Part 4: Air Quality and Environmental Recall
The UK has legally binding targets to reduce overall national emissions of five air pollutants (fine particulate matter, ammonia, nitrogen oxides, sulphur dioxide, and non-methane volatile compounds) by 2020 and 2030. The previous government committed to delivering clean air in the 25 Year Environment Plan, and consulted on a draft Clean Air Strategy (CAS) in May 2018, which received 711 responses. The final CAS was published in January 2019. It sets out the comprehensive actions required across all parts of government to improve air quality, at both the national and local levels, including by setting new and ambitious goals, bringing forward targeted legislation, investment and policies. This Act implements key proposals outlined in the CAS, enabling greater local level action on air pollution, to tackle key sources of pollutants, which will help the UK achieve its overall national emission obligations.
	The Environment Act 1995, the Clean Air Act 1993 and the Environmental Protection Act 1990 establish frameworks for local authorities to address air quality. In its manifesto, the Conservative Party committed to introducing strict new laws on air quality, and introducing new environmental targets, including for air quality.
	The Environment Act 1995 establishes the Local Air Quality Management Framework, under which local authorities have obligations to assess and manage the quality of the air in their areas. Where specified standards and objectives are not being met, authorities are required to declare Air Quality Management Areas and then prepare action plans. Amendments made to the 1995 Act by this Act strengthen these duties by giving greater clarity on the requirements of action plans enabling greater collaboration between local authorities and all tiers of local government, as well as with Relevant Public Authorities, in the creation and delivery of those plans. It also requires the Secretary of State to regularly review the National Air Quality Strategy, which specifies the standards and objectives that local authorities need to achieve.
	Part 3 of the Clean Air Act 1993 is the UK’s main legislative framework for the control of pollution from domestic solid fuel burning, a main contributor to fine particulate matter emissions in the UK. It gives local authorities the power to make an order designating parts of their area as Smoke Control Areas (SCAs), in which it is an offence to emit smoke from chimneys of buildings and chimneys that serve the furnace of any fixed boiler or industrial plant. The amendments in this Act enable local authorities to issue civil financial penalties instead of criminal prosecutions, with the aim of making enforcement quicker, simpler and more proportionate. It removes current statutory defences (including the use of an exempt appliance or an authorised fuel) which currently hinder enforcement. It strengthens the existing penalties for the sale of controlled solid fuels in SCAs, and ensure consumers are aware that it is an offence to buy these fuels for use in SCAs. It also gives local authorities the power to broaden the scope of their SCAs to include moored vessels, subject to local consultation.
	Part 3 of the Environmental Protection Act 1990 stipulates what can constitute a statutory nuisance. This includes smoke from premises, except private dwellings in SCAs which are exempt. The amendment of the 1990 Act by this Act removes this exemption in England so that a local authority will be able to pursue somebody who emits smoke from private dwellings in SCAs where it is prejudicial to human health or causing a nuisance.
	In late 2015, the government became aware that vehicles on the road in the UK were emitting more NOx (a controlled pollutant) than their emission test results would suggest. This was a result of software fitted to the vehicles. The situation highlighted the limits of the government’s powers to compel a recall of vehicles or engines for non-road mobile machinery (NRMM) for reasons of environmental non-conformity or failure. This is in contrast to the government’s power to compel a recall of any product (including road vehicles and NRMM) on the basis that it is a "dangerous product" (or "not a safe product") pursuant to the General Product Safety Regulations 2005 (S.I. 2005/1803).
	Measures in this Part also enable the Secretary of State to compel manufacturers of vehicles, vehicle components and NRMM to recall their products for reasons of environmental failure.