Smokey Fuel Ban

• Statutory Instruments Air Pollution Act, 1987 ( Amendment ) Regulations 2011 ( pdf 112kb )
• Air Pollution Smokey Fuel map ( Dep. of the Environment, Community and Local Government ) ( pdf 4mb )

Burning of fossil fuels such as coal is a major factor in air pollution. The sale of Bituminous (smoky) coal was banned in parts of Ireland in the early 1990's in an effort to address this issue. 'Winter smog' was a growing problem in urban areas at the time, due to the widespread use of bituminous coal, and this, in turn, had given rise to serious health effects in the population.

On 1st August 2011 a ban on the sale, marketing and distribution of smoky fuel will be introduced to Carlow Town and Environs comprising the following electoral divisions: Carlow Urban, Graigue Urban, Ballinacarrig, Carlow Rural and Graigue Rural.

The ban on smoky coal has greatly reduced levels of Particulate Matter (PM10) in major towns and cities. Black smoke decreased significantly in Dublin after the ban in 1990, in Cork in 1995 and in Limerick 1998. A 70% reduction in the average smoke levels in winter in Dublin was achieved since October 1990. The burning of bituminous coal by households in open fires is now banned in all Irish cities and large towns.

Minister Hogan has also signalled his intention to amend the Air Pollution Act 1987 to give Local Authorities powers to issue fixed payment notices for certain offences under the Fuel Regulations (Air Pollution Act 1987 Marketing Sale and Distribution of Fuels Regulations 1998 (S.I. 118 of 1998)).

Please note Carlow Local Authorities will be enforcing these regulations on anyone who sells, markets or distributes coal NOT HOUSEHOLDERS.

If you sell, market or distribute coal in the ban area and would like to find out more about this ban please contact the Environmental Awareness Officer on (059) 9136240.

Burning Regulations

• Statutory notice for burning of agricultural waste ( March 2012 ) ( pdf 80kb )

The Waste Management ( Prohibition of Waste Disposal by Burning ) Regulations 2009 came into force on the 31st of July 2009. The main points of the new legislation are as follows; however this explanation does not act as a substitute for the law.

1. It is an offence to burn any type of waste including garden waste.
2. The use of devices to burn waste such as the domestic waste incinerators is an offence.
3. It is an offence to burn household waste by use of stoves or open fires.
4. There is an exemption to allow farmers to dispose by burning of untreated/uncontaminated wood, trees, trimmings, leaves, bushes or similar materials generated by agricultural practices as a very last resort. ( This exemption does not apply unless the waste is generated by agricultural practices so it would not apply to leaves/grass/bushes from a domestic garden ).
5. The exemption for farmers only applies until the 1st January 2014, after which time all burning will be disallowed unless an application is made for a Certificate of Registration under the Waste Management ( Facility Permit and Registration ) Regulations, as amended.
6. Until 1st Jan 2014: The onus is on farmers to investigate all other more environmentally friendly methods of treatment of their green waste such as reduction, reuse, and recycling by shredding, composting or wood chipping before disposal by burning.
7. The agricultural exemption applies when all other options of disposal of the green waste generated by agricultural practices are found not to be practicable or economically viable.
8. The farmers ( holder of the waste ) will have to apply to the Local Authority and sign a statutory notice ( available above ) in advance of the proposed burning of such waste.
9. Strict conditions apply when using burning as a means of disposal of green waste ( generated by agricultural practices ) such as limiting nuisance and protection of human health and not causing environmental pollution.
10. Carlow County Council may issue a notice in response to receiving a statutory notice outlining the steps that shall be taken regarding the burning of the waste.
11. The use of untreated or uncontaminated wood waste and other similar materials can be used in barbeques for the purpose of cooking food.
12. Burning of untreated or uncontaminated wood waste or similar materials may take place at events as may be determined locally by the local authority.

Solvents Regulations

Solvents Regulations 2002 and Limitation of Emissions of Volatile Organic Compounds due to the use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007.

Introduction

These Regulations aim to limit the emissions of Volatile Organic Compounds due to the use of organic solvents in certain activities and installations. The Solvent Regulations requires a large section of Irish business, which use solvents or solvent containing materials as part of their operation, to determine if the regulations apply to them, and if so, obtain a Certificate of Compliance by October 31st 2007. A new system known as the Accredited Inspection Contractor ( AIC ) System, together with the Integrated Pollution Prevention and Control ( IPPC ) licensing system operated by the Environmental Protection Agency ( EPA ), will be used to implement the Regulations. Obligated facilities are required to have an Accredited Inspection Contractor ( AIC ) review their operations and obtain a compliant AIC report prior to applying for a Certificate of Compliance. AIC inspections must be carried out and a new certificate obtained on an annual basis thereafter.

The Irish Decorative Paints Regulations also oblige vehicle refinishers to have an Accredited Inspection Contractor ( AIC ) review their operations and obtain a compliant Accredited Inspection Contractor report. The resulting compliant AIC report along with a completed Registration Application Form and registration fee must be submitted to and approved by the local authority in whose functional area the facility is located in.

All required documentation must be provided to the local authority at least 28 days prior to January 31st 2008 or in the case of a certificate renewal at least 28 days before the expiry date of the current Certificate of Approval. Certificates of Approval must be renewed every two years for vehicle refinishing facilities.

Documentation

Applicants should note that the statutory 14 day period for consideration of an application does not commence until the following documents and application fee have been received by Carlow County Council. Three copies of each of the following documents to be submitted together with application fee of 50 Euro for both the initial application and for renewal as required:

1. Completed registration form
2. An accredited inspection contractor report ( refer to Item 5 below )

Definitions

1. Installation means a stationary technical unit where one or more activities falling within the scope defined in Article 1 of the Solvents Regulations are carried out, and any other directly associated activities which have a technical connection with the activities carried out on that site and which could have an effect on emissions.
2. Emission means any discharge of volatile organic compounds from an installation into the environment.
3. Fugitive emissions means any emissions not in waste gases of volatile organic compounds into air, soil and water as well as, unless otherwise stated in Annex IIA, solvents contained in any products. They include uncaptured emissions released to the outside environment via windows, doors, vents and similar openings.
4. Waste gases means the final gaseous discharge containing volatile organic compounds or other pollutants, from a stack or abatement equipment into air. The volumetric flow rates shall be expressed in m3/h at standard conditions.
5. Organic solvent means any Volatile Organic Compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, or is used as a cleaning agent to dissolve contaminants, or as a dissolver, or as a dispersion medium, or as a viscosity adjuster, or as a surface tension adjuster, or a plasticiser, or as a preservative.

Who needs to Register

The Solvents Regulations apply to twenty categories of industry activities ( listed in Schedule 1 of the Regulations ) using solvents in volumes above specified solvent consumption thresholds per year ( defined in Schedule 2 of the Regulations ). The impacted activities are:

1. Printing ( 3 categories )
2. Surface cleaning ( 2 categories )
3. Vehicle coating and refinishing ( now specifically prescribed for under the Decorative Paints Regulations )
4. Coil coating
5. Other coating ( metal, plastic, textile, fabric, film, paper )
6. Winding wire coating
7. Coating wooden surfaces, leather
8. Dry cleaning
9. Wood impregnation
10. Footwear manufacture
11. Adhesive coating
12. Manufacture of coating preparations, varnishes, inks, adhesives
13. Rubber conversion
14. Vegetable oil and animal fat extraction and vegetable oil refining
15. Manufacture of pharmaceutical products

The Regulations will be implemented through the existing Integrated Pollution Prevention Control ( IPPC ) licensing system operated by the Environmental Protection Agency ( EPA ) and a new system known as the Accredited Inspection Control ( AIC ) system as follows:

1. Activities with the capacity to use = 10 tonnes/year of solvents require an IPPC licence from the EPA.
2. Specified activities using less than 10 tonnes/year and which are not an activity requiring an IPPC licence ( as defined in Schedule 1 of the Protection of the Environment Act 2003 ) must operate under the AIC.

Each activity category is assigned a solvent consumption threshold in tonnes/year above which the Regulations apply. In some cases e.g. printing activities, the consumption thresholds are all greater than 15tonnes/year and would already be subject to IPPC licensing by the EPA. In other cases, e.g. surface cleaning, the consumption thresholds are below 10 tonnes/year and may require the extension of control to previously unlicensed activities.

In the case of dry cleaning and vehicle refinishing activities, there is no consumption threshold specified so all such activities are included, regardless of size.

Carlow County Council may exempt certain installations from compliance with some emission limit values in specified circumstances provided the operator demonstrates that Best Available Techniques ( BAT ) are being employed and that there is no significant risk to human health or the environment.

Accredited Inspection Contractor System

Activities that come under the AIC must do the following:

1. Register with Carlow County Council and operate in accordance with a certificate of compliance issued by Carlow County Council annually or every two years as appropriate.
2. Ensure that an AIC reviews their operations prior to the expiry of the certificate to determine the state of compliance with the Regulations and produce an AIC report. The Certificate of Compliance will be issued on the basis of this report stating that the installation is in compliance with the Regulations. The AIC will be selected from a panel of contractors accredited by the National Accreditation Board ( NAB ) to EN 45004 ( ISO/IEC 17020 ) “General criteria for the operation of various types of bodies performing inspection”.

Decision of Carlow County Council

The certificate of compliance will be issued within 14 days of receipt of the report from the Accredited Inspection Contractor, provided Carlow County Council is satisfied that the report demonstrates compliance. If not satisfied, Carlow County Council will refuse to issue a certificate. The expiry date is stated on the certificate.

Compliance

It is an offence to start up a new installation without a certificate of compliance from Carlow County Council. It is also an offence to continue to operate an existing installation after the relevant dates without such a certificate. Prosecution for an offence may be brought by Carlow County Council.

Where an operator or an accredited inspection contractor is aware that a requirement of the Regulations has been, or is being, breached Carlow County Council shall be informed, and the operator shall take all necessary measures to ensure compliance is restored within the shortest possible time.

Register

The reports submitted by the accredited inspection contractors and the certificate of compliance or notification of non-compliance are recorded in a register open to the public. See below for the full register.

Legal

These notes are for guidance only and do not purport to be a legal interpretation of these regulations. The following is a list of the Acts and Statutory Instruments that are related to solvents:

1. S.I. No 543/2002: Emissions of Volatile Organic Compounds from Organic Solvents Regulations, 2002
2. S.I. No. 199 of 2007: Limitation of emissions of Volatile Organic Compounds due to the use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007
3. Solvents Directive 1999/13/EC
4. Environmental Protection Agency Act, 1992

Links

• Environmental Protection Agency solvent information website ( external link )
• Decorative paints directive guidance ( external link )
• Irish National Accreditation Board listing of accredited inspection contractors ( external link )
• Department of the Environment website ( external link )