Guidance

Storing, treating and using asphalt waste: RPS 157

Updated 25 June 2025

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit when you store and treat bitumen-based asphalt waste (BBAW) (waste code 17 03 02) or asphalt waste containing coal tar (AWCCT) (waste code 17 03 01*) either:

• at a site with a Part B mobile plant permit
• when you use treated AWCCT in construction activities

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 the storing and treating of:

• AWCCT coded 17 03 01* (bituminous mixtures containing coal tar) which is then used in a cold mix coating process under a Part B mobile plant permit issued by a local authority
• BBAW coded 17 03 02 (bituminous mixtures other than those mentioned in 17 03 01) which is then used in a coating process under a Part B mobile plant permit issued by a local authority

The storage and treatment must be at the same site as, and for, the Part B mobile plant coating activity.

This RPS also applies to the use of AWCCT coded 17 03 01* (bituminous mixtures containing coal tar) in the construction activities covered by this RPS.

Conditions you must comply with to store and treat BBAW or AWCCT

You must:

• store and treat AWCCT coded 17 03 01* separately from other waste and on an impermeable surface with sealed drainage
• crush, grind, screen or grade BBAW or AWCCT in a Part B mobile plant permitted by a local authority
• operate any subsequent coating activity at the same site under a Part B mobile plant authorisation
• 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 tell the Environment Agency each time you use this RPS for storage and treatment. Email wastetreatment@environment-agency.gov.uk with ‘RPS 157’ in the subject and provide the:

• site address and grid reference
• site operator name and contact details
• maximum quantity of BBAW and or AWCCT you will store at any one time under this RPS
• maximum quantity of BBAW and or AWCCT you will treat at this site under this RPS

You must not:

• store or treat any type of asphalt waste intermittently or continuously at the same site for more than 12 months in any 3-year period
• store more than 500 cubic metres of AWCCT coded 17 03 01* (or 1,000 cubic metres when stored under cover) at any one time, or 20,000 tonnes within 12 months
• store more than 50,000 tonnes of BBAW coded 17 03 02 within 12 months

Conditions you must comply with to use treated AWCCT

You must only use treated AWCCT:

• in construction activities for hard paving structures such as roads, pavements, footways, car parks or airfields
• in bound sub-surface layers, for example sub-base, base and binder layers
• if it has been treated to meet the requirements of clause 948, ex-situ cold recycled bound material, within the Manual of Contract Documents for Highway Works (MCHW) Volume 1 Specification for Highways Works Series 900, or BS 9228: Recycling of roads and other paved areas using bitumen emulsion, foamed bitumen or hydraulic material. Materials, production, installation and product type testing

You must not use treated AWCCT in:

• surface applications
• minor highway repair works (for example pothole filling)
• the manufacture of blocks or concrete products

You must submit quarterly hazardous waste consignee returns in line with the hazardous waste consignee returns guidance.

Things to note

If you cannot meet the conditions in this RPS you must apply for an environmental permit.

The lifting, storage, treatment and reuse of asphalt at the same site, for example the same stretch of road, are not waste activities and therefore not subject to waste management controls. However, these activities may need a Part B mobile plant permit from a local authority.

The treatment of AWCCT at a site is usually authorised by either a:

• Part A authorisation under Section 5.3 and the storage under Section 5.6 Part A(1) of Schedule 1 of the Environmental Permitting Regulations 2016 (as amended)
• Part B installation permit under Section 3.5 of Schedule 1 where the activity does not fall into Part A(1) Section 5.3 and or Section 5.6, because of the capacity threshold

The coating of BBAW coded 17 03 02 (or recycled roadstone which meets the aggregates from inert waste quality protocol standard) at a site is usually authorised by a Part B permit issued by a local authority under Section 3.5 of Schedule 1 of the Environmental Permitting Regulations 2016 (as amended). You also need a waste operation permit from the Environment Agency for the storage and treatment by crushing, screening and blending of BBAW prior to the coating.

When coating of BBAW coded 17 03 02 (or recycled roadstone) is authorised by a Part B mobile plant, you need either:

• to meet the conditions in this RPS
• a waste exemption
• a waste operation permit

for the temporary storage and treatment by crushing, screening and blending of BBAW prior to the coating. A T5 waste exemption can be used, on the site where the waste is produced or is to be used. The T5 allows storage and treatment by crushing, screening and blending of asphalt waste coded 17 03 02, prior to use in a Part B mobile plant coating process at the same site.

If you cannot meet the conditions in this RPS or waste exemption, you will need a waste operation permit for the temporary storage and treatment by crushing, blending and screening of BBAW.

An impermeable surface means for example, concrete or an impermeable geotextile membrane, with sealed drainage. A sealed drainage system is impermeable – it does not leak. It ensures that:

• no liquid will run off the surface otherwise than via the system
• except where they may lawfully be discharged to foul sewer, all liquids entering the system are collected in a sealed sump

The temporary storage of BBAW and AWCCT pending recovery elsewhere can be covered by an S2 waste exemption, subject to the exemption requirements.

For more information see the guidance on waste exemptions and environmental permits to store, treat and use BBAW.

For quarterly hazardous waste consignee returns submissions, treated AWCCT is still classified as 17 03 01* after treatment, and the use of this waste is an R5 activity.

A new version of the MCHW will be published in 2025. The relevant clauses in this document are expected to be CC201.10 and CC202.6.

When you must check back

The Environment Agency intends to review this RPS by 31 December 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.

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 enquiries@environment-agency.gov.uk with ‘RPS 157’ in the subject

Contact the Environment Agency

If you have any questions about this RPS email enquiries@environment-agency.gov.uk with ‘RPS 157’ in the subject.