Cork City Air Quality Strategy

2. LEGISLATIVE AND POLICY FRAMEWORK

2.1 Introduction Sources of air pollution emissions occur across all sectors of the economy. Many of these pollutants are also sources of greenhouse gas emissions. As a result; actions taken to address air pollution and climate change can have a mutually reinforcing effect. In addition, recent scientific assessments have highlighted the links between certain air pollutants known as Short Lived Climate Pollutants (SLCPs) that also have a warming effect on the climate. SLCPs include black carbon (BC), methane (CH 4 ) and tropospheric ozone (O 3 ) and have detrimental impacts on human health, agriculture and ecosystems. The primary approach to air pollution control to date has been by regulation, though fiscal measures have also played an important role in reducing air pollution in the past. For example, an excise tax differential was introduced for leaded petrol which brought about a widespread move to lead-free fuel ahead of the EU wide regulatory ban on leaded petrol in 2000. Such measures can continue to play an important role in the transition to cleaner fuels which will be required as we take the necessary steps to move towards meeting tighter health-based World Health Organisation (WHO) air quality guideline values, and a low carbon sustainable society. The issue of indoor air quality is increasingly recognised as an important aspect of exposure to air pollution, as we spend as much as 90% of our time indoors. Ireland has shown international leadership on this issue when the then Minister for Health introduced the ban on smoking in indoor workplaces in 2004 to address a significant source of indoor air pollution. However, other threats arise from other indoor sources; for example, research across the EU has found elevated levels of toxic air pollutants indoors where stoves and open fires are used. There is also evidence of poorer health outcomes, particularly for vulnerable groups, for those living in houses where coal is used for heating. 2.2 National Air Quality Legislation The Air Pollution Act, 1987 is the primary basis for national air quality legislation in Ireland. The Act sets out the statutory definition of air pollution and contains a general obligation to prohibit air pollution along with powers to prevent it. The powers of the Act are devolved to individual local authorities; providing them with a range of regulatory options with which they can enforce emissions standards. Responsibility for the regulation of emissions from large, industrial sources rests with the Environmental Protection Agency (EPA). Smaller sources of emissions are regulated by local authorities under Section 30 of the Act. The Act also provides the Minister for the Environment with powers to make regulations in relation to fuel quality which have been instrumental in tackling ‘smog’ from residential ‘smoky’ coal in our larger cities and towns. The prohibition on the sale and distribution of ‘Smoky Coal’ has successfully improved public health where the ban has been applied. The Air Pollution Act was amended in 2015; with the introduction of fixed penalty notices for a range of offences and broadened the areas included in low smoke zones. Councils can issue an on the spot fine for alleged offences relating to the marketing, sale and distribution of prohibited fuels in Low Smoke Zones (LSZs), with a penalty range of €250 to €1000.

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