The Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), which took effect from 31 October 2022, introduced minimum quality standards that apply to all solid fuels distributed throughout the State. This is to ensure that the most polluting fuels can no longer be made available on the Irish market and to assist the public in transitioning to less polluting alternatives.
The primary focus of these regulations is on improving air quality and improving people’s health, by restricting the retail, online and commercial sale of smoky fuels, including smoky coal, turf and wet wood.
Local Authorities are responsible for the enforcement of the solid fuel regulations, identifying unauthorised fuels placed on the market and taking measures to counteract any illegal trade. They are also responsible for the allocation of appropriate resources to ensure that they can fulfil their air quality enforcement obligations.
My Department is working with the Local Government Management Agency to develop a business case for an enhanced enforcement structure to support the provision of improved co-ordination, expertise and advice to underpin consistent implementation of all air quality legislation across the country. I have made funding of up to €3m available to support this enforcement structure. It is aimed to have the business case submitted formally to the sector later in the year.
Pending the establishment of an enhanced enforcement structure, officials from my Department have been engaging directly with enforcement personnel on the ground, developing guidance and training, holding workshops, providing funding, and supporting the sharing of best practice in relation to a range of air quality legislative obligations that are under the remit of the Local Authorities.
In addition, work is underway to explore further strengthening the enforcement powers available to Local Authorities to support increased compliance. This will involve amending the Air Pollution Act 1987 which is the primary legislation governing air pollution.