Written answers

Tuesday, 14 May 2013

Department of Environment, Community and Local Government

Air Pollution

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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444. To ask the Minister for Environment, Community and Local Government with reference to the Air Pollution Act, if he will update Dáil Éireann on the impact of the new regulations on activity in the black market; if he will advise businesses that legitimately operate in this sector whose customer bases have heretofore been drawn from within and outside of the restricted area; and if he will make a statement on the matter. [22760/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), which were given effect following a public consultation process, provide for a ban on the marketing, sale, distribution and burning of bituminous (or "smoky") fuel inside specified ban areas. The Regulations introduced some improved and updated provisions that will help to ensure that the smoky coal ban remains fit for purpose in safeguarding air quality by limiting harmful emissions of air pollutants arising from the use of residential fuels.  These are as follows:

- most existing smoky coal ban area boundaries were revised to take recent urban development into account;

- seven new towns were added to the ban from May 2013 - Greystones, Letterkenny, Mullingar, Navan, Newbridge, Portlaoise and Wicklow Town; and

- a prohibition on the burning of bituminous fuel to complement the established ban on marketing, sale and distribution. 

The single focus of the previous regulations on prohibiting the sale, as distinct from the burning, of "smoky" coal meant that the burning of such coal inside ban areas undermined the intent and purpose of the ban and the supply of such fuel was known to be facilitated by businesses that had established premises just outside ban area boundaries to serve ban area residents as their main market. The revised boundaries and prohibition on the burning of smoky coal inside ban areas support the effectiveness of the ban in the areas concerned by restricting such activities and hence closing the loophole. These updated provisions were broadly welcomed by the EPA, local authorities and the import and supply industry, on the basis that they provide for more effective legislation. My Department continues to meet regularly with the EPA, local authorities and the industry representatives to discuss the ongoing implementation and enforcement of the Regulations.

In the case of new towns that were added to the ban, a lead-in period of eight months was provided to allow local authorities and fuel retailers time to adapt as necessary to the new regulatory requirements in preparation for the switch-over to smokeless fuels. Following the inclusion of these areas, the smoky coal ban applies in all towns with a population greater than 15,000 people. This provides for greater consistency in urban air quality standards throughout the State by extending the cleaner air benefits of the ban to all large towns.

The Regulations also require that all smoky coal sold outside ban areas for residential use outside those areas must have a sulphur content of no more than 0.7%.  This compares to a maximum permitted sulphur content of 2% for bituminous coal sold in Northern Ireland. ‎Coal bagging operators and certain solid fuel suppliers trading in smoky coal must demonstrate the compliance of their product with the 0.7% sulphur limit and be registered with the EPA. The National Standards Authority of Ireland has prepared an annual traceability audit system, known as SWiFT 7, for demonstrating compliance. All retailers who trade in smoky coal must ensure that their suppliers are registered with the EPA and must hold a record to this effect with their supplier's registration number.

Despite these regulatory improvements, I recognise that different standards applying to coal between separate jurisdictions presents a continuing challenge for enforcement. On 6 May I announced that a joint North-South study is being commissioned to examine air pollution from residential smoky coal and to consider the potential policy options to reduce such emissions. A closer alignment of solid fuel policy and legislation on an all-island basis would aid enforcement, eliminate unfair competitive advantage, protect air quality and allow the benefits derived from the ban to potentially be further extended.

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