The Air Pollution Act, 1987 provides that “the occupier of any premises shall not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance”. The relevant enforcement agencies are the local authorities.
Furthermore, 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.
These Regulations also set technical standards for all solid fuels including wood. Fuel products which are 100% biomass products including wood products and wood logs, supplied in units of two cubic metres or less, must have a moisture content of less than 25%. Wood logs supplied in units of two cubic metres or more must now be accompanied by a notice outlining the need to store and season wet wood until it is sufficiently dried.
The primary focus of the solid fuel 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. The regulations do not vary between urban and rural areas.
On 22 April 2024, the Government approved the drafting of a Bill to make amendments to the Air Pollution Act, 1987 based on a General Scheme. The General Scheme focusses on measures to enhance the enforcement capacity of local authorities and support the effective implementation of the solid fuel regulations.