Emma Taylor, Senior Policy Officer, Scottish Environment Protection Agency (SEPA)

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1 Examining the UK regulatory framework for the development and exploitation of unconventional gas sources Emma Taylor, Senior Policy Officer, Scottish Environment Protection Agency (SEPA)

2 Onshore Unconventional Oil and Gas in Scotland: Environmental risks and regulations Frack-off.org.uk

3 Scottish Environment Protection Agency (SEPA) Scotland s environmental regulator Non departmental public body Protect and improve the environment Regulate and monitor

4 Onshore Unconventional Oil and Gas:

5 Moratorium: onshore unconventional oil and gas developments in Scotland The moratorium will be in place while the Scottish Government completes the following work: a full public consultation a full public health impact assessment; into strengthening planning guidance; to look at further tightening of environmental regulation. The Scottish Government issued a Direction to SEPA and local planning authorities that applications are referred to them for determination

6 Exemption to the moratorium 8 th October 2015 the following exemption to moratorium was announced: the drilling of boreholes solely for the purpose of core sampling.

7 Expert Scientific Panel Independent Expert Scientific Panel on Unconventional Oil and Gas, published July 2014 Considered: Current Industry Potential in Scotland Technical Challenges Environmental and Societal Challenges Regulation and Legislative Background Public Awareness and Engagement

8 Additional work includes: To be completed Summer transport impacts research, seismic monitoring research, consideration of decommissioning and aftercare, climate change impacts research, and economic impacts research. A public consultation during winter 2016/17. Final conclusion spring 2017

9 14 th PEDL Round in Scotland

10 Regulatory Map DECC/OGA: Petroleum Exploration & Development Licence (PEDL) DECC: online <96hr Exploration well application Local authority Planning Permission SEPA Statutory Consultee DECC notifies HSE/EA/SEPA, issues well consent HSE Notification Coal Authority Authorisation SEPA Authorisation and auditing Exploration well DECC: issues 90-day extended well-test consent (When required)

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14 Well Construction Cuadrilla Photograph: Barton Moss. Christopher Furlong/Getty Cuadrilla Scottish Government, Independent Expert Scientific Panel Report on Unconventional Oil And Gas. 102 pp. ISBN: Supplied by Ineos 2015

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18 Other potential environmental impacts and regulators: Potential Impacts: Other regulators: Flaring Fugitive emissions of gas to air Abandonment of wells Climate Change Seismic Activity (from fracking only) Dept of Energy and Climate Change (DECC) Local Air Quality (local planning), indirectly HSE through borehole construction controls HSE through borehole construction controls Scottish Government, local planning authority and SEPA Under the Climate Change (Scotland) Act 2009 Local planning authority and DECC

19 Local Authority Responsibilities The Management of Extractive Waste (Scotland) Regulations 2010 Planning and Environmental Impact Assessment Local Air Quality Management (LAQM) Include: Nitrogen dioxide, Particulate matter less than 10µm in diameter (PM10), Sulphur dioxide, Lead, Benzene, Carbon monoxide and 1,3 butadiene. Other pollutants such as ozone, poly-aromatic hydrocarbons (PAHs), PM2.5 and various heavy metals are included in a wider air quality strategy.

20 Scottish Planning Policy Applicants should undertake a risk assessment for all proposals for shale gas and coal bed methane extraction. Consult local communities so that it can inform the design of the proposal. Local authority should consider buffer zones informed by the risk assessment Consider most efficient sequence of extraction

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22 Thank you for listening

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