Clean Air Act 1993, No. 11 (as amended)

The Clean Air Act 1993 is a key piece of legislation in the UK that addresses air pollution. Building on previous legislation, it was designed to control domestic and industrial smoke, grit, dust, and fumes to improve air quality and protect public health.

Purpose:

‍The main purpose of the Clean Air Act 1993 is to reduce air pollution from a variety of sources, including domestic homes, industry, and other premises. The Act provides local authorities with the powers needed to control emissions of smoke, grit, and dust and to declare smoke control areas where only smokeless fuels can be burnt.

Requirements:

1. Smoke Control Areas: Local authorities can declare certain areas as smoke control areas, within which emissions of smoke from chimneys are banned unless using an authorized fuel or exempted appliance.
2. Fuel Restrictions: The Act regulates the types of fuel that can be burned in different areas to reduce emissions of smoke and other pollutants. It stipulates the use of smokeless fuels in smoke control areas.
3. Emission Limits for Industrial Premises: Industrial facilities must adhere to specified emission standards and may need to use specific types of equipment or methods to control pollution.
4. Chimney Height: To disperse emissions from furnaces effectively and minimize ground level concentrations of pollutants, the Act requires that chimneys meet minimum height requirements, which are approved by local authorities based on technical assessments.
5. Abatement of Pollution: Businesses are required to use the best practicable means to limit and, where possible, prevent emissions of noxious or offensive substances.

Who They Apply To:

• Local Authorities: Responsible for enforcing the Act, including the designation of smoke control areas, approval of chimney heights, and regulation of industrial emissions.
• Homeowners and Occupants: Must comply with regulations regarding fuel use, particularly in smoke control areas.
• Businesses and Industrial Operators: Subject to emission controls and requirements regarding the operation of furnaces, boilers, and other combustion equipment.

The Clean Air Act 1993 plays a crucial role in managing and reducing air pollution in the UK, contributing to cleaner air, healthier environments, and the overall effort to combat air quality-related issues.

The Clean Air Act 1993 establishes a set of evidence requirements designed to ensure compliance with regulations intended to reduce air pollution. These requirements are pivotal for enforcing the Act effectively, ensuring that all parties meet their obligations to minimize emissions of smoke, grit, and other pollutants. Here’s a brief overview of the key evidence requirements:

1. Permit and Approval Documentation:
   • Businesses operating furnaces and other combustion installations must obtain permits or approvals, documenting that their equipment meets emission standards and chimney height regulations. These documents must be maintained and available for inspection.
2. Monitoring Records:
   • Facilities subject to the Act are required to regularly monitor their emissions. This includes maintaining records of emission levels of smoke, grit, dust, and fumes. These records must be kept to demonstrate compliance with emission limits and other regulatory requirements.
3. Fuel Usage Logs:
   • In smoke control areas, residents and businesses must use authorized fuels or appliances. Evidence of purchasing and using these fuels or the operation of approved appliances must be maintained and may need to be presented to local authorities upon request.
4. Chimney Height Calculations:
   • Evidence supporting the technical assessment and approval of chimney heights must be maintained. This includes calculations and other documentation submitted for local authority approval, ensuring that emissions are dispersed effectively.
5. Abatement Measures:
   • Businesses must demonstrate that they are using the best practicable means to prevent or reduce emissions. This might include evidence of investment in pollution control technology or operational practices designed to minimize environmental impact.
6. Compliance Notices and Enforcement Actions:
   • Local authorities may issue notices or take enforcement actions against non-compliance. Records of such actions, including compliance notices, enforcement orders, and any subsequent legal proceedings, must be properly documented.

These evidence requirements serve to underpin the enforcement of the Clean Air Act 1993, ensuring that emissions are controlled effectively and that the air quality objectives of the legislation are met.