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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 1 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 2 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. 3 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. 4 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. 5 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. 6 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. 7 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. 8