Guidance

Using R134a gas recovered from end of life vehicles (ELVs): RPS 226

Updated 3 January 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have or comply with an environmental permit for a waste operation when you reuse waste R134a air conditioning gas to recharge air conditioning systems.

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 use of recovered R134a gas from ELVs:

  • to recharge air conditioning systems in other vehicles at the site where the R134a gas was recovered
  • to recharge air conditioning systems in other vehicles at garages and vehicle service or repair centres
  • in equipment other than vehicle air conditioning

Garages and vehicle service or repair centres must be occupied and operated by the person who purchased the recovered R134a gas.

Conditions you must comply with

You must have an environmental permit to depollute ELVs if you recover R134a gas from an ELV.

You must  only recover R134a gas from ELVs into appropriate refillable containers that:

  • prevent R134a gas from escaping
  • are clearly marked as containing R134a gas

You must only sell recovered R134a gas:

You must keep records for 5 years to show that you have complied with this RPS and make these records available to the Environment Agency on request. Records must include:

  • the F gas certificate number or mobile air conditioning (MAC) attestation of the buyer
  • the quantity of R134a gas that was purchased
  • the date the R134a gas was purchased

You must not:

  • release R134a gas to the environment
  • recharge an conditioning system without the correct appropriate qualifications to work with F gas and appropriate specialist equipment
  • charge R134a gas into a vehicle air conditioning unit that has an abnormal leak
  • sell to individuals for use

Things to note 

R134a gas that has been recovered may no longer be classed a waste, if it meets all the conditions of the end of waste test set out in Article 6(1) of the Waste Framework Directive.

To find out if recovered R134a gas has achieved end of waste status, read the Environment Agency’s guidance on how to check if your material is waste.

R134a gas which does not achieve end of waste status remains waste. It is a hazardous waste and full hazardous waste controls apply. You must describe, move and treat waste R134a air conditioning gas in line with the Hazardous Waste (England & Wales) Regulations 2005. Check the guidance on hazardous waste for more information.

When you must check back

The Environment Agency will review this RPS by 1 December 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.

If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

Contact the Environment Agency

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