This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store and shred electronic data storage media (such as hard disk drives, solid state drives, memory sticks, circuit boards or similar items) containing confidential or sensitive material for the purposes of data security and destruction only.

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

1. Activity this RPS applies to

This RPS applies to storing and shredding electronic storage media containing confidential or sensitive material for data security and destruction only.

This RPS cannot be used at a permitted facility.   

2. Conditions you must comply with

You must:

• only store and shred up to 5 tonnes of electronic data storage media at any one site in any 12 month period 

• only shred electronic data storage media

• only shred whole appliances or equipment (such as phones, laptops, tablets) with embedded electronic data storage media that cannot be easily removed, after batteries and screens have been manually removed before shredding

• only shred electronic data storage media or associated whole appliances and equipment which contains confidential or sensitive material for the purposes of data security and destruction in line with a relevant standard – such as BS EN15713:2023, Centre for the Protection of National Infrastructure (CPNI) standard April 2014 by National Protective Security Authority (NPSA), or equivalent

• use equipment with appropriate abatement to prevent or minimise the release of dust and noise  

• treat any shredded output containing plastic (including printed circuit boards) as persistent organic pollutants (POPs) waste unless you have firm evidence to the contrary

• POPs waste must be sent to a facility that will make sure it is irreversibly transformed or destroyed

• send the shredded waste outputs to an appropriately permitted facility

• comply with the regulations on managing hazardous waste by consigning hazardous waste following collection and transfer

• keep records for 2 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

You must tell the Environment Agency before you use this RPS by emailing wastetreatment@environment-agency.gov.uk with:

• ‘RPS 309 – secure shredding’ as the subject of the email
• your business name and contact details
• details of whether you shred at a fixed site (or sites) or whether you provide a mobile service or both
• the address of the site(s) if you shred at a fixed site or sites

You must not recycle any waste containing POPs or mix POPs waste with other wastes for the purposes of dilution. POPs waste must be separated and sent for destruction via incineration or irreversible transformation.

3. Things to note

“Electronic data storage media” is physical media used to store electronic data (such as hard disk drives, solid state drives, memory sticks, circuit boards or similar items).

This RPS applies to storage and shredding which must be carried out at the waste producers site or contractors site by fixed or mobile equipment. Storage under this RPS only applies to offsite temporary storage pending treatment. Storage and other ancillary pre-treatments at the site of production such as degaussing or puncturing of hard disk drives are covered under the non waste framework directive (NWFD) 2 Waste exemption: NWFD 2 temporary storage at the place of production), as the composition of the waste is unchanged following these treatments.

Any shredding of whole WEEE items for other purposes than data destruction is outside the scope of this RPS and requires an environmental permit Waste: environmental permits. 

The European Waste Catalogue (EWC) waste code for hard drives and other components removed from WEEE items is either 16 02 15* or 16 02 16 prior to shredding. Following shredding the outputs should be coded as 19 02 04*.

See how to identify and classify waste containing persistent organic pollutants (POPs).

This RPS relates to an activity that the Environment Agency considers is potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016.

4. When you must check back

The Environment Agency will review this RPS by 24 January 2028.

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.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

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 emailing wastetreatment@environment-agency.gov.uk and put ‘RPS 309 shredding electronic storage media’ in the subject

6. Contact the Environment Agency

If you have any questions about this RPS email wastetreatment@environment-agency.gov.uk and put ‘RPS 309 shredding electronic storage media’ in the subject.