Prescribing processes and substances EPA 1990 s. 2
Empowers the Secretary of State to prescribe industrial processes needing authorisation under section 6 and substances controlled under sections 6 and 7.
The Secretary of State may, by regulations, prescribe any description of process as a process for the carrying on of which after a prescribed date an authorisation is required under section 6 below. Regulations under subsection (1) above may frame the description of a process by reference to any characteristics of the process or the area or other circumstances in which the process is carried on or the description of person carrying it on. Regulations under subsection (1) above may prescribe or provide for the determination under the regulations of different dates for different descriptions of persons and may include such transitional provisions as the Secretary of State considers necessary or expedient as respects the making of applications for authorisations and suspending the application of section 6(1) below until the determination of applications made within the period allowed by the regulations. Regulations under subsection (1) above shall, as respects each description of process, designate it as one for central control or one for local control. The Secretary of State may, by regulations, prescribe any description of substance as a substance the release of which into the environment is subject to control under sections 6 and 7 below. Regulations under subsection (5) above may— prescribe separately, for each environmental medium, the substances the release of which into that medium is to be subject to control; and provide that a description of substance is only prescribed, for any environmental medium, so far as it is released into that medium in such amounts over such periods, in such concentrations or in such other circumstances as may be specified in the regulations; and in relation to a substance of a description which is prescribed for releases into the air, the regulations may designate the substance as one for central control or one for local control. In this Part “ prescribed substance ” means any substance of a description prescribed in regulations under subsection (5) above or, in the case of a substance of a description prescribed only for releases in circumstances specified under subsection (6)(b) above, means any substance of that description which is released in those circumstances.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section empowers the Secretary of State to make regulations designating specific processes that require statutory authorisation under section 6 before they can be carried out. These regulations can define processes by their operational characteristics, location, or the type of person running them, and can set different start dates for different categories of operator.
The section also allows the Secretary of State to prescribe specific substances whose release into the air, water, or land is subject to legal control under sections 6 and 7. The regulations can limit control to specific environmental media, set thresholds based on amount, concentration, or release circumstances, and assign processes or substances to either central or local enforcement control.
When it applies
- A factory operator checking whether their chemical processing plant requires a formal authorisation under section 6.
- A local authority officer determining whether a timber treatment activity falls under central control or local control enforcement.
- An industrial business reviewing regulations to see if the volume and concentration of their emissions exceed the threshold for a prescribed substance.
What this section does not say
- The actual granting or refusal of an individual permit for a specific factory, which is governed by section 6.
- Statutory nuisance claims regarding noise or odor from non-prescribed commercial premises.
- The direct prosecution of offenses and penalties for unauthorized releases, which are established elsewhere in this Act.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 2 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.