Emission limits and quality objectives EPA 1990 s. 3
Secretary of State can set emission limits, quality objectives, and standards for processes and substances, and make plans for pollution reduction.
The Secretary of State may make regulations under subsection (2) or (4) below establishing standards, objectives or requirements in relation to particular prescribed processes or particular substances. Regulations under this subsection may— in relation to releases of any substance from prescribed processes into any environmental medium, prescribe standard limits for— the concentration, the amount or the amount in any period of that substance which may be so released; and any other characteristic of that substance in any circumstances in which it may be so released; prescribe standard requirements for the measurement or analysis of, or of releases of, substances for which limits have been set under paragraph (a) above; and in relation to any prescribed process, prescribe standards or requirements as to any aspect of the process. Regulations under subsection (2) above may make different provision in relation to different cases, including different provision in relation to different processes, descriptions of person, localities or other circumstances. Regulations under this subsection may establish for any environmental medium (in all areas or in specified areas) quality objectives or quality standards in relation to any substances which may be released into that or any other medium from any process. The Secretary of State may make plans for— establishing limits for the total amount, or the total amount in any period, of any substance which may be released into the environment in, or in any area within, the United Kingdom; allocating quotas as respects the release of substances to persons carrying on processes in respect of which any such limit is established; establishing limits of the descriptions specified in subsection (2)(a) above so as progressively to reduce pollution of the environment; the progressive improvement in the quality objectives and quality standards established by regulations under subsection (4) above; and the Secretary of State may, from time to time, revise any plan so made. Regulations or plans under this section may be made for any purposes of this Part or for other purposes. The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the making and the revision of any plan under subsection (5) above and shall make the documents containing the plan, or the plan as so revised, available for inspection by members of the public at the places specified in the notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 gives the Secretary of State the power to make regulations setting limits on the concentration, amount, or rate of release of substances from prescribed processes into any environmental medium. It also allows setting standards for measuring or analysing those releases, and requirements for the process itself. The same power covers quality objectives or standards for any environmental medium, which can be area-specific.
Regulations can vary by process, person, location, or other circumstances. The Secretary of State can also make and revise plans that set total release limits, allocate quotas, and aim to progressively reduce pollution. Any plan must be announced in the London, Edinburgh and Belfast Gazettes and made available for public inspection. The terms "prescribed processes" and "prescribed substances" are defined in section 2 of this Act.
When it applies
- The Secretary of State proposes new regulations setting emission limits for incinerators.
- A business seeks to understand the legal basis for recently published quality objectives for water.
- A member of the public checks the London Gazette for notice of a revised plan for total pollutant limits.
- An industrial operator needs to know if the Secretary of State has the authority to impose different standards for different regions.
- A legal advisor is researching the scope of the Secretary of State's power to regulate emissions under this statute.
What this section does not say
- This provision does not itself set any emission limits or quality objectives; those are in regulations made under it.
- It does not apply to private individuals or businesses directly; it only grants powers to the Secretary of State.
- It does not specify the actual substances or processes; those are prescribed by regulations under section 2.
- It does not provide for enforcement or penalties for breaching limits; those are in sections 23 and 24.
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This page reproduces the text of EPA 1990 s. 3 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.