14/04/2025

SEPA are launching a consultation on a proposed Environmental Performance Assessment Scheme (EPAS) - a fair way of reporting on how businesses are meeting their responsibilities.

Scotland’s environment is a vital resource for all of us, and the people of Scotland need to be confident that regulated businesses are achieving good environmental performance and our environment is protected from pollution and harm. Compliance with environmental laws is the minimum that businesses should be seeking to achieve.

A clear and consistent performance scheme benefits everyone and SEPA wants feedback from businesses, industry leaders and communities about how we do this.

What is EPAS?

We are consulting on a new way of assessing environmental performance that is designed to drive quick action to resolve issues that could cause harm to communities and nature. We are proposing a responsive scheme that is transparent about when we have checked compliance and what this means for environmental performance.

While SEPA will always use regulatory powers to secure compliance, EPAS will provide greater transparency for the public and provide an additional incentive.

EPAS is designed to consider more than just compliance. It also takes account of the severity any environmental harm caused, and how long it takes an operator to resolve a non-compliance.  

EPAS will provide real-time updates on business environmental performance, replacing outdated annual assessments. The majority of operators in Scotland achieve good environmental performance and the scheme will enable them to demonstrate this, while those falling short will be held publicly accountable faster than ever before. SEPA’s regulatory priority is those businesses who have unacceptable performance with no credible plan to recover compliance. 

The Scheme will support SEPA's approach to regulation and provide a common standard to rate an operator’s environmental performance and secure improvements in compliance.   

An environmental performance rating will not affect any decision about whether to take enforcement action where legal requirements have not been met. 

It is important to note that EPAS has been developed in line with the Scottish regulators’ strategic code of practice.  

This consultation is for everyone with an interest in the environmental performance of the businesses that we regulate. This includes: 

Communities interested in the activities we regulate so their health and local environment are protected and can be used for activities that enhance wellbeing.
Anyone authorised to undertake an activity we regulate and wants to know how they will be assessed for environmental performance and be confident this is fair for all operators. 
Those wishing to use products or services provided by the operators and businesses we regulate.
 

In launching the consultation, David Harley, SEPA’s Acting Chief Officer, Regulation Business and Environment, said: 

“As Scotland’s principal environmental regulator, our job is to ensure Scotland’s environmental laws are complied with. 

“This proposed performance assessment scheme seeks to be fair and transparent. It raises the bar, helping us ensure that Scotland's environment is protected. EPAS is designed to be responsive, benefiting responsible operators who are doing the right thing. 

“However unacceptable performance puts the environment and people at risk. EPAS will shine a spotlight on these operators, giving communities and responsible businesses confidence that action is being taken.”  

How you can help

Please help us to ensure the scheme is effective and robust by visiting SEPA's consultation hub and making your views known, and by sharing the consultation with your constituents, local businesses and communities, including on your social media channels.

The consultation runs from 31st March to 30th June. A series of engagement activities are being planned from late-April to early June to give interested participants an opportunity to find out more. Follow SEPA on social media or sign up to our newsletters to keep up to date with planned engagement.

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