Consultation outcome

Waste batteries: appropriate measures for permitted facilities: summary of consultation responses

Updated 21 May 2026

Introduction

The purpose of this consultation was to engage with relevant stakeholders to get their views on proposed technical guidance, which sets out the appropriate measures for permitted facilities that store or treat separate collections of waste batteries.

The guidance aims to set out clear standards for the design and operation of such facilities and ensure that they are applied consistently across the waste sector to protect the environment.

The guidance incorporates relevant requirements from the Waste Treatment BAT Conclusions under the European Industrial Emission Directive (2010/75/EU), which apply to waste installation facilities permitted under that Directive.

Unless specifically stated, the appropriate measures will apply to all permitted waste facilities that accept waste batteries for storage or treatment, including waste installation and waste operation facilities.

The guidance will apply to new permitted facilities, or existing facilities undergoing substantial change, from the publication date. We (the Environment Agency) will implement the guidance through the environmental permit application process and will also apply it to existing facilities through permit review and variation where appropriate.

Following publication, we will review standard rules permits that include the storage or treatment of waste batteries to ensure they provide an appropriate level of environmental protection and require operators to meet relevant appropriate measures.

How we ran the consultation

We shared an early pre-consultation draft of the guidance with key stakeholders in December 2024 to gather initial comments, which helped shape the formal consultation draft.

We ran the formal online consultation on the Citizen Space website for 12 weeks, from 16 June 2025 until midnight on 8 September 2025. The consultation asked 20 questions, 19 on specific aspects of the guidance (Q1 to Q19) and one inviting any additional comments (Q.20).

In total, we received 16 responses, comprised of:

• 7 operators
• 2 trade associations, bodies and forums
• 2 local authorities
• 1 WEEE producer compliance scheme
• the National Fire Chiefs Council (NFCC)
• 1 business consultancy and service provider
• 2 from individuals and small businesses

One of the consultation responses was received outside the online system and did answer the specific consultation questions. Where possible, we have considered and included this response with the others in the summaries provided below. However, it is not included in the numerical results for each question. Therefore, the total responses counted against each of the consultation questions is 15.

Summary of key findings and actions we will take

Question 1: Is the introduction in section 1 clear about the scope of the guidance and the types of facility the guidance applies to?

Summary of responses:

• yes: 8
• no: 6
• do not know: 0
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (8, or 53%) agreed that the introduction is clear.

Several respondents commented that the introduction did not clearly explain which types of sites fall within the scope of the guidance. In particular, they asked for clarity on whether the guidance applies to supermarkets, household waste recycling centres (HWRCs), and waste transfer stations that receive waste batteries.

In response, the introduction has been amended to make it clearer that the guidance will apply to permitted waste facilities regulated by the Environment Agency under the Environmental Permitting Regulations (EPR), called ‘regulated facilities’, including waste transfer stations and HWRCs that accept waste batteries for storage and transfer. It will not apply to other sites or premises, such as supermarkets or leisure centres, that provide collection facilities for household batteries or other exempt waste operations. However, exempt facilities which store and handle waste batteries may find it useful to refer to the guidance.

As explained in the guidance (‘When appropriate measures apply’), the parts of the guidance that will apply to different regulated facilities will depend on the type and nature of the activities carried out. For example, the waste treatment appropriate measures may not be relevant at sites that only accept waste batteries for storage and transfer (without treatment). Where a measure is not suitable for a site, the operator can propose alternative measures that achieve the same level of environmental protection or explain why it is not relevant to their operations.

Some consultation responses suggested that the guidance should make a clearer distinction between the activities undertaken by approved battery treatment operators (ABTOs) and approved battery exporters (ABEs), to which additional requirements apply under the Waste Battery and Accumulators Regulations (WBAR), and other permitted waste facilities (such as transfer stations).

The introduction has also been revised to make it clearer that additional requirements apply to ABTOs and ABEs under the Waste Batteries and Accumulators Regulations (2009). A link has also been included to the section in the guidance that provides a summary of these regulations. However, the guidance sets out the appropriate measures for relevant waste facilities that are regulated under EPR, regardless of whether they are also regulated as ABTOs and ABEs. The requirements of the Waste Batteries and Accumulators Regulations are separate and covered in other guidance.

Question 2: The guidance includes generic appropriate measures, that applies to the management of other similar wastes (such as WEEE, hazardous chemicals and containerised wastes), along with additional specific measures for waste batteries. Do you agree with this approach?

Summary of responses:

• yes: 11
• no: 1
• do not know: 2
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (11, or 73%) agreed with the approach taken: having one set of appropriate measures guidance for batteries, which includes generic measures (common to the management of other wastes) as well as those specific to the management of waste batteries. One of the main benefits of this is that it reduces the number of guidance documents and webpages that need to be referred to. The guidance does refer out to other relevant guidance, where necessary (for example, the fire prevention plan guidance), which is consistent with the structure and content of our other waste sector appropriate measures guidance.

Question 3: Section 2.1, management system, is largely generic to all types of waste treatment. Is there anything included here that is irrelevant for waste batteries?

Summary of responses:

• yes: 0
• no: 12
• do not know: 2
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (12, or 80%) answered, no, there aren’t any measures in the ‘General management appropriate measures’ section that are irrelevant to permitted facilities that store or treat waste batteries. None of the other respondents identified any measures that are irrelevant.

Question 4: Is there anything additional that should form part of the management system for a waste batteries storage or treatment facility?

Summary of responses:

• yes: 1
• no: 9
• do not know: 4
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (9, or 60%) answered, no, there aren’t any additional measures that should be included in the ‘General management appropriate measures’ section.

One response proposed that the guidance could further define the necessary knowledge, skills and experience of staff involved in accepting and processing waste batteries.

Additional requirements relating to staff knowledge, skills and experience have not been included in the guidance. It is for the operator of the permitted facility to ensure that they maintain sufficient technical competence and that staff are appropriately trained and qualified for their specific roles. The requirements of this section are consistent with the corresponding sections in our appropriate measures guidance for other wastes, including WEEE and hazardous chemical wastes. However, the guidance does recommend that operatives working on larger lithium-ion (Li-ion) batteries (such as from electric vehicles) have relevant high voltage training.

Question 5: Sections 2.3 on accident management plans and 2.4 on accident prevention are based on generic requirements across the waste treatment sector. Do they adequately address the main accident risks likely from a waste batteries facility?

Summary of responses:

• yes: 10
• no: 2
• do not know: 1
• not answered: 2

There were 13 responses to this consultation question. The majority of respondents (10, or 67%) answered, yes, that the guidance does adequately address the main accident risks relevant to the operation of a waste batteries facility.

The guidance has been updated to incorporate recommendations made regarding additional risks and control measures, for example, relating to the self-combustion of batteries, fire detection and warning systems, damaged Li-ion batteries and identifying DSEAR hazardous zones.

Question 6: Are there any additional fire prevention or control measures that should be referred to in the guidance regarding the storage, handling or treatment of separate collections of waste batteries?

Summary of responses:

• yes: 9
• no: 3
• do not know: 2
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (9, or 60%) answered, yes, there are additional fire prevention and control measures that could be referred to in the guidance.

Comments received from respondents suggested that batteries should be allowed to rest and be kept under surveillance after handling and before onward movement, and that the reignition risk of Li-ion batteries should be identified in the guidance.

The guidance already refers to thermal imaging and monitoring systems, particularly for Li-ion batteries. In response to the comments, it has been updated to reinforce the need for monitoring temperature changes or other signs of self-heating – especially following sorting or handling – and to explicitly reference the re-ignition risk associated with Li-ion batteries.

Some comments referred to the fire risk that Li-ion batteries pose in other waste streams, for example, when contained in waste electrical and electronic equipment or in general mixed municipal waste. However, as explained in the introduction section, this guidance is specific to the storage and treatment of separate collections of waste batteries and does not apply to other mixed waste streams. Broader national measures to reduce fires caused by Li-ion batteries in these other waste streams are outside the scope of this document.

One response queried why the guidance did not refer to fire breaks or fire walls. However, the guidance already includes a number of measures that refer to the use of appropriate fire breaks and fire walls (for example, in the sections on ‘Accident and fire prevention’ and ‘General waste storage and handling’). The use of fire walls and fire breaks or separation distances are also referred to in our fire prevention plan guidance.

Some respondents commented that certain fire prevention measures, for example, for fire detection and suppression systems, are not proportionate to the risk posed at sites that take smaller quantities of waste batteries, including HWRCs. The guidance refers to a range of fire prevention and control measures, recognising that what is required is likely to be site-specific and should be risk-based, for example, considering the type or quantity of batteries received for storage or treatment. Operators may also propose alternative measures to those stated in the guidance or explain why certain measures are not relevant to their site.

Question 7: Waste batteries are more readily characterised than some other wastes but there is still a need to undertake pre-acceptance assessments so that treatment and transfer facilities fully understand the nature of the wastes they are receiving. Do you agree the information requirements in section 3.1 achieve this?

Summary of responses:

• yes: 9
• no: 3
• do not know: 2
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (9, or 60%) answered, yes, the waste pre-acceptance information requirements are appropriate for waste batteries facilities and are consistent with the requirements for other wastes (for example, WEEE).

Several respondents questioned whether waste pre-acceptance information (including, for example, the condition, age and charge of batteries) could be obtained, particularly for small, mixed loads of batteries received from public collection points or accepted at HWRCs.

The waste pre-acceptance and acceptance requirements of the waste battery appropriate measures are consistent with the requirements of our waste appropriate measures guidance for other wastes (for example, WEEE, waste metal and chemical wastes).

The appropriate measures guidance says additional waste pre-acceptance information, for example, regarding the type, chemistry and condition of waste batteries, should be provided if it is known. Where the information is not known, or it is not possible to obtain it, it would not need to be provided.

As stated elsewhere, the relevant parts of the guidance, and the extent to which they apply to individual regulated facilities, will depend on the type and nature of the activities carried out. Where a measure is not suitable for a facility, an operator can propose alternative measures or explain why it is not relevant to their operations. For example, at HWRCs, it is unlikely that any waste pre-acceptance information can be obtained prior to wastes arriving on-site from members of the public or tradespeople.

Question 8: Do you agree the requirements set out in section 3.2 on acceptance and section 3.3 on waste tracking are appropriate measures for a waste batteries facility?

Summary of responses:

• yes: 7
• no: 5
• do not know: 2
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (7, or 47%) answered, yes, that the waste acceptance and tracking requirements are appropriate for waste batteries facilities.

Some respondents suggested that facilities permitted to sort batteries are best placed to identify battery type, chemistry, and non-conforming wastes. Concerns were raised that the requirements for waste acceptance (specifically, checking wastes received) could inadvertently encourage facilities that are not ABTOs to sort waste batteries. Other comments suggested that the waste acceptance and tracking requirements may not be achievable at some facilities (for example, HWRCs) and that simplified tracking requirements may be sufficient.

All permitted facilities must check incoming waste to ensure it is acceptable under their permit, including paperwork checks and visual inspections. The waste acceptance and tracking requirements in the guidance are consistent with those expected for other wastes, for example, WEEE and metal waste. Some additional measures have also been included for the identification and management of damaged batteries, particularly Li-ion, due to the associated fire risk.

The visual checking and inspection as part of waste acceptance, including incidental sorting or repackaging carried out for the purpose of waste acceptance and storage (and not as a specific treatment activity involving the sorting of mixed waste batteries by chemistry or type for the purpose of recycling on-site or elsewhere), is unlikely to be considered a relevant waste battery treatment and recycling activity under the Waste Batteries and Accumulators Regulations. This would include, for example, the identification and management of non-conforming wastes or removal of certain wastes (for example, lithium batteries or other damaged batteries) due to their increased risk of fire or pollution.

It is important that all operators have appropriate waste tracking measures, so that waste received for treatment or transfer is tracked whilst on-site, to ensure that permit conditions are complied with (for example, regarding permitted storage quantities and storage duration) and the accumulation of old battery waste is avoided, which could degrade over time or pose a fire risk.

As explained, the relevant parts of the guidance, and the extent to which they apply to individual regulated facilities, will depend on the type and nature of the activities carried out. Where a measure is not suitable for a specific facility (for example, it is unlikely that wastes received at a HWRC will be pre-booked), the operator can propose alternative measures or explain why it is not relevant to their operations.

One response suggested it would be helpful to refer to ensuring that batteries are received in appropriate containers for transportation, such as UN-approved transport packaging. The guidance now includes a reference to checking that containers and packaging used for transporting waste batteries comply with UN standards where appropriate.

The guidance has also been amended to clarify expectations for managing damaged or unsafe loads, avoiding any suggestion that such loads must be returned immediately to the public highway. These should instead be managed under site procedures for acceptance and non-conforming wastes, including, for example, prioritising treatment or repackaging of damaged batteries, where possible and safe to do so.

Question 9: The sections on storage and handling includes appropriate measures regarding the type and properties of containers and packaging used for the storage and handling of waste batteries, including specific requirements for different types of batteries and containers. Do you agree that these requirements are appropriate?

Summary of responses:

• yes: 6
• no: 5
• do not know: 3
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (6, or 40%) answered, yes, the measures on the types and properties of containers and packaging used for waste batteries are appropriate.

Some respondents disagreed with the requirement to store lead acid batteries upright with terminals capped. This is an existing requirement of our appropriate measures guidance for metal shredding activities and is identified as good practice elsewhere, for example, in the Waste Industry Safety and Health (WISH) Forum guidance, Managing health and safety at HWRCs. Operators may also propose alternative measures where equivalent environmental protection can be demonstrated.

In response to comments received, the headings of the sections on waste storage (generic storage measures and specific measures for batteries) have been updated to make it clearer that both sections apply to the storage and handling of waste batteries where relevant.

One response highlighted that tents and other temporary structures, referred to in the guidance, for example, for waste battery storage, may require permission from other regulatory bodies including consultation with FRS, and that this should be stated in the guidance. The guidance now highlights that such structures must comply with relevant building and planning regulations where relevant. The guidance already states that the fire and rescue service should be consulted regarding fire detection and suppression measures in areas where waste batteries are stored, handled or treated.

Additional references have been included in the guidance (for example, in the waste pre-acceptance and acceptance measures) to the use of UN-approved containers where relevant and the use of safety data sheets to identify relevant hazards associated with the waste batteries and associated waste materials. The guidance also requires that all containers must be assessed to ensure that they are suitable for the wastes stored in them and are used in accordance with manufacturer instructions and safe working loads.

Several responses stated that the requirements in the guidance for the stacking of containers were unclear. We have revised and reworded these appropriate measures to make the requirements clearer. We have also increased the maximum height that containers can be stacked to 2.4m, so long as the containers are designed for stacking (for example, heavy duty battery boxes).

The guidance recognises that a range of different container types and designs may be appropriate for the storage and handling of waste, depending upon the type and quantity of wastes batteries in question. It also aims to provide a risk-based approach, referring to specific requirements and types or designs of container where relevant. An operator can also propose alternative measures (for example, with regards to specific types of storage container or packaging, or waste storage and handling arrangements) where it can be demonstrated that they will provide an equivalent level of environmental protection.

Question 10: Do you agree that lead acid batteries should be kept in appropriate battery boxes, or other similar rigid lidded containers, in order to prevent and minimise the risk of damage and potential emissions (including leakage of battery electrolyte or other hazardous substances) during storage, handling and transfer activities?

Summary of responses:

• yes: 13
• no: 1
• do not know: 0
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (13, or 87%) answered, yes, that lead acid batteries should be kept in rigid lidded battery boxes during storage, handling and transfer activities.

In response to the comments received, the guidance will identify that keeping lead acid batteries in battery boxes or other rigid containers is an appropriate measure for the on-site storage and handling of waste batteries at permitted waste facilities.

One comment received suggested that the guidance should not exclude or prohibit the use of bulk containers and vehicles for the transport of waste lead acid batteries, which can be used subject to relevant requirements being met, including those that apply to the transport of dangerous goods. Another comment also suggested lead acid batteries could be safely stacked on pallets for storage and handling.

The guidance does not prohibit the use of these methods for the transport and handling of waste batteries. However, it does require that all waste batteries are stored and handled carefully at permitted facilities, in order to prevent and minimise causing damage to the batteries, potential emissions to the environment, and the risk of short-circuiting and fire.

Pallets are unlikely to provide an equivalent level of protection or containment as a rigid container for storage at a permitted waste facility and have not been referenced in the guidance. However, they may be appropriate in specific situations (for example, the transport or shipment of undamaged lead acid batteries) when additional measures are provided for the protection and secure containment of the batteries (for example, if appropriately secured to the pallet and provided with appropriate packing material to protect the batteries and their terminals).

As explained elsewhere, an operator can propose alternative measures where it can be demonstrated that they will provide an equivalent level of environmental protection, which could include the use of alternative storage containers, packaging or other waste storage and handling measures to those in the guidance.

Some respondents disagreed that all lead acid battery terminals should be capped or insulated. As explained in the consideration of responses to Question 9, this is an existing requirement of our appropriate measures guidance for metal shredding activities and is identified as good practice elsewhere, for example, in the WISH Forum guidance for HWRCs. As with other measures, operators may propose alternative approaches where they provide equivalent protection.

Question 11: Are flexible IBCs appropriate for the safe storage and handling of certain types of batteries (for example, limited to smaller portable batteries that do not contain liquids or flammable substances, as currently set out in the guidance), or should all batteries be stored and handled in rigid containers or other appropriate protective packaging?

Summary of responses:

• yes: 7
• no: 6
• do not know: 1
• not answered: 1

There were 14 responses to this consultation question. Seven respondents (47%) answered, yes, flexible IBCs are appropriate for the safe storage and handling of certain types or chemistries of battery, whilst 6 disagreed

Some respondents raised concerns regarding the suitability of flexible IBCs (FIBCs) for the storage of higher-risk battery types (for example, lithium and lead acid batteries), whilst others agreed that they may be appropriate in certain situations (for example, when their use is limited to certain types battery types and their suitability has been properly assessed, including against relevant transport requirements).

The guidance requires operators to assess all storage containers and packaging to ensure that they are suitable for the wastes that they will contain and states that they must be used in line with manufacturer guidelines and safe working loads.

The guidance acknowledges that flexible IBCs are not appropriate for the storage of certain types of waste batteries (for example, waste lithium batteries due to their fire risk or wet cell batteries) or use at certain types of regulated facility (for example, HWRCs that collect mixed loads of waste batteries).

The guidance limits the use of FIBCs for the storage of dry cell batteries (excluding lithium batteries or any other batteries containing flammable substances) and on the basis that they meet the same requirements as other types of container (for example, being protected from conductivity and static, chemically resistant, leak-proof and kept closed when not in use). The guidance also includes additional measures for the handling, stacking and inspection of FIBCs.

Question 12: Facilities storing or treating waste batteries must have an appropriate fire prevention plan in place and maintain appropriate separation distances between (and within) waste battery storage areas. The draft guidance has not included any specific separation distances for waste batteries, as these may vary depending upon the type and quantities of waste being stored and site-specific factors. Do you agree with this approach? Are there any recommended separation distances, or other measures, that should be referred to or included in the guidance (for example, for storage areas containing lithium-ion or other batteries)? 

Summary of responses:

• yes: 9
• no: 4
• do not know: 1
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (9, or 60%) answered, yes, that they do agree with the approach taken in the guidance with regards to requiring waste battery facilities to have a fire prevention plan.

Several respondents recommended that the guidance explicitly recognise the risk of re ignition associated with Li-ion battery incidents, and that it should encourage the use of early gas detection systems to identify off gases emitted by damaged or self-heating Li-ion batteries. The guidance has been updated to include references to both re ignition risk and the use of gas detection monitoring.

Some respondents requested that the guidance provided additional information on separation distances for waste batteries, particularly for Li-ion battery storage. However, no separation distances were proposed in the responses received. It was generally acknowledged that suitable distances would depend on the type and quantity of batteries being stored at a facility, in addition to any other combustible or flammable wastes or materials.

The appropriate measures guidance requires all facilities storing or treating waste batteries to have a fire prevention plan and links to our fire prevention plan guidance. The guidance already requires a minimum separation distance of at least 6 metres to be maintained between combustible waste and site perimeters, buildings, or other combustible or flammable materials and around the perimeter of the waste quarantine area. Similarly, the WISH HWRC guidance recommends that battery containers are kept at least 6 metres away from flammable substance stores, such as flammable gas cylinder cages and flammable liquids containers.

We will continue to review both the appropriate measures guidance and the fire prevention plan guidance to ensure they reflect the latest knowledge and best practice relating to the prevention and control of waste battery fires, particularly those involving Li-ion and other emerging battery chemistries.

Question 13: The guidance proposes maximum storage times for different types of waste batteries and other wastes. They have largely been based upon the maximum storage times provided in other waste sector appropriate measures guidance and existing environmental permits. Do you agree that the timescales provided for the wastes are appropriate, for example, considering the time it may take to accumulate a viable load of batteries for transfer or treatment?

Summary of responses:

• yes: 9
• no: 4
• do not know: 1
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (9, or 60%) answered, yes, that the maximum storage times proposed in the guidance for waste batteries were appropriate.

Some respondents noted that the proposed maximum storage times are shorter than those contained in some permits (some of which currently allow up to 3 years storage). Concerns were raised about the potential impacts on battery collection schemes and ABTOs, particularly where longer storage periods may be needed to accumulate viable loads or where delays may occur due to transport or shipping constraints. One response recommended shorter storage times are included for mixed, unsorted loads of batteries, due to the fire risk posed by Li-ion batteries. Several responses requested that the storage times for other dry, stable battery chemistries (such as NiCd and NiMH) are aligned with those for alkaline batteries.

In response, the guidance has been revised to apply a 12-month storage limit to dry stable battery chemistries including Alkaline, Zn carbon, NiCd, NiMH, Hg and silver oxide batterie. A 6-month limit applies to other battery types, including lead acid, lithium and unsorted or mixed batteries, and other battery wastes. Additional text has also been included in the guidance stating that mixed unsorted loads of batteries should be sorted as soon as practicable, especially if they could contain lithium batteries. The guidance already includes appropriate measures for waste acceptance that require waste loads to be checked for non-conforming wastes (including damaged batteries) before being accepted and moved to dedicated storage areas.

Some respondents suggested linking maximum storage times to the quantity of waste being stored at a site. However, such an approach is unlikely to be practical or consistent for site permitting and compliance purposes, as site storage quantities are likely to vary and fluctuate. It would also need to account for the type or chemistry of batteries being stored, which would add complexity. Therefore, for consistency and clarity, the storage times provided in the guidance remain based on waste battery chemistry and type.

The purpose of setting maximum storage times is to prevent waste accumulation and deterioration, promote good waste management practice (including first in, first out approaches), and reduce fire and pollution risks. The storage times distinguish between battery wastes that pose a higher risk (for example, of fire and pollution) and may take less time to collect a viable load (such as lithium batteries (fire risk) and lead acid (viable load time)), from those that are likely to pose a lower risk and may take longer to collect a viable load (for example, smaller dry cell batteries, such as alkaline and NiCd).

The storage times stated in the guidance are consistent with those in other Environment Agency appropriate measures guidance. For example, guidance for chemical waste, WEEE, and metal shredding activities generally requires all wastes to be removed within 6 months. Our fire prevention plan guidance also states that combustible waste must not be stored for longer than 6 months. The 3-year storage limit included in some existing permits was originally taken from the Landfill Regulations to distinguish permitted waste storage activities from waste landfill activities and is not considered to be an appropriate storage time for waste batteries.

With regards to the Waste Batteries and Accumulator Regulations (WBAR), these require that an ABTO must not issue batteries evidence for more than the total amount of waste batteries accepted for treatment or recycling in a relevant approval period and which is capable of being recycled no later than the end of the following year. The requirements of the waste batteries appropriate measures, including the waste storage times, do not conflict with these requirements. Waste battery collection schemes should be able to plan for their likely battery recycling obligations, especially if battery numbers are relatively stable each year, and should not be reliant on accumulating or storing batteries for extended periods of time to meet them. Waste storage times should always be managed and minimised with the aim of ensuring a balanced and sustainable throughput on site, whilst minimising the risk of waste accumulation, degradation and abandonment, and associated environmental risks (for example, fires and pollution).

Waste storage during incidents, shutdowns, or other abnormal operating scenarios (for example, delays in waste exports and shipments), should be managed following the facility’s contingency measures and procedures, for example, including having alternative options in place to divert waste if required. Otherwise, in such circumstances, where reasonable, proportionate and justified, there is provision under the conditions of an environmental permit for extensions to be agreed locally with relevant regulatory officers. In line with other waste appropriate measures guidance, the waste storage section has been amended to require operators to notify the Environment Agency if waste is stored longer than permitted under the environmental permit or the site’s management system.

One respondent asked when the waste storage period starts (for example, when a storage container is full or starts being filled). To clarify, storage time begins when a storage container starts being filled (whether from waste received at the facility or produced on-site), or when a filled container of waste is accepted for storage at the facility.

Question 14: Sections 4.1 and 4.2 set out both generic and waste specific storage requirements for waste batteries. Other than the issues raised in questions 9 to 13, do you agree that the other requirements are appropriate measures for waste battery storage?

Summary of responses:

• yes: 7
• no: 4
• do not know: 2
• not answered: 2

There were 13 responses to this consultation question. The majority of respondents (7, or 47%) answered, yes, that the storage requirements contained in the guidance are appropriate measures for waste batteries.

Some respondents asked how and when batteries containing POPs should be identified and stored separately from non-POPs batteries.

To clarify, there is no specific requirement to sort POPs containing batteries from non-POPs batteries at a particular time or location. Where loads may include POP containing batteries and have not been sorted, the entire load must be managed as POPs waste, meaning it must be correctly classified, described, and sent for appropriate treatment or destruction. If batteries are sent to a facility where treatment involves dismantling or mechanical processing, the operator of that facility is responsible for ensuring that POP containing fractions are identified, correctly classified on waste documentation, and transferred to an appropriate destruction route. The guidance directs operators to further information available on GOV.UK regarding the management of POPs containing lead acid batteries.

Some responses commented on a potential inconsistency in the guidance – where it says that batteries must be stored in non-conductive or lined containers, then later says Li-ion batteries should be stored in lined UN approved steel drums. The guidance allows different container types to be used, subject to the operator assessing that they are suitable for use. Plastic containers can be used where appropriate. However, steel UN approved drums or other fire-resistant containers are recommended for larger quantities of Li-ion batteries because of their higher fire risk.

As highlighted previously, an operator may propose alternative measures where they can demonstrate that it will provide an equivalent level of environmental protection. This flexibility is especially relevant where site specific storage or handling arrangements may be more appropriate for the nature or quantity of batteries managed.

One respondent suggested that the guidance should specify the training, skills and experience needed for staff handling waste batteries. The Environment Agency notes that staff competence requirements will vary between facilities, depending on the types and quantities of batteries managed and the nature of associated hazards. Ensuring the technical competence and appropriate training of staff remains the responsibility of the operator, consistent with competence provisions in other appropriate measures guidance such as WEEE and hazardous waste guidance

Question 15: Section 5.1 relates specifically to the preparation or pre-treatment of batteries for re-use or treatment. Do you think additional measures should be included for this activity?

Summary of responses:

• yes: 1
• no: 6
• do not know: 6
• not answered: 2

There were 13 responses to this consultation question. The majority of respondents (6, or 40%) answered, no, that additional measures did not need to be included for the preparation or pre-treatment of waste batteries for re-use or treatment, or that they did not know.

Respondents generally supported the preparation of batteries for re use where it is safe and appropriate.

One respondent suggested including further guidance on the re-use of waste batteries, including clearer expectations for risk assessment, testing, documentation, and liability. Particularly for high energy battery systems such as electric vehicle (EV) and battery energy storage system (BESS) batteries.

While additional industry guidance would be beneficial – such as criteria for repair, reuse, or establishing ‘end of waste’ status – this would fall outside the scope of the appropriate measures guidance.

Some consultation responses stated that ABTOs should not be required to sort or separate out POPs or BFR-containing wastes and that this should happen at downstream treatment or recycling facilities.

Section 5.1 of the guidance sets out appropriate measures for sorting, discharging and dismantling batteries where these activities are undertaken and authorised. It doesn’t require these activities to be carried out where they are not currently being undertaken or where they are not already approved or permitted. However, where wastes are known to contain POPs, they must be managed in accordance with our guidance. If batteries are sent to a facility (including an ABTO) for treatment that involves sorting, dismantling or mechanical treatment, then it would be the responsibility of the operator of that facility to ensure that any wastes or fractions containing POPs or BFRs are appropriately classified and sent for appropriate treatment (destruction). Further guidance on this, including the treatment of plastic fractions containing POPs, is available in our GOV.UK guidance:

• Identify and classify waste containing persistent organic pollutants (POPs)
• Manage waste lead acid batteries containing POPs

One response commented that the recovery of energy from battery discharging activities may not always be possible. The guidance already states that energy recovery options should be looked at ‘where possible and practicable to do so’ and on this basis no change has been deemed necessary.

Question 16. There has been considerable engagement between the Environment Agency and industry concerning persistent organic pollutants (POPs) in waste. We have published guidance on how to Identify and classify waste containing POPs and Manage waste lead acid batteries containing POPs. Does section 5.4, in conjunction with the guidance already published on GOV.UK, provide sufficient guidance on the management of POPs in waste batteries?

Summary of responses:

• yes: 8
• no: 3
• do not know: 3
• not answered: 1

There were 14 responses to this consultation question. The majority of respondents (8, or 53%) answered, yes, that there is sufficient guidance (in the proposed appropriate measures guidance and elsewhere on our GOV.UK website) regarding the management of POPs in waste batteries.

One comment suggested that UK facilities are required to comply with the requirements for POPs waste whilst exports are allowed to continue to sites abroad that do not comply.

To clarify, the same POPs requirements also apply to waste exports. As explained in our guidance on how to manage lead acid batteries containing POPs, POPs containing lead acid batteries must be correctly described as such and POPs containing plastic must be sent for destruction.

Several respondents asked whether there is a requirement for permitted facilities to sort POPs from non-POPs batteries (such as lead acid), and, if so, where and when this sorting should this happen.

As explained previously, there isn’t a specific requirement to sort POPs from non-POPs batteries. However, if batteries have not been sorted and may include POP containing batteries, the entire load must be classified and managed as POPs containing waste. If batteries are sent to a facility for treatment that involves dismantling or mechanical treatment then it would be the responsibility of the operator of that facility to ensure fractions containing POPs are correctly classified and described on waste documentation and sent for appropriate treatment or destruction. Further information is available in Manage waste lead acid batteries containing POPs.

One respondent highlighted the need for additional guidance on the POPs content of other types of waste battery and battery components.

Further studies would be required to assess the potential POPs content of other batteries or battery wastes before specific guidance could be provided on this. These studies and the provision of additional guidance relating to the POPs is outside the scope of the current waste batteries appropriate measures guidance. However, we will review and update our guidance where necessary when new information becomes available.

Question 17: Other than the specific issues raised in questions 15 and 16, do you agree the other requirements set out in section 5 are appropriate measures for the treatment of waste batteries?

Summary of responses:

• yes: 10
• no: 0
• do not know: 2
• not answered: 3

There were 12 responses to this consultation question. The majority of respondents (10, or 67%) answered, yes, that the measures included in the guidance for the treatment of waste batteries are appropriate.

One comment suggested that the guidance could include additional reference to relevant COSHH requirements and the provision of safety data sheets for wastes received at a facility, to ensure that potential hazards are identified and understood.

The guidance has not been amended to include additional COSHH references, as these requirements are outside the scope of the guidance and are already addressed in workplace health and safety legislation. The guidance does, however, include reference to some relevant requirements, such as controls for dangerous substances and explosive atmospheres (DSEAR). Additionally, the guidance operators to identify hazardous properties of wastes as part of their waste pre-acceptance and acceptance procedures. Reference to obtaining safety data sheets, where available, has also been included in the appropriate measures for waste pre-acceptance.

Another respondent suggested that references to the use of UN approved steel for the storage of materials produced by treatment processes (for example, Li-ion battery black mass) should be removed. However, reference to the use of steel drums is provided as an example of an appropriate container, specifically for materials that may pose a fire risk or contain reactive substances. Alternative containers may also be used where appropriate.

Another response stated that external lab testing (of wastes or fractions produced by a treatment process) may not be practicable and that the guidance should allow for internal testing. The appropriate measures guidance does not require the use of external laboratories and in-house laboratories may also be used. However, where possible, analysis must be undertaken by accredited laboratories – whether internal or external – and using accredited test methods. This is consistent with other technical guidance, including the WEEE waste appropriate measures guidance and WM3 guidance on the classification and assessment of waste.

Question 18: Section 6 outlines a range of measures that must be used to control emissions to the environment. Not all will be applicable to all facility types. Do you agree this includes all the measures that are likely to be relevant to the full range of battery facilities?

Summary of responses:

• yes: 9
• no: 0
• do not know: 4
• not answered: 2

There were 13 responses to this consultation question. The majority of respondents (9, or 60%) answered, yes, that the emissions control measures set out in the guidance are appropriate for facilities that store or treat waste batteries.

Respondents emphasised that not all listed measures will apply to all facility types, depending on the nature of the activities and processes undertaken and the emissions that could be produced.

The introduction section of the guidance explains that not all measures included in the guidance will be relevant or applicable to all facilities. Operators may justify why specific measures do not apply (for example, where there are no point source emissions to the environment) or may propose alternative measures that achieve an equivalent level of environmental protection.

Question 19: Section 7 sets out the emissions monitoring requirements and limits for waste battery facilities and lists substances, limits and monitoring methods that are likely to be relevant. Not all will be applicable to all facility types. Do you agree this includes all the measures and substances that are likely to be relevant to the full range of battery facilities?

Summary of responses:

• yes: 9
• no: 0
• do not know: 4
• not answered: 2

There were 13 responses to this consultation question. The majority of respondents (9, or 60%) answered, yes, that the emissions monitoring requirements and limits set out in the guidance are appropriate for facilities that store or treatment waste batteries.

Similar to other emission control measures, respondents acknowledged that not all monitoring requirements and limits will be applicable to all facilities. Whether they are applicable will depend upon the type and chemistry of waste batteries received at a facility, the activities undertaken on them and the nature or composition of any associated emissions. The guidance reflects this by allowing operators to justify why particular monitoring requirements or measures are not relevant to their facility.

Question 20: We really value your feedback on the proposed guidance. Please tell us if you have any further comments and provide as much information as possible to support your answer.

There were 6 responses to this final part of the consultation. This section provides a summary of comments that have not been considered under the previous consultation questions.

Several respondents recommended that the guidance be regularly reviewed and updated to reflect developments in battery technologies, chemistries, treatment and recycling processes, and relevant environmental standards. The Environment Agency confirms that the guidance will be kept under review and updated where necessary.

One respondent highlighted that HWRCs must accept waste batteries from householders regardless of their condition and requested that the guidance recognise this constraint. The introduction to the guidance already acknowledges that not all measures will be relevant to all facilities. Where measures are not applicable – for example, at HWRCs handling small or occasional quantities of waste batteries – operators may either justify why specific measures do not apply or propose alternative measures that provide equivalent environmental protection.

Another respondent suggested that the waste treatment appropriate measures should not always require shredded battery materials to be treated to remove the electrolyte. The guidance does not state that battery electrolyte must always be removed. However, it is recommended to minimise potential hazards such as fugitive emissions, corrosion or fire) during the subsequent waste storage and handling activities. The guidance also allows operators to propose alternative treatment measures or justify why certain measures are not relevant on a site-specific basis.

Additional comments recommended focusing the guidance more on outcomes rather than prescriptive requirements, particularly regarding container and storage area design. The guidance has been reviewed in light of these comments and some amendments have been made. However, specific requirements have been kept where they help to explain or define an appropriate measure for clarity and consistency. The guidance has avoided requiring the use of specific types of containers or waste storage or handling systems, instead focussing on the measures or features that they should provide to protect the environment (for example, to prevent potential emissions, incidents or accidents). Where specific designs or types of containers are referred to in the guidance, they are provided as examples or options. An operator may propose alternative measures to those set out in the guidance where will provide an equivalent level of environmental protection.

In response to another comment, we have included reference to unexpected non-battery wastes as an example of non-conforming wastes that require management under the appropriate measures for waste acceptance.

Some respondents suggested restructuring the guidance to align more closely with the roles defined under the Waste Batteries and Accumulators Regulations (WBAR), including treatment operators and exporters. However, the appropriate measures guidance is technical permitting guidance for facilities regulated under EPR, which are separate to the WBAR and have a broader scope. The guidance has been structured so that it is consistent with the other waste sector appropriate measures guidance.

Next steps

After considering the consultation responses we received, we have finalised the text of the guidance document for publication. So that the guidance is fully accessible and can be published on the website, we have converted the PDF document that was used for the consultation to HTML format.

We have published the finalised guidance on GOV.UK: Waste batteries: appropriate measures for permitted facilities.

The new guidance for waste batteries is part our collection of technical guidance for regulated industry sectors: environmental permitting.

If you want to follow up your responses or the points made in this document in more detail, please contact us wastetreatment@environment-agency.gov.uk.