Guidance

Blending waste upholstered domestic seating containing POPs: RPS 373

Published 2 July 2026

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to:

• have an environmental permit where one is required
• comply with the conditions of your environmental permit
• comply with Regulation (EU) 2019/1021 on persistent organic pollutants (POPs) (which is assimilated law, as amended) to take all reasonable steps, where feasible, to avoid contaminating other waste with POPs

However, the Environment Agency will not normally take enforcement action against you if you do not comply with these legal requirements provided that:

• your activity meets the description set out in this RPS
• you comply with the conditions set out in this RPS

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

• cause a risk to water, air, soil, plants or animals
• cause a nuisance through noise or odours
• adversely affect the countryside or places of special interest

1. Activity this RPS applies to

This RPS applies to:

• the controlled blending of waste upholstered domestic seating (WUDS) containing POPs with other waste at a permitted site other than the destination waste incineration plant
• those sites treating the WUDS to meet the specification at the destination waste incineration plant
• where the destination waste incineration plant lacks the capability to blend WUDS with other waste

2. Conditions you must comply with

2.1 Operators of waste incineration plant that require a blend of WUDS and other waste

You must:

• notify the Environment Agency pan-area chemicals compliance team by email at popsinwaste@environment-agency.gov.uk that your incinerator requires a blend of WUDS and other waste
• provide the operator name, site address and permit number of waste incineration site
• provide the technical specification for the blend of WUDS and other waste
• confirm that you require blending of WUDS and other waste to be carried out prior to the waste arriving at your site

2.2 Operators of a waste treatment facility blending WUDS containing POPs and other waste for an incinerator operator

You must:

• notify the Environment Agency pan-area chemicals compliance team by email at popsinwaste@environment-agency.gov.uk and get the Environment Agency’s agreement before you use this RPS
• provide the destination waste incineration plant name, site address and permit number that requires you to blend WUDS and other waste
• provide the technical specification for the blend of WUDS and other waste
• provide the operator name, site address and permit numbers for the sites where the blending will take place
• transport the blended waste directly to the destination waste incineration plant site
• keep records for 2 years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not:

• mix or blend WUDS containing POPs with other waste on any other premises apart from those notified under this RPS
• mix or blend WUDS if the destination incinerator can accept without the waste being blended

3. Things to note

Segregated WUDS must only be blended with other waste when:

• it is technically necessary to control calorific value and optimise combustion
• there is a specification for the required blend

When you blend the segregated WUDS containing POPs, you must do it in a controlled manner that:

• uses the minimum amount of non-POPs waste
• prevents the release of particulates containing POPs or contaminating more waste than necessary

For more information see guidance on the management of WUDS containing POPs.

4. When you must check back

The Environment Agency intends to review this RPS by 30 April 2029.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity and circumstances that this RPS relates to have not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn. Use the ‘Get emails about this page’ feature on the RPS publication page.

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately by contacting popsinwaste@environment-agency.gov.uk with RPS 373 in the subject

6. Contact the Environment Agency

If you have any questions about this RPS, email popsinwaste@environment-agency.gov.uk with RPS 373 in the subject.