Guidance

Managing asbestos contaminated waste upholstered domestic seating containing POPs: RPS 359

Published 29 January 2026

Applies to England

© Crown copyright 2026

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This publication is available at https://www.gov.uk/government/publications/managing-asbestos-contaminated-waste-upholstered-domestic-seating-containing-pops-rps-359/managing-asbestos-contaminated-waste-upholstered-domestic-seating-containing-pops-rps-359

This regulatory position statement (RPS) does not change your legal requirement to:

  • have an environmental permit where one is required
  • comply with the conditions of your environmental permit
  • comply with the requirements under Regulation (EU) 2019/1021 on persistent organic pollutants (POPs – which is assimilated law, as amended)

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 disposing waste upholstered domestic seating (WUDS) containing POPs and asbestos, to landfill.

This RPS applies when it is not possible to permanently destroy or irreversibly transform the POPs in the waste. This is required by Article 7(2) and Part 1 of Annex V of Regulation (EU) 2019/1021 on POPs.

2. Conditions you must comply with

You must:

  • confirm that asbestos is present on or within the WUDS

  • confirm (as far as reasonably practicable) that the WUDS material contains POPs above Annex IV thresholds 

  • dual code the waste as 20 03 07 and 17 06 05* and describe as waste containing POPs and asbestos

  • complete and return a problematic waste stream request form where the asbestos contaminated POPs waste may exceed the permitted waste acceptance criteria of the landfill – contact the Environment Agency to request this form

  • keep records for 3 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 emailing chemicalrestrictions@environment-agency.gov.uk before you use this RPS. You must include evidence of the following for Environment Agency approval:

  • the presence of asbestos and reasons why it is unfeasible to separate further from the POPs waste

  • the POPs containing material above relevant Annex IV thresholds

  • why it has not been practicably possible to treat the WUDS by a method described in Part 1 of Annex V of assimilated Regulation 2019/1021 on POPs (as amended)

You must not use this RPS where the asbestos can be feasibly removed or separated from the WUDS containing POPs.

3. Things to note

For more information on the management of WUDS see the guidance Manage waste upholstered domestic seating containing POPs.

The Environment Agency may use the information you provide under this RPS to notify the Secretary of State of exceptional circumstances of a POPs waste disposal.

4. When you must check back

The Environment Agency intends to review this RPS by 31 March 2027.

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. 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:

6. Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 359 in the subject.

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