Under EU waste legislation, discarded pressurised containers of nitrous oxide should be classified and treated as hazardous waste. In addition, I am informed that nitrous oxide is subject to an ongoing opinion process under the regulations on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) which may result in restrictions prohibiting its sale above certain concentration limits to the general public.
Used Nitrous Oxide cannisters should not be placed in the residual waste bin or the recycling bin due to their hazardous nature and require a specialist hazardous waste disposal service for collection and appropriate treatment.
Under the Waste Framework Directive, since 1 January 2025, hazardous waste from households has to be collected separately. The Department is currently engaging with the local authority sector to ensure that there is an effective system in place to allow households to appropriately dispose of their hazardous waste in line with EU Waste Framework Directive requirements. Effective implementation of this measure, supported by EU Commission guidance, should contribute to reducing the presence of pressurised nitrous oxide containers in mixed municipal waste.
The Commission has stated that, if necessary, following Member State implementation of this separate collection obligation, they may consider additional measures to support the removal of nitrous oxide canisters from the mixed municipal waste stream.
Individuals and voluntary organisations should contact their local authority regarding disposal options for problematic waste materials encountered while engaged in community clean-ups or litter picks in the first instance. The Department is currently engaging with the local authority sector and other relevant stakeholders, under the auspices of the National Hazardous Waste Management Plan, to prioritise the development of a system which will assist local authorities in managing this material as a matter of urgency.