Guidance

Storing cans of waste paint collected by take-back schemes: RPS 267

Published 8 January 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have and comply with an environmental permit for a waste operation or an S2 exemption when you store cans of waste paint.

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

1. Activity this RPS applies to

This RPS applies to the temporary storage and visual sorting of cans of waste paint (waste codes 20 01 28 and 20 01 27*). The cans of waste paint must have been collected through a manufacturer, retailer or wholesaler take-back scheme.

The paint cans must contain paint that is intended for either reprocessing into emulsion paint for resale, or for energy recovery.

The storage of the cans of waste paint must take place at either:

• a distribution depot operated by a paint retailer, wholesaler or distributor
• a site which has a bespoke waste operation permit or standard rules permit for the storage and transfer of non-hazardous waste, but which does not include waste code 20 01 28 or 20 01 27*

2. Conditions you must comply with

You must:

• only store cans of waste paint that have been collected through a manufacturer, wholesaler, or retailer take-back scheme
• make sure lids are secure on the cans of waste paint
• make sure the cans of waste paint are stored upright in covered or lidded secure storage containers, or in stillages that prevent the escape of paint
• store the containers or stillages containing cans of waste paint on impermeable pavement with sealed drainage
• store cans of waste emulsion paint intended for reprocessing into new paint separately from cans of waste paint that are destined for energy recovery
• only send paint intended  for energy recovery to an incinerator which has R1 recovery status  
• enter RPS 267 followed by the postcode of the receiving site in the permit field for consignee returns
• keep records for 3 years to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must email wastetreatment@environment-agency.gov.uk before you use this RPS. Include:

• ‘RPS 267’ in the subject line
• the name and address of the distribution depot or permitted transfer site where the cans of waste paint will be stored
• details of the take-back scheme which is collecting the paint
• details of the permitted sites where the stored cans of waste paint will be sent for reprocessing into new emulsion paint, or the energy recovery site

You must not:

• store paint in cans if they have not been collected through a manufacturer, wholesaler, or retailer take-back scheme
• store more than 50m³ of cans of waste emulsion paint for reprocessing into paint at any one time
• store more than 50m³ of cans of waste non-emulsion paint for energy recovery at any one time
• store cans of non-emulsion paint unless they are intended for a plant which has R1 energy recovery status
• store paint containing lead, or paint for specialist or industrial use (for example, anti-fouling paints or vehicle spray-paints)
• store paint for longer than 6 months

3. When you must check back

The Environment Agency will review this RPS by 31 October 2025.

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.

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 emailing wastetreatment@environment-agency.gov.uk with ‘RPS 267’ in the subject line

5. Contact the Environment Agency

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