Performance Regulation for EPR

Closed 26 May 2017

Opened 28 Apr 2017


We are replacing our Operator Risk Appraisal (Opra) scheme for sites operating under the Environmental Permitting Regulations (EPR). A key part of this is a proposed evolution from compliance to performance based regulation, which builds on the recommendations of the recently published Regulatory Futures Review (link). This will provide an opportunity to take a holistic view of operator performance and to introduce opportunities for incentive-based or market based regulation.

In assessing the behaviours of an operator, we will be better positioned to identify early indicators of poor performance, allowing us to intervene and focus our resources where they will achieve the most benefit. Conversely, we will be able to recognise and celebrate those exemplary performers, who voluntarily go beyond compliance and their sustained high performance will require little regulatory effort on our part.

We will be replacing our A-F compliance bands, with four descriptive bands: Exemplary, Expected, Improvement Needed and Significant Improvement Needed.

This informal consultation is an opportunity for us to share our initial thoughts and gather your feedback and comments on the attributes and criteria that we will assess under Performance Regulation, including how our regulatory approach can be more transparent, consistent and customer focused. Your views will be used to inform the questions asked in the formal consultation in July 2017.

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Why We Are Consulting

We will use the responses to help refine our initial ideas further before we go out for formal consultation in July 2017. This is to help us identify and take account of anything we may have missed or need to review early on.

What Happens Next

All responses to this initial scoping phase will be used to inform the questions asked in the formal consultation in July 2017. For example, where suggestions are asked for, the responses received will be collated and used to put forward a number of options in the formal consultation.


  • Businesses
  • Statutory organisations
  • NGOs
  • Members of the public


  • Business and industry