Prescribed Processes and Substances
The Secretary of State has the power to prescribe specific processes and substances by Statutory Instrument (s.2). The power was exercised by the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 which have been amended several times. Further, the Secretary of State can make regulations to fix emission standards on prescribed processes and substances (s.3).
Once a process is prescribed, it can only be operated on authorisation from the enforcing authority (s.6). Applications must be made to the authority (Sch.1, Pt.1) and the authority can refuse authorisation or give it subject to conditions (s.7). The authorisation is transferable to somebody else who takes over the undertaking provided that the enforcing authority is notified (s.9). The enforcing authority can revoke the authorisation (s.12) or vary its conditions (s.10) and the operator can apply to have the conditions varied (s.11).
The 1991 Regulations were revoked for England and Wales by the Environmental Permitting (England and Wales) Regulations 2007. Permitting is now regulated by the Environmental Permitting (England and Wales) Regulations 2010. The 1991 Regulations remain in place in Scotland.
Read more about this topic: Environmental Protection Act 1990, Part I
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