Guidance

Storing mixed fuel from misfuelled vehicles: RPS 9

Updated 14 August 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store mixed fuel from misfuelled vehicles. 

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement 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 storing mixed fuel from misfuelled vehicles.

2. Conditions you must comply with

You must:

• apply for a new bespoke permit for the storage of mixed fuels by 1 October 2024

• if you operate under this RPS notify the Environment Agency by emailing wastetreatment@environment-agency.gov.uk and put ‘RPS 9 storing mixed fuel from misfuelled vehicles’ in the subject – include your name, company name, contact details and the address of the site where the mixed fuel is being stored

You can continue to use this RPS until a permit has been issued or your permit application has been refused. If your permit application is refused, you must:

• stop taking mixed fuel

• remove all stocks of mixed fuel from the site within 4 weeks of the date of refusal

2.1 For operators of storage sites

You must:

• only store mixed fuel consisting of petrol and diesel

• store no more than 15,000 litres of mixed fuel at any one time in no more than 3 storage tanks or containers 

• only store mixed fuel in tanks that comply with BS EN 12285-2:2005 or UL 2085

• only store mixed fuel in tanks that comply with HSG176 Storage of flammable liquids in tanks

• only store mixed fuel in fit for purpose containers that comply with HSG51 Storage of flammable liquids in containers

• only store mixed fuel in tanks or containers with secondary containment in line with CIRIA guidance 736 Containment systems for the prevention of pollution

• only use tanks or containers with an overfill prevention system, such as a high level alarm

• only transfer mixed fuel to and from tanks (or containers) on areas with impermeable pavement with self contained drainage

• make sure that only trained vehicle operators transfer the mixed fuel into the storage tank or container – they must do this using the vehicle’s flame-proof pump and without undue delay 

• have procedures in place to respond to overfill incidents

• have appropriate spill kits available so vehicle operators can respond quickly to control any spills

• either be present to help with delivery, or only accept mixed fuel from collectors who have completed the SPA vehicle misfuellers course

• comply with the requirements of the Health and Safety Executive approved Code of Practice and guidance on unloading petrol from road tankers

• keep records of consignment notes for mixed fuel received and removed, and quarterly hazardous waste return submissions

• send quarterly returns to the waste producer and the Environment Agency to report the receipt of these wastes

• 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:

• use underground tanks and pipework

• store the mixed fuels within:

  • 200 metres of a European Site or Site of Special Scientific Interest (SSSI)

  • a groundwater source protection zone 1 or 2, or if a source protection zone has not been defined then within 50 metres of any well, spring or borehole used for the supply of water for human consumption (this includes private water supplies)

  • 50 metres of a dwelling

3. Things to note

3.1 Consigning mixed waste fuel

You must comply with the regulations on managing hazardous waste which require you to consign mixed fuel from:

• any misfuelled vehicle that is located at a fuel station

• non-domestic misfuelled vehicles that are at other locations, such as by the roadside

• a storage site operating under this RPS

Non-domestic vehicles are ‘vehicles that are not a domestic private vehicle at home or at the roadside. This includes vehicles used to transport goods or materials, or fare paying passengers’. 

The guidance on roadside breakdown services explains how you can:

• use a summary consignment note for several collections in the same vehicle

• avoid consignee returns if you are both the mixed fuel collector and the operator of the storage site 

You do not need to pre-notify or consign movements between England and Scotland of mixed fuel from non-domestic misfuelled vehicles. This is provided you are taking it to a bulk storage location before it goes for treatment elsewhere.

3.2 Collecting and transporting mixed fuel

You must:

• use collection vehicles that are designed and constructed to remove and transport mixed fuel from vehicles

• make sure the mixed fuels are collected by a fuel tanker that’s approved by the Carriage of Dangerous Goods, or if the mixed fuel is to be transported as a ‘small load’, that the correct thresholds apply

4. When you must check back

The Environment Agency will withdraw this RPS on 1 October 2025.

The Environment Agency can withdraw or amend this regulatory position before the withdrawal 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 withdrawal date, to see if this RPS still applies.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

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

• stop the activity to which this RPS relates

• tell the Environment Agency immediately by emailing wastetreatment@environment-agency.gov.uk and put ‘RPS 9 storing mixed fuel from misfuelled vehicles’ in the subject

6. Contact the Environment Agency

If you have any questions about this RPS email wastetreatment@environment-agency.gov.uk and put ‘RPS 9 storing mixed fuel from misfuelled vehicles’ in the subject.