Catherine Murphy (Kildare North, Independent)
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Question 406: To ask the Minister for the Environment, Community and Local Government in the context of developing our own domestic renewable energy sector, particularly wood biomass and wind-generated electricity, as well as reducing our over-dependence on imported fossil fuels, the progress made in relation to amendments to the regulatory regime for smoky and smokeless fuels to prepare for the application of the carbon tax to solid fuels; and if he will make a statement on the matter. [18341/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 require that with effect from 7 June 2011 all bituminous coal placed on the market for residential use must have a sulphur content of no more than 0.7%. This has the effect of placing the main provision of the existing Voluntary Agreement between my Department and the Solid Fuel Trade Group (SFTG), representing the majority of major coal importers, on a statutory footing. The new Regulations will consolidate the environmental benefits achieved by the Voluntary Agreement, which has been in place since 2002.

To support local authority enforcement, the Regulations also require coal bagging operators and suppliers to register with the Environmental Protection Agency (EPA). Persons or bodies placing coal on the market are required to hold records which certify that their product complies with the 0.7% sulphur standard. All bags of coal placed on sale must be sealed.

Compliance with the 0.7% sulphur standard will be demonstrated through an auditing and certification system, which was developed in consultation with key stakeholders and which will be overseen by the EPA's Office of Environmental Enforcement.

It is my intention that the enforcement of the Regulations will be further supported by increases in penalties under the Air Pollution Act 1987 that are being introduced by the Environment (Miscellaneous Provisions) Bill, which has passed Second Stage in the Dáil.

The primary environmental objective of the new Regulations is to maintain good air quality standards in order to protect human health from noxious emissions to air which result from the use of bituminous coal in residential dwellings. The Regulations were also developed to facilitate the application of the carbon tax to coal used in residential dwellings. This is subject to a commencement order by the Minister for Finance to allow for the development of a robust mechanism to counter the large scale sourcing of more polluting high sulphur coal from Northern Ireland. This robust mechanism is now in place.

The development of the renewable energy sector is a matter for the Minister for Communications, Energy and Natural Resources.