Research and analysis

Evidence annex: Environment Agency Chief Regulator’s report 2023-24

Published 17 January 2025

Applies to England

© Crown copyright 2025

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This annex contains information and data on the activities we regulate, including compliance of businesses with environmental permits, emissions, pollution incidents and enforcement actions taken. 

This evidence is for England. Most of the data presented are for the calendar year 2023. Where information is only available by financial year, it is for April 2023 to March 2024.

How we regulate

Supporting industry and sustainable economic growth

Our statutory role is to protect the environment in line with the government’s commitment to sustainable development. In carrying out our duties we consider the costs and benefits to the environment, society and the economy. We work in accordance with the government’s Growth Duty to ensure we understand the impact of our regulatory activities on businesses and that we act in a proportionate manner.

We fulfil our duties through a range of activities, including regulation, but also through strategic planning and partnerships. We provide advice on the environmental viability of future development in terms of sustainability and regulatory requirements. We use our local presence, our national voice and our scientific knowledge to help support and achieve sustainable growth locally and nationally. 

To ensure we have the right evidence to support fair, proportionate and transparent decision making, we listen to our stakeholders and gather evidence, for example through local officers, national services, and trade and sector meetings. 

We also run public consultations. We carried out over 300 formal consultations with stakeholders in 2023.

As a regulator we have a process that enables operators to request an impartial internal appeal of a regulatory decision we may have taken. This is independent of any statutory appeal right. We considered 17 appeals from business against our regulatory decisions in the calendar year of 2023. After review, 3 appeals were upheld. Most of our decisions go unchallenged. Changes to our appeals process in January 2024 mean that operators can now request impartial internal appeals of more regulatory decisions than in 2023.

We engage at European level and internationally to influence and improve international regulatory frameworks that directly affect our regulation.

As detailed in our 2022 regulatory statement, we are committed to working with those we regulate to help them embrace eco-design, circular economy approaches and implement innovative solutions. We continue to work with government, partners, and those we regulate to support regulatory reform, including greater focus on outcomes, and flexibility in implementation. We support government in its commitment to making sure regulations are contemporary and forward looking.

There are limited ways we can provide flexibility to allow businesses to operate. Often the regulations do not allow us to meet all the needs of our customers. But they do allow some activities to occur while we support government to make legislative changes. Currently we can:

  • allow some time limited trials and pilots for some research activities (only where regulations allow)
  • grant some derogations from normal standards where specific criteria are met
  • adopt regulatory position statements (RPSs) for some activities – in 2023 we published 16 new RPSs
  • provide early advice to technology designers on designs and permitting

We apply these measures using a risk-based approach, ensuring environmental protections remain in place and supporting business and innovation.

Permitting

National Permitting issues and deals with permits and licences for waste, water quality, water resources and industrial activities.

Permitting activity 2022 2023
New applications 5,136 4,588
Variations 3,213 2,794
Surrenders 763 1,192
Transfers 1,345 772
Mobile plant deployments 1,453 1,345
Waste exemptions 252,481 77,684
Flood risk activity decisions 1,842 1,682
Flood risk activity exemptions 990 1,091

We continue to progress making our permitting activities as digital as possible. In 2023: 

  • water resources digital abstraction returns were at 92% 
  • some water abstraction licence holders started receiving email alerts designed to provide quicker, targeted warnings of approaching restrictions – these alerts provide an estimated benefit of £6.3 million each year to affected businesses 
  • 3.5% of permit applications were digital 
  • 100% of new standard rules waste permit applications were digital, making up 63% of all digital applications 

Regulating industry under the Environmental Permitting Regulations

We regulate businesses and industries ensuring that they comply with a wide range of environmental legislation. Our duties range from checking monitoring data to conducting site inspections, and detailed audits of site working practices and processes. We also give advice to operators to help them remain compliant with their permits and reduce the risk of an environmental incident. 

The Environmental Permitting Regulations (EPR) are the main mechanism by which we regulate industry. They provide for ongoing supervision by regulators of activities that could harm the environment. EPR requires operators of certain facilities to obtain a permit, or to register some activities which would otherwise require permits as ‘exempt facilities’.

Compliance with permits

The performance of facilities regulated under EPR is rated on a scale of A to F. Sites with permits in compliance bands A and B have demonstrated an expected level of compliance. Sites with permits rated C and D must improve to achieve compliance. Sites with permits rated E and F must significantly improve to achieve compliance.

In 2023, 93% of EPR permits were in the top 2 compliance bands, A and B. This is an improvement on 92% in 2015 and 91% in 2010. The percentage of permits in the top 3 compliance bands, A, B and C has remained similar since 2013, at 97%. 

Failure to comply with permit conditions (permits rated in bands D, E or F) means operator activities risk damage to the environment, people or places. The number of permits that failed to comply with their conditions increased from 332 (2.4% of permits) in 2022 to 385 (2.7%) in 2023.

The reasons for poor compliance include the approach, behaviour and skills of the operator. The majority of the most serious permit breaches (categories 1 and 2) are due to general management issues, in particular, inadequate management systems, storage and handling, and materials acceptance. 

Poor performance in operator permit compliance (total number of D, E and F permits), 2015 to 2023 

Year Total number of D, E and F permits
2023 385
2022 332
2021 361
2020 303
2019 416
2018 439
2017 385
2016 415
2015 462

Poor performance in operator permit compliance (% of total permits), 2015 to 2023 

Year Band D Band E Band F Total % in D, E and F
2023 1.4 1.1 0.3 2.8
2022 1.1 1.0 0.2 2.3
2021 1.4 0.9 0.3 2.6
2020 1.3 0.8 0.2 2.3
2019 1.7 1.0 0.3 3
2018 1.6 1.2 0.3 3.1
2017 1.6 0.9 0.3 2.8
2016 1.7 0.9 0.4 3
2015 1.7 1.0 0.4 3.1

73% of all industrial EPR permits cover waste activities. In the waste sector, the rate of non-compliance (permits in bands D, E or F) is 3.3%. The average of all the other sectors combined is 1.1% in bands D, E or F. Non-compliance in the refineries and fuel sector has remained high since 2020, with 13.8% of permits in bands D, E or F in 2023, but this is a very small sector with very few permits.

There were 141 persistent poor performers in 2023. Persistent poor performers are those with permits in bands D, E or F for 2 or more consecutive years. These sites are more likely to have their permit revoked unless there is substantial evidence that they are working towards achieving compliance in a timely manner. The number of persistent poor performers has remained similar since 2017. 

In 2023, 91% of persistent poor performer permits were in the waste sector. Almost half of the remaining 12 persistent poor performers in 2023 were in the food and drink sector. 2 sites were in the refineries and fuel sector. 

Persistent poor performers: permits in compliance bands D, E or F for the last 2 consecutive years 

Year Waste activities All other industry All sectors
2023 129 12 141
2022 124 15 139
2021 116 17 133
2020 113 16 129
2019 131 19 150
2018 128 12 140
2017 135 9 144
2016 166 9 175
2015 203 10 213

Permits in compliance band F for the last 2 consecutive years 

Operator Sector Permit number
A B Waste Management Ltd Waste treatment (non-hazardous) 42483
British Steel Ltd Metals (ferrous) RP3206BE
Dairy Crest Ltd Food and drink BN6137IK
Opes MRF 2013 Ltd Landfill TP3436YQ
Ripley Property Holdings Ltd Waste treatment (metals recycling) 19550
Terry & Thomas Construction Ltd Waste treatment (non-hazardous) 40066
Walleys Quarry Ltd Landfill DP3734DC

In 2023, over 60% of the most serious permit breaches (category 1 and 2) in compliance band F were due to poor general management, particularly inadequate management systems and storage and handling. Poor infrastructure was also the reason for 17% of permit breaches. 

Where minor permit breaches are found, we provide advice and guidance to help the operator bring their practices into compliance. Where significant or repeat breaches are found, we consider more stringent enforcement, which can include prosecution and site closure. 

We assess permit compliance through activities such as site inspections, site audits, reviewing monitoring submissions required by permits, monitoring checks and procedure reviews. We use past environmental performance, operational intelligence and other data we collect to identify sites that pose the greatest risk to people and the environment. This means that sites with more problems will receive a greater compliance effort.

We completed over 20,000 compliance activities for EPR sites in 2023. This included 9,911 on-site inspections and 8,009 reviews of monitoring submissions. The number of inspections fell in 2020 because we were not able to do as many on-site regulatory visits at the beginning of the COVID-19 pandemic.

Site inspections at EPR regulated sites, 2015 to 2023 

Year Total
2023 9,911
2022 10,064
2021 9,835
2020 7,615
2019 11,433
2018 10,475
2017 8,885
2016 8,861
2015 10,608

Enforcement 

The Environment Agency is responsible for enforcing laws that protect the environment. We aim to use our enforcement powers efficiently and effectively to secure compliance. This contributes to our work to create better places for people and wildlife and support sustainable development. 

We support operators to do the right thing, but we will take action to prevent or reduce environmental harm. To get the best outcome for the environment and for people, we will use the full range of enforcement and sanctioning options available to us. Our enforcement and sanctions policy sets out how we follow the requirements of the Regulators’ Code and the principles we work to when we carry out enforcement activities. 

In 2023, we: 

  • brought 91 prosecution cases resulting in fines totalling £8.7 million
  • issued 5 formal cautions
  • issued 161 enforcement notices
  • completed 40 enforcement undertakings totalling £2.9 million in donations to environmental projects or improvements

These are enforcement actions used for all environmental offences by businesses and individuals. The number of formal cautions we issue has reduced significantly. This is because we have found them to be less effective than other mechanisms we can use. In 2023, most cautions were issued to companies and individuals in the waste sector. 

Enforcement actions used for environmental offences, 2015 to 2023

Year Enforcement notices Prosecutions Cautions Enforcement undertakings
2023 161 91 5 40
2022 181 114 4 36
2021 206 107 2 53
2020 100 70 6 80
2019 305 143 12 48
2018 263 157 34 52
2017 218 169 61 59
2016 249 206 66 30
2015 364 208 128 28

The scale of fines and other penalties set by the courts depends on the size of the business or company and the severity of the offence. The largest fines tend to go to the water companies because of this. In 2023, we completed 4 prosecutions against 4 different water companies, which led to total fines of £6,794,000. About 50 prosecution cases were brought by our in house legal team against the waste sector, which led to total fines of around £450,000.

Almost 80% of the 161 enforcement notices we served were to the waste sector at mostly transfer stations, metals recycling sites and non-inert landfill sites. 

Enforcement undertakings remain an effective enforcement option for less serious offending. Polluters and those who breach environmental requirements may restore the environment themselves or fund other environmental projects or improvements in the local catchment or area. Over the past 5 years more than £16 million has been put towards environmental projects or improvements as a result of enforcement undertakings. 

Businesses that completed enforcement undertakings totalling £100,000 or more in 2023 

Company Sector Payments to third parties for environmental projects or improvements
Encirc Ltd Manufacturing £606,982
Severn Trent Water Ltd Water industry £382,000
Laing O’Rourke Delivery Ltd Construction industry £350,001
Wessex Water Services Ltd Water industry £225,000
Yorkshire Water Services Ltd Water industry £150,000
Lacka Foods Ltd Food and drink £133,128
Prax Lindsey Oil Refinery Ltd Energy industry £100,000
Keepmoat Homes Ltd Construction industry £100,000
Bellway Homes Ltd Construction industry £100,000
Thames Water Utilities Ltd Water industry £100,000

Pollution incidents

We provide incident response to pollution incidents. Serious pollution incidents can harm people and the environment and can have significant financial and reputational effects on a business. We categorise incidents from 1 (most serious) to 4 (little or no impact), according to their effects on air, land and water. 

We describe category 1 and 2 incidents together as ‘serious’ pollution incidents. A category 1 incident has a serious, extensive, or persistent effect on the environment, people or property. Category 3 incidents have a minor or minimal impact on the environment, people or property.

We take enforcement action, including prosecution where appropriate, against operators who cause pollution incidents. In 2023, there were: 

  • 68 category 1 incidents
  • 501 category 2 incidents
  • 9,318 category 3 incidents
  • 3,951 category 4 incidents

The number of serious pollution incidents increased between 2022 and 2023 from 504 to 569 – the highest number of serious incidents since 2014. 

Of the 569 serious pollution incidents in 2023, 54% were caused by sites or activities that we do not regulate under an EPR environmental permit, 29% by activities with permits and 17% by an unidentified source. 

Serious pollution incidents, 2015 to 2023

Year Non-permitted activities Activities with permits Unidentified source Total incidents
2023 309 165 95 569
2022 236 179 89 504
2021 281 191 89 561
2020 279 193 91 563
2019 227 173 67 467
2018 286 197 50 533
2017 198 153 68 419
2016 296 145 67 508
2015 283 170 46 499

In this report when an incident is not from a permitted source, and the sector and activity are not identified, it is assigned as having an unidentified source.

Sources of serious pollution incidents

Of the 474 serious incidents with a known source: 

  • 93 were from permitted and exempt waste management activities (16% of total incidents)
  • 67 were from natural sources (12% of total incidents)
  • 65 were from illegal waste activities (11% of total incidents)
  • 53 were from farming activities (9% of total incidents)
  • 47 were caused by the 7 of the 9 water and sewerage companies (8% of total incidents) 
  • 74 were caused by other industries, such as food and drink, manufacturing and other water companies (13% of total incidents)
  • 75 were from other sources, such as the service, domestic and residential and transport sectors (13% of total incidents)

EPR industrial operators with 4 or more reported separate serious pollution incidents in 2023 

Operator Site Sector Number of serious incidents
Walleys Quarry Ltd Walleys Quarry Landfill Site Landfill 11
Biowise Limited Albion Lane Biowaste treatment 8
Lafarge Cauldon Limited Cauldon Cement Plant Cement and minerals 8
Reclamet (Holdings) Limited The Recycling Centre Waste treatment 8
B W Skip Hire Limited Whitehall Road Waste treatment 7
Infinity Metals Limited Vickersdale Works Waste treatment 6
Acumen Waste Services Limited Escrick waste treatment facility Waste treatment 4
Dairy Crest Limited Davidstow Creamery Food and drink 4
Sims Group UK Limited Pepper Road Waste treatment 4

Pollution incidents from water and sewerage companies

In 2023, there were 47 confirmed serious water pollution incidents caused by the sewerage and water supply assets of 7 of the 9 water and sewerage companies operating in England. The other 2 companies cause no serious incidents. There were a further 2,127 category 3 pollution incidents caused by these companies.

Serious pollution incidents caused by water and sewerage companies, 2015 to 2023 

Year Serious incidents per year
2023 47
2022 44
2021 62
2020 44
2019 52
2018 56
2017 52
2016 57
2015 59

More information on the performance of, and pollution from, water companies can be found in our report Water and sewerage companies in England: environmental performance report 2023.

Pollution incidents from agricultural activities

In 2023, farming activities caused 53 serious pollution incidents, increasing from 45 in 2022. Only 1 of these incidents was caused by an activity we regulate under EPR. 52 of the 53 incidents were serious incidents to the water environment and 3 had an impact on land. Of the incidents to water: 

  • dairy farming caused 36 
  • beef farming caused 7 
  • arable and other farming caused 9 

A further 642 category 3 incidents were caused by farming in 2023. 

The number of dairy farms in England has decreased from 8,066 in 2015 to 6,136 in 2023. However, we have seen an upward trend in the number of serious pollution incidents caused by the sector since 2019. Looking at 5-year moving averages helps to smooth out variations which may be due to external factors such as particularly wet or dry years. In 2023, the 5-year moving average increased for the first time since 2016.

Serious pollution incidents caused by dairy farming, 2015 to 2023 

Year Serious incidents per year 5-year moving average of serious incidents
2023 36 28
2022 31 27
2021 27 29
2020 25 31
2019 22 36
2018 29 39
2017 40 42
2016 41 42
2015 49 38

The sector still has problems with the storage of silage and slurries. Just over 92% of the dairy incidents in 2023 involved silage or slurry, and the majority were due to containment and control failure. Alongside advice and guidance and our full range of enforcement powers, the Department for Environment, Food and Rural Affairs’ (Defra’s) Slurry Infrastructure Grant is aiding some farmers in improving slurry management. The grant funds up to 50% of a new covered slurry store, but it will not be available to all farmers. We have increased our regulatory workforce significantly since 2021 but slurry storage improvements can take some time due to gaining the correct permissions, accessing finance and being able to construct in a favourable weather window.

Pollution incidents from waste management activities

We recorded 93 serious pollution incidents from waste management activities in 2023, compared with 101 in 2022. This is the first decrease in serious incidents from this sector since 2019. 

Most of these incidents were caused by waste treatment activities. Of the 50 serious pollution incidents attributed to the waste treatment sector, 47 caused amenity issues. 30 incidents were noise related, 10 were odour related, 5 were related to dust and 2 were related to smoke.

A further 525 category 3 incidents were caused by waste management activities in 2023.

Serious pollution incidents caused by waste management activities, 2015 to 2023

Year Waste treatment Biowaste Landfill Other waste activities Total
2023 50 15 26 2 93
2022 66 16 17 2 101
2021 50 19 26 2 97
2020 38 12 33 8 91
2019 33 16 11 10 70
2018 49 11 16 3 79
2017 42 15 7 1 65
2016 42 25 7 6 80
2015 57 46 14 3 120

There were 26 serious incidents caused by the landfill sector in 2023, compared with 17 incidents in 2022. Of these 26 incidents, 21 were odour related. More than half of these odour incidents were caused by Walleys Quarry Ltd. 

Odour incidents

Many of the industrial activities we regulate have the potential to give rise to odour pollution. Odour pollution is a major cause of public concern and can have a significant negative effect on quality of life, including health issues, anxiety, and stress-related illnesses (Hayes J.E and others, 2014). In 2023, we received about 17,400 reports of odour pollution, which is below the yearly average of around 22,300 reports per year. 98% of these odour pollution reports could be attributed to specific Environment Agency regulated sites.

We may receive multiple reports of the same odour pollution incident, so numbers of confirmed incidents are not necessarily reflective of the scale and impact these odour pollution incidents can have on a community. Industrial sites that we regulate are required to put controls in place to prevent odour pollution, or where that isn’t possible, to minimise it.

From the odour pollution reports in 2023, we identified 54 serious odour pollution incidents. 

Serious odour pollution incidents, 2015 to 2023

Year Biowaste treatment Waste treatment (non-hazardous) Landfill Food and drink Agriculture Other sectors Total
2023 11 10 21 3 0 9 54
2022 14 10 14 1 1 8 48
2021 13 1 25 7 0 6 52
2020 5 3 32 17 8 1 66
2019 11 9 8 18 3 1 50
2018 7 4 7 5 25 2 50
2017 6 1 7 11 11 1 37
2016 9 4 7 2 0 4 26
2015 16 6 5 0 1 6 34

Noise incidents

Long term exposure to environmental noise can have significant impacts on physical and mental health and wellbeing. In 2023, we identified 46 serious noise pollution incidents, compared with 51 in 2022. 3 individual sites were responsible for 52% of these incidents. 

Serious noise pollution incidents, 2015 to 2023 

Year Waste treatment Cement and minerals Food and drink Biowaste Energy from waste Agriculture Other (illegal waste management, metals, other/exempt waste management, not identified) Total
2023 30 8 4 0 0 0 4 46
2022 33 13 3 0 0 1 1 51
2021 30 12 2 0 0 0 6 50
2020 18 0 4 0 6 0 3 31
2019 6 0 11 0 8 0 1 26
2018 6 0 1 0 2 1 1 11
2017 4 0 0 0 0 1 2 7
2016 15 0 0 6 0 0 4 25
2015 15 0 0 3 0 0 0 18

The increase in the number of substantiated noise incidents from 2019 is a positive indicator that our capacity to assess and regulate noise is increasing. We have invested in online training and have developed specialised training materials for site inspectors, National Permitting and for developing noise specialists. 

Emissions to air

Air pollution is caused by the combustion of fuels for heat and power, industrial and waste processes, manufacturing, transport, and agriculture.

Air quality has improved in England, but it continues to be the biggest environmental risk to public health, damaging the quality of life for many people. Children, the elderly and the already vulnerable are the most affected. Air pollution has an estimated total social cost of £22.6 billion per year, and has been described as a public health emergency.

Poor air quality also has significant effects on the natural environment and biodiversity (Defra, 2023). Sulphur oxides (SOx), nitrogen oxides (NOx) and ammonia can contribute to acidification, while NOx and ammonia can also contribute to terrestrial eutrophication.

The percentage of sensitive habitats areas in England where acid deposition exceeded the critical load, the amount the ecosystem can tolerate without damage, reduced slightly from 77% in 2003 to 67% in 2020. The short-term trend between 2015 and 2020 was a 6% decrease in the area affected by acidity. Nitrogen deposition exceeded the critical load for eutrophication in 100% of sensitive habitats in 2020. This percentage has remained virtually unchanged since 2003.

There are legally binding international targets to reduce emissions of 5 damaging air pollutants by 2030. They apply to NOx, sulphur dioxide, PM2.5, ammonia, and NMVOCs. Under the Environment Act 2021, there are also 2 new legally binding long term targets to help drive reductions in exposure to PM2.5 and reduce concentrations in the worst PM2.5 hotspots across the country.

We have been working with others to understand the inequalities in air quality. We led a project to gather the experiences of people and communities living with poorer air quality and outline the challenges and opportunities for those with responsibility for reducing inequalities. We did this with support from the UK Health Security Agency (UKHSA) (formerly Public Health England), Defra, academic and third sector partners, community groups, air quality advocates, World Health Organization advisors and the UK Clean Air Champions. We also sought contributions from subject matter experts. This work will help target policies, investment and interventions to improve the health of society as a whole, but especially those most disadvantaged.

Emissions to air from the activities we regulate 

We work with government and the industries we regulate to implement the Clean Air Strategy and further reduce emissions to air. 

Damage costs estimate the cost to society of a change in emissions of different pollutants. Using Defra damage costs we can approximate the value of the effect of changes in emissions from industry we regulate. Reductions in emissions from regulated sites between 2022 and 2023 of NOx, SOx and PM2.5 present reduced damage costs of an estimated £40 million, £61 million and £29 million respectively.

Nitrogen oxides (NOx) 

Almost half of all NOx emissions in England in 2022 came from transport, and nearly a third came from energy industries and industrial combustion. The businesses we regulate under EPR contribute around 15% of all NOx emissions in England. These emissions have dropped by 73% since 2010, and by 62% since 2015. There was a 7% decrease in NOx emissions from the industries we regulate between 2022 and 2023. 

NOx emissions to air from sites with permits, 2015 to 2023 (thousand tonnes) 

Year Combustion (power) Incineration and energy recovery Refineries and fuel Cement and minerals Landfill All other industry with permits Total
2023 21 18 9 8 3 3 62
2022 25 17 9 9 3 7 70
2021 29 16 9 9 2 8 73
2020 30 16 9 11 3 13 82
2019 34 13 10 12 4 14 87
2018 46 12 10 15 5 13 101
2017 54 11 11 13 5 14 108
2016 53 13 11 13 5 15 110
2015 108 9 11 16 5 19 168

Sulphur oxides (SOx) 

Over half of SOx emissions in England in 2022 came from energy industries and industrial combustion and processes. Almost a third came from residential, commercial, and public sector combustion. The businesses we regulate under EPR contribute around 35% of SOx emissions in England. Emissions of SOx from these industries have decreased by 87% since 2010, and 77% since 2015. There was a 12% decrease in SOx emissions from industries we regulate between 2022 and 2023.

SOx emissions to air from sites with permits, 2015 to 2023 (thousand tonnes) 

Year Refineries and fuel Cement and minerals Metals (ferrous) Combustion (power) All other industry with permits Total
2023 14 6 2 2 1 25
2022 13 7 5 3 1 29
2021 9 5 4 5 2 25
2020 14 7 5 7 2 35
2019 17 8 5 6 2 38
2018 17 10 6 16 3 52
2017 21 9 5 22 3 60
2016 20 9 6 22 3 60
2015 22 8 14 64 3 111

PM10 

PM10 is small particulate matter less than 10 micrometres in size, such as dust, smoke particles and pollens, which can be breathed deeply into the lungs. The main sources of PM10 emissions in England in 2022 were industrial combustion and processes (44%), residential, commercial, and public sector combustion (17%) and transport (19%). 

The businesses we regulate under EPR contribute about 10% of all PM10 emissions in England. Most of this (64%) comes from intensive pig and poultry farming. PM10 emissions from the industries we regulate have decreased by 45% since 2010, and 47% since 2015. There was a 11% decrease in PM10 emissions from industries we regulate between 2022 and 2023. 

PM10 emissions to air from sites with permits, 2015 to 2023 (thousand tonnes)

Year Intensive farming Refineries and fuel Metals (ferrous) All other industry with permits Total
2023 5.4 0.4 1.8 0.8 8.4
2022 5.6 0.4 2.2 1.3 9.5
2021 5.8 0.4 2.0 1.2 9.4
2020 6.1 0.4 2.3 1.5 10.3
2019 6.1 0.4 2.2 1.4 10.1
2018 6.4 0.8 2.6 2.0 11.8
2017 6.2 0.7 3.0 2.4 12.3
2016 6.2 0.7 3.3 2.4 12.6
2015 6.2 0.7 4.6 4.5 16.0

Ammonia

Farming is the biggest contributor to England’s total ammonia emissions. In 2022, 84% of all ammonia emissions in England were from farming. Farms not required to hold a permit under EPR emitted 93% of farming ammonia emissions in 2022. 

The businesses that we regulate under EPR contribute about 7% of all ammonia emissions in England. Most of this comes from intensive pig and poultry farming. There was a 4% reduction in ammonia emissions from intensive farming between 2022 and 2023, continuing a downward trend in these emissions since 2018.

Ammonia emissions are a major contributor to biodiversity loss. As well as affecting biodiversity, ammonia also creates PM2.5 in the air by reacting with other pollutants. This is known as secondary PM2.5, which can negatively affect air quality far from the original source (Defra, 2023). 

Ammonia emissions to air from sites with permits, 2015 to 2023 (thousand tonnes)

Year Intensive farming Chemicals All other industry with permits Total
2023 9.3 0.6 1.1 11.0
2022 9.7 0.7 1.0 11.4
2021 10.0 1.2 1.0 12.2
2020 10.4 1.4 1.2 13.0
2019 10.9 1.8 1.2 13.9
2018 11.7 1.2 1.0 13.9
2017 11.0 1.7 1.0 13.7
2016 10.9 1.5 1.0 13.4
2015 10.7 1.1 1.2 13.0

NMVOCs

Solvent processes are the most important source of NMVOC (non-methane volatile organic compound) emissions in England and accounted for almost half of all NMVOC emissions in 2022. These emissions come from both domestic and industrial solvent applications. Other sources of NMVOCs include agriculture and fugitive emissions from fuels.

The businesses we regulate under EPR contribute just 4% of all NMVOC emissions in England. Emissions of NMVOCs from these sites have decreased by 45% since 2010, and 32% since 2015. The refineries and fuel sites we regulate contribute 2% of the total NMVOC emissions in England.

Regulating for climate change resilience 

We are responsible for:

  • acting to reduce greenhouse gas emissions and supporting net zero transition
  • regulating low carbon and renewable energy schemes
  • helping businesses and people adapt to the impacts of a changing climate

The Industrial decarbonisation strategy sets out the government’s vision for a prosperous, low carbon UK industrial sector in 2050, with the Energy white paper detailing the changes required to make the transition to low carbon energy by 2050. The Environmental Improvement Plan commits to improving the overall regulatory framework for UK businesses. 

New technologies and industries, such as small modular nuclear reactors, carbon capture and hydrogen production require changes in the way we regulate to protect the environment and people. The role of regulation in enabling net zero is to provide a framework that ensures natural resource constraints are understood and industry is provided with a level playing field and regulatory certainty. 

We administer several industrial decarbonisation schemes, including energy efficiency and emissions trading schemes, to help industry reduce carbon emissions, and we are supporting new decarbonisation technologies. 

Climate change adaptation 

Climate impacts such as heatwaves, storms, droughts, floods, wildfires and rising sea levels are becoming more frequent and more severe. We continue to see increasing threats to those we regulate, making it more difficult for them to prevent and mitigate accidents and comply with the environmental and safety legislation we regulate. Environmental permit holders must consider the risks of a changing climate to and from their business through their management systems.

We have continued to improve our guidance and regulatory approaches to support climate adaptation and resilience. This has included strengthening our collaborative work with Defra and Treasury to ensure our regulatory guidance is aligned with government adaptation policy. In 2023, we:

To understand how prepared regulated industries are to climate impacts, we gathered information from over 1,600 EPR and COMAH operators and found: 

  • two-thirds of operators have committed to embed adaptation into their management systems, with top management oversight
  • operators recognise that a wide range of climate impacts can threaten safety and environmental performance
  • only a quarter of operators had benchmarked and were improving in line with adaptation standards and guidance
  • while many operators manage present day impacts, not all are prepared for extremes, and only a few assess risks that will increase in the future
  • there is a lack of adaptive capacity amongst the sectors we regulate and a lack of implementation of adaption action, some of which can be relatively low cost

We will continue our informing and enabling approach to adaptation aspects of our regulatory activities, carrying out adaptation-focused inspections and audits. 

We continue to collaborate through forums such as the COMAH Strategic Forum and the Infrastructure Operators Adaptation Forum to share best adaptation practices with others and learn from other adaptation experts and leaders. In addition, we are working closely with the Office for Nuclear Regulation as they carry out their work on climate change. 

All our regulatory regimes will be impacted by climate change, either due to the increasing pressures on our estate and operations or from the direct threats to those we regulate. We are working to improve the resilience of our own operations and the guidance we provide, continually improving our processes across all regulatory regimes. However, we cannot deliver the systemic improvements required for resilience on our own. We can only regulate where we have power to do so, mainly to ensure safety and environmental protection.

In some cases, leadership from all those responsible for delivering and regulating across environmental systems is needed to change regulatory regimes. For example, we are working with Defra on the Reservoir Safety Reform Programme, which will be delivered in a phased programme over the coming years. We are also working with Defra to ensure necessary management approaches are adopted by the water industry to achieve climate resilience. 

We continue to build the evidence on current and predicted future climate impacts so that we can advise government and make evidence-based regulatory decisions.

Greenhouse gas emissions

Emissions of greenhouse gases from the businesses we regulate under EPR are 54% lower than in 2010, and 41% lower than in 2015. The emissions from these sites contribute around 34% of greenhouse gases in England.

Greenhouse gas emissions, as global warming potential, to air from sites with permits (million tonnes CO2 equivalent)

Year Combustion (power) All other industry with permits Total
2023 43 44 87
2022 52 44 96
2021 56 45 102
2020 51 47 98
2019 57 49 106
2018 64 52 116
2017 66 52 118
2016 69 50 119
2015 89 58 147

Methane

Reducing methane emissions is essential if the UK is to achieve its climate change targets and net zero by 2050. The UK Methane Memorandum details how UK methane emissions dropped by over 62% since 1990 and what more is being done to secure further progress. In 2022, the UK signed the Global Methane Pledge to collectively reduce global methane emissions by at least 30% by 2030 compared to 2020 levels. In 2023, the United Nations Climate Change Conference (COP28) agreement called on all countries to accelerate efforts to reduce methane emissions by 2030. Methane is a priority pollutant that requires capture and control for certain sectors we regulate, such as landfill sites and anaerobic digestors operating under EPR. 

Farming contributes 44% of methane emissions in England. The majority of this comes from the beef and dairy sectors that we do not regulate under EPR. Emissions from the intensive pig and poultry farming sites that are regulated under EPR contribute less than 1% of all methane emissions in England.

One area of reduction comes from the landfill sector, where methane emissions have decreased by 57% since 2010. This reduction in emissions is largely due to the implementation of the Landfill Directive. This diverted biodegradable waste away from landfill and led to a reduction in the number of operational sites. As these sites were closed and capped, collection of landfill gas improved. We have also focussed our regulatory effort on improving landfill gas collection and minimising emissions at operational landfill sites.

In 2023, landfill sites that we permit (both operational and closed), collectively released 100,000 tonnes of methane to air. This accounts for 86% of all methane emissions reported from the sites we regulate, and about 8% of total methane emissions in England.

Methane emissions to air from sites with permits (thousand tonnes), 2015 to 2023 

Year Landfill All other industry with permits Total
2023 100 16.3 116
2022 104 15.1 119
2021 112 17.6 130
2020 125 17.0 142
2019 143 20.5 164
2018 150 20.0 170
2017 170 19.7 190
2016 185 21.1 206
2015 194 23.8 218

Energy efficiency and UK Emissions Trading Schemes

There are several industrial decarbonisation schemes, including energy efficiency and emissions trading schemes, that we administer for the UK and regulate in England. The main goal of these schemes is to reduce greenhouse gas emissions with a particular focus on carbon emissions. They cover the emission of over 200 million tonnes of carbon dioxide equivalent from industry, businesses and the public sector. This is over 40% of the UK’s carbon emissions. 

We regulate more than 10,000 organisations in the UK and in 2023, successfully delivered compliance rates of 99% for the: 

  • UK Emissions Trading Scheme for installations 
  • UK Emissions Trading Scheme for aviation 
  • Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) 
  • Energy Savings Opportunity Scheme (phase 2) 
  • Climate Change Agreements (CCA) 
  • Fluorinated greenhouse gases (F gas) and ozone-depleting substances

In 2023, we issued 85 civil penalties totalling over £1.9 million for breaches of these climate change schemes. 

In 2023, the UK Emissions Trading Scheme (UK ETS) installations operators that we regulate delivered a 14 million tonne reduction of carbon dioxide compared to 2022. Using the Department for Business, Energy and Industrial Strategy and Department for Energy Security and Net Zero 2023 carbon values this equates to an estimated £3.5 billion in carbon cost savings.

Fluorinated greenhouse gases and ozone depleting substances 

We work in partnership with HMRC and Border Force to identify potential breaches of the fluorinated greenhouse gas (F gas) and ozone depleting substances (ODS) regulations and to bring importers into compliance. F gas and ODS are substances with a high global warming potential and can be hazardous to health. We received 149 referrals on imports during 2023 and cleared them for import. Our monitoring of online illegal sales has resulted in the taking down of 202 listings selling just under 5,000 tCO2e of prohibited substances.

Regulating to protect land, water and biodiversity

We use regulation as well as strategic water resource management and partnership working to protect and improve water, land and biodiversity.

We regulate the water industry, ensuring compliance with permits. There are 9 water and sewerage companies operating in England that provide both clean (drinking) water and waste water (sewerage) services. There are also 7 water companies that provide clean (drinking) water services only. We regulate and work in partnership with all companies to ensure they protect and improve the environment, monitoring their environmental performance throughout the year. For the water and sewerage companies we publish an annual assessment to compare sector performance, along with individual company data reports, and will be extending our reporting to the remaining companies in the future.

We regulate the agricultural sector. We work with farmers to secure environmental improvements and improve compliance with several environmental regulations.

We work to ensure there is enough water for the population and for wildlife through our restoring sustainable abstraction programme. We check that water is being taken from our watercourses (water abstraction) correctly. 

We work with others to deliver Defra’s Environmental Improvement Plan 2023 for achieving clean and plentiful water. Working in partnership at catchment scale, restoring habitats to be more naturally functioning to improve the water environment overall and prevent flooding, secure supplies and create resilience to droughts. Our regulation supports nature-based solutions for creating water storage in the landscape, slowing water down, restoring peatlands, and protecting wetlands. 

Water body classifications

The Environment Agency’s water sampling and monitoring work helps to identify problems in the water environment and where we need to secure investment to make improvements. Part of this work also informs water body classifications, for which we are legally obliged to publish a full set of data for every water body in England every 6 years. The last full set was in 2019, with the next in 2025. 

In 2019, 79% of the elements we monitor in fresh water met environmental quality standards. But just 16% of surface water bodies and 14% of rivers met the requirements of good ecological status under the Water Environment (Water Framework Directive) Regulations. This apparent disparity is because of the Water Framework Directive ‘one out, all out’ rule. This means that if any single assessed element fails to meet the appropriate standard, the water body overall will be classed as not achieving good ecological status. In this assessment, 14% of lakes were at good ecological status, 19% of estuaries and 45% of assessed coastal waters. 

Nutrients from agriculture and sewer overflows, and phosphorus from sewage treatment works in particular, are still a problem.

In 2019, no surface water bodies met the criteria for achieving good chemical status under the Water Environment (Water Framework Directive) Regulations, compared with 97% passing in 2016. The reason for this large shift was the introduction of new, more accurate sampling and analysis methods, and the inclusion of extra substances identified as persistent, bioaccumulative and toxic, in the chemical quality assessment. We now assess 52 different chemicals. The use of many of these substances has already been restricted in the UK, while others are used every day in the home, and in industry. The substances that caused the most failures in 2019 were:  

  • PBDEs (polybrominated diphenyl ethers) used in electrics, foams and textiles 
  • mercury from past industrial activity 
  • PFOS (perfluoroctanesulfonate, one of the group of PFAS chemicals) used for its non-stick, water repellent and oil resistant characteristics, including in firefighting foams and textiles 

The use of PBDEs and PFOS has already been restricted in the UK. 

Groundwaters are assessed for quantity and quality elements. In 2019, 45% of groundwater bodies achieved good chemical status. 

Defra’s Outcome Indicator Framework describes environmental change relating to the 10 goals within the 25 Year Environment Plan. The B3 indicator takes a broad overview of the condition of the water environment. 

Water and sewerage companies

In July 2024, we published our annual report on the Environmental performance of the water and sewerage companies, 2023. In our Environmental Performance Assessment (EPA), 5 of the 9 water and sewerage companies were rated as requiring improvement (2 stars), 1 was rated good (3 stars) and 3 were rated as industry leading (4 stars). There was a small sector improvement in star ratings compared to 2021 and 2022 – a total of 25 stars out of a maximum of 36. However, most companies continue to underperform which is a cause of concern to us.

Combined storm overflows (CSOs) are part of the combined sewerage system. They are designed to discharge sewage to rivers or the sea at times of heavy rainfall or snow melt, when the volume of water exceeds the sewer system capacity. This prevents it backing up into homes or streets. Their use has increased as climate change has led to greater rainfall in shorter bursts, and water infrastructure has not kept up with population growth. 

The permits we issue to water companies legally oblige them to report event duration monitoring (EDM) data. This data provides a consistent way of monitoring how often and for how long companies use their storm overflows. As more monitors are fitted, more data is generated, which underpins our planning, compliance, and enforcement work. In December 2023, 100% of the 14,530 storm overflows across the water network in England were fitted with EDMs, meeting the ambitious target set by government to do so by the end of 2023. 

Number of monitored spill events, 2016 to 2023 

Year Number of monitored spill events
2023 464,056
2022 301,091
2021 372,533
2020 403,375
2019 292,864
2018 146,930
2017 33,159
2016 12,637

In 2023, EDM data showed a 54% increase in the number of sewage spills compared with 2022, from 301,091 to 464,056. The total duration of these spill events was over 3.6 million hours, up from nearly 1.8 million in 2022. The increase in spills compared to 2022 is partly because 2023 was named by the Met Office as the sixth wettest year since its records began in 1836. Also in 2023: 

  • the average number of spills per storm overflow was 33, compared with 23 in 2022 
  • 7% of storm overflows spilled more than 100 times, compared to 3% in 2022 
  • 14% of storm overflows did not spill at all, compared to 18% in 2022

Pollution loads from sewage treatment works

The main pollutants in water arising from water company discharges that are permitted within limits, include phosphorus, ammonia, and biochemical oxygen demand (BOD, a measure of organic pollution). Environmental improvements have resulted in large reductions in these pollutants from sewage treatment works discharged to rivers.

Loads discharged to rivers from water company sewage treatment works in England and Wales, 1995 to 2020 (thousand tonnes)

Year Ortho-phosphate (as phosphorus P) Ammonia BOD
2020 6.75 3.25 16.6
2015 8.6 3.6 19.2
2010 10.61 5.42 22.4
2005 12.84 7.66 25.21
2000 16.68 8.17 27.11
1995 21.41 16.15 36.74

Our analysis of long-term trends in river quality shows that:

  • ammonia concentrations at the low end of major rivers across England have reduced to about 15% of average concentrations in 1990
  • BOD concentrations have reduced to 55 to 60% of average levels in 1990
  • phosphorus concentrations have reduced to 15 to 20% of average concentrations in 1990

Chemicals 

Defra’s Outcome Indicator Framework describes environmental change relating to the 10 goals within the 25 Year Environment Plan. The indicator H4 tracks changes in the exposure of wildlife to chemicals in the environment over time and considers the potential risks to wildlife from chemicals in terrestrial, freshwater and marine ecosystems.

Our Prioritisation and Early Warning System (PEWS) for chemicals of emerging concern has been used to assess the risks of over 300 chemicals to surface water, groundwater, soil, biota and sediment. The system is integrated into our Chemical Regulatory Strategy Tool (CREST). These early warnings initiate an assessment of the pollutant’s source-pathway-receptor profile, the existing legislative framework and possible interventions. Where there are gaps, new activities are proposed. We are continuing to develop PEWS and expand its coverage to the whole of the UK through partnerships with the Environmental Protection Agencies of the devolved administrations.

In 2023, we and other UK regulators established the Pharmaceuticals in the Environment Group (PiE). The group enables discussion and knowledge sharing to address the risks posed by veterinary medicines and pharmaceuticals in the water environment. PEWS and the CREST process have delivered options for management of these compounds. 

In 2023, we also continued our work on microplastics through new collaborative research into surface water, groundwater, sewage sludge, tyres, and waste. There are still knowledge gaps around the sources and pathways of microplastics to the environment, and their impacts on the environment and human health. Future research will enable the development of potential regulatory options to minimise microplastic contamination in the environment. 

Poly- and perfluoroalkyl substances (PFAS) 

PFAS are a large group of synthetic organofluorine chemicals that have been widely used in a range of industries since the 1940s. PFAS are often referred to as ‘forever chemicals’ due to their stability, their ability to resist chemical attack and high temperatures and their resistance to degradation. This persistence results in the potential for long-term exposure of people and wildlife. In 2023, the International Agency for Research on Cancer (IARC) working group upgraded PFOA (perfluorooctanoic acid) to a human carcinogen. 

The Environment Agency’s report on PFAS sources, pathways and data on rivers, lakes, groundwater, estuaries, and coastal waters suggests it is likely that PFAS is widely present in English surface waters and groundwater. 

Several of the known PFAS are subject to the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulations. Since the 2000s, we have increased monitoring and supported options to ban or highly restrict the use of specific PFAS chemicals. 

Chemicals Investigation Programme (CIP) 

The Chemicals Investigation Programme (CIP) has been running since 2010 and aims to better understand the occurrence, behaviour, and management of chemicals in the environment. The programme is co-ordinated by UK Water Industry Research (UKWIR) and involves collaboration between water companies in England, Wales and Scotland, and the respective national regulators. 

CIP has given us insights into chemicals present in wastewater treatment effluent, sewage sludge, groundwater and receiving water bodies. The fourth phase, CIP4, is being developed and will include monitoring over 300 chemicals and microplastics in groundwater, sewage sludge, wastewater treatment works’ influent and effluent, surface waters, marine modelling, fish, plants, sediment and more. Sampling will begin in April 2025 and be complete by April 2027.

Drinking water protected areas

Drinking water protected areas are the rivers, lakes and groundwater that supply water for human consumption. The Environment Agency seeks to protect drinking water supplies from pollution and ensure they are resilient to future pressures. Our report Drinking water protected areas: challenges for the water environment sets out current and future issues for drinking waters, with a review of current measures to address the challenges. 

Many drinking water sources are ‘at risk’ of pollution from pesticides, nitrates from fertilisers, other chemicals and micro-organisms. Surface water drinking water protected areas are assessed on an ongoing basis, whereas groundwater drinking water protected areas are assessed on a cycle aligned to River Basin Management Plans. In England:  

  • in 2023, 240 of the 450 surface water drinking water protected areas (53%) were ‘at risk’ of deterioration. This figure is the same as in 2022 and 2021, and slightly lower than 48% in 2020 – but over this period the number of water bodies assessed has also changed slightly
  • in 2019, the last year of assessment, 127 of the 271 groundwater drinking water protected areas (47%) were ‘at risk’ of deterioration and 71 were not meeting good chemical status 

Working with water companies, we identify safeguard zones around public water supplies where additional pollution control measures are needed. Safeguard zones focus pollution prevention and regulatory activity to protect drinking water quality. 

Bathing waters

The Environment Agency has been monitoring bathing water sites for bacteria such as E coli and intestinal enterococci since the 1990s. High-quality bathing waters have health and wellbeing benefits and boost local economies. In 2023, there were 62 million domestic day visits taken to the seaside in England, with visitors spending £2.6 billion on these trips. In 2022 and 2023 the Environment Agency led a community-based project to better understand the health and wellbeing benefits of blue space.

In 2023, four new sites were designated as bathing waters in England, bringing the total number across the country to 424 - the highest number ever. Overall, 95.7% of bathing waters passed the required standards in 2023. Those bathing waters meeting the highest standard, excellent, dropped to 66.4%, similar to levels seen in 2017 and 2018. The number of poor bathing waters rose to the highest level since adopting the new classification system in 2015; 4.3% of all bathing waters in England.

There are a range of factors which influence bathing water quality. The unseasonably wet summer and the resulting land run-off, spills from storm overflows and diffuse pollution from agriculture and highway drainage will have affected the classifications in 2023. This is discussed further, and next steps are outlined in the Bathing Waters Annual Classifications 2023.

The Environment Agency’s Swimfo website provides detailed information on each of these bathing waters and notifies bathers when pollution risk forecasts have been issued.

Agriculture

The agriculture sector encompasses around 100,000 premises covering 70% of the land in England. It is one of the most significant influences on water quality and water-dependent ecosystems. The main pollutants from farming are: 

  • nutrients (phosphorus and nitrate) 
  • chemicals including pesticides, veterinary medicines, and emerging chemicals 
  • faecal bacteria and pathogens 
  • soil run-off from fields 

We work with farmers to secure environmental improvements and improve compliance with environmental regulations such as: 

We also regulate intensive pig and poultry farms and other activities, such as protecting groundwater, under EPR. 

In 2023, we inspected 934 farms permitted under EPR. 97% of these (908 farms) were in the highest compliance bands (A and B) with no or minor environmental effect. 0.4% of these (4 farms) were in band D or below, which could have significant or major environmental effect. 

Increased funding through the Agriculture Regulatory Taskforce programme meant we carried out 3,940 targeted farm inspections at 3,754 non-permitted farms in 2023, compared with 3,173 in 2022. From these inspections we found that that 3,918 of 7,204 improvement actions had been completed. But at 42% of these farm inspections we found non-compliance with environmental regulations. And at 49% of inspections we found non-compliance with at least one of the Farming Rules for Water. Failure to undertake current nutrient planning and soil tests was the most common reason for breach. 

We continue to provide advice and guidance to support farmers to take steps to be compliant. But we will use our enforcement powers when advice is not taken or there is a risk of, or actual, environmental impact or deliberate offending. During 2023, we issued 346 enforcement responses from our inspections, primarily warning letters and site warnings.

We use evidence in our risk-based approach to targeting farm inspections. There are more than 100,000 farm holdings in England and we have identified the highest risk farms in the highest risk catchments. Our inspections focus on the sectors where we find the highest number of pollution incidents, currently dairy and beef. We also target farms that pose the highest risks to European protected sites, nutrient neutrality catchments, and other protected areas. 

Water abstraction

Abstraction and impounding licensing in England is regulated through the Water Resources Act 1991, as amended by the Water Act 2003 and supporting regulations. Under this legislation any person who abstracts more than 20m3 per day of water from the environment, or impounds water, may need a licence. We grant licences to abstract specific volumes of water over specified periods, subject to conditions such as only taking water when the minimum flow level in the river needed to protect wildlife is exceeded. We include conditions on licences to protect the water rights of existing abstractors and to ensure that the needs of the environment are met and protected. 

We check compliance by reviewing data submitted by licences holders, undertaking inspections, or by licence holders self-reporting breaches. In 2023, we received abstraction returns from 86% of licence holders required to submit them. We inspected 2,943 abstraction and impounding licences (15% of all licences); 698 of these inspections were of water company licences.   

In 2023, we recorded 1,065 non-compliances against 761 abstraction licences (around 4% of all licences). Some licences had more than one non-compliance. Most licence compliance breaches were recorded against agricultural (44%) and water industry (19%) licences. The water industry abstracts by far the most water from the environment, and agriculture has the greatest number of licences. 

The highest proportion of non-compliant licences were recorded for abstraction metering or measurement issues (23%), not submitting abstraction returns (21%) or other records issues (16%). In 170 cases (16% of non-compliances) licence holders were found to have taken more water than their licence allowed. This non-compliance could have affected other legitimate water users or adversely affected the water environment.  

The majority of the most serious licence non-compliances, with a major or significant reasonably foreseeable impact on the environment or other abstractors, were due to licence holders not submitting abstraction returns, over abstraction (water theft), records issues, not complying with compensation flow requirements (such as releasing a minimum flow from a reservoir), and other metering issues. Records, returns and metering issues would only be considered as having a major or significant impact where there is persistent long-term offending.   

Since April 2022, some water abstraction licence holders have begun receiving email alerts though the Manage your water abstraction licence service. These alerts are designed to provide quicker, targeted warnings of approaching restrictions that protect the environment and the rights of other water users. This enables them to better prepare for any disruption and quickly start taking water again once river flows or groundwater levels have recovered. During the 2022 to 2023 financial year, 915 abstraction alerts were sent via the service. Of these, 640 (70%) were sent as e-alerts, reaching the customer instantly as opposed to 275 (30%) which were sent out via post as letters. 

Sustainable water abstraction

Current levels of abstraction are unsustainable in 27% of groundwater bodies and 15% of surface waters, reducing water levels and damaging wildlife. By the end of 2023, our Restoring Sustainable Abstraction programme was 94% complete. In total, we have changed 371 abstraction licences to make them more sustainable, returning 50 billion litres of water a year to the environment. We are working with abstractors to complete the programme before the end of December 2027. The completed programme will have reviewed nearly 400 abstraction licences. 

Reservoir regulation

Reservoirs in England are regulated by the Reservoirs Act 1975. This sets stringent conditions for their operation to ensure high levels of safety. They are designed and operated to ensure the likelihood of failure is extremely low. Responsibility for ensuring the safety of reservoirs lies with their operators. Our job, as the regulator, is to ensure they comply with the legal safety requirements. We assess compliance at all 2,133 large, raised reservoirs in England. We use a range of enforcement options to address non-compliance.   

In 2023, we:   

  • recorded 161 certificates after satisfactory completion of an inspection  
  • recorded 70 certificates which contained measures to be taken in the interests of safety  
  • recorded 53 certificates showing that measures to be taken in the interests of safety had been satisfactorily completed  
  • served 18 enforcement notices: 6 for overdue measures in the interest of safety, 9 for failure to appoint a supervising engineer and 3 for failure to appoint an inspecting engineer  

We are working on a Reservoir Safety Reform programme and update this webpage regularly with our progress.   

Waste, resources and waste crime

The regulatory framework for the waste sector exists to protect the environment and human health and to provide a level playing field for a market in which legitimate businesses can operate and invest with confidence.  

We are the main regulator of waste management in England. EPR provide the framework to regulate waste activities. We are responsible for:

  • determining environmental permits
  • the registration of exemptions for low-risk waste treatment
  • the registration of waste carriers, brokers and dealers
  • carrying out related inspection and other compliance assessment activities 

We also work to prevent, disrupt and prosecute those who attempt to operate illegally outside of the regulatory framework. 

Waste reuse and recovery helps protect natural resources and reduce the need to dispose of material to landfill. Managing waste properly and tackling waste crime also contributes to a more circular economy where resources are used and reused, with minimal waste and pollution. This shift has environmental, financial, and social benefits. 

Waste production and management 

Most waste is now reused or used for energy generation, but this has led to a large increase in the number of sites storing and treating wastes, often in close proximity to communities. In turn this has increased the risks of problems such as fires, odour and noise. Operators are expected to reduce these risks through the use of appropriate management plans.

Waste management inputs (million tonnes) 2015 to 2023 

Year Treatment Transfer Landfill
2023 95 45 39
2022 96 43 40
2021 92 45 43
2020 87 46 40
2019 85 46 46
2018 82 46 44
2017 78 46 45
2016 72 47 45
2015 64 45 44

Waste produced by regulated industry

In 2023, the total amount of waste produced by the industrial sites we regulate under EPR was 16.2 million tonnes, a 7% increase from 2022. Waste recovered by sites with permits dropped to 69% in 2023.

The sectors producing the most waste in 2023 were:

  • incineration and energy recovery, producing 4 million tonnes, of which 86% was recovered
  • biowaste treatment, producing 3 million tonnes, of which 81% was recovered
  • food and drink, producing 2 million tonnes, of which 94% was recovered

Waste produced by sites with permits, 2015 to 2023 (million tonnes)

Year Waste produced by sites with permits (million tonnes)
2023 16.2
2022 15.2
2021 17.4
2020 17.7
2019 15.1
2018 14.8
2017 16.8
2016 15.4
2015 14.0

Waste recovered by sites with permits, 2015 to 2023 (%)

Year Waste recovered by sites with permits (%)
2023 69
2022 77
2021 75
2020 73
2019 74
2018 72
2017 68
2016 67
2015 65

Packaging waste extended producer responsibilities

The Packaging Waste (Data Reporting) (England) Regulations 2023 (as amended) introduced the requirement for large producers of packaging to enrol and submit data on a new digital service about the packaging they supply to the UK market.

In 2023, 5,461 producers enrolled under these regulations. Defra used the producers submitted data to develop illustrative fees, which producers will be required to pay in 2025. The data showed that around 11.5 million tonnes of packaging were supplied to the UK market in 2023. Data collected is split into material categories and whether the packaging waste ends up in households or public bins.

The data submitted in 2024 will be used to further refine the illustrative fees. The implementation of the new Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, which came into force on 1 January 2025, aims to reduce the amount of packaging waste and increase the recyclability of packaging supplied to the UK market.

Our compliance work focuses on producers we expected to submit data but did not, and on large producers of packaging, to ensure they are reporting in line with the requirements of the legislation. This work will ensure the data submitted is an accurate reflection of packaging supplied to the UK market.

Hazardous waste

Hazardous waste has the potential to cause serious environmental damage, and without effective regulation it can cause harm to people and wildlife. Our hazardous waste and waste classification regime works to ensure hazardous waste is managed in accordance with the Hazardous Waste (England & Wales) Regulations 2005. We do this by making sure that hazardous waste is described, moved and treated correctly.

Waste classification checks at waste sites, installations and producers ensure that hazardous waste is correctly classified. During the 2023 to 2024 financial year, we undertook 2,363 waste classification audits. This is a 45% increase from the 1,632 audits we carried out during the 2022 to 2023 financial year and almost double the 1,174 audits in 2021 to 2022.

There are about 3 million individual movements of hazardous waste every year. In 2023, there were over 6 million tonnes of hazardous waste moved, an increase from 5.4 million tonnes in 2020. Over a third of this waste sent for recovery, 22% was sent for treatment and 18% was sent to waste transfer stations prior to recovery. Over 700,000 tonnes (12%) of hazardous waste were sent to landfill in 2023. Other fates for hazardous waste include transfer for deposition and incineration with or without energy recovery.

We estimate that around 2.2 million tonnes of hazardous waste is either mis-described or is not entering the waste chain through any reporting routes at the Environment Agency. 

In 2023, 1.29 million tonnes of hazardous waste was produced by sites we regulate under EPR, making up 21% of the hazardous waste movements in England. Almost half (45%) of this hazardous waste from EPR sites was recovered. Most of the hazardous waste from regulated sites is produced by the energy from waste, chemicals and metals sectors. 

High risk fire sites and abandoned sites

We are supporting the government’s ambitions for waste reduction by focusing our compliance work on poor performing waste management operators and directing resources to sites presenting a high fire risk or risk of abandonment. During the 2023 to 2024 financial year, there were 244 sites that were a high fire risk, abandoned or pre-abandoned. 126 (52%) of these sites were resolved at the end of the financial year, 113 (46%) were still active and 5 (2%) were re-opened.

High risk fire sites and abandoned sites from financial year 2017-18 to 2023-24

Year High risk fire sites High risk fire sites and abandoned sites Abandoned sites Pre-abandoned sites Total
2023-24 202 25 9 8 244
2022-23 179 23 6 7 215
2021-22 145 24 6 4 179
2020-21 271 69 12 8 360
2019-20 241 65 12 8 326
2018-19 212 66 12 8 298
2017-18 162 66 12 7 247

Waste crime

Waste crime covers a range of illegal activities, including dumping, exporting, or deliberately mis-describing waste. Waste crime affects the environment, local communities and legitimate businesses. It costs the economy and taxpayer an estimated £1 billion each year.

Our 2023 waste crime survey estimated that only a quarter of waste crime is reported, 18% of all waste is perceived to be being illegally managed, and over 40% of businesses within the waste industry believe they have been affected by waste crime. The findings will be used to shape our strategic response to waste crime.

Illegal waste sites

At the end of March 2024, we recorded 344 illegal waste sites as being active. This was down from 407 at the end of March 2023 and the lowest number on our records. The number of high-risk illegal waste sites was 164 at the end of March 2024, lower than our target of 180.

Illegal waste sites active at the end of the year, 2015-16 to 2023-24 

Year All sites active at the end of the financial year High risk sites active at the end of the financial year
2023-24 344 164
2022-23 407 174
2021-22 419 188
2020-21 470 197
2019-20 544 238
2018-19 685 255
2017-18 673 267
2016-17 601 262
2015-16 622 273

New illegal waste sites found and illegal activity stopped, 2015-16 to 2023-24

Year New sites found Illegal activity stopped
2023-24 427 462
2022-23 443 482
2021-22 445 561
2020-21 621 722
2019-20 775 940
2018-19 896 912
2017-18 856 812
2016-17 852 824
2015-16 1016 989

Illegal dumping

In the financial year 2023 to 2024, we dealt with 103 incidents of illegal dumping that were within our remit. There has been a downward trend in these types of incidents since the financial year 2019 to 2020, despite an increase in 2023-24.

Illegal dumping incidents within our remit and dealt with by us, 2015-16 to 2023-24

Year Illegal dumping incidents
2023-24 103
2022-23 57
2021-22 91
2020-21 151
2019-20 230
2018-19 204
2017-18 226
2016-17 218
2015-16 125

Waste exports

The Environmental Improvement Plan commits to strengthening the regulation of those controlling and transporting waste to require more background checks and to make it easier for regulators to take action against non-compliant operators. 

Over the past 4 years, exports of notified waste, which is exported under stricter controls, have been reducing but increased slightly in 2023. In 2023, 2.4 million tonnes of notified waste were exported from England, compared with 4.3 million tonnes in 2018.

We carry out assessments of exporters that ship packaging waste subject to producer responsibility regulations. In 2023, over 3.5 million tonnes of this type of packaging waste were exported by accredited exporters in England. This is higher than the 3.2 million tonnes in 2022, and 3.3 million tonnes in 2021. We approved 5,474 applications from operators for overseas sites to receive packaging waste for reprocessing. 

Illegal waste exports

Businesses involved in the shipment of wastes must ensure that the waste they handle is managed in an environmentally sound manner throughout its shipment and recovery at the end destination. Waste is sometimes deliberately mis-described as recyclable material when it is not to circumvent legislative requirements. 

We inspected 2,772 containers of waste in the financial year 2023 to 2024. Of these, 320 were stopped which, combined with our regulatory intervention at waste sites, prevented the illegal export of 33,978 tonnes of waste. The total estimated revenue to the UK economy from waste prevented and stopped at site was around £3.5 million.

We have introduced additional measures to tackle illegal exports. These include increasing desktop inspections of information from waste sites that had issues with exports in the past.  

Illegal waste exports, 2015-16 to 2023-24

Year Number of containers stopped Number of containers inspected
2023-24 320 2,772
2022-23 490 1,556
2021-22 260 1,390
2020-21 176 1,719
2019-20 430 1,889
2018-19 236 926
2017-18 367 1,012
2016-17 193 923
2015-16 187 1,388

Regulating nuclear and non-nuclear activities

Radioactive substances and radiation have many beneficial uses including their use in medicine, diagnostics and in low carbon power generation. Regulation enables the delivery of these benefits and their contribution to sustainable development while protecting people and the environment. Our regulation covers nuclear and non-nuclear radioactive substances and activities.  

We regulate the disposal and discharge of radioactive wastes from the nuclear industry in England, as well as conventional activities on nuclear sites, such as waste management. We work with government and the nuclear industry, providing advice and guidance on the regulatory framework and opportunities to streamline regulation of the nuclear industry and new power stations.

Non-nuclear radioactive substances are widely used by hospitals, universities and industry. We regulate activities to do with the use and storage of radioactive material and radioactive waste to make sure they meet high standards of environmental protection. 

New nuclear and fusion

The construction of new nuclear power stations and the development of new nuclear technologies forms part of the government’s strategy to ensure that we continue to have secure supplies of low carbon energy and to achieve net zero by 2050. In 2023, nuclear power stations provided just over 14% of total electricity generated in the UK. Almost 90% of this capacity is due to be retired by 2030.

In 2023, we continued our design assessment of the UK Rolls-Royce Small Modular Reactor design and continued our regulation of the construction of the new nuclear power station at Hinkley Point C. We also granted all three operational environmental permits for Sizewell C and provided permitting pre-application advice and guidance for early-stage construction and on planning matters. Hinkley Point C and Sizewell C are each capable of meeting 7% of the UK’s future electricity needs. 

We work with government to build capability and enable future development and potential deployment of advanced nuclear reactors. These include small modular reactors, advanced modular reactors and fusion. We have been supporting the government’s advanced modular reactor research development and demonstration (AMR RD&D) programme, engaging with industry and preparing to assess and regulate a potential high temperature gas reactor (HTGR) demonstrator.

Radioactivity in the environment

Each year, the UK environment and food safety agencies collaborate on the monitoring and assessment of radioactivity in food and the environment, publishing the results in the Radioactivity in food and the environment (RIFE) report. This independent programme is an important part of our regulation and fulfils a vital reassurance role. The most recent RIFE report showed that there were no major changes in radioactivity levels in 2023, and radiation exposure of the public from the permitted discharge of radioactive waste continued to be well below legal limits.

Geological disposal of radioactive waste

Together with the Office for Nuclear Regulation, Natural Resources Wales and the Northern Ireland Environment Agency, we continue to provide pre-application advice to Nuclear Waste Services’ Geological Disposal Facility (GDF) Programme. We have published our most recent annual report that summarises our work related to the geological disposal of radioactive waste. This is a joint report with the Office for Nuclear Regulation.

We are independent of the siting process, but we do provide information to the public and other stakeholders on how we will regulate a GDF to protect people and the environment. There is more information on how we engage with stakeholders on GDF matters in the paper Environment Agency’s engagement plan for geological disposal. 

Control of major accidents and hazards 

The Control of Major Accident Hazards (COMAH) Regulations aim to provide a high level of protection to people and the environment from major accidents. They apply where there are sufficient inventories of dangerous substances or activities that give rise to significant risks. We regulate COMAH establishments in England as a joint competent authority with either the Health and Safety Executive or the Office for Nuclear Regulation.  

As lead for environmental protection, with a core aim of contributing to delivering sustainable development, our work focuses on environmental risk assessments and protection measures, containment systems, flood preparedness and adaptation to climate change. Using a range of options, from advice and guidance to more formal enforcement, we have secured improvements across many COMAH sites. We also ensure learning from national and international incidents is identified and embedded into our regulatory activities.

In the first decade of our regulation of COMAH establishments (from 1999), we were investigating one or more major accidents to the environment every year. In 2023, the environmental impacts of the few incidents that did occur at COMAH sites were prevented or controlled, so that no serious harm was caused to the environment. 

We are working with the other COMAH competent authority regulators across the UK to identify and control new or changing risks associated with delivering net zero. We are also engaging with trade bodies through organisations such as the COMAH Strategic Forum (CSF) and the Chemicals and Downstream Oil Industries Forum (CDOIF) on net zero and climate change adaptation working groups. While there are many existing good practices that are relevant to addressing the challenges of delivering net zero and climate change adaptation, new and updated practices may still be needed.

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