before should become both affordable, and reduce
publication, and are available for free injuries from these risks. Whether the
download on the ESA web site rate of injury directly from the risks
All operators will find that changes to covered by these regulations was ever
existing practices will be required in sufficiently high for any statistically
order to comply with the DSEAR. Previous relevant Health and Safety gain ever to
procedures for carrying out risk be seen is doubtful, but we hope we are
assessments and establishing safe working proved wrong, and that the passage of
methods will need to be re-assessed and time will reveal real benefits to the
modified to comply with the new DSEAR industries workforce. In any event, the
Zoning requirements. Specifications for implementation of these regulations will
equipment will require review and either go ahead on 1 July, so the wise will go
ATEX Certified equipment installed, or a ahead now and comply as a matter of
site specific risk assessment undertaken urgency.
to justify each plant installation is Note 1: The article refers to the "ATEX
"appropriately" certified if ATEX Directive", for brevity, however, the
Certificates are not available for DSEAR actually implements two EU
existing plant, as required under these Directives on the subject, namely: The
regulations. ATEX Product Directive, and the ATEX
All staff and operatives will in future Worker Protection Directive.
under these regulations be required to be Note 2: The term "ATEX" is derived from a
trained specifically in atmospheric shortening of the words ATmosphere and
explosion risk management in general, and EXplosible.
in the meaning of three ATEX Zones, each (Steve Last served on the committee in
of which reflect the degree of risk preparation of ICoP 3, and has commented
within one of three classified risk on others.
severity situations. Drawings must be






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