Guidance

Collecting and storing mixed fuel from misfuelled vehicles: RPS 9

Updated 8 March 2024

Applies to England

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

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

• your activity meets the description set out in this RPS

• you comply with the conditions set out in this RPS

• your activity does not cause (and is not likely to cause) pollution of the environment or harm to human health

1. Conditions you must comply with

You must notify the Environment Agency by email at wastetreatment@environment-agency.gov.uk before you use this RPS. In your email include:

• the words ‘RPS9’ in the subject line

• your name and company name and contact details

• the address of the site where the mixed fuel will be stored

1.1 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.

1.2 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

1.3 Operators of storage sites

If you are the operator of the storage site (the consignee), you must:

• 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

1.4 Storing and transferring mixed fuel

Operators of storage sites 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

• store mixed fuel in tanks or containers with secondary containment in accordance 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

You must not use underground tanks and pipework.

You must not 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 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

2. When you must check back

The Environment Agency will withdraw this RPS on 1 July 2024.

The Environment Agency can withdraw or amend this enforcement position before it expires if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

3. If you cannot comply with this RPS

If you operate under this RPS but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

4. Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.