Unit 6:  Current Legislation Affecting UK Industry: Atmosphere

6.2  Legislative Framework For Emissions to Air in The UK

Emissions of atmospheric pollutants directly effects air quality and also can indirectly affect the land and water environments through the deposition of pollutants and subsequent absorption. Wide ranging environmental and health effects can be focused upon at source through regulating the air emissions that affect air quality. UK legislation is particularly concerned with looking at emissions regulation at source and to combat the adverse environmental and health impacts. The main statutory tools used when legislating this particular area fall within:

  • Prior approval controls over predominantly industrial installations.
  • Other controls (over industrial, commercial and domestic premises, and transport).
The regulation introduced by EPA 1990 brought with it two complimentary regimes: Integrated Pollution Control (IPC), enforced by the Environment Agency or SEPA regulates the more polluting types of process. Local Air Pollution Control (LAPC), enforce by Borough Councils, District Councils or Port Health Authorities, regulates less polluting processes. 		Factory picture


Further developments, are set to be introduced are under Integrated Pollution Prevention Control (IPPC) which has been touched upon in an earlier unit, will be discussed later in terms of regulating emissions to air.

Currently, processes falling within the scope of IPC or LAPC controls are termed prescribed processes of Schedule A or Schedule B respectively type. Operators of prescribed processes are required by EPA 1990 to apply the BATNEEC principle (Best Available Technology Not Entailing Excessive Cost) to minimise or prevent releases of potentially harmful substances (prescribed substances) into the environment. IPC, which has been dealt with in an earlier unit, covers all three media, air, water and land in one authorisation, although LAPC covers air emissions only and therefore should the process also discharge to water or produce wastes to land, separate consent will be necessary.

It is important for operators of prescribed processes to understand why their processes are prescribed and what is BATNEEC for their process. The list of prescribed processes and substances is given in the Environmental protection (Prescribed processes and Substances) Regulations 1991 (as amended). BATNEEC Guidance Notes are provided for both IPC and LAPC types of prescribed process.

IPC replaces parts of previous pollution controls from the Health and Safety at Work Act 1974, the Control of pollution Act (COPA) 1974, the Water Resources Act 1991 and the Water Industry Act 1991.