The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

Part I of the Environmental Protection Act 1990 makes provision for integrated pollution control. lt also makes provision for the control of air pollution by local authorities.

Under Part I prescribed processes require authorisation. In granting authorisation the enforcing authority must seek to ensure that the best available techniques not entailing excessive cost are employed to prevent or minimise the release of any substance prescribed for any environmental medium.

These regulations—

(i) specify the processes which are prescribed for the purposes of Part I of the 1990 Act;

(ii) prescribe the substances the release of which into a particular medium is controlled;

(iii) designate the prescribed processes either for central integrated pollution control by Her Majesty’s Inspectorate of Pollution in England and Wales or by Her Majesty’s Industrial Pollution Inspectorate or river purification authorities in Scotland or for local authority air pollution control.

The regulations provide a framework for the implementation of a substantial number of EC Directives relating to the control of pollution such as 84/360/EEC on the combating of air pollution from industrial plants (OJ L 188/20: 16.7.1984).

The listed processes and control

The processes for which authorisation is required are listed in Schedule 1 to the regulations. Schedule 1 is to be read in conjunction with Schedule 2 which sets out rules for the interpretation of Schedule 1 and regulation 4 which sets out general exceptions.

Processes described in Schedule 1 under the heading “Part A” are subject to integrated pollution control; those listed under the heading “Part B” to local air pollution control (regulation 5).

The main exceptions (set out in regulation 4) are for Part A processes which have no (or a minimal) capacity to result in the release into the air, or on or into land or into water of substances prescribed for those media; and for Part B processes which have no (or minimal) capacity to result in the release into the air of substances prescribed for air. There are also exceptions for domestic activities; vehicle engines; and processes carried on for educational purposes. Schedule 2 deals with such matters as the position of processes falling within 2 or more descriptions; and processes forming part of larger processes.

The prescribed substances

The prescribed substances the release of which must be prevented or restricted are listed in Schedules 4 to 6. Schedule 4 relates to release into the air; Schedule 5 to release into water; Schedule 6 to release into land.

Commencement and transitional provision

Part I of the 1990 Act also provides that the Secretary of State shall specify the date from which authorisation is to be required to carry on particular processes. Regulation 3(1) and (3) and Schedule 3 are concerned with this matter. Processes are brought within control over extended periods and special provision is made as respects existing processes which are defined very widely to include processes to be carried on at plants under construction (or the subject of construction contracts) when the regulations come into force. Different dates are prescribed for Part A and Part B processes and for England and Wales and for Scotland.