Consultation outcome

Proposals to update standard rules permit 2008 No 9 storage of asbestos waste: summary of consultation responses

Updated 21 July 2026

1. Introduction

The Environmental Permitting (England and Wales) Regulations 2016 allow us to make standard rules to reduce the administrative burden on business while maintaining environmental standards. This document provides a summary of the responses to an external consultation that proposed a revision to the standard rules permit for asbestos waste transfer stations.

2. How we ran the consultation

We ran the consultation for 12 weeks from 29 September 2025 to 22 December 2025.

The consultation was available on GOV.UK and our consultation website, Citizen Space. We provided details of the consultation to the trade associations including the ESA and to existing operators of standard rules permit SR2008 No 9: storage of asbestos waste.

We received 16 responses in total, of which:

• 6 were from individuals
• 10 were responding on behalf of an organisation or group

3. Summary of key findings and actions we will take

The responses to the consultation were largely positive with some respondents requiring further clarifications on specific issues which have been addressed in the final version of the updated standard rules. There were 4 main questions for respondents to provide comments on as part of the consultation.

Q1: Do you agree with the proposed measures?

We are proposing to add more control measures within the standard rule for the storage of asbestos waste to manage the risks. These restrictions which are included in the Chemical waste: appropriate measures for permitted facilities guidance are:

• asbestos waste can only be stored on site for up to 6 months
• asbestos shall not be transferred between different bulk containers
• asbestos shall not be stored loose or in bays
• bulk containers shall not be stacked
• mechanical equipment, for example loading shovels, chutes and conveyors shall not be used to move asbestos waste

The majority (13) of respondents agreed with the additional measures being included. There were 3 responses that queried some of the definitions within the condition. For example:

• would bulk containers include vans and RORO containers
• what would be an acceptable way to transfer asbestos waste between for example vans to containers

These have been addressed in the updated rules set.

Q2: Do you agree with the addition of the following condition? 

We have added a new condition (3.1.1) about point source emissions to water, air or land. This text was previously part of the introductory note and not an actual condition.

3.1.1 There shall be no point source emissions to water, air or land except:

• liquids may be discharged into a sewer subject to a consent issued by the local sewerage undertaker
• liquids may be taken off-site in a tanker for disposal or recovery
• clean (uncontaminated) surface water from roofs, or from areas of the site that are not being used in connection with storing or handling waste, may be discharged directly to surface waters, or to groundwater by seepage through the soil via a soakaway
• clean surface water from the waste storage area may only be discharged directly to surface waters, or to groundwater by seepage through the soil via a soakaway must first be passed through a filter capable of removing asbestos fibres

The majority (13) of respondents agreed with the inclusion of the additional condition. Three responses disagreed with the proposed condition. Two of these related to concern that it would prevent the discharge of clean waste to surface waters, and one response related to concern that there would be a risk from fibres discharged to public sewers. In relation to the last point in the response, we can confirm that the measures set out in this standard rule permit should ensure that the risk from fibres discharged to public sewers are negligible.

To address the first 2 responses we have updated the condition as follows:

3.1.1 There shall be no point source emissions to water, air or land except:

• surface water drainage may be discharged into a sewer subject to a consent issued by the local sewerage undertaker
• liquids may be taken off-site in a tanker for disposal or recovery
• clean (uncontaminated) surface water from roofs, or from areas of the site that are not being used in connection with storing or handling waste, may be discharged directly to surface waters, or to groundwater by seepage through the soil via a soakaway
• clean surface water from the waste storage area may only be discharged directly to surface waters, or to groundwater by seepage through the soil via a soakaway
• surface water that has come into contact with asbestos waste must first be passed through a filter capable of removing asbestos fibres before being discharged directly to surface waters, or to groundwater by seepage through the soil via a soakaway

Q3: Do you agree that the risks associated with the activity are identified by the revised generic risk assessment?

There were 2 responses to this part of the question. One related to an operator having generated their own risk assessment, which is positive, but to benefit from the standard rules permit, operators would also need to sign up to the generic risk assessment. The second point related to the infiltration of asbestos fibers into the groundwater during flooding events which could potentially compromise drinking water supplies. To mitigate this occurrence, all asbestos waste brought to site under this standard rules permit should be securely bagged or wrapped, stored in lockable bulk containers and never loose in bays thus reducing the risk of surface runoff being contaminated by asbestos fibres.

Q4: Are there any potential economic impacts, either positive or negative, that the revision of the standard rules could have on your business?

There were 6 responses to this part of the question, most of them were reiterating uncertainties already raised for example:

• definition of bulk containers

• whether operators would have to stop collecting asbestos in vans

• clarification on discharge to surface water

A further comment related the changes impacting soil treatment facilities, however, this is a standard rule set specifically for asbestos waste transfer stations so there should be no impact on soil treatment facilities.

4. Next steps

Following the consultation, the responses have all been considered and the standard rules set has been updated to add clarity to address many of the relevant concerns.

If you want to discuss your consultation response or the points made within this document, you can contact us at wastetreatment@environment-agency.gov.uk.

The expectation is that the updated rules set will be published in July 2026.