Check if you need an environmental permit

Activities that need environmental permits

The Environmental Permitting (England and Wales) Regulations 2016 require permits for activities that could cause pollution. Check if any of these apply to your business:

Industrial installations

• Manufacturing processes producing emissions (factories, chemical plants)
• Energy generation and combustion (large generators, boilers)
• Metal production and processing
• Food and drink production above certain thresholds
• Dry cleaners using certain solvents
• Petrol stations (vapour recovery)

Waste operations

• Waste treatment facilities (recycling, composting)
• Waste storage sites (scrap yards, waste transfer stations)
• Landfills and waste disposal
• Mining waste operations

Water activities

• Discharging trade effluent to sewers or water courses
• Surface water drainage with potential pollutants
• Groundwater activities
• Water abstraction or impoundment

Medium combustion plant (MCP)

• Combustion equipment with 1MW to 50MW thermal input
• Includes backup generators, boilers, CHP plants, gas turbines
• New plant: permit required before operation
• Existing 5-50MW: permit required by 1 January 2024
• Existing 1-5MW: permit required by 1 January 2029

Other regulated activities

• Flood risk activities (work in/near main rivers, flood defences)
• Radioactive substances (nuclear and non-nuclear)
• Intensive livestock farming (e.g., 40,000+ chickens)
• Solvent emissions above thresholds

Which regulator to apply to

Regulated activities are classified as Part A1, Part A2, or Part B. This determines whether you apply to the Environment Agency or your local council:

Part A1 activities - Environment Agency

Larger industrial processes with significant pollution potential. The Environment Agency regulates emissions to air, land, and water, plus issues like noise, waste, and energy efficiency.

Examples: Large combustion plant (50MW+), landfills, intensive agriculture, major chemical processes, refineries.

Part A2 activities - Local council

Medium-scale industrial activities. Your local council regulates the same environmental issues as Part A1 but for smaller operations.

Examples: Smaller manufacturing, some food processing, coating processes.

Part B activities - Local council

Activities that only affect air quality. Your local council regulates emissions to air only.

Examples: Dry cleaners, petrol vapour recovery, small combustion plant, some solvent processes.

When you can register an exemption instead

Some small-scale activities don't need a full permit. Instead, you can register a waste exemption with the Environment Agency. This is simpler and often free.

Common exemptions include:

• Storing small amounts of waste temporarily
• Using waste materials for land improvement
• Burning waste in small incinerators
• Treating waste oils
• Minor discharges to water

Each exemption has strict conditions on the type and quantity of waste, and how you handle it. You must comply with all conditions to use the exemption.

Standard rules vs bespoke permits

If you need a full permit, you have two options:

Standard rules permits

Pre-defined sets of conditions for common activities. If your operation fits within the standard rules, this is the faster and cheaper option.

• Faster processing: See determination timelines below
• Lower fees: Fixed application charges
• Fixed conditions: You cannot negotiate or vary the rules
• Limited flexibility: Must fit within the defined parameters

Bespoke permits

Tailored conditions for unique or complex operations. Required if you don't fit standard rules or have special circumstances.

• Longer processing: 4+ months typical
• Higher fees: See the fee schedule below for exact amounts
• Flexible conditions: Negotiated based on your operations
• Complex applications: Requires detailed technical assessments

You must apply for a bespoke permit if:

• Your activity doesn't match any standard rules
• You're near sensitive environmental sites (SSSIs, nature reserves)
• You have unusual operating conditions
• You want conditions different from the standard rules

How long the application takes

Allow enough time before you need to start operations. You cannot legally carry out regulated activities until your permit is formally issued.

Next steps

If you're unsure whether you need a permit:

1. Use the Environment Agency's online checker tool
2. Contact the Environment Agency enquiry line (03708 506 506)
3. Check if your activity matches a standard rules permit

If you need a permit:

1. Determine if standard rules or bespoke is required
2. Consider pre-application advice for complex operations
3. Gather required documentation (site plans, emissions data, etc.)
4. Submit your application with the correct fee
5. Wait for determination - do not start operations until permit issued

If an exemption applies:

1. Check you can meet all exemption conditions
2. Register online at wasteexemptions.service.gov.uk
3. Re-register every 3 years