SMOKELESS ZONES

Brief Outline

In the 1990's legislation was introduced to control the sale of bituminous or "smoky" coal in Ireland. Initally introduced in Dublin, it has over the years been extended to other cities and towns throught Ireland. As a result of recent regulations, there are now over 25 areas where the sale and burning of smoky coal is banned. There have been rumours circulating that Ennis, Carlow, Clonmel and Athlone would not be coal ban areas, but as the legislation shows, these four areas have been classed as smokeless zones since the regulations of 2011. Below you will find details as to the history of the legislation to date and maps of each of the areas.

History- an outline of the development of the legislation

Current Legislation - what are the details of the ban at present

Smoky Coal Ban Areas - Maps and details of the specified areas where the ban is in place. Please note that the map for Dublin is not yet available. Also due to the size of the files, we have included a link to the Department of Environment's website for each map.

HISTORY

There has always been a tradition of burning coal in Ireland. We even mined coal in Ireland, in the not too distant past. And the person who delivered our fuel to our door, has long been called the "coal man". However due to the increase in concerns for health risks and air quality issues from "winter smog" (smoke and sulphur dioxide emissions)in the 1980's, the Department of Environment introduced legislation to control the sale and supply of 'smokey' coal.

Initially, legislation was introduced Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels), which came into effect in 1990, with a ban on the sale and supply of bituminous fuels in the Dublin area. Due to it's effectiveness in reducing sulphur dioxide levels, this ban was extended to include Cork city and some surrounding areas of the county in 1995. Five more urban areas were added in 1998 - Arklow, Drogheda, Dundalk, Limerick and Wexford. Further extension of the ban was made in 2000 to include Celbridge, Galway, Leixlip, Naas and Waterford. In 2003 Bray, Kilkenny, Sligo and Tralee were also included. (A link to the original regulations is here).

In 2002, the Department and the Solid Fuel Trade Group Ltd. signed a negotiated agreement (copy available here) to reduce the sulphur content of all bituminous coal and petcoke and also provided for the extension of the ban on the marketing, sale and distribution of solid fuels. The agreement was the culmination of a consultation process commenced in 2001 on foot of the Public Consultation Paper "Potential National Ban on Bituminous Coal and Petcoke" (Copy available here). A phased introduction of the ban was made in Athlone, Carlow, Clonmel and Ennis under this agreement up to a level of 75%.

In April 2006, the Department and the Solid Fuel Trade Group Ltd. signed a second negotiated agreement concerning further reductions in the sulphur emissions of bituminous coal and petcoke and the maintenance of existing limitations through smokeless zones on the marketing, sale and distribution of solid fuels. (Copy available here).

The latest agreement between the Department and the Solid Fuel Trade Group Ltd which was signed on 8 October, 2008 and ran until July 2011, continues to build on the significant environmental gains achieved by the previous agreements. (Copy available here).

New legislation was introduced in 2011, Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011, (External link to the legislation here) which has given a statutory basis for the agreements to date, as well as extending the the ban to Athlone, Carlow, Clonmel and Ennis with effect from August 1st 2011. Included in this legislation is a provision to limit the maximum sulphur content of bituminous coal to no greater than 0.7%. Also during 2011, the Environment (Miscellaneous Provisions) Act 2011 was enacted to increase the penalties for breach of the regulations. Now there is a maximum fine of € 5,000 on summary conviction, and also fixed payment notices or "on the spot fines" of € 1,000 for breaches of the regulations. (External link to the legislation here).

The regulations are enforced by local authorities for each of the areas covered, and additionally the EPA has been given the role of overseeing the enforcement of regulations with new legislation requiring the registration of coal baggers and suppliers. (Details of the register can be found here.)

A public consultation has taken place and a discussion document entitled Delivering Cleaner Air was published by the Department of Environment. (It can be viewed here.) Seperately and as members of the Solid Fuel Trade Group (SFTG) we submitted suggestions to this consulation, which it appears have not been taken on board, in particular in relation to the Registration of Coal Suppliers. We would have liked for the Revenue Commissioners to take on the responsibility for this, and while it has not happend as yet, we hope that it will happen in the not too distant future.

As a result of this discussion document, the Minister announced on July 9th that new regulations will be put in place for the coming winter.(You can view the details here.) The main points were:

• Existing boundaries in restricted areas will be extended to take account of recent developments, based on the 2011 Census data;
• The ban will be extended to all of County Dublin;
• Seven new towns are being including from May 2013 - these are Greystones, Letterkenny, Mullingar, Navan, Newbridge, Portlaoise and Wicklow Town and Rathnew;
• A prohibition on the burning of bituminous coal in restricted areas.

CURRENT LEGISLATION

These new regulations have been published as Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012, and can be viewed here. As a result of this legislation and proceeding legislation, there is now

• a ban on the marketing, sale, and distribution of smoky coal within certain specified areas, for which maps have been drafted;

"Section 5. (1) A person or body shall not place on the market, sell or distribute any
specified fuel within a specified area.

(2) A person or body shall not place on the market, sell or distribute, within
a specified area, any solid fuel in a bag unless—
      (a) it is sealed,
      (b) there is printed on such bag a notice in the form set out" as follows:

                "In letters at least 2 centimetres high and in a form which is clearly legible—
                    (i) the name and address of the person who packed the bag, and
                    (ii) "SMOKELESS FUEL — Contents comply with the Air Pollution Act
                         Regulations".
      "(c) such a person or body holds a record showing that the bagged product
            is not a specified fuel.

(3) A person or body may store specified fuel at a premises located within a
specified area for the purpose of placing on the market or sale at an address
outside the specified area provided that a register is maintained in the form set
out in Schedule 4 to these Regulations.

(4) A person or body may transport specified fuel within a specified area
provided—

     (a) that such fuels are so transported on or in a vehicle in a total quantity
           of not less than 3 metric tonnes in weight at any one time in the case
           of the specified area of Dublin and not less than 1 metric tone in
           weight at any one time in the case of any other specified area, and

     (b) that such vehicle is not being used at the same time within that specified
           area for the sale or distribution of any other fuels.

(5) The owner of any vehicle which is used for the transport of specified fuel
within a specified area shall retain on the vehicle—
    

      (a) a record of the quantity of each type of specified fuel on the vehicle
            and the name and address of the person or body who supplied the
            fuel, and

     (b) a record of the destination or destinations of the specified fuel and
           the name and address of the person or persons purchasing the fuel."

• a ban on the burning of smoky coal within the specified areas:

• a ban on the marketing, sale and distribution of bituminous coal outside these specified areas unless it meets the following criteria:

"(a) its sulphur content is not greater than 0.7% by weight,
(b) the product was bagged by a bagging operator registered with the
Agency,
(c) where the unit of sale is a bag, it is sealed, and
(d) such a person or body holds a current record setting out, inter alia,
the registration number issued by the Agency to the bagging operator
who supplied the product verifying that the product is compliant with
Regulation 5(a) and (b)." (Section 7 of the Air Pollution Act Regulations 2012).

• a requirement for all bagging operators (defined as a person or body who bags coal for residential supply) who supply bituminous coal to consumers to register with the EPA annually,
• a requirement for all fuel suppliers who supply bituminous coal for residential use to register every two years
• a register kept of all fuel stored within a specified area, and a record kept of any stock movements.
• 18 towns/cities covered by this legislation with effect from 31st August 2012 and a further 7 towns will be covered with effect from May 1st 2013.

These new regulations are to be enforced by the local authority responsible for each area. On the spot fines of € 1,000, and a maximum of € 5,000 for summary conviction can apply.

SMOKY COAL BAN SPECIFIED AREAS:

The Department of Environment have now published maps for each of the areas covered by this legislation, and the page containing a list of these maps is available here.

Alternatively, the EPA monitors air quality in the country and it has divided the country into four Zones. The EPA has developed a facility on its website whereby you can see the restricted areas or zones on a map of Ireland. You can find this here. (When the page loads, click on Air Quality and then click on the options to view a map.) Please note that at present these maps are not printable, however the EPA intend to make it printable in the near future.

Below is a map showing the areas affected throughout Ireland. The links for the individual maps will be added shortly, as they are only just issued.

Picture from Department of Environment. Larger picture in pdf format.

SPECIFIED AREAS OF DUBLIN:

• The city of Dublin:  View Map
• The county of Dún Laoghaire-Rathdown: View Map
• The county of Fingal: View Map
• The county of South Dublin: View Map

SPECIFIED AREA OF BRAY:  View Map

The town of Bray and its environs in the county of Wicklow, comprising the following areas:-

• The Electoral Divisions of-

Bray No.1                                      Bray No. 2                        Bray No. 3              Rathmichael

• In the Electoral Division of Kilmacanoge, the townlands of:-

Ballymorris                                   Ballynamuddagh           Ballywaltrin
Bray Commons                           Fassaroe                        Giltspur
Hollybrook                                    Irishtown                         Kilbride
Kilcroney                                      Killarney                           Kilruddery Demesne East
Kilruddery Demesne West      Oldcourt                            Springfield
Wingfield

SPECIFIED AREAS OF CORK: View Map

• The city of Cork together with the included areas in the county of Cork.
• The included areas in the county of Cork are:—

The Electoral Divisions of:—

Ballincollig                Bishopstown           Blarney         Caherlag       Carrigaline (Cork Rural) Carrigrohane Beg   Douglas                   Inishkenny    Lehenagh     Monkstown Rural  Monkstown Urban   Ovens                       Rathcooney           St. Mary’s      

In the Electoral Division of Ballygorman, the townlands of:-
Grange       Killumney

In the Electoral Division of Carrigtohill, the townlands of:-
Ballycurreen        Killacloyne          Killahora            Johnstown

In the Electoral Division of Carrigaline (Kinsale Rural), the townlands of:-
Commeen            Kilnaglery
 

In the Electoral Division of Kilpatrick, the townland of Knocknalurgan.
 

In the Electoral Division of Liscleary, the townlands of:-
Ballea              Kilmoney
 

In the Electoral Division of Matehy, the townlands of:-
Cloghphilip                  Cloghroe               Coolflugh
Dromin                          Killeen                   Loughane East
 

In the Electoral Division of Riverstown, the townlands of:-
Hermitage                  Killacloyne                    Killydonoghoe
Riverstown                 Sarsfieldscourt            Templeusque

In the Electoral Division of Whitechurch, the townlands of:-
Carhoo                       Coolowen               Kilcronan
Monard                       Rathpeacon

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SPECIFIED AREAS OF LIMERICK: View Map

• The city of Limerick together with the included areas in the county of Limerick and the included areas in the county of Clare.

• The included areas in the county of Limerick are:-

• In the Electoral Division of Ballysimon, the townlands of:-

Ballybrennan                    Ballysimon                Ballysimon (Dickson)     Ballysimon (Staunton) Ballysimon Commons   Coolyhenan              Drombanny                       Dromroe           Garryglass                        Kilbane                      Killonan                             Knockananty
Milltown                             Newcastle                 Newtown                           Peafield               Sreelane                           Towlerton

In the Electoral Division of Ballyvarra, the townlands of:-
Ballyclogh                         Casteltroy                 Garraun                              Garraunykee            Rivers                                Woodstown

In the Electoral Division of Roxborough, the townlands of:-
Bohereen                         Ballyclogh                 Ballysheedy West            Derrybeg    Derryknockane                Rathurd                     Rootiagh                           Routagh          Roxborough

The included areas in the county of Clare are:-

The Electoral Division of Ballyglass.

In the Electoral Division of Cappavilla, the townlands of:-
Clooncarhy                    Derryfada                   Garraun                              Gillogue Strawickeen

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SPECIFIED AREAS OF ARKLOW: View Map

• The town of Arklow and its environs in the county of Wicklow, comprising the

• The Electoral Divisions of:-

• In the Electoral Division of Kilbride, the townlands of:-

• In the Electoral Division of Arklow Rural, the townlands of:-

SPECIFIED AREA OF DROGHEDA: View Map

• The borough of Drogheda and its environs in the county of Louth and the

• In the county of Louth:-

• In the county of Meath:-

             The Electoral Division of St. Mary’s.

             In the Electoral Division of Julianstown, the following townlands:-
             Betaghstown                  Ministown                     Ninch
             Pilltown                           Sevitsland
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SPECIFIED AREA OF DUNDALK: View Map

• The town of Dundalk and its environs in the county of Louth, comprising the

following areas:-

• The Electoral Divisions of-

Dundalk Urban No.1                Dundalk Urban No.2              Dundalk Urban No.3
Dundalk Urban No.4                Dundalk Rural                         Haggardstown

• In the electoral Division of Castletown, the townlands of:-

Acarreagh              Balregan                 Castletown      Donaghmore       Farrandreg Newtownbalregan    Stranacarry        Tankardsrock  Tateetra                Thomastown

SPECIFIED AREAS OF WEXFORD: View Map

• The borough of Wexford and its environs in the county of Wexford, comprising the following areas:-
• The Electoral Divisions of:-

Wexford No.1             Urban Wexford No.2                 Urban Wexford No.3                                Urban Wexford Rural

• In the Electoral Division of Ardcavan, the townlands of:-

Ardcavan                Burgess                    Craanagam      Crosstown       Ferrybank North Ferrybank South   Knottown                   Tincone          

• In the Electoral Division of Carrick, the townland of Newtown.
• In the Electoral Division of Drinagh, the townlands of:-

Blackhorse                    Drinagh North                     Drinagh South         Kellystown        Rochestown                  Roughmead                       Sinnotstown             Starvehall         Whitestown Lower       Whitestown Upper

• In the Electoral Division of Rathaspick, the townland of Moorfields.

SPECIFIED AREAS OF CELBRIDGE and LEIXLIP: View Map

• The towns of Celbridge and Leixlip and their environs in the county of Kildare, comprising the following areas:-
• The Electoral Division of Celbridge.
• The Electoral Division of Leixlip.
• In the Electoral Division of Donaghcumper, the townlands of:-

Backweston Park           Ballymadeer                   Ballyoulster        Balscott                             Celbridge Abbey            Commons Lower          Commons          Commons Upper    Coneyburrow                  Coolfitch                          Dangan               Donaghcumper
Elmhall                            Loughlinstown               Newtown            Simmonstown                               St Wolstans                    Stacumny                        Stacumny Cottage          Straleek

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SPECIFIED AREAS OF GALWAY: View Map

• The city of Galway together with the included areas in the county of Galway.
• The included areas in the county of Galway are:-
• The Electoral Divisions of:-

Ballintemple                 Barna                            Carrowbrowne
Galway Rural

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SPECIFIED AREAS OF NAAS and SALLINS: View Map

• The towns of Naas and Sallins and their environs in the county of Kildare, comprising the following areas:-
• The Electoral Divisions of:-

• In the Electoral Division of Bodenstown, the townlands of:-

• In the Electoral Division of Kill, the townlands of:-
• Johnstown Kerdiffstown Palmerstown
   

SPECIFIED AREAS OF WATERFORD: View Map

• The city of Waterford together with the included areas in the county of Waterford and the included areas in the county of Kilkenny.
• The included areas in the county of Waterford are:-
• The Electoral Divisions of:-

Ballynakill                           Killoteran                        Kilbarry

• In the Electoral Division of Faithlegg, the townland of Ballygunnertemple.
• In the Electoral Division of Tramore, the townland of Knockeen.
• The included areas in the county of Kilkenny are:-
• The Electoral Division of Kilculliheen.
• In the Electoral Division of Aglish, the townlands of:-

Ballygriffin                        Granny

• In the Electoral Division of Dunkitt, the townlands of:-

Ballynamona                  Blossomhill                   Cloone         Dunkitt                            Killaspy Mullinabro                       Strangsmill

• In the Electoral Division of Rathpatrick, the townlands of:-

Kilmurry                           Luffany                           Rathpatrick
 

SPECIFIED AREAS OF KILKENNY: View Map

• The borough of Kilkenny and its environs in the county of Kilkenny, comprising the following areas:-
• The Electoral Divisions of:-

              Kilkenny No.1                        Urban Kilkenny No.2                 Urban Kilkenny Rural

• In the Electoral Division of Dunmore, the townlands of:-

             Baun                                          Loughmerans

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SPECIFIED AREA OF SLIGO: View Map

• The borough of Sligo and its environs in the county of Sligo, comprising the following areas:-
• The Electoral Divisions of:-

              Sligo East                                 Sligo North                      Sligo West

• In the Electoral Division of Calry, the townlands of:-

              Ballytivnan                                Barroe                              Carns        
              Carns (Duke)                          Cleaveragh Demesne   Farranacardy
              Hazelwood Demesne           Kiltycahill                          Rathbraghan
             Tonaphubble

• In the Electoral Division of Drumcliff East, the townlands of:-

Ballinvoher                              Lisnalurg                         Shannon Eighter
Shannon Oughter                 Teesan

• In the Electoral Division of Drumcliff West, the townland of Ballincar.
• In the Electoral Division of Kilmacowen, the townlands of:-

Ballydoogan                          Ballyfree                             Carrowroe
Derrydarragh                        Tonafortes                          Tullynagracken North
Tullynagracken South

• In the Electoral Division of Knockaree, the townlands of:-

Barnasrahy                          Cummeen                          Drinaghan
Finisklin                                Knappagh More                Lissawully
Rathonoragh                       Scardan More

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SPECIFIED AREAS OF TRALEE: View Map

• The town of Tralee and its environs in the county of Kerry, comprising the following areas:-
• The Electoral Division of Tralee Urban.
• That part of the Electoral Division of Tralee Rural that lies north of the L-6515.
• In the Electoral Division of Ballyseedy, the townlands of:-

Ballingowan                   Caherweesheen                          Camp

• In the Electoral Division of Blennerville, that part of the townlands of

Curragraigue and Tonavane that lie north of the N86 and L-6515.
 

• In the Electoral Division of Clogherbrien, the townlands of:-

Ballyenaghty                Bawnboy                          Clogherbrien
Kerries East

• In the Electoral Division of Doon, the townlands of:-

Garrane                     Listellick South

• In the Electoral Division of Ratass, the townlands of:-

Ballinorig South         Ballinorig West                  Ballybeggan
Dromthacker

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SPECIFIED AREA OF ATHLONE: View Map 

• The town of Athlone and its environs in the county of Westmeath and the county of Roscommon, comprising the following areas:-
• In the county of Westmeath:-
• The Electoral Divisions of:-

Athlone East Urban             Athlone West Urban            Athlone East Rural
Moydrum

• In the county of Roscommon:-
• The Electoral Division of Athlone West Rural.

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SPECIFIED AREA OF CARLOW: View Map

• The town of Carlow and its environs in the county of Carlow and the county of Laois, comprising the following areas:-
• In the county of Carlow:-
• The Electoral Divisions of:-

Carlow Urban             Carlow Rural                     Graigue Urban
Ballinacarrig

• The included area of the administrative county of Laois is:-
• The Electoral Division of Graigue Rural.
   

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SPECIFIED AREA OF CLONMEL: View Map

SPECIFIED AREA OF ENNIS: View Map

SPECIFIED AREA OF LETTERKENNY: View Map

SPECIFIED AREA OF MULLINGAR: View Map

SPECIFIED AREA OF GREYSTONES: View Map

SPECIFIED AREA OF NAVAN: View Map

SPECIFIED AREA OF NEWBRIDGE: View Map

SPECIFIED AREA OF PORTLAOISE: View Map

SPECIFIED AREA OF WICKLOW-RATHNEW: View Map

SMOKY COAL BAN AREAS

The following are the areas in the Republic of Ireland where the sale and burning of smoky coal is banned:

(Please click on an area for a map and a more detailed description of the townlands, etc. where sales, distribution marketing and burning are restricted):