Guidance

Emergency services and armed forces use of ELVs and other wastes: RPS 167

Published 5 May 2023

Applies to England

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/emergency-services-and-armed-forces-use-of-elvs-and-other-wastes-rps-167/emergency-services-and-armed-forces-use-of-elvs-and-other-wastes-rps-167

This regulatory position statement (RPS) applies to England and does not change your legal requirement to have and comply with an environmental permit when you use end of life vehicles (ELVs) and other waste for:

  • training exercises
  • teaching
  • public awareness displays

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 does 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

Activity this RPS applies to

This RPS applies to the:

  • emergency services
  • armed forces
  • training providers working on behalf of the emergency services or armed forces

It applies to using ELVs and other wastes for:

  • training exercises
  • teaching
  • public awareness displays

The uses include:

  • cutting or burning ELVs (or both)
  • locating and disarming hidden explosives in ELVs
  • discharging firearms into ELVs
  • live fire scenarios in buildings planned for demolition
  • creating crime investigation scenes
  • creating fire investigation scenes
  • controlled explosions of ELVs

Conditions you must comply with

You must:

  • make sure that you get the ELV or waste electrical and electronic equipment (WEEE) that you use from an authorised treatment facility (ATF), a local authority or waste management company managing waste facilities on behalf of a local authority

  • make sure that you return the waste to an ATF or regulated waste facility as soon as is practicable after use

  • make sure that when any hazardous waste you move to and from where the training or demonstration takes place is accompanied by a consignment note

  • store or use ELVs that have not been depolluted on an impermeable pavement with a sealed drainage system – this does not include vehicles that only retain shock absorbers, air bags or batteries essential for the activity, but are otherwise depolluted

  • use the minimum amount of waste and least polluting waste types for your activities

  • keep records for 3 years to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not store or use any ELV that has not been depolluted in scenarios that involve burning the vehicle or releasing fluids. This does not include vehicles that only retain shock absorbers, airbags, or batteries essential for the activity but are otherwise depolluted.

You must not use any wastes containing ozone depleting substances or fluorinated gases, for example air conditioning gases in ELVs and refrigerant gases in freezers and refrigerators.

When you must check back

The Environment Agency intends to review this RPS by 1 April 2026.

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.

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. You must tell the Environment Agency immediately by informing your local Environment Agency office.

Contact the Environment Agency

If you have any questions about this RPS email enquiries@environment-agency.gov.uk.

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