Guidance

Managing unused waste COVID-19 test kits: RPS C29

Updated 20 June 2023

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when storing, de-packaging and dismantling unused waste COVID-19 test kits.

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

Activity this RPS applies to

This RPS applies to storing, de-packaging and dismantling unused waste COVID-19 test kits if they:

  • have come from the UK Health Security Agency or the Department of Health and Social Care
  • are coded 16 03 04 or 16 03 06
  • are located at premises owned by His Majesty’s Prison and Probation Service
  • are being stored, de-packaged or dismantled for recovery

Conditions you must comply with

Condition 1

For all unused waste COVID-19 test kits you accept at your site, you must record the:

  • date of arrival
  • type of waste, including the European waste catalogue (EWC) code
  • quantity received

You must keep these records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request.

Condition 2

You must make sure:

  • any reagent contained as part of any unused waste COVID-19 test kit is consigned for the appropriate waste treatment – you must not treat the waste for re-use

Condition 3

You must:

  • notify the Environment Agency by email wastetreatment@environment-agency.gov.uk with the details of each site (site name and address) and put Waste COVID-19 RPS C29 – for action in the subject line
  • not operate at a site until you have received written agreement from the Environment Agency

When you must check back

This RPS will expire on 31 December 2024.

After this date your site must have a permit that authorises the storage, de-packaging and dismantling of unused waste COVID-19 test kits.

The Environment Agency can withdraw or amend this regulatory position before it expires 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 expiry 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 and must tell the Environment Agency immediately by emailing wastetreatment@environment-agency.gov.uk.

Contact the Environment Agency

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