Guidance

Burning waste as a fuel in a small appliance: RPS 340

Published 17 July 2025

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit or comply with a registered U4 waste exemption for the burning of waste as a fuel in a small appliance.

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 using waste particle board off-cuts (waste code 03 01 05) as a fuel in a small appliance by operators who have registered a U4 waste exemption: burning waste as fuel in a small appliance.

2. Conditions you must comply with

You must:

  • register a U4 waste exemption and comply with the limits and conditions in full
  • store waste in a building or under cover
  • only burn particle board off-cuts at the place where the waste was produced 

You must not:

  • burn particle board which has been chemically treated after manufacture, or has any veneers or facings
  • store more waste for burning than you need
  • store more than 10 tonnes of all waste for use as a fuel at any one time

3. Things to note

This RPS relates to additional waste types that the Environment Agency considers are potentially suitable to be incorporated into the U4 waste exemption under the Environmental Permitting (England and Wales) Regulations 2016. A change in law would be required for this.

4. When you must check back

The Environment Agency will review this RPS by 1 April 2028.  

The Environment Agency can withdraw or amend this regulatory position before the review date, if they consider it necessary. This includes where the activity that this RPS relates to has 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This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.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.

5. If you cannot comply with this RPS

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

6. Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 340 in the subject.