COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF ENVIRONMENT SPC

Tuesday, May 01, 2012

HEADED ITEM NO.

HEADED ITEM: G. Lee

3. DECLG public consultation on the review of the smoky coal ban regulations.

REPLY:

DELIVERING CLEANER AIR

Smokey Coal Ban Regulations

Review and Public Consultation                                              April 2012

  1. Do you agree with the EPA recommendation that the “smoky” coal ban should be extended to cover all urban areas?

Yes. Designation of Restricted areas should be consistent, which is not the case at the moment. This will however extend the current enforcement problems whereby urban areas are surrounded by unrestricted areas selling bituminous coal and enabling legal movement of the fuel into restricted areas. Banning the importation and sale of bituminous coal into the country would be the most effective way to deal with this enforcement issue.

  1. Do you have a view on the appropriateness of the current restricted area definition in relation to any of the cities or towns currently designated as restricted areas?

Boundary decisions are currently inconsistent. For example, previously rural parts of Dublin County have become urbanised and are still excluded from the ban on bituminous coal

  1. Do you agree that the burning of restricted fuels in restricted areas should be regulated to complement the prohibition on the marketing, sale and distribution?

 

No. Local Authorities are obliged to enforce any relevant regulation on the Statute Book and are always in receipt of complaints about perceived law breaking.

In order to enforce a ban on the burning of bituminous coal in restricted areas, it would be necessary to gain access to private residential properties. No immediate right of access is available if entry is refused. 24hrs written notice of intention to enter is required, and if that fails a warrant must be obtained from the court. This makes any such law practically unenforceable.

The alternative which has been suggested is the observation of smoke from the chimney. This however does not preclude the burning of smokeless coal, cannot be used after dark, and is therefore also impossible to prove.

Local Authorities generally do not have 24hr cover to monitor peak burning times in evenings.

  1. Do you believe that the enforcement of the regulations can be improved, in terms of the enforceability of the regulations as well as actual enforcement?

 

 

Yes. The enforceability of the regulations could be improved by reviewing them to address the following issues.

  1. The definition of a “bag” means a receptacle containing 10kg or more of coal, which is sealable .There are currently on the market fuel packages of less than 10kg which are exempt from enforcement This definition should be changed to include all fuel products.
  2. The sulphur content of fuel is inconsistent. Under the 2011 Regulations, Bituminous coal must have a sulphur content of less than 0.7%. However under the 1998 regulations, smokeless coal must have a sulphur content of less than 2%. It seems unreasonable that the legal limit for the less polluting fuel is higher.
  3. Bagging operators are required to register with the EPA. However if a Local Authority finds an unregistered bagger from outside their area, selling inside their area, it is unclear who has the authority to enforce against that bagger. This becomes particularly difficult if the bagger is from outside the State.
  4. There is no legal requirement to pay a fixed penalty notice. This compromises it’s effectiveness as an enforcement tool.

In terms of the actual enforcement of the Regulations there are a number of ways in which this could be improved.

  1. Dual, or multi authorisations from neighbouring Local Authorities, for enforcement officers to efficiently police trans boundary coal movements. This is being actively pursued by the four Dublin Local Authorities.
  2. Establish links and sharing of information between local Authorities.
  3. Provision of analytical facilities within the State to test coal and establish definitively whether or not it is bituminous.
  4. On Line sales must be addressed.
  5. Cross departmental action. Other local authority field officers can be trained and authorised to enforce the regulations.
  1. Do you believe that the new statutory sulphur standard for “smoky” bituminous coal will assist implementation of the “smoky” coal regulations.

The new regulations impose a considerable burden on Local Authorities as they are now required to enforce regulations in all unrestricted area as well as restricted areas. There are effectively two separate structures of enforcement, which leads to confusion for distributors, retailers and purchasers. As previously stated, a blanket ban on the importation and sale of bituminous coal within the state would resolve these issues and result in an improvement in air quality.