The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

Citation, application and commencement

1.—(1) These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances) Regulations 1991.

(2) These Regulations shall come into force in England and Wales on 1st April 1991 and in Scotland on 1st April 1992.

Interpretation

2.  In these Regulations—

“the Act” means the Environmental Protection Act 1990;

“background concentration” has the meaning given to that term in regulation 4(7);

“Part A process” means a process falling within a description set out in Schedule 1 hereto under the heading ‘Part A’ and “Part B process” means a process falling within a description so set out under the heading ‘Part B’; and

“particular matter” means grit, dust or fumes.

Prescribed Provisions

3.—(1) Subject to the following provisions of these Regulations, the descriptions of processes set out in Schedule 1 hereto are hereby prescribed pursuant to section 2(1) of the Act as processes for the carrying on of which after the prescribed date an authorisation is required under section 6.

(2) Schedule 2 has effect for the interpretation of Schedule 1.

(3) In paragraph (1), the prescribed date means the appropriate date set out or determined in accordance with Schedule 3.

Exceptions

4.—(1) Subject to paragraph (6), a process shall not be taken to be a Part A process if it has the following characteristics, namely—

(i) that it cannot result in the release into the air of any substance prescribed by regulation 6(1) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant; and

(ii) that it cannot result in the release into water of any substance prescribed by regulation 6(2) except in a concentration which is no greater than the background concentration; and

(iii) that it cannot result in the release into land of any substance prescribed by regulation 6(3) or there is no likelihood that it will result in the release into land of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant.

(2) Subject to paragraph (6), a process shall not be taken to be a Part B process unless it will, or there is a likelihood that it will, result in the release into the air of one or more substances prescribed by regulation 6(1) in a quantity greater than that mentioned in paragraph (1)(i) above.

(3) A process shall not be taken to fall within a description in Schedule 1 if it is carried on in a working museum to demonstrate an industrial process of historic interest or if it is carried on for educational purposes in a school as defined in section 114 of the Education Act 1944(1) or, in Scotland, section 135(1) of the Education (Scotland) Act 1980(2).

(4) The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels it shall not be taken to fall within a description in Schedule 1.

(5) A process shall not be taken to fall within a description in Schedule 1 if it is carried on as a domestic activity in connection with a private dwelling.

(6) Paragraphs (1) and (2) do not exempt any process described in Schedule 1 from the requirement for authorisation if the process may give rise to an offensive smell noticeable outside the premises where the process is carried on.

(7) In these regulations, “background concentration” means any concentration of the relevant substance which would be present in the release irrespective of any effect the process may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of the substance as is present in:—

(a) water supplied to the premises where the process is carried on;

(b) water abstracted for use in the process; and

(c) precipitation onto the premises on which the process is carried on.

Enforcement

5.—(1) The descriptions of processes set out in Schedule 1 under the heading ‘Part A’ are designated pursuant to section 2(4) of the Act for central control.

(2) The descriptions of processes set out in Schedule 1 under the heading ‘Part B’ are so designated for local control.

Prescribed substances: release into the air, water or land

6.—(1) The description of substances set out in Schedule 4 are prescribed pursuant to section 2(5) of the Act as substances the release of which into the air is subject to control under sections 6 and 7 of the Act.

(2) The descriptions of substances set out in Schedule 5 are so prescribed as substances the release of which into water is subject to control under those sections.

(3) The descriptions of substances set out in Schedule 6 are so prescribed as substances the release of which into land is subject to control under those sections.

Michael Heseltine

Secretary of State for the Environment

4th March 1991

David Hunt

Secretary of State for Wales

5th March 1991

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

6th March 1991