Ask direct questions about your own reporting — your thresholds, your dates, what you file and when.

Sign up free →

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

WHY REGISTER

Ask these pages about your own company.

  • answers with paragraph citations
  • your dates, from your year end
  • your company record, kept
Sign up free

Free · no card

Everything on this site stays open without an account.

ASK ABOUT YOUR OWN REPORTING

Ask direct questions about your own reporting — your thresholds, your dates, what you file and when.

Sign up free

Free · one email · already registered? Log in

Everything on this site stays open without an account.

Environmental permitting · air emissions

Environmental permitting for air emissions: three regimes, not one

Environmental permitting for air emissions in England and Wales runs on the Environmental Permitting Regulations 2016, which extend to England and Wales only.

Scotland and Northern Ireland use different instruments and regulators, and F-gas and ozone-depleting substances split Great Britain from Northern Ireland instead.

Within England, a permit breach also has a price: the Environment Agency’s compliance score sets next year’s charge.

Extent

What EPR 2016 covers, and where it stops

The Environmental Permitting (England and Wales) Regulations 2016 govern permits for installations, waste operations, water discharges, radioactive substances and combustion plant.

Regulation 1(2) settles their reach in one sentence: “These Regulations extend to England and Wales only.”

Wales has no separate instrument; Natural Resources Wales regulates under this one.

Scotland and Northern Ireland are not running EPR 2016 through local offices; they apply different instruments with different provisions.

Regulation 8(1) lists twelve classes of “regulated facility”, from installations and waste operations to medium combustion plant and specified generators, the last two inserted on 30 January 2018.

SI 2026/873 inserts three more classes, (m) to (o), with the rest of its main amendments, from 22 July 2027.

The wider four-nations picture, checked against each instrument’s own extent clause, is on UK sustainability regimes by jurisdiction.

Sources: SI 2016/1154 reg 1 · SSI 2018/219 · NISR 2013/160
NationInstrumentRegulator
EnglandEPR 2016Environment Agency
WalesEPR 2016Natural Resources Wales
ScotlandEnvironmental Authorisations (Scotland) Regulations 2018, as amendedSEPA
Northern IrelandPPC (Industrial Emissions) Regulations (NI) 2013The chief inspector (NIEA)

Medium combustion plant

Two dates, not one, for each size of plant

MCP compliance runs on a permit deadline and a later emission-limit deadline.

Citing one for the other is the commonest error in this area.

The emission limit values cover sulphur dioxide, nitrogen oxides and dust. Schedules 25A and 25B and reg 12(1A)–(1B) were inserted by SI 2018/110.
Existing MCPPermit in place byEmission limit values fromProvisions
Rated thermal input above 5 MWth (and under 50)1 January 20241 January 2025reg 12(1A)(b); Sch 25A ¶6(3)
Rated thermal input 1 to 5 MWth1 January 20291 January 2030reg 12(1A)(c); Sch 25A ¶6(4)

What counts as an MCP

A combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 megawatts (Sch 25A ¶2(1)).

The Environment Agency’s guidance says that includes the combustion unit, any abatement, the attached stack or flue, and air cooling that is part of the unit.

At 50 MWth and above a plant leaves the MCP regime for the Industrial Emissions Directive’s Part A rules.

What the guidance excludes

Among others: large combustion plant and incinerators under the Industrial Emissions Directive, plant using combustion gases for direct heating or drying, flares, crematoria, and apparatus that propels a vehicle, ship or aircraft.

Source: Medium combustion plant: when you need a permit (applies to England and Wales).

Industrial Emissions Directive

Schedule 7, and only Part A installations

The Industrial Emissions Directive is given effect in EPR 2016 by Schedule 7, “Part A installations: Industrial Emissions Directive”.

Its first paragraph is the scope: “This Schedule applies to every Part A installation.”

It requires the regulator to exercise its permitting functions to secure compliance with a named list of the Directive’s articles, and paragraph 7 requires a permit review whenever an Article 21 trigger applies.

“Part A installation” is not a synonym for “IED-regulated”: Part A(2) installations, regulated by local authorities, and Part B installations, for air only, sit in the same activity list without Schedule 7.

Material from the European Commission or EU law firms on recast deadlines describes EU law, not the rules for a UK Part A installation.

The EU’s 2024 recast does not apply here

Directive (EU) 2024/1785 has no domestic effect in England and Wales.

Schedule 7 still gives effect to Directive 2010/75/EU as it stood at the end of the transition period, subject to UK amendments.

Pollution inventory

A notice-triggered return, three registers

Reporting to a pollution inventory is not automatic, and “the pollution inventory” is not one UK register.

Sources: Environment Agency · SEPA · DAERA. All three treat compiling an emissions inventory as a function of the regulator.
NationRegisterLegal hookWho reports
England and WalesPollution InventoryEPR 2016 reg 61(1) and (4)Part A(1) permit holders served a reg 61(1) notice; also sewage works of 100,000 population equivalent or more, some mines and quarries, radioactive waste disposal
ScotlandScottish Pollutant Release Inventory (SPRI)SSI 2018/219 reg 37(1)Those served a “Regulation 37(1) Notice”
Northern IrelandPollution inventoryNISR 2013/160 reg 32Those served a notice by the Department or an enforcing authority

In England and Wales the hook is a notice power: regulation 61(1) lets the regulator require information “by notice served on any person”, and regulation 61(4) treats compiling an inventory of emissions as one of its functions.

The Environment Agency’s guidance says the reporting period runs from 1 January to 28 February each year.

That window is the regulator’s administrative deadline, set under the notice; it is not printed in regulation 61 itself.

A Part A(2) or Part B permit holder that has never been served a notice has no inventory duty at all.

Scotland’s SPRI and Northern Ireland’s inventory rest on near-identical notice powers in their own instruments, so a Scottish site reports to SPRI, never to the Pollution Inventory under EPR 2016.

Compliance scoring

A breach has a price, even without enforcement

For waste operations and installations permitted under EPR 2016, the Environment Agency scores every non-compliance it records in the compliance year, 1 January to 31 December.

A category 1 breach scores 60 points, category 2 scores 31, category 3 scores 4, and category 4 scores 0.1.

The year’s total puts the site in a band from A (no points) to F (more than 150 points), and the band sets the following year’s subsistence charge, from 95% to 300% of the baseline.

So a single category 1 breach, with no prosecution and no notice, puts a site in band D: 125% of the baseline next year.

Sites in their first year of operation pay 100% of the baseline.

This is the Environment Agency’s scheme for England, set out in its compliance scoring guidance; it is not an ESOS penalty band, which is a different regime entirely.

The calculator applies the bands to your counts.

Compliance score · England, EPR permits

Non-compliances recorded in the compliance year (1 January to 31 December), by risk category.

68 points

Band E (60.1 to 149.9 points): next year’s subsistence charge is 150% of the baseline.

The score moves the charge with no enforcement action at all: one category 1 breach alone puts a site in band D.

Source: Environment Agency, Assessing and scoring environmental permit compliance (applies to England); this tool does not cover Wales, Scotland or Northern Ireland.

Nothing you enter is stored or sent.

F-gas and ozone-depleting substances

Great Britain and Northern Ireland, split a different way

F-gas runs on two layers that should not be collapsed into one citation.

The HFC phase-down and quota system is Regulation (EU) No 517/2014, which applies as retained law in Great Britain; in Northern Ireland EU F-gas law applies under the Windsor Framework.

The Fluorinated Greenhouse Gases Regulations 2015 are the domestic enforcement and certification layer, and regulation 1(2) extends them to Northern Ireland only for import, export and GB–NI trade.

Ozone-depleting substances follow the same split: Regulation (EC) No 1005/2009 is retained law in Great Britain and EU law in Northern Ireland, where the European Commission issues import and export licences.

The domestic Ozone-Depleting Substances Regulations 2015 extend to Great Britain, Scotland included, and reach Northern Ireland only for import and export.

The 79% baseline is contested

GOV.UK guidance gives a 79% HFC cut by 2030 against average use in 2009 to 2012.

The GB-retained Annex V, and Defra’s own Explanatory Memorandum to SI 2023/1161, give 2015 to 2019.

Do not print either baseline without saying which text it comes from.

Source: GOV.UK, F gases

In brief

A 2026 amendment outside the air-emissions space

SI 2026/873 amends EPR 2016 to bring waste carriers, brokers and dealers into permitting through a new Schedule 25D, replacing the registration system.

It was made on 22 July 2026; its interpretation and transitional provisions came into force on 12 August 2026, and the permitting requirement itself on 22 July 2027.

It extends to England and Wales but applies primarily to England, and it does not touch the medium combustion plant or Industrial Emissions Directive provisions.

Where permitting meets reporting

Permits are not a disclosure regime

A permit governs what a site may emit and what it must report to its regulator; it is not a public disclosure duty in an annual report.

The company that runs the site may still have those: SECR in the directors’ report if it is large or quoted, and energy savings opportunity scheme energy audits if it qualifies.

Pollution and waste sit in the environmental pillar of ESG, which the ESG pillars page sets out.

A business looking for software to manage air emissions data should check that it handles the regulator’s returns as well as greenhouse gas accounting; the carbon reporting software guide covers the market.

Network companies report environmental incidents in their Ofgem returns too, as the Ofgem environmental report page explains.

Frequently asked

Environmental permitting, answered

Is environmental permitting a UK-wide regime?

No. The Environmental Permitting (England and Wales) Regulations 2016 extend to England and Wales only, with the Environment Agency and Natural Resources Wales as regulators.

Scotland permits under the Environmental Authorisations (Scotland) Regulations 2018, administered by SEPA, and Northern Ireland under the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.

What requires an environmental permit?

In England and Wales, a “regulated facility” under regulation 8(1) of EPR 2016: installations, mobile plant, waste and mining waste operations, radioactive substances, water discharge and groundwater activities, small waste incineration plant, solvent emission activities, flood risk activities, medium combustion plant and specified generators.

SI 2026/873 adds three further classes from 22 July 2027, bringing waste carriers, brokers and dealers into permitting in England.

What is an MCPD permit?

A permit for a medium combustion plant under the Medium Combustion Plant Directive as transposed into EPR 2016: a combustion plant with a rated thermal input of at least 1 megawatt and less than 50 megawatts.

The Environment Agency’s guidance says an MCP includes the combustion unit, any abatement, the stack or flue and integral air cooling.

What are the medium combustion plant deadlines?

Two dates for each size.

An existing MCP above 5 MWth needed a permit by 1 January 2024 and must meet emission limit values from 1 January 2025.

An existing MCP of 1 to 5 MWth needs a permit by 1 January 2029 and must meet emission limit values from 1 January 2030.

Does every environmental permit holder report to the pollution inventory?

No. In England and Wales the duty comes from a notice under regulation 61(1) of EPR 2016, served on Part A(1) permit holders, plus a few non-notice triggers such as sewage works of 100,000 population equivalent or more.

The Environment Agency’s reporting period runs from 1 January to 28 February each year.

Scotland and Northern Ireland run their own inventories under their own notice powers.

Does the EU’s 2024 Industrial Emissions Directive recast apply in the UK?

No. Directive (EU) 2024/1785 has no domestic effect in England and Wales.

Schedule 7 of EPR 2016 still gives effect to the 2010 Directive as it stood at the end of the transition period, subject to UK amendments.

How do permit breaches affect the charges I pay?

In England the Environment Agency scores every non-compliance at a waste operation or installation: 60 points for a category 1 breach, 31 for category 2, 4 for category 3 and 0.1 for category 4.

The year’s total sets a band from A to F, and the band sets next year’s subsistence charge at between 95% and 300% of the baseline, with no enforcement action needed.

Does F-gas law apply the same way across the UK?

No. The HFC phase-down regulation applies as retained law in Great Britain, with the domestic F-gas Regulations 2015 alongside it.

In Northern Ireland EU F-gas law applies under the Windsor Framework, and the GB instrument reaches Northern Ireland only for import, export and GB–NI trade.

Is SI 2026/873 about air emissions?

No. It brings waste carriers, brokers and dealers into the permitting regime in England, replacing registration with permits through a new Schedule 25D.

Its main provisions come into force on 22 July 2027.

It does not touch the medium combustion plant or Industrial Emissions Directive provisions.

Sources

Primary sources

Every figure, date and status on this page traces to the instrument’s owner.

Secondary commentary is never the source for a number.

Checked against 17 sources fromlegislation.gov.ukGOV.UK (Environment Agency)SEPADAERAGOV.UK (Defra)
  1. legislation.gov.uk
    Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154

    The instrument, including the reg 8(1) list of regulated facilities.

  2. legislation.gov.uk
    SI 2016/1154, regulation 1(2)–(3)

    “These Regulations extend to England and Wales only.”

  3. legislation.gov.uk
    SI 2016/1154, regulation 12(1A)

    The medium combustion plant permit deadlines.

  4. legislation.gov.uk
    SI 2016/1154, Schedule 25A

    The MCP definition (¶2(1)) and the emission limit value dates (¶6(3)–(4)).

  5. legislation.gov.uk
    SI 2016/1154, Schedule 7

    Part A installations: the Industrial Emissions Directive.

  6. legislation.gov.uk
    SI 2016/1154, regulation 61

    The notice power behind the pollution inventory.

  7. legislation.gov.uk
    Environmental Authorisations (Scotland) Regulations 2018, regulation 37

    SEPA’s notice power for SPRI returns.

  8. legislation.gov.uk
    Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013, regulation 32

    Northern Ireland’s inventory notice power.

  9. legislation.gov.uk
    SI 2026/873, regulation 1

    Waste carriers, brokers and dealers brought into permitting from 22 July 2027.

  10. legislation.gov.uk
    The Fluorinated Greenhouse Gases Regulations 2015, SI 2015/310

    GB enforcement and certification; Northern Ireland only for trade.

  11. legislation.gov.uk
    The Ozone-Depleting Substances Regulations 2015, regulation 1(3)

    Extends to Great Britain; Northern Ireland only for import and export.

  12. GOV.UK (Environment Agency)
    Medium combustion plant: when you need a permit

    Applies to England and Wales; what an MCP includes and which plant is excluded.

  13. GOV.UK (Environment Agency)
    Assessing and scoring environmental permit compliance

    Breach points, bands A–F and the subsistence charge multiplier, England.

  14. GOV.UK (Environment Agency)
    General guidance: pollution inventory reporting

    Who reports, and the 1 January to 28 February reporting period.

  15. SEPA
    Scottish Pollutant Release Inventory

    The “Regulation 37(1) Notice”.

  16. DAERA
    Pollution inventory reporting guidance

    The Northern Ireland inventory.

  17. GOV.UK (Defra)
    Fluorinated gases (F gases)

    The 79% HFC phase-down, and the baseline it states.

Book a free consultation