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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
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
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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
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
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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
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.
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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
 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.
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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
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.
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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
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.
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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
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.
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Environmental Science and the Law – Air Pollution – © Brian Foley, 2006.
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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