Patrick Nulty (Dublin West, Labour)
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Question 178: To ask the Minister for the Environment, Community and Local Government if he will introduce statutory regulations to ensure that each potential site for a quarry undergoes independent geological testing as part of the planning process to ensure that the quarry's rocks are of a high standard that will not cause problems such as those caused by pyrite in construction; if he will introduce statutory regulations to ensure ongoing independent geological testing of quarries for the purposes of ensuring quality; and if he will make a statement on the matter. [21138/12]

Patrick Nulty (Dublin West, Labour)
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Question 179: To ask the Minister for the Environment, Community and Local Government if he will introduce statutory regulations along the lines of those introduced in Quebec, Canada, to ensure that both quarries and developers certify that all quarry extracts meet international quality standards; and if he will make a statement on the matter. [21139/12]

Patrick Nulty (Dublin West, Labour)
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Question 180: To ask the Minister for the Environment, Community and Local Government if he will improve the S.R.21 regulations in view of the fact that the less than 1% total sulphur regulation is insufficient; and if he will make a statement on the matter. [21140/12]

Patrick Nulty (Dublin West, Labour)
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Question 181: To ask the Minister for the Environment, Community and Local Government in view of the widespread availability of high quality limestone, if he will introduce statutory regulations to prohibit the use of rock containing significant quantities of mudstone as building aggregate; and if he will make a statement on the matter. [21142/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 178 to 181, inclusive, together.

The Pyrite Panel which I set up in September, 2011 is due to report to me shortly. On receipt of the report I will give careful consideration to any recommendations it may contain in relation to the adequacy of existing standards in relation to the end use of aggregates, including the sufficiency of SR21 and the need for any new standard.

A strong statutory framework for the regulation of construction activity already exists under the Building Control Acts 1990 and 2007 and relevant European standards. The Building Regulations set out the legal requirements for the design and construction of buildings, including houses and extensions. Related Technical Guidance Documents (TGD) provide technical guidance on how compliance with the regulations can be achieved in practice. Work carried out in accordance with the guidance provided in the TGDs is considered prima facie evidence of compliance with the Building Regulations. The key requirements relevant to the use of hardcore material for buildings are set out in Part C (Site Preparation and Resistance to Moisture) and Part D (Materials and Workmanship) of the Second Schedule to the Building Regulations. The Building Regulations and related TGDs are subject to on-going review.

The Construction Products Directive provides for a system of harmonised technical specifications for construction products. There is a suite of European Standards and Guidance Documents for the use of aggregates including their use in concrete, bituminous mixtures, mortar etc. The standards and guidance documents set out testing requirements for the aggregates depending on their end use. Quarries are required to have in place a testing regime to ensure compliance with the requisite standard.

IS EN 13242:2002 is a harmonised European Product Standard for "Aggregates for unbound and hydraulically bound materials" for use in civil engineering work and road construction. IS EN 13242:2002 was published by the National Standards Authority of Ireland (NASI) in 2002 and came into effect in January, 2003. Standard Recommendation (SR) 21, published by NSAI in 2004, provides guidance on the use of IS EN 13242:2002. It was revised in 2007 to give additional specific guidance on reducing the risk of reactive forms of pyrite being present in material fill for use under concrete floors in dwellings and buildings.

While IS EN 13242:2002 limits the total sulphur content for aggregates to 1%, there is a requirement for on-going testing where the initial results are between 0.1% and 1%. If the value of total sulphur content during initial testing is less than 0.1% no further testing is required unless there is a significant change in the quarry deposit. If the result is between 0.1 and 1% there is a risk of swelling from pyrite and it is advised that a suitably experienced petrographer carry out a detailed mineralogical examination to ascertain the material's suitability for end use, and establish an appropriate testing frequency for total sulphur from an assessment of the variability of the quarry deposit.