Air Pollution



Air Pollution

Introduction

• Air Pollution Act, 1987 and Regulations made thereunder

• Gave effect to Industrial Air Pollution Directive – emissions/licensing for industrial plants.

• Shift to IPPC – residual role?

General Obligations

• S.24(1) - duty on an occupier of any premises (but not a private home) to use the “best practicable means” to limit, and if possible, to prevent polluting emissions from that premises into the air.

• It is also a criminal offence for anyone, including the occupier of private home to “cause or permit” an emission from a premises in a manner as to be a nuisance.

• Possibility of civil liability – discussed at end of lecture

Air Quality Standards

• S.50 - Minister is empowered to make regulations which specify general “air quality standards”.

• Can be specified for different areas or classes of areas, different circumstances or classes of circumstances or for different periods of time.

• Current regulations are the Air Quality Standards Regulations 2002.

• Introduced in response to changes at the European level – mainly with the Ambient Air Quality Directive and daughter directive.

• European legislative framework aims at setting objectives for ambient air quality within the Community designed

o To avoid, prevent or reduce harmful effects on human health and the environment as a whole,

o to assess ambient air quality,

o to maintain ambient air quality where it is good and improve it in other cases.

• Quite Technical regulations

Emission Limit Values

• S.51 of the Act - Minister may specify limits ("emission limit values") for emissions and

• Different emission limit values may be specified for

o different areas or classes of areas,

o different premises or classes of premises,

o different circumstances or classes of circumstances or for

o different periods of time.

• These ELV’s can relate to a particular pollutant or to a combination of pollutants.

• E.g. Air Pollution (Emission Limit Values For Combustion Plant) Regulations, 1996.

o Transposed Directive 94/66/EC into Irish law

o Covers e.g. Emission limits for emission of sulphur dioxide from large combustion plant, with rated thermal input between 50MW and 100MW, using solid fuels.

• Obligation under s.51 (3)

o Where a relevant ELV is specified in regulations

o the occupier of any premises from which the pollutant or, as the case may be, the combination of pollutants, is emitted into the atmosphere shall

o take such steps as may be necessary to ensure that such emissions do not exceed the emission limit value concerned.

Prohibition of Certain Emissions

• Section 23 empowers the Minister to make regulations prohibiting particular emissions absolutely, or subject to exemptions as he may see fit.

• Only came into effect in June 2002.

Fuel Regulations

• S.53 empowers Minister to make regulations concerned with fuel for the purpose of preventing of limiting air pollution.

• Particular types of regulations can

o Proscribe rules about the standard, specification, composition and contents of any fuel for motor vehicles.

▪ E.g Air Pollution (Environmental Specifications for Petrol and Diesel Fuels) Regulations, 2000 – petrol standards – criminal offence to sell petrol in breach.

o Regulate the production, treatment, importation, placing on the market, distribution or sale of fuel of any type or description.

▪ E.g Air Pollution (Marketing, Sale and Distribution of Fuels) Regulations, 1998. – deals with restrictions on the sale and use of certain types of fuels in Dublin and Cork.

Other Provisions

• Minister may issue guidelines on air pollution, some of whose functions are now exercised by the EPA.

• Local authorities also have a discretion to adopt Air Quality Management Plans – if these are made, they are matters which are taken into account when the EPA determines IPPC and Waste licences

• S. 39 of the Act, local authorities can designate “Special Control Areas” where it suffers from a particular air pollution problem.

• S.40 of the Act allows the order itself to prohibit the burning of certain types of fuels and waste and to prohibit certain emissions.

Enforcement

• There is provision for the use injunctions to prevent air pollution, civil liability for damage and criminal liability for breach of any section of the Act.

• Refer back to notes in Topic 3.

• Specific form of civil liability - Section 28B of the Air Pollution Act, 1987, as inserted by s.18 of the EPA Act, 1992

o Person who has suffered injury, loss or damage to his person or property by reason of an emission can recover damages from a court from the occupier of the relevant premises if the court can be convinced that the emission was a contravention of the Act.

• No compensation if

o Emission was covered by a relevant licence, or

o Is compliant with the relevant emission limit values specified under s.51 or

o Emission was such that the occupier had no reasonable control over or was the result of an act of God or an act of a third party.

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