Guidance

Pilot for storing backhauled cans of waste paint at distribution centres: RPS 363

Published 20 January 2026

Applies to England

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
• register an activity as exempt where you are required to do so

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 pilot for storing and visual sorting of waste paint cans (waste codes 20 01 28, 20 01 27*, 08 01 12, 08 01 11*, 15 01 02, 15 01 04 and 15 01 10*) at distribution centres. It applies where the waste paint cans have been collected from a manufacturer, retailer or wholesaler as part of a trade and householders take-back scheme.

2. Conditions you must comply with

You must:

• only store cans of waste paint at a distribution centre that have been collected from trade or householders by manufacturers, wholesalers, or retailers take-back scheme
• store cans of waste paint upright with secured lids, in covered secure storage containers that prevent the escape of paint
• store the secure storage containers containing cans of waste paint on impermeable pavement with sealed drainage
• store cans of hazardous waste paint and non-hazardous waste paint separately
• ensure the priority is for the paint and paint tins to be recovered, with disposal being a last resort
• for consignee returns of the hazardous waste paint, enter ‘RPS 363’ followed by the postcode of the receiving site in the permit field
• 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 not:

• decant paint from their cans and bulk up in larger containers
• store more than 50m³ of cans of non-hazardous waste paint at any one time
• store more than 50m³ of cans of hazardous waste paint at any one time
• store paint containing lead, marine and motor industry paints, industrial paints, aerosol paints, hobby DIY products or non-paint products (for example, paint thinners or adhesives)
• store paint for longer than 4 months

3. When you must check back

The Environment Agency intends to review this RPS by 1 August 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.

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.

4. 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 contacting enquiries@environment-agency.gov.uk with RPS 363 in the subject

5. Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 363 in the subject.