The Office for Environmental Protection has published a significant new report on how the Environment Agency inspects waste operations and installations in England, and what it means for regulated businesses is worth careful attention.

Introduction

In May 2026, the Office for Environmental Protection ('OEP') published a detailed review of Environment Agency ('EA') inspections of waste operations and installations in England, covering the period 2018 to 2022.

For operators in the waste and installations sector, the report is an important document. It provides independent analysis of how the current inspection framework operates in practice, identifies areas where that framework is being strengthened, and signals clearly the direction of travel in terms of regulatory expectations and transparency. Understanding what the report says, and what it does not say, is essential context for any business navigating compliance in this sector. We published some initial thoughts on this here, and this article considers the specifics in more detail.

What the report covers

The waste sector is one of the largest regulated environmental sectors in England, with approximately 14,000 permitted sites, a figure that has grown significantly over the past two decades. The OEP’s review examined how the EA’s inspection regime for those sites operated across its four-year review period, looking in detail at inspection records, the consistency of guidance application, how non-compliance was identified and followed up, and the robustness of the EA’s reporting metrics.

The review is broad in scope, covering both the design of the inspection system and how it operates on the ground. Its conclusions will shape how the EA develops its approach in the coming years. That, in turn, will directly affect the operating environment for regulated businesses.

The headline compliance figure: What it does and doesn’t mean

One of the most widely discussed aspects of the report relates to the EA’s long-standing key performance indicator ('KPI'): that 97% of regulated waste sites are compliant. The OEP has examined the basis for this figure carefully, and its analysis is nuanced.

The EA rates sites on a compliance scale of A to F, with its KPI requiring that 97% of sites fall within the top three bands (A, B or C). This target has consistently been met. However, the OEP notes that the way in which the KPI is currently recorded means it does not, on its own, fully capture actual compliance outcomes: in 2022, 29% of sites were not inspected during the reporting period but were nonetheless recorded in Band A (the highest compliance rating), and sites recorded in Band C may have had non-compliance issues identified during inspection.

Taking this into account, the OEP considers that, based on the evidence base available during the review period, the EA can currently be confident in the compliance status of around 64% of its sites. The OEP is explicit and important in its qualification: this does not mean the remaining sites are non-compliant. It means only that there is not yet sufficient evidence to assess them with confidence. That distinction matters, and operators should be careful not to misread the finding as a suggestion of widespread non-compliance across the sector.

The inspection regime: Areas identified for improvement

The report identifies a number of areas where the inspection regime could be strengthened. During the review period, the OEP found that around one third of inspections reviewed did not follow EA guidance, and that a significant proportion of inspections were carried out remotely without a clear framework governing when remote inspection was appropriate. These findings have led the OEP to conclude that there are systemic issues in the planning and oversight of inspections that need to be addressed.

Separately, the report highlights inconsistencies in how non-compliance findings were recorded and followed up, and in the timeliness and accessibility of compliance data published by the EA.

For operators, these findings have a practical dimension. Inconsistency in how guidance is applied can mean that equivalent conduct is treated differently depending on which inspector or region is involved. Greater standardisation, which the OEP is calling for, should, over time, produce a more predictable and consistent regulatory environment.

Progress already being made

The OEP is clear that the EA has already begun taking meaningful steps to address the issues raised, and that context is important. The EA has pointed out that the OEP’s review is based on data from 2018 to 2022, and that its inspection regime has changed substantially since that period.

Steps the EA has taken since 2022 include:

• Strengthening assurance processes for inspections, with sector-by-sector reviews of Compliance Assessment Reports (CAR forms), inspector training, and feedback mechanisms (from September 2025).
• Publishing new inspection reports (CAR forms) on the public register from August 2025, improving transparency and public accessibility of compliance data.
• Issuing a revised Site Prioritisation Matrix to improve how inspections are planned and targeted.
• Introducing a new Regulatory Compliance Service to enable non-compliance issues to be recorded, tracked, and managed more effectively.
• Updating guidance on the importance of addressing both immediate environmental risks and longer-term compliance issues.
• Providing refresher training to inspectors on compliance assessment.
• Moving towards more intelligence-led and data-driven regulation, with greater use of digital systems to identify non-compliance earlier and target officer resource to higher-risk sites.

The EA has also made clear its intention to continue developing its approach, including through its wider regulatory reform programme aimed at making environmental regulation clearer, faster, and more consistent.

The OEP’s six recommendations

The report makes six recommendations to the EA, covering:

What this means for operators

For businesses operating in the waste and installations sector, the report has several practical implications for the short and medium term.

• Greater transparency: The EA has already begun publishing CAR forms on its public register, and the OEP’s recommendations call for further improvements. Greater transparency is broadly positive for compliant operators: it creates a clearer record of performance and provides a basis for constructive engagement with the regulator. However, it also means that inspection records, including how non-compliance is recorded and resolved, will be more visible. Operators should ensure that their engagement with the inspection process is thorough, and that any actions required following an inspection are completed properly and documented.

• Inspection consistency should improve: One of the key themes running through the OEP’s recommendations is the need for greater consistency: in how guidance is applied, how inspections are planned, and how non-compliance is assessed and followed up. As the EA implements these changes, operators can expect a more standardised experience across regions and sectors. That is a development that responsible operators should welcome.

• The metrics are changing: Operators should be prepared for a shift away from a single headline compliance figure towards a more nuanced, outcome-focused assessment framework. How the new metrics will be designed, and what they will mean for individual sites, is something to monitor closely.

• Enforcement focus on poor performers: The EA has been clear that its reform programme is focused on targeting resource at higher-risk and poorly performing sites, rather than simply increasing routine inspections across the board. For well-run, compliant operations, that targeted approach is the right direction - and the government’s parallel reforms on waste crime enforcement and carrier registration reinforce the same message.

Practical recommendations for operators

• Review your inspection records: With CAR forms now being published on the public register, it’s worth reviewing your records to ensure they accurately reflect your site’s compliance position and that any previously required actions have been properly completed and documented.

• Understand how your site is classified: Familiarise yourself with how your site is currently rated under the EA’s compliance banding system and what that rating is based on. If your site hasn’t been inspected recently, understand why and what the implications are.

• Engage proactively with inspectors: The OEP’s recommendations place significant emphasis on the quality of inspections and the follow-up of actions. Operators who engage constructively and respond promptly to inspection findings will be better placed as the new framework beds in.

• Monitor the EA’s response to the OEP’s recommendations: The government must respond to the report within three months. The EA’s response and the changes it signals will have direct implications for how the inspection regime operates going forward.

• Take advice on any enforcement or compliance concerns: If your site has open compliance issues, or if you have concerns about how an inspection was conducted or recorded, early legal advice is important. The direction of travel is towards greater scrutiny and accountability  and timely action is always better than a reactive response.

• Watch for wider regulatory reform: The OEP report sits alongside a broader programme of regulatory change, including the government’s reform of the waste carrier, broker and dealer regime, mandatory digital waste tracking under the Digital Waste Tracking (England) Regulations 2026 (which come into force on 1 October 2026), and wider waste crime enforcement measures.

Conclusion

The OEP’s review is a significant milestone in the ongoing development of the waste inspection regime. It is, above all, a call for a more outcomes-focused, consistent, and transparent regulatory framework and the EA is already moving in that direction. For operators, the key message is awareness: the regulatory environment is evolving, the standards expected are rising, and the visibility of compliance performance is increasing. 

Businesses that take a proactive approach to compliance, maintain good records, and engage constructively with the EA will be best placed to navigate the upcoming changes.

We advise private sector clients across the full range of environmental law issues arising in the waste and installations sector, including regulatory compliance and enforcement, permit surrender, inspection engagement, and enforcement proceedings.

Browne Jacobson at the ESS Expo 2026

Browne Jacobson is hosting the ESS Environmental Law Theatre at the ESS Expo 2026, taking place at the NEC Birmingham on 16 and 17 September 2026. The two-day programme includes dedicated sessions on the evolving inspection and enforcement landscape for waste and installations operators, including the implications of the OEP's review. Attendance is free of charge. If you would like to attend or to speak with one of our environmental lawyers at the event, please contact us.

This article is intended as general information and does not constitute legal advice. Specific advice should be sought in relation to particular circumstances.