Exceeding waste wood storage limits at permitted sites: RPS 361
Published 16 December 2025
Applies to England
This regulatory position statement (RPS) does not change your legal requirement to comply with the conditions of your environmental permit.
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 temporary storage of waste wood destined for incineration, biomass or panel board manufacture in quantities that exceed the limits in your permit.
This RPS only applies in circumstances set out in this RPS and where the Environment Agency has agreed to the use of this RPS in writing.
2. Circumstances in which this RPS applies
This RPS applies when unplanned downtime at your destination energy from waste incineration plant, biomass plant or panel board plants has placed pressure on waste storage capacity. There must be no reasonable contingency capacity available elsewhere.
3. Conditions you must comply with
You must:
- store waste wood in its largest form prior to shredding
- store waste wood within the permitted boundary
- store waste wood securely in a manner that prevents loss and access by the public
- follow the ‘first in first out’ principle to make sure the oldest waste wood is always removed first
- have the Environment Agency’s agreement in writing before you use this RPS
- comply with any additional site specific and fire prevention requirements specified when we agreed your notification
- 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 notify the Environment Agency by email at wastetreatment@environment-agency.gov.uk with ‘RPS 361’ in the subject line and provide the following details:
- operator name
- permit number
- name and address of the permitted site
- the amount of waste wood you are proposing to store above the limits in your permit
- where and how you will store the additional waste wood within your permitted site
- how long you expect to store waste wood above the limits in your permit
- what control measures will be taken to ensure risk of fire and dust are minimised
- the circumstances which have resulted in you requesting to operate under this RPS
You must not:
- operate above your permitted waste storage limits without having received written agreement from the Environment Agency
- store wood waste other than those listed in your permit
- store more wood waste or different types of wood waste than that which has been agreed in writing
- store waste for longer than has been agreed in writing
4. When you must check back
The Environment Agency will review this RPS by 31 July 2026.
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.
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 emailing wastetreatment@environment-agency.gov.uk with ’RPS 361’ in the subject
6. Contact the Environment Agency
If you have any questions about this RPS, email wastetreatment@environment-agency.gov.uk with ’RPS 361’ in the subject.