Regulatory position statements: what do they allow?

A contractor may tell you that an activity is covered by a regulatory position statement, often shortened to RPS. That can be a relevant explanation, but the phrase alone does not establish what the business can do.

You need the particular statement, its current wording and a clear account of how the activity meets its scope and conditions. A statement explains the regulator’s approach to enforcement. Keep that separate from legislation or an authorisation changing the underlying legal requirements.

This guide explains how to read waste-related statements in England, Wales and Scotland. It offers practical questions for operators and customers, without assuming that every statement works identically. Use our registrations and permits guide for the wider authorisation framework.

What is a regulatory position statement?

A regulatory position statement describes circumstances in which a regulator will not normally take enforcement action concerning a specified requirement, subject to its stated limitations and conditions. It needs to be read as a specific regulatory position rather than a general permission for a business.

For England, the Environment Agency publishes an RPS collection. In Wales, NRW’s explanation of regulatory statements expressly says that they do not disapply the law.

Read the wording closely before deciding that the position fits the activity. An operator needs to identify the requirement addressed, the activity covered and the conditions it must meet. A statement with a familiar material in its title may concern a different source, process or regulatory obligation.

Start by obtaining the exact reference and official link. If the operator says “We operate under an RPS”, ask which one and how its conditions are met.

Does an RPS remove the underlying legal requirement?

No. Read the opening legal explanation in the individual document. For example, the Environment Agency’s RPS 335 on gypsum-based waste states that the permit compliance requirement remains, while describing the circumstances in which enforcement action will not normally be taken.

Describe that limited enforcement position accurately; it is not an unrestricted exemption. The whole facility should not be described as “RPS approved” when the statement addresses only one narrow issue.

As a useful reading exercise, write down two separate points: the legal requirement concerned and the regulator’s stated enforcement position. If you cannot identify both, ask the operator or regulator to explain the relevant passage.

Keep the distinction in customer-facing records too. A short supplier note can accurately say that a specified activity is described as relying on a named statement, without turning that into a claim that the regulator has certified every part of the business.

How does an RPS differ from a waste exemption or permit?

A waste exemption is a defined route under the relevant framework, subject to conditions and, where required, registration. An environmental permit authorises specified activities subject to its conditions. A regulatory statement concerns the regulator’s stated approach to the requirement it addresses.

NRW’s waste authorisation guidance explains these different routes. Do not use the words permit, exemption and statement interchangeably in a supplier file.

The documents may interact. Some statements concern an operator already holding a permit or registered exemption. Others address an activity that would otherwise need a particular authorisation. The individual statement determines the relationship.

For a practical review, map each operation to the basis being relied upon. If storage uses one route and treatment uses another, keep both visible. Our guides to reading permits and checking exemptions explain those separate evidence questions.

How do you identify the activity a statement actually covers?

Read the activity description before the conditions. Establish the waste source, material, process, location and operator category that the document addresses. Then compare those facts with what is happening or proposed.

RPS 335 is a useful example of why a title is insufficient. Its detailed text concerns specified gypsum or cement-based manufacturing wastes and expressly excludes construction and demolition waste. A broad commercial label such as plasterboard recycling could hide that distinction.

Apply the same reading method to your load: check the source and activity restrictions in full. A matching word in the title or text is not enough to establish that the material falls within the statement.

As a recommended note, identify the relevant paragraph and the fact that supports the match. If the source of the waste is unknown, record that gap. Do not solve it by selecting whichever description makes the statement appear applicable.

What conditions should you look for in an RPS?

Read every applicable condition and exclusion. Depending on the statement, relevant matters can include waste types, quantities, treatment methods, storage arrangements, notifications, applications, records and environmental safeguards.

Do not turn that list into a universal checklist of legal requirements. The statement itself determines which conditions apply and how they are expressed. A condition in one RPS does not automatically apply to every other statement.

For an operator, translate each relevant condition into a practical task: who does it, what evidence supports it and what would trigger escalation. For a customer, ask for enough explanation to understand why the proposed activity fits.

A useful comparison is between the procedure and actual operation. A written storage limit means little if nobody can explain how stock is measured. Equally, a well-organised procedure does not expand a waste list. Read the regulatory wording first, then consider how compliance with that wording is demonstrated.

Test an awkward scenario as well as the usual one. If a delivery contains an unexpected material, who decides whether it fits the statement and where is the load held while that question is resolved? A recommended booking procedure should make the applicable restriction visible before acceptance. This helps prevent a carefully written interpretation being undermined by an informal decision at the gate when the person who prepared it is absent.

Do you have to notify the regulator before using an RPS?

Sometimes. Check the individual statement rather than assuming all statements require an application, or that none require contact. The required action may be notification, providing specified information or making a separate authorisation application by a stated date.

For example, RPS 335 includes prior notification and a dated permit-variation requirement. Those are substantive conditions, not optional suggestions to ignore because the document appears in a public collection.

If a supplier says it notified the regulator, ask what was notified and whether that action addresses the relevant condition. An email acknowledging receipt is not automatically a separate permit decision or approval of the entire operation.

For your own records, distinguish notification, application and decision. Label dates by purpose rather than putting them in a single “approved” field. This makes it easier to explain what has happened and what remains necessary.

Can an RPS change the waste codes an existing site relies on?

A statement can address a specific issue concerning waste codes, but that does not mean the permit or exemption has been rewritten. Read exactly how the position relates to the existing authorisation.

The Environment Agency’s RPS 343 on accepting e-bikes illustrates a position concerning specified acceptance under an existing WEEE permit or registered T11 exemption. It includes further conditions and treatment-related instructions.

That example covers only its specified scope; it does not provide a general route for accepting other waste codes absent from a site’s documents. Nor does it let the operator ignore other permit or exemption limits.

When explaining the position, keep the underlying authorisation and statement connected. If a variation is required, track that application separately. Our permit variations guide helps distinguish an issued change from a temporary regulatory position or an application awaiting determination.

Is an RPS review date the same as an expiry date?

No. The Environment Agency’s collection guidance says a passed review date does not automatically end an RPS. It remains in force until removed from GOV.UK or marked withdrawn. An explicit expiry date is different: the position cannot be relied upon after that date.

Read the exact date wording. A target review, intended withdrawal, express expiry and deadline for an operator’s action are different events. Do not combine them in a single calendar field without a description.

For a practical example, an action deadline could require something to be done before a later review date. Checking only the later date would miss the operational requirement.

Keep an internal reminder to revisit the live document, but label it as your review reminder. It should not be presented as an official expiry. Our exemption expiry guide explains the different lifecycle of a registered exemption.

Can a statement be amended or withdrawn before its review date?

Yes. The individual statement explains how it may change. The current e-bike RPS, for example, says the Agency can amend or withdraw its position before the review date.

A saved PDF is therefore useful historical evidence, but it does not prove the position is unchanged today. Check the official live page and any linked document when making a current decision.

If you subscribe to available update notifications, give the mailbox an owner and arrange cover. An alert that nobody reads is less useful than a clear responsibility to assess whether the change affects operations.

When a change matters, compare the old and new wording and explain its practical effect. Avoid simply replacing the saved file without recording that an activity, condition or date changed. That makes later questions about the decision much harder to answer.

Which records should you retain when relying on a statement?

First follow the statement’s own requirements. Retention periods and evidence obligations can differ, so do not copy a generic number from another waste document.

For example, RPS 343 requires compliance records for three years from the last use of that position. Other statements may set different requirements.

Alongside mandatory records, a recommended review note can identify the reference, version checked, relevant activity, conditions and unresolved questions. Keep the official wording accessible so a colleague can trace the conclusion.

Avoid gathering documents without explaining their purpose. An evidence file should show which records demonstrate the waste source, quantities, treatment or notification where those matters are relevant. It should also distinguish evidence supplied by the operator from facts independently checked. That clarity supports a proportionate review without inventing a new statutory reporting format.

Does an English RPS automatically apply in Wales?

No. Use NRW’s current statements and guidance for Welsh activities. A similar waste stream or shared legislative framework does not make an Environment Agency enforcement position transferable by assumption.

NRW’s regulatory statements explanation describes its own approach. It explains the change in naming from regulatory decisions to regulatory statements and how target reviews operate.

Its waste statements collection is the starting point for identifying a relevant Welsh document. Read the actual statement rather than relying on an English reference supplied by a contractor.

For a business operating across the border, record which location and regulator each position concerns. One central policy can still support the organisation, but it needs to preserve national differences. Ask NRW about uncertainty instead of assuming that an English title has an identical Welsh equivalent.

How should you read Scottish waste position statements?

Start with SEPA’s current waste guidance and position statements and the relevant EASR activity information. Identify the actual statement and the Scottish requirement it addresses.

Scotland’s move to EASR means older guidance needs to be connected with current transition information. SEPA’s transition table explains why different legacy categories have different routes and dates.

Do not assume that an English RPS, an old Scottish exemption and a current EASR registration are alternative names for the same thing. Establish the relationship between the particular documents.

For an operator, describe the proposed activity to SEPA if the live guidance does not resolve it. For a customer, ask for that explanation and the exact official basis. Our Scottish authorisations guide helps organise those records without translating them into England and Wales terminology.

What if you can no longer meet a statement’s conditions?

Read and follow its instructions immediately. Some statements expressly require stopping the relevant activity and notifying the regulator when their conditions can no longer be met. Do not assume there is a general grace period.

RPS 343 provides specific instructions for that situation. The exact wording of your own statement remains the reference for the required response.

As a practical contingency plan, identify who can stop the affected operation, manage incoming bookings and contact the regulator. Consider what safe arrangements are needed for material already present, without assuming that stopping acceptance resolves every issue.

If a different authorisation is needed, investigate the appropriate process. Applying for a permit does not automatically recreate the previous enforcement position. Keep the proposal, current operating basis and regulator’s response distinct while the next steps are being resolved.

What should a supplier-checking conclusion say about an RPS?

Keep the conclusion specific enough to be useful. Identify the statement, activity, location, relevant underlying authorisation and date checked. Explain which conditions were considered and where evidence remains incomplete.

For a fictional example, a supplier provides a statement with a matching material description but has not explained the waste source restriction. The review should ask for that source information before concluding that the position fits. It should not treat the title match as approval of the load.

An RPS is also not a substitute for checking the carrier, receiving arrangements or other permissions. The Environment Agency’s collection expressly warns that other activities may still need their own authorisations.

Explain what the statement addresses and how the actual operation fits its terms, using the relevant paragraphs and supporting evidence. If you cannot establish the position, identify and resolve the specific gap before relying on the statement for the proposed activity.

Sources and further reading

• Environment Agency: environmental permitting regulatory position statements.
• Environment Agency: RPS 335, accepting and treating gypsum-based waste.
• Environment Agency: RPS 343, accepting e-bikes at waste treatment sites.
• NRW: regulatory statements, what they are and when they apply.
• NRW: waste regulatory statements.
• NRW: waste activity authorisation routes.
• SEPA: waste guidance and position statements.
• SEPA: EASR transition arrangements.