1.1 Part 1 of the Environmental Protection Act 1990 ("the Act"), with its associated regulation introduces a new system of pollution control for many processes throughout the United Kingdom. Those processes covered by the system may operate only if they hold an authorisation issued by the appropriate enforcing authority. For those that are potentially the most polluting or are technologically complex, the system requires that the processes be centrally controlled and that the authorisations must address discharges to air water and land thereby achieving the objective of "Integrated Pollution Control" (IPC). This document provides guidance on the operation of Part 1 of the Act in Scotland. It does not however constitute formal guidance to the enforcing authority by the Secretary of State for Scotland pursuant to section 7(11) of the Act.
1.2 A similar but separate system of IPC, also provided for under Part 1 of the Act, will apply in England and Wales.
1.3 This guidance explains the Act and the relevant Regulations made under it.. All the guidance in this document is informal. It should not be taken as an authoritative interpretation of the Act or of any subordinate legislation referred to in the document.
1.4 IPC will be applied to existing processes according to a rolling programme. Annex A sets out the current timetable for bringing existing processes within IPC. IPC will apply from 1 April 1992 to new processes of all descriptions, existing processes which are substantially varied (see paragraphs 3.13ff and 8.1f below) and processes listed in Chapter 1 of Schedule 1 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991.
1.5 The Act [section 4(2)] designates the enforcing authority for IPC in Scotland to be either the Chief Inspector appointed for the purpose by the Secretary of State or the relevant river purification authority.
The Secretary of state has prescribed by Regulation which IPC processes shall be controlled by the Chief Inspector and which by the relevant river purification authority.
1.6 The Act [section 4(3)] also provides the basis for a system for controlling emissions to air alone from generally less polluting processes. For such processes, local authorities (District and Island Councils) will be the enforcing authority. Separate guidance relates to these local authority controlled processes.
1.7 Relevant information and guidance is also contained in:
These items can be obtained, or will be obtainable, through HMSO.