LegalizeS.I. No. 417/2026 - Air Pollution Act 1987 (Solid Fuels)(Amendment) Regulations 2026
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 18th August, 2026.
I, DARRAGH O’BRIEN, Minister for Climate, Energy and the Environment, in exercise of the powers conferred on me by section 10 and 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 Environment, Climate and Communications (Alteration of Name of Department and Title of Minister) Order (S. I. No. 235 of 2025)), hereby make the following regulations:
Citation
1.
These Regulations may be cited as the Air Pollution Act 1987 (Solid Fuels)(Amendment) Regulations 2026.
Interpretation
2.
In these Regulations—
“Principal Regulations” means the Air Pollution Act 1987 (Solid Fuels) Regulations 2022 ( S.I. No. 529 of 2022 ).
Amendment of Regulation 10 of Principal Regulations
3.
(1) The Principal Regulations are amended by inserting after paragraph (4) the following paragraphs:
“(4A) In circumstances where producers of solid fuels may not be capable of fulfilling the requirements of Regulation 5(2) or 5(3), due to the unavailability of accredited smoke emission rate testing facilities, compliance with Regulation 5(2) or 5(3) may be satisfied in the following way:
(a) Existing solid fuel products determined to be approved solid fuels for the period from 1 September 2025 to 31 August 2026, shall be deemed to be approved solid fuels for the purposes of Regulation 5(2) and/or 5(3) for the period from 1 September 2026 to 31 August 2027;
(b) New solid fuel products may satisfy one of the following requirements:
(i) Coal products and manufactured solid fuels must have volatile matter content of 14% or less by weight on a dry ash-free basis, or
(ii) Manufactured part biomass products must have volatile matter content of 14% or less by weight on a dry ash-free basis.
Consideration as an approved solid fuel in accordance with sub-paragraphs (a) or (b) shall be for the period from 1 September 2026 to 31 August 2027 only.”.
GIVEN under my Official Seal,
13 August, 2025.
DARRAGH O’BRIEN,
Minister for Climate, Energy and the Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations amend the Air Pollution Act 1987 (Solid Fuels) Regulations 2022 to adjust requirements in compliance with Regulation 5 due to the potential unavailability of accredited smoke emission rate testing facilities.
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