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

Closes 30 Jun 2025

Glossary

Term 

Description 

CAR 

Water Environment (Controlled Activities) (Scotland) Regulations 2011 as amended in 2013, 2017 and 2021 

CAS 

Compliance Assessment Scheme 

Category 1 environmental event 

Events that are likely to have caused the most serious environmental harm. 

Category 2 environmental event 

Events where more serious environmental harm has or is likely to have occurred. 

Category 3 environmental event 

Events likely to have resulted in localised, minor effects. 

Category 4 environmental event 

Events likely to have immediately self-resolved or caused no ascertainable impact. 

Compliance recovery plan 

A plan that includes reasonable steps to resolve non-compliance in a timely manner. 

Compliance issues 

An operator is found to be either ‘non-compliant’ or ‘major non-compliant’.  

Compliance verification 

Checking compliance with a legal environmental requirement (this could be planned or reactive). 

Compliant 

Full compliance with authorisation conditions, environmental legal requirements and payment of annual charges. 

EASR 

Environmental Authorisations (Scotland) Regulations 2018 This includes activities we regulate involving the use of radioactive substances.  It is expected that EASR will be amended in November 2025 to include activities we currently regulate under CAR, PPC and WML (activities we regulate for water, industrial activities and waste management). 

Environmental event 

An incident that has either caused or is likely to have caused environmental harm. 

Environmental harm 

We use the same definition of ‘environmental harm’ as Section 17(2) of the Regulatory Reform (Scotland) Act 2014.  

Environmental harm means: 

a) Harm to the health of human beings or other living organisms. 

b) Harm to the quality of the environment, including: 

  • i. Harm to the quality of the environment taken as a whole
  • ii.Harm to the quality of air, water or land, and 
  • iii. Other impairment of, or interference with, ecosystems

c) Offence to the senses of human beings. 

d) Damage to property, or 

e) Impairment of, or interference with, amenities or other legitimate uses of the environment. 

Environmental performance rating 

There are three environmental performance ratings: ‘Good’, ‘Below Expectations’ or ‘Unacceptable’. 

EPAS 

Environmental Performance Assessment Scheme 

General Binding Rules 

General Binding Rules (GBRs): are mandatory rules that apply to low-risk activities described in the Regulations. With the exception of agricultural GBRs, these low-risk activities are generally not included in our planned inspection programme. However, there are occasions where we may identify compliance issues e.g. as part of our response to an environmental event. Where compliance issues are identified, we intend to include these in EPAS.   

Major non-compliance 

An operator was found to be ‘Major non-compliant’.  

Major non-compliant 

Non-compliance with an authorisation condition and/or environmental legal requirement that is of higher environmental significance. Very late or non-payment of annual charges.  

Notification 

Notification is a type of authorisation. Notifications are for lower-risk activities where we do not need to decide whether to grant or refuse an activity, but we must be notified the activity is being carried out and who is carrying out the activity. Compliance verification for notifications means checking operators have told us they will be doing that activity. It is our intention to assess notification non-compliance as part of EPAS.  

Non-compliance  

This can mean an operator was categorised as ‘Non-compliant’ or an operator was found to be non-compliant generally (categorised as ‘Non-compliant’ or ‘Major non-compliant’). 

Non-compliant 

Non-compliance with an authorisation condition and/or environmental legal requirement that is generally of lower environmental significance. Late payment of annual charges. 

Operator 

Relevant authorised person, business or organisation. 

Our 

The Scottish Environment Protection Agency 

Our environment 

Scotland’s environment 

Permit 

Permit is a type of authorisation. Permits are for higher risk or non-standard activities. A permit may include Standard Conditions, and any other conditions that we believe are required to mitigate the risk of environmental harm from the activity (these are referred to as bespoke conditions). Compliance verification means checking that permit conditions have been met. This could include limits for discharging substances, providing data at specified times, having appropriate management plans in place and paying fees. A performance rating will be calculated for all operators that hold permits. 

PPC 

Pollution Prevention and Control (Scotland) Regulations 2012 

Priority site 

Where the relevant operator remains Unacceptable for more than 90 days with no compliance recovery plan in place and / or is causing category 1 or 2 environmental harm. 

REACH 

Registration, Evaluation, Authorisation and Restriction of Chemicals 

Registration  

Registration is a type of authorisation. Registrations are for lower risk activities that require a simple assessment prior to us deciding whether to grant or refuse the activities. Registrations are issued to the authorised person with Standard Conditions.  Compliance verification means checking that the standard conditions have been met. A performance rating will be calculated for all operators when we check compliance. 

Regulatory regime 

SEPA’s functional approach to splitting up regulated activities, such as by water, waste, industrial activities, radioactive substances. 

SAC 

Special Area of Conservation 

SEPA 

Scottish Environment Protection Agency  

Types of authorisation 

General binding rule, Notification, Registration, Permit 

We 

The Scottish Environment Protection Agency 

WML 

Waste Management Licensing (Scotland) Regulations 2011