ESA calls for expanded ban on nitrous oxide cylinders

The association described the cylinders as “ticking time bombs” and warned that it is just a matter of time before someone is seriously injured or killed.

In recent years, the UK has seen a surge in the misuse of larger “intermediate-sized” nitrous oxide (N2O) cylinders and significant growth in the number of them discarded carelessly with other waste and recycling.

Nitrous oxide were reclassified as a Class C drug, with a ban on sales to the general public coming into effect in November 2023.

However, the ban seems to have driven up consumption of the larger version of the canisters.

The pressurised cylinders represent a risk in waste streams as they explode if damaged or exposed to heat – putting lives and infrastructure at risk.

Chair of the ESA and Executive Vice President of SUEZ UK, John Scanlon, said: “Pressurised nitrous oxide cylinders hidden in the nation’s waste are ticking time bombs that are damaging infrastructure, disrupting essential services and creating potentially hazardous working conditions for frontline workers. The supply needs to be cut off at source.

“These items have no legitimate use yet continue to be sold to retail customers online with no meaningful checks that they will not be abused.

“Our industry is doing its part to engineer solutions and reduce the risk, and we have invested tens of millions of pounds to protect our people over the last few years, but the sheer numbers of nitrous oxide cylinders arriving each day mean that some inevitably get through and wreak havoc against vital infrastructure.

“The only sensible solution is to address the root of the problem by urgently banning retail sales of these cylinders in the UK, as they have done in the EU.”

Impact on Energy from Waste facilities

The canisters have a particularly significant impact on Energy from Waste (EfW) facilities.

Data provided by EfW operators shows that individual EfW plants can now suffer up to six significant nitrous oxide cylinder explosions every day.

As well as placing workers at risk of injury, there have been cases of the resulting damage exceeding £2 million from a single incident.

ESA calls for ban on ‘intermediate-sized’ nitrous oxide cylinders

The ESA has called on the government to follow the lead of the European Union (EU) by introducing a ban on the sale of intermediate-sized nitrous oxide cylinders on the UK retail market.

The call has been supported by:

• Chartered Institution of Wastes Management (CIWM)
• National Association of Waste Disposal Officers (NAWDO)
• The Association of Directors of Environment, Economy, Planning & Transport (ADEPT)

In a letter to the Home Secretary, Shabana Mahmood, the organisations have urged the government to:

• Launch an immediate consultation on restricting the general sale and supply of intermediate-sized nitrous oxide cylinders with a clear presumption in favour of a ban.
• Amend Schedule 5 of the Misuse of Drugs Regulations 2001 so that cylinder capacity forms part of the definition of legitimate use.
• Establish a timetable for the restriction to take effect as soon as possible relative to the corresponding EU measure being introduced next year.
• Intensify enforcement against retailers and importers supplying these products without evidence of a legitimate purpose.

Dan Cooke, Director of Policy, Communications and External Affairs at CIWM, said: “The evidence of the damage to infrastructure and the risk to recycling and waste professionals’ safety from nitrous oxide cylinders in the waste stream is clear, as is the case for Government to act.

“There’s a simple solution: Ban them for all but legitimate and specialist use. Protect our workers and our vital infrastructure.”