If your business handles waste, discharges to water or air, runs industrial plant, or stores certain materials, the answer may well be yes. The Environmental Permitting (England and Wales) Regulations 2016 (EPR) are among the most widely applicable environmental laws in the UK, and many businesses are caught by them without realising it. Operating a regulated activity without the right permit or exemption is a criminal offence, so it’s worth checking before the regulator asks.
What are the Environmental Permitting Regulations?
The environmental permitting regulations bring several previously separate regimes under a single permitting system. Rather than applying for different licences for waste, industrial emissions and water pollution, operators deal with one framework, overseen by the Environment Agency (EA) in England, Natural Resources Wales (NRW) in Wales, or the local authority for certain lower-risk activities.
The core rule is simple: if you carry out a “regulated facility” activity, you need an environmental permit, or you must qualify for an exemption or exclusion.
Does your business require an environmental permit?
Which activities are regulated?
The regulations cover a broad range of activities. The main categories are:
- Installations: industrial processes with the potential to pollute air, water or land, such as chemical manufacture, metal processing, intensive farming, food and drink production above certain thresholds, and waste incineration.
- Waste operations: treating, storing, recovering or disposing of waste, including scrap metal yards, skip hire, vehicle dismantlers, waste transfer stations and composting sites.
- Mobile plant: equipment used to treat or recover waste on different sites, such as mobile crushers.
- Water discharge activities: releasing trade effluent or other liquids to surface water, sewers in some circumstances, or groundwater.
- Groundwater activities: discharges or activities that could pollute groundwater.
- Medium combustion plants and specified generators: boilers, engines and generators within certain thermal-input ranges, including standby generators used for grid services.
- Solvent emission activities: processes using organic solvents above set thresholds, such as printing, coating and dry cleaning.
- Radioactive substances activities: keeping or using radioactive materials, or disposing of radioactive waste.
- Mining waste operations: managing waste from mineral extraction.
Do I need a permit, an exemption, or nothing at all?
Being in a regulated sector doesn’t automatically mean a full permit. There are usually three outcomes.
1. A bespoke permit. Higher-risk or complex sites typically need a tailored permit with site-specific conditions, monitoring and reporting requirements.
2. A standard rules permit. For lower-risk, well-understood activities, the regulator publishes fixed sets of conditions. These are quicker and cheaper to obtain, but you must be able to meet every rule.
3. An exemption or exclusion. Some low-risk activities, such as certain types of waste storage, reuse or recovery, don’t need a permit but may need to be registered, and must stay within strict limits on waste type, quantity and how it’s handled. Exceeding those limits can take you out of the exemption and into unpermitted operation.
A common mistake is assuming an exemption applies without checking the conditions. Quantity limits, storage time limits and waste codes all matter.
Common situations where businesses get caught out
- A manufacturer storing or treating waste on site beyond exemption limits
- A builder or groundworks firm processing or crushing waste soil or rubble
- A site with a large boiler or generator that reaches medium combustion plant thresholds
- A business discharging site drainage or process water to a watercourse or soakaway
- A company taking over a site and assuming the previous permit transfers automatically
- Businesses that only use a waste carrier and assume permitting isn’t their concern, without checking the duty of care and whether the receiving site is permitted
What if I’m not in England or Wales?
Environmental permitting is devolved, so the rules differ:
- Scotland: regulated mainly under the Environmental Authorisations (Scotland) Regulations 2018, overseen by SEPA.
- Northern Ireland: the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013, overseen by the NIEA.
- Republic of Ireland: a separate system of licences and permits, mainly overseen by the EPA and local authorities.
If you operate across more than one jurisdiction, you can’t assume one approach fits every site.
What are the consequences of getting it wrong?
Operating a regulated facility without a permit, or breaching permit conditions, is a criminal offence. Penalties can include an unlimited fine and, in serious cases, imprisonment. The regulator can also issue enforcement or suspension notices, require remediation, and pursue cost recovery. Beyond the legal risk, non-compliance can affect insurance, contracts, funding and your reputation with customers who ask about environmental credentials.
How to check whether the EPR apply to you
- List your activities. Include not just your main process, but storage, treatment of waste, drainage, heating and power plant.
- Check the thresholds. Many activities only become regulated above a certain quantity, capacity or thermal input.
- Identify your waste streams. Know what you produce, how much, how long it’s kept, and where it goes.
- Check for existing permits or exemptions. Confirm they are current, cover what you actually do, and that you’re meeting every condition.
- Get an independent view. A competent adviser can spot gaps you may not see from the inside.
How we can help
Working out whether the EPR apply is rarely as simple as ticking a box. Our team can review your operations, identify regulated activities, advise on whether you need a permit or qualify for an exemption, and support you through applications and ongoing compliance. Get in touch for an initial conversation about your site.
This article is general guidance and not legal advice. Requirements depend on your activities, location and circumstances.
