RPS 9: Collect and store mixed fuel from misfuelled vehicles

The Environment Agency for England has issued a new regulatory position statement (RPS 9), which applies to businesses who remove, transport and store mixed fuel from vehicles that have been misfuelled

This RPS will have limited application as it may only impact upon whose businesses who provide services for the removal of mixed fuel from misfuelled vehicles but could have a wider application for any business that may find itself with a misfuelled vehicle.

RPS 9 Conditions
You must:

  1. use collection vehicles that are designed and only used to remove and transport mixed fuel from vehicles that have been misfuelled
  2. make sure the mixed fuels are collected by a fuel tanker that’s approved by the Carriage of Dangerous Goods, or ensure the correct thresholds apply for the mixed fuel to be transported as a ‘small load’
  3. only store mixed fuel in tanks or containers that comply with BS EN 12285-2:2005 for below ground tanks, or UL 2085 for above ground tanks
  4. store mixed fuel in a tank or container with a minimum secondary containment volume of 110% of the tank or container
  5. make sure the total capacity of the storage tank or container does not exceed 23,000 litres
  6. only use tanks or containers with an overfill prevention system, such as a high level alarm
  7. make sure that only trained vehicle operators transfer the mixed fuel into the storage tank or container – this must be done using the vehicle’s flame-proof pump and by the end of the working day
  8. have procedures in place to respond to overfill incidents
  9. have an oil spill kit available so vehicle operators can respond quickly to control any spills

Any user of this RPS should ensure that they comply with the Hazardous Waste Regulations and the requirements for Consignment Notes.

You must make sure the tyres do not endanger human health or the environment.
You 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

An RPS means that the Environment Agency will not normally take enforcement action against you provided:

  1. your activity meets the description set out in this RPS
  2. you comply with the conditions set out in this RPS
  3. your activity does not (and is not likely to) cause environmental pollution or harm human health

Time Expiry of RPS
RPS 9 is time-limited and is proposed to be reviewed on 31 December 2020.

A copy of the Environment Agency’s Regulatory Position Statement 9 is freely available here


  1. Review your current activities as a business removing (or needing to have removed) mixed fuel from misfuelled vehicles to understand whether the Environment Agency’s RPS 9 applies to your organisation and activities as a compliance obligation.
  2. If RPS 9 applies to your activities for the removal of mixed fuel from misfuelled vehicles follow the conditions of the RPS.
  3. Check back for any revised guidance with the Environment Agency no later than 31 December 2020
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