Guidance

Temporary waste temperature exchange equipment (WTEE) storage due to national treatment capacity constraints: RPS 375

Updated 31 July 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 requests for temporary waste temperature exchange equipment (WTEE) storage in response to current national treatment capacity constraints. This can be either at existing permitted sites or unpermitted sites within the specific conditions of the RPS.

2. Conditions you must comply with

2.1 Local authorities

This condition applies if you are a waste collection authority or waste disposal authority, or their nominated contractor, that collects or disposes of WTEE under Section 45 or 51 of the Environmental Protection Act 1990.

Before you use this RPS you must notify the Environment Agency by email at wastetreatment@environment-agency.gov.uk. Include the:

• site name
• site location
• maximum tonnage of WTEE that will be stored on site at any one time

You do not need to provide further information or get the Environment Agency’s written agreement. However, you must have the following available on request:

• a site plan showing storage location, tonnage and number of units
• a plan showing nearby sensitive receptors and prevailing wind direction
• details of storage site infrastructure, containment and drainage, including for fire water runoff – all storage areas must be in a building or on impermeable pavement with sealed drainage (defined in the ‘Things to note’ section)
• if your site is permitted, a fire prevention plan that covers the additional storage arrangements

You must also:

• be the legal operator of the site, in control of day-to-day operations, and liable for any incidents and site clearance
• store and handle WTEE in compliance with the appropriate measures guidance for WTEE – specifically sections 3 and 4 (excluding the WTEE 3 months storage limit) to prevent damage to the cooling circuit, foam or casing and escape of coolant, oil or blowing agent
• store units in blocks up to a maximum of 3.6m high and 450m³ volume
• for outside storage, provide a minimum separation distance of 3m between blocks and 6m from a building
• for indoor storage, provide a minimum separation distance of 6m between blocks, unless suitable fire walls or suppression systems are provided to reduce this to 3 metres
• where a specific separation distance or sealed drainage measure is not achievable on site, use alternative measures that achieve the same level of environmental protection
• 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 

If your site is not permitted, you must have a management plan which includes the following minimum fire prevention measures:  

• store waste securely
• keep blocks and minimum separation distances to those specified in this RPS
• provide 24-hour fire detection and monitoring
• ensure a usable fire hydrant, or other continuous water source, is within 100m of the site
• designate a quarantine area with capacity for 50% of the largest block

You must not:

• treat any WTEE stored under this RPS
• store more than 2,000 tonnes of WTEE at any one time

2.2. All other operators

This condition applies to all other operators outside of those defined in section 2.1.

You must notify the Environment Agency and get written agreement before you use this RPS to store WTEE. Notify the Environment Agency by email at wastetreatment@environment-agency.gov.uk and include:

• your site plan showing storage location, tonnage and number of units requested
• a plan showing nearby sensitive receptors and prevailing wind direction
• current permitted site details and site inspector, or T11 exemption site details
• details of storage site infrastructure, containment and drainage, including for fire water runoff – all storage areas must be in a building or on impermeable pavement with sealed drainage (defined in the ‘Things to note’ section)
• confirmation that you are the legal operator for the site, in control of day-to-day operations, and liable for any incidents and site clearance
• details of your contractual arrangements with a permitted treatment facility or export arrangements in place for onward treatment
• confirmation that storage and handling will comply with appropriate measures guidance for WTEE – specifically sections 3 and 4 (excluding the WTEE 3 months storage limit) to prevent damage to the cooling circuit, foam or casing and escape of coolant, oil or blowing agent
• confirmation that units will be stored in blocks up to a maximum of 3.6m high and 450m³ volume
• for outside storage, confirmation that you will provide a minimum separation distance of 3m between blocks and 6m from a building
• for indoor storage, confirmation that you will provide a minimum separation distance of 6m between blocks, unless suitable fire walls or suppression systems are provided to reduce this to 3m
• where a specific separation distance or sealed drainage measure is not achievable on site, proposals with supporting justification for alternative measures which achieve the same level of environmental protection

You must also:

• if your site is permitted, submit a fire prevention plan that covers the additional storage arrangements
• if your site is unpermitted, register a new T11 exemption 
• 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 

If your site is unpermitted, you must provide a plan which includes the following minimum fire prevention measures:  

• store waste securely
• keep blocks and minimum separation distances to those specified in this RPS
• provide 24-hour fire detection and monitoring
• ensure a usable fire hydrant, or other continuous water source, is within 100m of the site
• designate a quarantine area with capacity for 50% of the largest block

You must not:

• store any WTEE without prior written approval under this RPS
• treat any WTEE stored under this RPS
• store more than 2,000 tonnes of WTEE at any one time at an unpermitted site with a newly registered T11 exemption

3. Things to note

A ‘sealed drainage system’, in relation to an impermeable surface, means a drainage system with impermeable components which does not leak and which will ensure 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

WTEE are items that contain volatile refrigerant gases or insulating foam blowing agents, including:

• fridge and freezer appliances – domestic, commercial and industrial units (for example, fridges, chest freezers, chilled display cabinets), including insulation panels and doors removed from appliances and cold rooms
• air-conditioning appliances, excluding permanently installed fixtures in buildings and large industrial fixtures
• heat pumps
• heat pump tumble-dryers, including combined washer-dryers
• de-humidifier appliances
• appliances that dispense cold products (for example, water coolers, ice cream makers and ice cube dispensers)

Based on an average fridge weight of 50kg, 2,000 tonnes equates to approximately 40,000 units (or 44 blocks at 450m³).

Fire hydrants should be capable of delivering a reasonable flow of water if they:

• conform to British Standard 750 or equivalent
• are within 100m of the site access
• are regularly serviced and maintained by the fire and rescue service or other suitably qualified provider

If you are relying on a water supply from open sources such as ponds, canals and rivers, you must take the seasons into account to make sure an adequate supply is available. You must consider the practicalities of the fire and rescue service being able to access water supplies.

For permitted sites, this RPS allows operators to temporarily exceed their storage quantity and storage duration limits for WTEE, provided they meet the conditions of this RPS.

If your site is permitted, the Environment Agency will recover costs for:

• any work to assess and approve your fire prevention plan
• additional site visits to check compliance under this RPS

Permit holders are liable for cost recovery in line with the Environment Agency’s time and materials charges. This is currently £103.80 per hour. 

Cost recovery for unplanned compliance work and approval of plans required by permit conditions are set out in sections 6.5 and 6.6 of Environmental permits: when and how you are charged.

You can appeal any regulatory decision made under this RPS through the regulatory appeals process.

4. When you must check back

The Environment Agency will continue to monitor WTEE treatment capacity and intends to review this RPS by 1 April 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 have 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:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately by contacting wastetreatment@environment-agency.gov.uk with RPS 375 in the subject

6. Contact the Environment Agency

If you have any questions about this RPS, email wastetreatment@environment-agency.gov.uk with RPS 375 in the subject.