Exceeding Waste Storage Limits at Permitted Sites: Overview of RPS 352

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Introduction 

The Environment Agency has issued Regulatory Position Statement (RPS) 352, which addresses circumstances where operators may temporarily exceed waste storage limits at permitted sites in England. While this RPS does not alter the legal obligation to comply with environmental permits, it outlines specific conditions under which the Agency will generally refrain from enforcement action.  

Scope of RPS 352 

RPS 352 applies to the temporary storage of the following waste types in quantities exceeding those specified in an operator’s permit: 

  • Baled and securely wrapped refuse derived fuel (RDF) (EWC code 19 12 10) 
  • Mixed municipal waste (EWC code 20 03 01) 
  • Waste wood intended for incineration (EWC codes 19 12 07 and 20 01 38) 

This RPS is only applicable if the Environment Agency has provided written agreement and the operator’s activities and circumstances align with those described in the statement. 

Applicable Circumstances 

The RPS is intended for situations where there is exceptional pressure on waste storage capacity and no reasonable alternative storage options are available. Examples include: 

  • Unplanned downtime at destination energy-from-waste or biomass plants 
  • Unexpected waste accumulation, such as that caused by waste collection strikes 

Conditions for Compliance 

Operators must adhere to the following requirements to benefit from the RPS: 

  • Obtain written agreement from the Environment Agency before exceeding storage limits. 
  • Provide evidence that the destination facility is non-operational and that alternative disposal or recovery options have been sought. 
  • Store waste wood in its largest form prior to shredding. 
  • Store baled and wrapped RDF and waste wood on impermeable surfaces with sealed drainage within the permitted site boundary. 
  • Store mixed municipal waste and loose RDF only in enclosed buildings or sealed containers, also on impermeable surfaces with sealed drainage. 
  • Secure all waste to prevent escape and public access. 
  • Apply the ‘first in, first out’ principle to ensure the oldest waste is removed first. 
  • Conduct daily checks for odour, pests, dust, and litter. 
  • Inspect RDF bales daily for damage and repair as soon as practicable. 
  • Comply with any additional site-specific or fire prevention requirements imposed by the Agency. 
  • Notify the Environment Agency using the details in the section ‘Notify the Environment Agency’ 
  • Have the Environment Agency’s agreement in writing before you use this RPS 
  • Maintain records for two years from the last use of the RPS, demonstrating compliance, and make these available to the Agency upon request. 

Operators must not: 

  • Exceed storage limits or store different types of waste without written permission. 
  • Store waste for longer than the period agreed in writing. 
  • operate above the permitted waste storage limits and under the RPS without having received written permission from the Environment Agency 

Notification Procedure 

Operators must notify the Environment Agency by emailing wastetreatment@environment-agency.gov.uk with ‘RPS 352’ in the subject line. The notification must include: 

  • Operator name and permit number 
  • Site name and address 
  • Type and quantity of waste to be stored above permit limits 
  • Storage location and method within the site 
  • Expected duration of excess storage 
  • Control measures for fire, odour, dust, and pests 
  • Explanation of the circumstances necessitating use of the RPS and why contingency plans have not sufficed 

Additional Considerations 

Operators are expected to have contingency plans for foreseeable events, including both planned and unplanned outages at destination sites. The RPS is intended for use only when such plans are insufficient. 

Review and Updates 

The Environment Agency will review RPS 352 by 30 September 2025 and may amend or withdraw it at any time. Operators should regularly check for updates to ensure ongoing compliance. 

Non-Compliance 

If an operator can no longer comply with the RPS, they must immediately cease the relevant activity and notify the Environment Agency. 

Perspective from the waste wood market 

In a recent Press Release on the Wood Recycler’s Association (“WRA”) website, the WRA shares that it is working with the Environment Agency to address a number of concerns over the RPS in its current form to ensure it is not overly restrictive, such as: 

  • the RPS currently only applies to ‘waste wood destined for incineration’, in addition to refuse derived fuel and municipal solid waste. The WRA have highlighted the need for the RPS to also apply to wood stored that is intended for panel board production.  
  • the RPS’s restrictions on the time allowed for extra storage do not consider how long biomass plants stop taking material during shutdowns. 
  • In addition, sites must show that their destination plants have ceased operating, which is not necessarily the case as many have just severely reduced their inbound tonnages. 

Considering the above concerns of the WRA, we urge operators to subscribe to email updates about this RPS via GOV.UK, so they are notified of any changes to the RPS.