Maintenance of asbestos cement wastewater pipes: a problem case?

Asbestos-cement pipes: Which renovation methods have already been classified as low-emission and safe by the German Institut für Arbeitsschutz?

In Germany, there are always lively discussions about issues relating to hazardous substances in connection with the maintenance of underground wastewater pipes made of asbestos cement. In the following, legal aspects and their interpretation are explained and the positions of the Rohrleitungssanierungsverband are presented. Which low-emission maintenance methods are already recognised and which are still being tested?

1. Protection from asbestos: what does the legislator say?

European Union: the REACH Regulation
The European Chemicals Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) has been in force since 2007. The regulations serve to ensure the safety and protection of human health and the environment. According to the Umweltbundesamt, REACH is „one of the strictest chemicals laws in the world“.

In the Official Journal version L 396/401 of 30.12. 2006, Annex XVII (1.) on the use of asbestos states: „The placing on the market and use of these fibres and of articles to which these fibres are intentionally added shall be prohibited.“ Among other things, it is also stated under (2.): „The use of products containing asbestos fibres in accordance with paragraph 1 and which were already installed or in use before 1 January 2005 shall continue to be permitted until these products have been removed or until their useful life has expired.“

Back in summer 2022, the EU Commission announced a revision of the REACH Regulation as part of the chemicals strategy for sustainability. In this context, the Umweltbundesamt (UBA) spoke out in favour of „making the procedures faster and more efficient and strengthening precautionary environmental protection“ as part of the restriction and authorisation procedures in a Scientific Opinion Paper. The EU Commission's work programme for 2024 currently suggests that a revision of REACH is not expected before the start of the new legislative period, i.e. after the European elections.

Germany: the Gefahrstoffverordnung
The German Gefahrstoffverordnung (engl. Hazardous Substances Ordinance) regulates protective measures for employees working with hazardous substances, including asbestos. According to the current version of the Gefahrstoffverordnung, GefStoffV (Anhang II), there is a so-called prohibition on overlapping, which prohibits „overlapping, superstructure and elevation work on asbestos cement roofs and wall panelling as well as cleaning and coating work on uncoated asbestos cement roofs and wall panelling“.

Work is currently underway on an amendment which, according to the BMAS, will, among other things, „adapt the regulations on asbestos in accordance with the results of the national asbestos dialogue“.

2. Maintenance of asbestos-cement ducts: specialist lawyer Minnigerode on the current legal situation

The interpretation of the above-mentioned legal standards (REACH and Gefahrstoffverordnung) by licensing authorities has long been unclear, which has led to a severe backlog of remediation work in some federal states.

In an interview with the Rohrleitungssanierungsverband (RSV) on 6 November last year, specialist lawyer Victoria von Minnigerode takes a stand on widespread legal opinions and clears up misinterpretations.

With a view to Bayer, where it was erroneously assumed that REACH prohibits „life-prolonging measures on equipment containing asbestos“, the specialist lawyer clearly distinguishes this area of definition from another and clarifies that the standard only refers to an „end of useful life“. „The assumption that life-extending measures are legally inadmissible and therefore to be rejected across the board is simply inaccurate according to the current legal situation.“

Minnigerode also sheds light on the much-discussed ban on overcovers. This ban only applies to wall and ceiling panelling in buildings. It does not apply to the maintenance of pipework and, under certain conditions, nothing stands in the way of extending the service life – for example through pipe lining.

As far as the planned amendment to the Gerfahrstoffverordnung is concerned (the adoption of which is planned after the summer break), Minnigerode sees a need for improvement. This applies in particular to the distinction between the handling of asbestos in existing buildings on the one hand and in underground installations on the other. The draft also leaves more room for interpretation than it answers questions regarding the validity of low-emission processes for pipework in accordance with TRGS 519 on worker protection.

Sewer rehabilitation with in-situ curing pipe lining, also known as the inliner method

3. Low-emission maintenance technologies: Rohrleitungssanierungsverband committed to pragmatism and sustainability

The Hamburg-based Rohrleitungssanierungsverband e. V. (RSV) represents the interests of companies in the pipeline rehabilitation sector (wastewater, drinking water, gas and district heating). It is committed to intact pipe systems and advocates the use of rehabilitation techniques that represent a „safe, durable and sustainable solution for defective pipe systems“ among the protagonists and the public.

In a statement from June 2021, the RSV already advocated the maintenance of underground sewer pipes made of asbestos cement using established, low-emission and recognised safe renovation technologies, taking into account the REACH Regulation and occupational health and safety regulations in accordance with TRGS 519. These include the burst lining process and pipe lining.

„At the suggestion of the public client side, the Rohrleitungssanierungsverband e. V. entered into talks with representatives of the Institut für Arbeitsschutz (IFA) of the Deutsche Gesetzliche Unfallversicherung on 3 March 2021 in order to initiate the recognition of low-emission process groups for use in AZ pipes [...]“, said the RSV in its statement. „In practice, pipe lining is used throughout Europe and Germany for the renovation of AZ pipes. The process is described in detail in standards and regulations (ISO 11296-4, DWA-M 144-3, see DIN website). This enables public and private network operators to fulfil their obligations under the Water Resources Act. According to current figures from the DWA (editor's note: Deutsche Vereinigung für Wasserwirtschaft), the situation is characterised by a persistently high rehabilitation backlog [...].“

Approval procedure: current status
Under the Gefahrstoffverordnung, remediation work on asbestos building products only receives approval in exceptional cases, for example if it is a low-emission process in accordance with TRGS 519, according to a press release issued by the RSV on 26 March. A process is described as „low-emission“ if fibre exposure is measured to be below the limit values. Authorities or statutory accident insurance institutions could then recognise this.

„In addition to the bursting process, which is recognised as a BT process (editor's note: low-emission process) by the Institut für Arbeitsschutz (IFA), in-situ curing pipe lining has now also fulfilled the requirements of DGUV Information 201-012 with corresponding measurements“, says RSV Managing Director Reinhild Haacker. The IFA is about to approve the recognition procedure for hose lining.

In the meantime, the number of official approvals for hose lining projects in Bavaria, Baden-Württemberg and North Rhine-Westphalia has increased significantly, the RSV continues.

4. Outlook

Thousands of kilometres of sewage network in Germany need to be upgraded for the future. Due to the current backlog of renovation work, cities and local authorities will face a mammoth task.

In view of the available findings and practical experience regarding safe, low-emission methods for the renovation of underground asbestos cement pipes, it is to be hoped that Bavaria, Baden-Württemberg and North Rhine-Westphalia will set a precedent in terms of approval procedures - and, last but not least, that the Institut für Arbeitsschutz (IFA) will recognise pipe lining in the near future.