Environmental Performance Assessment Scheme (EPAS) - a fair way to report performance​ 

Closes 30 Jun 2025

This service needs cookies enabled.

Section 9: Applying the Environmental Performance Assessment Scheme.

Section 9.1: EPAS rules

A house infographic. The three parts of EPAS, compliance, time and harm are displayed as pillars. EPAS is the roof of the house.

Figure 10: The three parts of EPAS.

The environmental performance rules can be viewed in figure 2, section 5 and table 4 below. We think these rules are fair and proportionate. There are three key areas to environmental performance: compliance category, time taken to resolve non-compliance and environmental harm caused and the rules reflect these. 

Compliance: One major non-compliance means the best rating an operator can achieve is ‘Below expectations’. A repeat major non-compliance of the same authorisation condition demonstrates appropriate action to avoid this happening again was not taken, so the best rating an operator can achieve is ‘Unacceptable’. 

Time: Taking longer than 30 days to resolve a compliance issue would result in an environmental performance rating being downgraded (from ‘Good’ to ‘Below expectations’ or from ‘Below expectations’ to ‘Unacceptable’). Taking longer than 180 days (approximately 6 months) to resolve a compliance issue downgrades the environmental performance rating from ‘Below expectations’ to ‘Unacceptable’. 

Environmental harm: Causing a Category 1 or 2 environmental event equates to ‘Unacceptable’ environmental performance. 

Table 4: Overview of the environmental performance rules and associated environmental performance rating. 

Number Environmental performance rules Environmental performance rating

1

No compliance issues identified. 

GOOD 

2

Non-compliance identified and resolved within 30 days. 

GOOD 

3

Non-compliance identified that took between 30 and 180 days to resolve. 

BELOW EXPECTATIONS 

4

Non-compliance identified that took more than 180 days to resolve. 

UNACCEPTABLE 

5

Major non-compliance identified and resolved within 30 days. 

BELOW EXPECTATIONS 

6

Major non-compliance identified that took more than 30 days to resolve. 

UNACCEPTABLE 

7

Major non-compliance where the same cause is repeated*. 

UNACCEPTABLE 
8

Caused a Category 1 or 2 environmental event. 

UNACCEPTABLE 

* A 365 day look back will be used to calculate when a repeat compliance issue occurs. 

Section 9.2: When will the environmental performance rating be calculated and how long will it last?

The environmental performance rating is always calculated and published at the end of the 28 day appeals window (see section 11: Appeals), even if an operator is found to be fully compliant following compliance verification. To ensure real-time relevancy the environmental performance rating will last for: 

  • 90 days from the date it is published OR,

  • If any compliance issues are not resolved by this date, the rating will be extended until the date that we receive evidence that all compliance issues are resolved. A timeline showing how the length of time you are non-compliant for affects your performance rating.Figure 11: How long an environmental performance rating lasts depends on how long it takes an operator to resolve any compliance issues.

We need to be confident that when we publish a ‘Good’, ‘Below expectations’ or ‘Unacceptable’ environmental performance rating, this reflects current environmental performance. This responsive approach is designed to incentivise action. The longer an operator takes to resolve any non-compliance, the longer their environmental performance rating is negatively impacted. If an operator acts quickly to resolve issues, it makes sense that their environmental performance rating is not impacted for an unnecessarily long time period (e.g. until our next compliance verification inspection enables a reassessment of environmental performance). We consider that 90 days is an appropriate period for an environmental performance rating to remain in place. 

To indicate when an environmental performance rating is expected and when it is no longer valid, an environmental performance rating status is provided. This is set out in Table 5. The environmental performance rating status will revert to: ‘No known issues’ following the relevant 90-day period (from the publication date or the date any non-compliance was resolved). 

To ensure real-time relevancy the environmental performance rating will last for 90 days from the date of publication or until the date we receive evidence that any compliance issues are resolved

Table 5: Environmental performance rating status and what this means.

Environmental performance rating status  

What does this mean? 

Why is this beneficial? 

Pending 

A compliance verification activity has been carried out and an environmental performance rating is expected to be published within the next 35 days. 

It is transparent that an environmental performance rating is expected to be published soon. 

Suspended - pending appeal outcome 

A compliance verification activity has been carried out, but some or all aspects are under appeal. 

It is transparent that the environmental performance rating is under appeal and the outcome is not yet known. 

No known issues 

The environmental performance rating is no longer valid. The compliance issues causing an operator to previously be rated as ‘Below expectations’ or ‘Unacceptable’ were resolved, or it has been 90 days since the environmental performance rating was published. A site remains in this status until the next compliance verification activity takes place. 

It is a fair and accurate reflection of the situation. It would be inappropriate to default to ‘Good’ performance. For example, if an operator takes a long time to resolve non-compliance, we cannot assume that there are no new compliance issues on the site. A reassessment of performance would only be generated via the next planned or reactive compliance verification activity. 

 

Section 9.3: Worked examples

The examples below demonstrate how quick action by operators can achieve a better environmental performance rating. 

Example 1 

  • Our compliance verification finds an operator to be ‘Non-compliant’. 

  • The operator takes 20 days to resolve the non-compliance. 

  • The operator is rated as ‘Good’. 

  • The ‘Good’ environmental performance rating lasts for 90 days. 

  • The environmental performance rating expires and reverts to ‘No known issues’ status, see figure 12. A timeline showing what your performance rating will be and how long it will last if you resolve an issue categorised as 'non compliant' within 30 days.

Figure 12: How an operator would be rated where they quickly resolved an issue categorised as ‘Non-compliant’ (example 1). 

Example 2 

  • Our compliance verification finds an operator to be ‘Major non-compliant’. 

  • The operator takes 25 days to resolve the major non-compliance. 

  • The operator is rated as ‘Below expectations’. 

  • The ‘Below expectations’ environmental performance rating lasts for 90 days. 

  • The environmental performance rating expires and reverts to ‘No known issues’, see figure 13. 

A timeline showing what your performance rating will be and how long it will last if you resolve an issue categorised as 'Major non-compliant' within 30 days.

Figure 13: How an operator would be rated where they quickly resolved an issue categorised as 'Major non-compliant'. 

Example 3 

  • Our first compliance verification finds an operator to be ‘Non-compliant’. 

  • The operator takes 160 days to resolve the non-compliance. 

  • The operator is rated as ‘Below expectations’. 

  • The ‘Below expectations’ environmental performance rating lasts for 125 days. 

  • The environmental performance rating expires and reverts to ‘No known issues’, see figure 14. 

  • Our second compliance verification finds an operator to be ‘Compliant’. 

  • The environmental performance rating status changes to ‘Pending’ to indicate an environmental performance rating is due once the time allowed for any appeals has expired. 

  • The operator is rated as ‘Good’. 

  • The ‘Good’ environmental performance rating lasts for 90 days. 

  • Environmental performance rating expires and reverts to ‘No known issues’ (this step is not shown on figure 14). 

A timeline showing what your performance rating will be and how long it will last if you resolve an issue categorised as 'Non-compliant' after 160 days and after a second compliance verification activity later in the year are found to be fully compliant.

Figure 14: Consequences of not resolving an issue categorised as ‘Non-compliant’ for a longer time and the benefits of a performance rating lasting for 90 days or, until we receive evidence that any compliance issues are resolved.

Section 9.4: Environmental performance and enforcement

Environmental performance ratings have no relationship to any decision we take on whether or not to take enforcement action in respect of any breach of legislation. Decisions on enforcement are taken in line with our enforcement policy and enforcement guidance. We assess the specific situation against the factors and guidance contained within that policy and Guidance. We will continue to target operators who persistently refuse to comply and who cause environmental harm. 

Question 9: How well do you understand how we are proposing to assess environmental performance? 

More information

The environmental performance rules can be viewed in figure 2 section 5 and table 4 section 9.1.

Question 10: How far do you agree or disagree that real time relevancy is important to enable everyone to take decisions based on an operators’ environmental performance rating? 

More information

We think that it is important that an environmental performance rating has real time relevancy to enable everyone to take decisions based on that rating. 

Question 11: How far do you agree or disagree that the duration of 90 days is an appropriate timescale for an environmental performance rating to enable real time relevancy?

More information

The Compliance Assessment Scheme that ran from 2009 to 2019 rated an operator for one year and did not change until the following year. We propose that an environmental performance rating lasts for 90 days so that it has real time relevancy but also lasts a sufficient length of time to be meaningful. An operator’s rating will change from ‘Unacceptable’ to ‘No known issues’ after 90 days, subject to all compliance issues being resolved. Equally, where an operator is ‘Good’ their rating will revert to ‘’No known issues’ after 90 days. We think that with easy access to performance history and the fact that a new environmental performance rating will be calculated after every compliance verification activity, a rating that lasts 90 days helps provide an accurate picture of environmental performance. Note, where any compliance issues are unresolved a ‘Below expectations’ or ‘Unacceptable’ will stay in place until we receive evidence that all compliance issues are resolved, see figure 11 (section 9.2).

Question 12: How fair is a 365-day lookback period for assessing repeat compliance issues?

More information

Rule 7: If a major non-compliance is repeated and it is the same cause, environmental performance is rated as ‘Unacceptable’.

Repeat compliance issues can indicate environmental performance issues. This is why we will have a 365-day lookback to assess repeat non-compliance or major non-compliance.

Question 13: How fair do you think the proposed Environmental Performance Assessment Scheme is?