DExEU/EM/7 -2018.2  1 EXPLANATORY MEMORANDUM  TO 
THE AIR QUALITY (DOMESTIC SOLID FUELS STANDARDS) (ENGLAND) 
REGULATIONS  2020  
2020  No. [XXXX]  
1. Introduction  
1.1 This explanatory memorandum has been prepared by the Department for 
Environment, Food and Rural Affairs and is laid before Parliament by Command of 
Her Majesty.  
2. Purpose of the instrument  
2.1 This instrument gives effect to certain aspects of the Government’s Clean Air Strategy 
published in 2019 relating to the domestic burning of certain types of wood, c oal and 
manufactured solid fuels. Such action is necessary since d omestic burning through 
wood burning stoves and coal fires now makes up the largest single contributor to 
national emissions of fine particulate matter (PM 2.5).   
2.2 This instrument  introduces , in relation to England,  restrictions on the sale of wet wood 
for domestic burning, limits the emission of sulphur and smoke from  manufactured 
solid fuels  and phases out the sale of bituminous coal (traditional house coal) . The 
requirements in this instrument are backed by criminal sanctions and are to be 
enforced by local authorities.  
3. Matters of special interest to Parliament  
Matters of special interest to  the Joint Committee on Statutory Instruments  
3.1 None.   
Matters relevant to Standing Orders Nos. 83P and 83T of the Standing Orders of the House 
of Commons relating to Public Business ( English Votes for English Laws)  
3.2 This entire instrument applies to England only.  
3.3 In the view of the Department, for the purposes of House of Commons Standing Order 
No. 83P of the Standing Orders of th e House of Commons relating to Public B usiness, 
the subject -matter of this instrument would be within the devolved legislat ive 
competence of the Northern Ireland Assembly if equivalent provision in relation to 
Northern Ireland were included in an Act of the Northern Ireland Assembly as a 
transferred matter , and the Scottish Parliament if an equivalent provision in related to 
Scotland were included in an Act of the Scottish Parliament, and the National 
Assembly for Wales if equivalent provision in relation to Wales  were included in an 
Act of the National Assembly for Wales.  
3.4 The Department has reached this view because this instr ument only applies in relation 
to the supply of fuels intended for domestic use in England.  
4. Extent and Territorial Application  
4.1 The territorial extent of this instrument is England and Wales .  
 
DExEU/EM/7 -2018.2  2 4.2 The territorial application of this instrument is set out in Sect ion 3 under “Matters 
relevant to Standing Orders Nos. 83P and 83T of the Standing Orders of the House of 
Commons relating to Public Business (English Votes for English Laws) ”. 
5. European Convention on Human Rights  
5.1 The Secretary of State  for the Environment, Food and Rural Affairs  has made the 
following statement regarding Human Rights:  
“In my  view the provisions of the Air Quality (Domestic Solid Fuels Standards) 
(England) Regulations 2020 are compatible with the Convention rights.”  
6. Legislative Context  
6.1 This instrument is made under section 87 of the Environment Act 1995 (c. 25) and 
gives partial effect to the Government ’s Clean Air Strategy published in in 2019  by 
phasing out the sale of the most polluting fuels used for domestic burning . The 
instrument also goes towards meeting obligations placed upon the UK by the EU 
Treaties and international agreements relating to ai r quality, i n particular Directive 
2016/2284/EU of the European Parliament and the Council relating to national 
emission ceilings for certain atmospheric pollutants (OJ No L 344, 17.12.2016, p 1) 
and the United Nations Economic Commission for Europe 1979 C onvention on Long -
Range Transboundary Air Pollution and its 1999 Protocol to Abate Acidification, 
Eutrophication and Ground -level Ozone, which was revised in 2012.  
7. Policy background  
What is being done and why?  
7.1 The policies enacted by this instrument are in tended to improve air quality , and are 
focused on PM 2.5 emissions.  PM 2.5  has been identified by the World Health 
Organisation as the most damaging air pollutant.  The tiny particles in smoke can 
enter the bloodstream and internal organs causing long term  health issues, as well as 
having more immediate impacts on some, such as breathing problems or asthma 
attacks.   
 
7.2 Domestic burning is the biggest single source of PM emissions, accounting for 
approximately 38% of the UK’s PM 2.5 emissions in 2016 , more tha n industrial 
combustion (16%) and road transport (12%) combined  (as stated in the Impact 
Assessment related to these proposals) .  The National Statistics on Emissions of air 
pollutants in the UK 1970 to 2018 (published in February) indicate that 41% of the  
UK’s PM 2.5 emissions c ame from the domestic burning of wood and coal  in 2018 .  
We know there is uncertainty about this data, given the difficulties in accurately 
estimating the extent and nature of domestic burning.  But we are confident that this is 
the largest source of PM 2.5 emissions.  Given the impact of PM 2.5 on human health, i t 
is important to take action to reduce the impact of domestic burning on the health o f 
householders and their neighbours.  
7.3 The principle change is that we will be phasing out the sale, distribution and 
marketing of traditional house coal, wet wood sold in units up to 2m ³, and introducing 
sulphur and smoke emission limits for manufactured solid fuels.   
 
DExEU/EM/7 -2018.2  3 7.4 We are not banning stoves or open fireplaces.  We are looking to shift people from 
more polluting to less polluting fuels.  We are looking for people to move f rom wet 
wood to dry wood, and from traditional house coal to smokeless coal and low sulphur 
manufactured solid fuels.   
7.5 We estimate that restrictions on the sale of wet wood will abate 87.9 kilo tonnes (kt) 
of PM 2.5 emissions between 2020 and 2030.  Restri ctions on the sale of traditional 
house (bituminous) coal are estimated to abate 3.7 kt of PM 2.5.  The instrument will 
contribute to Government meeting its 2030 Emission Reduction Commitments 
through the abatement of approximately 9.37kt of PM 2.5 in the ye ar 2030.  
7.6 Defra consulted on the cleaner domestic burning of solid fuels and wood between 
August – October 2018.  500 responses were received.  The Government response to 
the consultation was published in February  2020 .  The announcement received very 
wides pread and largely positive media coverage, including on the front pages of 
several newspapers , focusing on the impact the changes will have on air pollution, the 
impact that PM 2.5 from coal and wet wood has on human health, and the fact that 
cleaner alternatives such as dry wood and manufactured solid fuels will still be able 
for households to burn.  Some coverage  highlighted the endorsement of health 
professionals, including the Ro yal College of Physicians.  Critical stakeholder 
reaction from the fuel industry led to some negative coverage, focusing on the claim 
that the measures would have a negative impact on poorer households, but this was 
limited, and mitigated by evidence that cleaner fuels have been shown to be more 
efficient and cheaper in the long run.  
8. European Union (Withdrawal) Act/ Withdrawal of the United Kingdom from the 
European Union  
8.1 This instrument does not relate to withdrawal from the European Union  / trigger the 
statement requirements under the European Union (Withdrawal) Act  
9. Consolidation  
9.1 This instrument does not amend another instrument, and there is no need for 
legislation to be consolidated.   
10. Consultation outcome  
10.1 Defra undertook an eight -week c onsultation on the cleaner domestic burning of solid 
fuels and wood, which ran from 17 August to 12 October 2018.  The proposals in this 
consultation included restrictions on the sale of wet wood for domestic burning, 
phasing out the sale of traditional ho use coal, and applying sulphur standards and 
smoke emission limits to all manufactured solid fuels.   
10.2 This consultation was available on Citizen Space (an online survey platform).  Key 
stakeholders were emailed to announce the consultation.  The consultati on was also 
promoted by a press release.   
10.3 500 responses were received to the consultation.  276 organisations and 224 
individuals responded.  The organisations included fuel suppliers, distributors, 
industry bodies, local authorities and non -governmental organisations.  
10.4 There was a range of views on our proposals to restrict the sale of wet wood so that 
only dry wood can be bought in smaller volumes (as wood sold in smaller quantities 
is more likely to be used immediately).  The Government response to the c onsultation  
 
DExEU/EM/7 -2018.2  4 said that w e intend to take forward our proposal for a mandatory certification scheme 
demonstrating that wood sold in volumes under 2m ³ is dry.  In line with the views of 
most respondents, we intend that this requirement should be delayed for o ne year to 
allow existing stocks to be used up.  Feedback from smaller wood producers was that 
they may struggle to meet the requirement straight away.  Given this, smaller 
suppliers will have an extra year to comply.  
10.5  We received a wide range of comments on our proposals to phase out the sale of 
traditional house coal.  Some members of the coal industry argued that the proposals 
would damage this industry, and some argued that it is disproportionate.  Some 
respondents referred to the health benefits of pha sing out traditional house coal, 
stating that these benefits outweighed any justification for delay, and that bituminous 
coal is highly toxic.  The World Health Organisation recommends against the 
residential use of unprocessed, ie not smokeless, coal.   
10.6 As stated in t he Government response , we intend to introduce a ban on the sale of 
bagged traditional house coal one year after the response is published.  We are not 
looking to ban the sale of all coal.  We want to see a move away from traditional 
house coa l to less polluting fuels such as smokeless coal (anthracite) and low sulphur 
manufactured solid fuel.   
10.7 Some respondents were concerned about the impact the measures could have on those 
on low incomes in rural areas who rely on coal as a cheap form of hea ting.  
Government considers that people in fuel poverty should be protected from the effects 
of more polluting fuels as much as everyone else.  We have carried out analysis which 
shows that manufactured solid fuels are actually cheaper to burn than coal wh en 
energy efficiency is taken into account.  Government recognises that to support these 
households a transition period is needed.   For a transitional period, approved coal 
merchants will be able to sell loose traditional house coal direct to their custom ers.  
This transition period will allow coal merchants to work with their customers to help 
them identify alternative fuels which might meet their heating needs at comparable 
cost. 
10.8 We intend to grant an exemption to freeminers in the Forest of Dean, given the 
importance of this activity to local heritage and identity.  
10.9 In line with the views of the considerable majority of respondents, we intend that all 
manufactured solid fuels used for domestic burning should have a sulphur content 
below 2% and emit less t han 5g smoke per hour.  This will come into effect one year 
after publication of the Government Response.  
10.10  The Government Response can be found at 
https://www.gov.uk/government/consultations/air -quality -using -cleaner -fuels -for-
domestic -burning/outcome/summary -of-responses -and-government -response   
10.11  We have kept in touch with devolved administrations about this policy area 
throughout the policy development process.   
11. Guidance  
11.1 Guidance will be provided for manufacturers, distributors and supplie rs of relevant 
fuels to ensure that they understand the legislation and the requirements around 
certification so that they are compliant when this legislation comes into force.   
 
DExEU/EM/7 -2018.2  5 11.2 Separate guidance will also be made available for Local Authorities so that th eir 
Enforcement Officers have a clear understanding of the certification schemes and 
their ability to enforce the legislation.  
11.3 It is our intent to supplier this guidance to all relevant parties three months ahead of 
the legislation coming into force.   
12. Impact 
12.1 The impact on business, charities or voluntary bodies is  that the Regulations are likely 
to result in additional costs to business.  The total net estimated cost to the solid fuel 
sector in terms of profit lost is £14 million over the 11 -year period in  the central 
scenario used in the Impact Assessment.  It mainly results from lower volumes of 
wood sold due to the higher energy efficiency of dry wood compared to wet wood.  
Also, some businesses selling wood will need to invest in drying equipment and in cur 
an estimated operating cost estimated at £83 million in present value terms over the 
appraisal period.  The monitoring and administrative costs to be covered by 
businesses are anticipated to be £27 million in present value terms over the 11 -year 
period  in the central scenario.      
12.2 The impact on the public sector is  that there will be costs arising from an information 
campaign to promote cleaner burning habits (£220,000 over 3 years)  and local 
authority enforcement costs estimated at £1.2 million over th e 11 years.   
12.3 A full Impact Assessment is submitted with this memorandum and published 
alongside the Explanatory Memorandum on the legislation.gov.uk website.  
13. Regulating small business  
13.1 The legislation applies to activities that are undertaken by small bus inesses.  
13.2 No specific action is proposed to minimise regulatory burdens on small businesses  
other than with regards to small foresters.  Some small foresters expressed concern 
that our requirements on wet wood would be difficult for them.  For example, they 
may need to invest in kilns or storage sheds.  We intend to give small foresters an 
extra  year to comply.   This is to give them time to season their wood down to the 
required level or consider changes to their business model.  A proportionate approach 
to enforce will be taken, with enforcement agencies working with small foresters to 
support t hem in meeting the new requirements.  The legislation defines small foresters 
as those producing less than 600m ³ a year.   
14. Monitoring & review  
14.1 The approach to monitoring of this legislation is that the Secretary of State must 
review its provisions from tim e to time, and publish a report setting out the 
conclusions of the review.  The first report must be published before five years after 
the day after the day after the instrument is made.  Further reports must be published 
at least once every five years.  The report must set out the objectives of the legislation, 
the extent to which these objectives have been achieved, whether the objectives are 
appropriate, and whether they could be achieved in a less onerous way.    
 
DExEU/EM/7 -2018.2  6 15. Contact  
15.1 Andrew Baxter  at the Department fo r Environment, Food and Rural Affairs  
Telephone: 0208 026 2717  or email: Andrew.Baxter@defra.gov.uk  can be contacted 
with any queries regarding the instrument.  
15.2 Lee Davies , Deputy Director for Air Quality and Industrial Emissions  at the 
Department for Environment, Food and Rural Affairs  can confirm that this 
Explanatory Memorandum meets the required standard.  
15.3 Rebecca Pow  at the Department for Environment, Food and Rural Affairs  can confirm 
that this Explanatory Memorandum meets the required standard.