Confusion on the coalface of the smoky fuel ban

THE introduction of the smoky fuel ban in the Ennis area last week has been marked with “considerable confusion” with claims that coal retailers are unsure about how and where the ban applies.
Green Party Councillor Brian Meaney, who has welcomed the decision to ban smoky coal, has claimed there has been a “breakdown in the communication lines and the Department of the Environment have to be held accountable”.
Meanwhile, local coal merchant, and Ennis Town Councillor Frankie Neylon has said that he has received no notification from the department about the ban.
“I have not been contacted by anybody about this smoky fuel ban, I haven’t had any notification of anything. I don’t know if it’s come into effect, we haven’t been told anything.”
Minister Phil Hogan announced in June plans to include Ennis on the list of towns and cities covered by the ban from August 1. Under the ban, it is illegal to market, sell or distribute bituminous, or ‘smoky’ coal.
However, Councillor Neylon has called for clarification on the matter ,adding that he believes any ban needs to be done on a phased-in basis. “The real problem out there is people from outside Ennis coming into town and selling cheap coal that is only fit for burning in Moneypoint rather than in the kitchens in Clare. We merchants in Ennis are looking at people going to places like Limerick and buying substandard coal and bringing it here, that’s what’s destroying the environment. The ban seems to only apply to the selling and distributing of the coal, not the burning of it.” He added that the people of Ennis want to see a smoky fuel ban in place but that it has to be phased in.
According to a spokesperson for the Department of the Environment, the bituminous fuel ban is currently in place in Ennis as announced. He stated that notification of the details of the ban was placed in the media and the local authority hasalso issued notification.
The restricted area of Ennis includes Ennis and environs, comprising the electoral divisions: Ennis Nos 1,2,3 and 4 Urban; Clareabbey; Doora; Ennis Rural; and Spancilhill.
The Department of the Environment spokesperson added, “The ban has been extended to the four towns of Athlone, Carlow, Clonmel and Ennis following lengthy consultation between the department and the Solid Fuel Trade Group (SFTG), the industry group representing major coal importers. This replaces an existing voluntary agreement between the minister and the SFTG that has been in place since October 2004. Under this agreement, the SFTG committed to maintain the smokeless fuel market penetration level in Athlone, Carlow, Clonmel and Ennis at 75%, as a percentage of overall solid-fuel sales.
“To ensure that the environmental and associated human health benefits delivered by the voluntary agreement are not eroded, the department considered it appropriate to add these four towns to the statutory smoky coal ban area along with the 16 cities and towns already covered. Under EU air quality legislation, Ireland is required to maintain existing air quality standards and can potentially be fined in the event of increased emissions of pollutants such as sulphur dioxide and particulate matter.”
He added that in making this decision, the department noted the findings of the most recent air quality monitoring report by the Environmental Protection Agency. “This report found that levels of particulate matter in smaller towns is similar or worse than those in cites as a result of the domestic burning of solid fuel. The EPA recommended to the department that the smoky coal ban should be further extended to address this.”
The enforcement of the ban is the responsibility of the local authority, which is Clare County Council in the case of Ennis. retailers who are found to be in breach of the regulations may be fined under the provisions of the Air Pollution Act 1987. This Act was recently amended by the Environment (Miscellaneous Provisions) Act 2011. Local authority-authorised persons will now be empowered to apply fixed payment notices (or on the spot fines) of up to €1,000 for breaches of the regulations governing the sale of solid fuel.