Robert Dowds (Dublin Mid West, Labour)
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To ask the Minister for Environment, Community and Local Government if he has considered amending the law to make it illegal to burn smoky coal in towns and cities; and if he will make a statement on the matter. [42460/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The ban on the marketing, sale and distribution of bituminous fuel (or ‘smoky coal ban’ as it is commonly known) was first introduced in Dublin in 1990 in response to severe episodes of winter smog that resulted from the widespread use of smoky coal for residential heating. Air quality monitoring carried out by the Environmental Protection Agency (EPA) shows that the ban has proved very effective in reducing particulate matter and sulphur dioxide levels in Dublin and the ban was subsequently extended to other urban areas.

On 9 July, following consideration of submissions received from local authorities, the health sector, the solid fuel industry, NGOs as well as members of the public under a public consultation process to review the smoky coal ban regulations, I announced that the ban would be extended to include the use of smoky coal within ban areas to complement the existing ban on the marketing, sale and distribution of such fuels. This has now been given effect through new Regulations signed by me on 31 August 2012.

The Regulations also provide for the revision of most existing smoky coal ban areas to take account of recent urban development. The Dublin ban area has been extended to include all of Dublin city, Fingal, South Dublin and Dun Laoghaire Rathdown, including many satellite towns such as Balbriggan, Saggart and Rathcoole, with effect from 31 August 2012.

In addition, seven new towns will be subject to the ban from May 2013: these towns are Greystones, Letterkenny, Mullingar, Navan, Newbridge, Portlaoise and Wicklow Town. The lead-in period for these new towns will allow local authorities and fuel retailers time to familiarise themselves with the new regulatory requirements in preparation for the switch-over to smokeless fuels.

The Regulations also require that all bituminous coal sold outside smoky coal ban areas for residential use outside those areas must have a sulphur content of no more than 0.7%. This consolidates the environmental and related human health benefits achieved by an earlier voluntary agreement with the Solid Fuel Trade Group (SFTG), representing the majority of major coal importers.

The Regulations, along with maps of the revised smoky coal ban areas and new towns being included in the ban from May 2013, are available on my Department’s website at the following link: .

Robert Dowds (Dublin Mid West, Labour)
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To ask the Minister for Environment, Community and Local Government if he will outline the law regarding the burning of household waste, plastic, and waste oil in cities and built-up areas. [42461/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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In general terms, any burning of waste that gives rise to pollution is in breach of both Waste Management and Air Pollution legislation. Section 32 of the Waste Management Act 1996 sets out the general duty of a holder of waste not to hold, transport, recover or dispose of waste “in a manner that causes or is likely to cause environmental pollution.”

With regard to such activities in built-up areas, the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 make it an offence to dispose of waste by uncontrolled burning and various actions are prohibited by the regulations, including burning within the curtilage of a dwelling. Local authorities are empowered to take legal action against offenders and fines of up to €3,000 are applicable for summary offences brought to court.

The regulations provide exemptions for certain agricultural practices but only as a last resort and after specified steps are taken to, inter alia, reduce, and recycle waste arisings. This exemption applies until 1 January 2014 when such activities will require registration with local authorities and be subject to the controls set out in the facility permit legislation. Local authorities may also exempt certain local cultural events if they so wish.