S.I. No. 76/2025 - Air Pollution Act 1987 (Solid Fuels) (Amendment) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th March, 2025.

I, DARRAGH O'BRIEN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by 53 of the Air Pollution Act 1987 (No. 6 of 1987) and the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 ( S. I. No. 393 of 2016 ) (as adapted by the Communications, Climate Action and Environment) (Alteration of Name of Department and Title of Minister) Order 2020 ( S. I. No. 373 of 2020 )), hereby make the following regulations:

Air Pollution Act 1987 (Solid Fuels) (Amendment) Regulations 2025

Citation and commencement

1. (1) These Regulations may be cited as the Air Pollution Act 1987 (Solid Fuels) (Amendment) Regulations 2025.

(2) These Regulations come into operation on 31 March 2025.

2. The Air Pollution Act 1987 (Solid Fuels) Regulations 2022, Regulation 5(4) is amended -

By substituting for Regulation 5(4)(b) the following:

(b) subject to a market assessment, with effect from 1 September 2030, have sulphur content less than 1% by weight on a dry ash-free basis.

GIVEN under my Official Seal,

7 March, 2025.

DARRAGH O’BRIEN,

Minister for the Environment, Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The original regulation proposed that coal products and manufactured solid fuels, including manufactured part biomass products, must have sulphur content less than 1% by weight on a dry ash-free basis from the 1^st of September 2025, subject to a market assessment.

Following the assessment, it was determined that it was not appropriate to reduce the sulphur level at this point and instead it should be re-assessed before September 2030. as such this provision is being amended in this regulation.