Air Pollution from Diesel trains

Dear Mr Willingham,

Thank you for your email of 10 January 2010.

We aim to respond to any Freedom of Information request within 20
working days. We will write to you again not later than 8 February 2010.

Yours sincerely

Joan Chimbo
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London
WC2B 4AN

Tel: 020 7282 3925
Fax: 020 7282 2043

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Dear Mr Willingham,

I write further to my e-mail of 11th January, regarding information on
our powers to tackle air pollution from diesel trains.

After further review, I am treating your request under the terms of the
Environmental information Regulations 2004 (EIR 2004) rather than
Freedom of Information legislation, as your request clearly falls under
EIR 2004.

The Office of Rail Regulation (ORR) has no powers conferred on it to
deal with instances of environmental nuisance caused by rail services,
and/or railway operations. Air pollution, noise and vibration issues
are regarded as a statutory nuisance rather than a threat to safety.
The Environmental Protection Act 1990 -
http://www.opsi.gov.uk/acts/acts1990/Ukp... which is
enforced by local authorities' Environmental Health Officers, is the
most appropriate legislation for dealing with air pollution caused by
diesel trains, nuisance noise and environmental pollution (including
vibration). Section 79 of the EPA 1990, deals with air pollution.

I would suggest that you refer your concerns about air pollution to your
local environmental health officer details will be listed in your local
telephone directory.

Should you have any queries about your request, please contact me. If
you are unhappy in any way I have handled your request, you have the
right to ask for an internal review. Under Regulation 11(2) this needs
to be done no later than 40 working days after the date of this e-mail.
Internal review requests should be addressed to Samantha McClelland
Hodgson, Board Secretary at:

Office of Rail Regulation
One Kemble Street
London
WC2B 4AN

Fax 020-7282 2154
Email: [email address]

If you are not content with the outcome of the review or how we have
handled your request, you may apply directly to the Information
Commissioner (IC) for a decision. Generally the IC cannot make a
decision unless you have exhausted the complaints procedure provided by
ORR. The IC can be contacted at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel 01625 545745

Web www.ico.gov.uk

Yours sincerely

Joan Chimbo
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London
WC2B 4AN

Tel: 020 7282 3925
Fax: 0207 282 2043

Email: [email address]

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