Guidance on techniques which can be employed and standards expected for the various types of process (including emission limit values, pollution abatement methods, monitoring requirements and upgrading details), are set out in the Secretary of State’s Guidance Notes - Process Guidance Notes (PGs). These notes are listed in Appendix 2
along with General Guidance Notes.
DEFRA’s Air Quality Division also produces Additional Guidance Notes (AQs) to supplement and clarify the information in the Secretary of State’s Guidance Notes (see Appendix 14 for contact details).
A set of ‘generic’ Technical Guidance Notes (TGNs) has also been issued by the Environment Agency. These provide general, and typically cross-sectoral, guidance on matters such as abatement, monitoring, and pollutant dispersion (including the determination of stack heights). These are listed in Appendix 3.
Clean Air Act 1993 (CAA93)
Consolidates the provisions of earlier Acts (i.e. the 1956 and 1968 Clean Air Acts, and part of the Control of Pollution Act 1974). Regulations made under earlier legislation still apply.
It is largely concerned (Part I) with restricting and prohibiting emissions of dark and black smoke from chimneys (section 1), and from industrial and trade premises (section 2). The Act is therefore used to control smoke from industrial or commercial bonfires. It also limits (Part II) emissions of grit, dust and fumes from non-domestic furnaces (i.e. boilers/ combustion plant). The Clean Air Act also controls chimney heights. Section 15 of CAA93 sets out the procedure for local authority approval of chimney heights for specified boilers and industrial plant.
The regulatory authorities are the Local Authorities. Under Part III of CAA93 they can establish Smoke Control Areas to strictly control smoke emissions. A Smoke Control Area may specify the type of buildings covered or exempted. The Act also gives Local Authorities powers to obtain information on emissions (gaseous, liquid, solid, or a combination) from occupiers of premises - this can apply to all premises (section 36).
Importantly, Parts I, II and III of the Act do not apply to IPPC installations.
Secondary legislation for which the empowering provisions are now the Clean Air Act 1993 includes:
Dark Smoke (Permitted Periods) Regulations 1958 (SI 1958/498)
Detail the circumstances under which dark and black smoke emissions can be permitted (or conversely prohibited) from chimneys serving boilers and industrial plant.
Clean Air (Heights of Chimneys) (Exemption) Regulations 1969 (SI 1969/411)
Define the circumstances under which chimney heights do not have to be approved. The exemptions relate mostly to temporary plant.
Clean Air (Arrestment Plant) (Exemption) Regulations 1969 (SI 1969/1262)
Specifies certain exemptions from the requirement that non-domestic furnaces are equipped with properly maintained grit and dust arrestment plant.
Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969 (SI 1969/1263)
Details the materials that can be burnt in connection with any trade or industrial process under certain conditions - i.e. that are exempted from the prohibition of emissions of dark smoke under section 2 of the Act. These regulations therefore allow industrial bonfires to occur under certain conditions.
Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971 (SI 1971/161)
Set out the procedural requirements for the measurement of grit and dust emissions relevant furnaces (combustion plant).
Clean Air Act (Emission of Grit and Dust from Furnaces) Regulations 1971 (SI 1971/162)
Set maximum permitted quantities of grit and dust that can be emitted from certain categories of combustion plant (including boilers), according to their rating. Provide the definition of grit.
Control of Asbestos in the Air Regulations 1990 (SI 1990/556)
Made under the Health and Safety at Work Act 1974, the Regulations require that scheduled works meet emission limit and monitoring requirements. They implement the relevant requirements of EU Directive 87/217/EEC. The regulators are the Health and Safety Executive (HSE) or Local Authority. See also Chapter 10 ‘Hazardous Substances’ for other legislation on asbestos.
Environmental Protection Act 1990 - Part III
Set out the regime for Local Authorities (or individuals) to take action against a range of nuisances defined as statutory nuisances. The definition includes any dust, steam, smell or other effluvia arising on industrial, trade or business premises; and also smoke emitted from premises - where it is prejudicial to health or a nuisance.
There are restrictions on taking action under EPA90 Part III for nuisances resulting from atmospheric emissions when the process is also covered by EPA90 Part I (i.e. IPC or APC), or operation is subject to regulatory controls under the provisions of CAA93.
Refer to the Statutory Nuisance section in this Register for further information, including appeals.