England: RPS temporary enforcement flexibility for exceedance of waste wood storage limits

The Environment Agency published Regulatory Position Statement 361 on 16 December 2025.

It applies to operators in England who temporarily need to exceed permitted waste wood storage limits at energy from waste incineration, biomass, or panel board plants due to unplanned downtime and lack of contingency capacity.

The RPS allows temporary continued storage without enforcement action if all other site and RPS conditions are met.

Operators must notify the Environment Agency before first use. The statement does not change legal obligations. More information is available here.

RPS 361 covers temporary exceedances of permitted waste wood storage limits. Operators can continue storing waste wood temporarily without immediate enforcement if all requirements of this RPS are met.

This includes storing waste wood securely within the permitted site boundary, following a ‘first in first out’ principle, keeping records for two years, and obtaining written agreement from the Environment Agency before using the RPS.

Operators must not operate above permitted limits, store wood waste other than that listed in their permit, store more or different wood waste than agreed in writing, or store waste for longer than authorized.

All activities must comply with site-specific and fire prevention requirements and must not cause pollution or harm to human health.

Operators planning to use this RPS must notify the Environment Agency before first use by emailing wastetreatment@environment-agency.gov.uk with ‘RPS 361’ in the subject line.

The notification should include the operator name, permit number, site name and address, the type and amount of waste wood to be stored above permitted limits, where and how the wood will be stored, the expected duration of exceedance, control measures to minimize fire and dust risk, and the circumstances leading to the request.

Records demonstrating compliance with this RPS must be kept for at least two years and made available to the Environment Agency on request.

RPS 361 will remain in effect until 31 July 2026 but may be amended or withdrawn earlier. Operators who cannot comply must stop the relevant activities immediately and notify the Environment Agency.

The RPS is temporary and does not change legal obligations. It clarifies how the Environment Agency intends to exercise enforcement during this period.

Sources :

Environment agency – Guidance – Exceeding waste wood storage limits at permitted sites: RPS 361 – Published Dec 2025