Regulations – Examples

• Air Quality.
• Clean Air.
• Environmental Protection (duty of care).
• Environmental Impact Assessment.
• Eco-Management and Audit Scheme.
• Motor vehicle tests.
• Pollution Prevention and Control.
• Statutory nuisance.
• Town and country planning.
• Waste management licensing.

Historical Context: the London Smog, 5th Dec 1952.

• Combination of emissions of smoke and SO2 from coal burning and
meteorological conditions causing a temperature inversion created a
smog which lasted several days.
• Visibility was much reduced and acid droplet concentrations high
(with a ph as low as 2!).
• Estimated PM10 (particles < 10 !m) concentrations reached 14mg/m3,
56 times the normal level.
• SO2 increased by 7 fold peaking at around 700ppb.
• Later in course compare these to current air quality standards!

The great smog helped to initiate pollution control legislation in the UK which has been developing ever since.

The Clean Air Act -1993
• First act in 1956 in response to health effects of London smog.
• Regulation of specific emissions and introduction of smoke control zones
– Significant improvements in levels of some pollutants such as smoke and SO2.
• Superseded by control of Pollution Act 1974. Added:
– Sulphur content of fuel oil.
– Use of tall stacks and chimney height control.
– Requirements for emissions information e.g. measurement of
smoke and grit from industrial installations. Includes particles other than dark smoke.
• 1993 – consolidation of previous acts.
• Although affected by subsequent EU regulations and prescribed processes for IPPC, statutory framework remains intact.

• Dark Smoke
– Prevention of visible smoke emissions from stacks and residential dwellings.
– Wording includes “reasonably practicable”, “having regard to the financial implications and current state of technical knowledge”.
• Smoke control areas where the emission of dark smoke is an offence (most urban areas).
– Enforced by Local Authorities.
– Current max level of fine is £1,000 for each offence.
• Interface with Pollution Prevention and Control.
– Where there is overlap the Environmental Protection Act and Pollution Prevention and Control Act prevail.

The Environmental Protection Act (EPA) 1990

• Part I – Integrated Pollution Control (IPC):
– list of prescribed substances and processes
– emission limits
– conditions of authorisation.
• Part II – Waste on Land:
– licences
– duty of care.
• Part III – Statutory Nuisances and Clean Air
• Part IV – Litter
• Part V – Amendment of the Radioactive Substances Act
• Part VI – Genetically Modified Organisms
• Part VII – Nature conservation

Pollution Prevention and Control (PPC)

• First set up under Part I of the Environmental Protection Act 1990.
• Revised under the Pollution Prevention and Control Act 1999.
• The PPC Regulations also transposed the EU Integrated Pollution and Prevention and Control Directive (now Directive 2008/1/EC) – the “IPPC Directive.
• From 2008 superseded by Environmental Permitting Regime.
• Enforcers
– Part A1 processes – Environment Agency.
– Part A2 and B Processes – Local Authorities.