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Air Pollution Act 1987 (Solid Fuels) Regulations 2022
The new solid fuel regulations regarding solid fuels for domestic heating apply across the Republic of Ireland came into force on 31st October 2022. These new regulations affect householders, retailers and those involved in producing or importing solid fuels. The objective of these regulations is to limit the release of pollutants from the domestic combustion of solid fuel and to protect and improve air quality.
Under the Regulations, it is prohibited to retail or distribute solid fuel for the purposes of combustion for heating (space or water) in a fireplace in a domestic or a licensed premises that is not an approved solid fuel under the Regulations.
The 2022 Regulations introduced an outright national ban on the sale and distribution of ‘unapproved’ solid fuels. Approved solid fuels must be labelled with the words “contents comply with the Air Pollution Act Regulations” and packaging must also include the EPA producer registration number. This is to give the retailer and the householder confidence that the product is an approved fuel.
To be approved, a solid fuel must conform to the relevant requirements:
- Coal products and manufactured solid fuels must have a smoke emission rate of less than 10 grams per hour
- Manufactured part-biomass products must have a smoke emission rate of less than 5 grams per hour
- Coal products and manufactured solid fuels, including manufactured part-biomass products, must have:
- Until 31st August 2025, a sulphur content less than 2% by weight on a dry, ash-free basis, and
- From 1st September 2025 (subject to market assessment), a sulphur content less than 1% by weight on a dry ash-free basis.
- Fuel products which are 100% biomass products, including wood products and wood logs, (other than wood supplied in units of two cubic metres or more), must have:
- Until 31st August 2025, a moisture content of less than 25%, and
- From 1st September 2025, a moisture content less than 20%.
The 2022 Regulations do not specifically ban the burning of unapproved solid fuels but are aimed at regulating the production, distribution and sale of approved solid fuels in the country.
The burning of solid fuels in homes is the largest contributor to particulate matter emissions in the air. Fine particulate matter (PM2.5) is the main pollutant of concern in Ireland and PM levels, according to the EPA and are particularly troublesome in built up areas such as villages, towns and cities.
In 2023 air monitoring results from EPA stations across Ireland show that fine particulate matter (PM2.5), mainly from burning solid fuel in our homes, and nitrogen dioxide (NO2), chiefly from road traffic, continue to be the main threats to good air quality. High levels of these pollutants are often associated with cold, still weather from late autumn through to early spring, when generally incidents of poor air quality of one to two days duration occur. The report identifies that using less solid fuel and cleaner fuels to heat our homes, making our homes more energy efficient and reducing our use of cars to go to school, work and play are actions that will contribute towards achieving our Clean Air targets
Retailers and merchants are now not be permitted to sell unapproved fuels. This means that you should only be able to purchase approved fuels. You may be able to source unapproved fuels outside the State, however it is an offence to transport an unapproved fuel.
Information on the registration process for producers can be found on the Environmental Protection Agency (EPA) website.
Updated FAQ documents are available using this link www.gov.ie/cleanair
Any complaints regarding the marketing, sale, and distribution of prohibited fuels should be reported to the Environmental Services Section of Monaghan County Council.
Transportation of Solid Fuels
If you are involved in the commercial transport of solid fuels in your vehicles, drivers transporting solid fuels are obliged to ensure that certain documents are carried on their vehicle. Specifically, these documents are:
- A record of the quantity of each type of solid fuel on the vehicle and the name and address of the person or body who supplied the fuel
- A record of the origin and destination or destinations of the solid fuel and the name and address of the person or persons purchasing the fuel, and
- A record demonstrating that the solid fuel is an approved solid fuel, such as an invoice, credit note, dispatch or delivery documents detailing the products purchased from a producer entered on the fuels register which shall include the registration number issued to producer under section of the Act of 1987 in respect of solid fuel being transported.
Failure to carry these documents may lead to prosecution.
Multi-agency roadside inspections take place to ensure compliance. It should also be noted that under SI 529 of 2022 it is an offence to transport unapproved solid fuels. Further information on this matter is available at www.gov.ie/cleanair.