Environmental Performance Assessment Scheme (EPAS) - a fair way to report performance
Annex 2: Regimes planned for inclusion in EPAS in future
Table A2: Other regimes that include activities that we regulate and are intended to be included in EPAS in future.
|
Regime |
Description of controlled activities |
Relevant legislation |
|---|---|---|
|
(DRS) |
Forthcoming requirement to operate a refundable deposit system for single use drinks containers. Obligations will apply to any person who produces, imports, markets or sells in-scope single use containers to Scottish consumers. DRS will be overseen by a scheme administrator who will have key regulatory obligations. |
The Deposit and Return Scheme for Scotland Regulations 2020 as amended in 2022 and 2023 and 2025. The Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025. |
|
Digital Waste Tracking |
Mandatory requirement to use UK Digital Waste Tracking Service to allow waste movements to be tracked across the UK, help waste producers and waste managers comply with their Duty of Care, and notify SEPA of Green List Waste exports. |
Digital Waste Tracking (Scotland) Regulations – under development. |
|
Duty of Care |
Duties contained in s34 of the Environmental Protection Act 1990, that must be complied with by anyone who produces, keeps, imports, or manages controlled waste in Scotland. Further guidance on these obligations can be found in the statutory code of practice: Duty of care: code of practice for managing controlled waste. |
Environmental Protection Act 1990 (as amended) |
|
Activities that produce greenhouse gases like carbon dioxide or nitrous oxide. Includes energy industries, production and processing of metals, mineral industries e.g. production of cement, lime, glass, glass fibre, timber processes, production of acid or chemicals. |
||
|
(F gases) |
F gases are powerful greenhouse gases. Operators who:
|
|
|
Environmental Authorisations (Scotland) Regulations – new activities |
Activities that are expected to be included in the Environmental Authorisations (Scotland) Regulations that we do not currently regulate and are not expected to come into force until April 2028. This includes:
|
Expected to apply in April 2028. |
|
Materials recovery |
The Code of Practice on Sampling and Reporting at Materials Facilities applies to anyone operating an in-scope Materials Facility. |
Prepared under section 34(7) of the Environmental Protection Act 1990 (as amended). |
|
Persistent Organic Pollutants (POPs) |
Operators who collect, transport, store, treat, or dispose of any wastes containing Persistent Organic Pollutants (POPs) above the specified in the UK POPs Regulations, must comply with the requirements set out in Section 7 of these regulations and in SEPA’s associated guidance. |
|
|
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) |
Chemical substances that are manufactured in or imported to Great Britain. Includes:
A substance that makes up an “article” that is produced with a special shape, surface or design for example a car, furniture or clothes. |
GB REACH Regulation (EC) No 1907/2006 REACH The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 The REACH Enforcement Regulations 2008 and subsequent amendments |
|
We are responsible for regulating reservoir safety. Controlled reservoirs must be registered with us and supervised and inspected in accordance with statutory requirements, with any safety measures implemented as directed. |
Reservoirs (Scotland) Act 2011 |
|
|
All special (hazardous) waste produced in Scotland must be consigned using a special waste consignment note (SWCN) bearing a unique SEPA-issued code, regardless of its final destination within the UK. |
||
|
Import and export of waste from the UK. |
The Transfrontier Shipment of Waste Regulations 2007 |