- ExxonMobil Chemical Limited and Shell U.K. Limited are not currently using all Best Available Techniques for flaring.
- ExxonMobil Chemical Limited proposed timescales to increase capacity and accessibility to ground flares unacceptable.
- Shell U.K. Limited has not sufficiently demonstrated that proposed principles, approach and level of upgrade to the plant would achieve BAT and are therefore unacceptable.
- SEPA will move within seven days to vary operating permits to include required timescales for the implementation of BAT, and the provision of further detail required.
- SEPA’s complex regulatory investigation to an evidential standard involving specialist technical, regulatory and enforcement officers will conclude by end November 2019, subject to no new lines of enquiry being uncovered during this phase.
- SEPA confirmed on Thursday that it will fully investigate the current incident.
The Scottish Environment Protection Agency (SEPA) last night announced the outcome of its review into ‘Best Available Techniques’ (BAT) assessments by ExxonMobil Chemical Limited and Shell U.K. Limited.
In April 2018, SEPA served ExxonMobil Chemical Limited and Shell U.K Limited with Final Warning Letters regarding flaring which was found to be “preventable and unacceptable”.
Following SEPA and Health and Safety investigations in 2018/19 and a tightening of permit conditions, SEPA instructed ExxonMobil Chemical Limited and Shell U.K Limited to conduct Best Available Techniques assessments on 13 June 2018. These assessments were received from both operators on 30 April 2019 and have been subject to a rigorous review by technical specialists.
SEPA’s review of the assessments has found that ExxonMobil Chemical Limited and Shell U.K. Limited are not currently using all Best Available Techniques for flaring.
The agency acknowledged ExxonMobil’s recognition of the requirement to upgrade their plant but found that their proposed timescales to increase capacity and accessibility to ground flares were unacceptable. SEPA found that Shell U.K. Limited had not sufficiently demonstrated that the proposed principles, approach and level of upgrade to the plant would achieve Best Available Techniques and were also unacceptable.
SEPA will now move within seven days to vary operating permits to include required timescales for the implementation of Best Available Techniques, and timescales for the provision of further details required.
The moves follow the latest incident of unplanned flaring at the Mossmorran site which SEPA confirmed on Thursday that it will fully investigate. A first priority is the ongoing investigation into the unplanned flaring that took place in April 2019. The latter is a complex regulatory investigation to an evidential standard involving specialist technical, regulatory and enforcement officers and will conclude by end November 2019, subject to no new lines of enquiry being uncovered during this phase.
SEPA’s response documents, the proposals from ExxonMobil Chemical Limited and Shell U.K. Limited and SEPA’s latest air quality monitoring summary report from the latest incident have been published at www.sepa.org.uk/mossmorran
Chris Dailly, Head of Environmental Performance at SEPA said: “SEPA has repeatedly said that compliance with Scotland’s environmental rules is simply non-negotiable. Communities across Fife have had to endure repeated “preventable and unacceptable” flaring.
“We’ve heard clearly the frustration of local people and are today reaching another key milestone in our regulatory response which will drive necessary action to upgrade the site and limit its impact on local communities.
“We’ve published in full the proposals from both companies, our responses and our latest air quality monitoring summary report. We’ll publish more information next week and are committed to keeping people informed.”
Earlier this week Mossmorran Action Group appealed for justice following Monday’s latest episode. The group’s chairman James Glen said: ““Once again the night sky in Central Fife has been lit up with apocalyptic flaring as ExxonMobil experiences yet another unplanned emergency. A massive plume of black smoke testified to the release of a large quantity of unburned hydrocarbons and other toxic pollutants.
“Families in neighbouring communities were again forced to suffer extensive noise intrusion, light pollution that turned night into day and consequent sleeplessness and anxiety.
“Residents were left frustrated when they couldn’t report as the unplanned emergency to SEPA as their pollution helpline proved unable to cope with the volume of calls.
“Individuals have submitted reports to our group of disturbed sleep, nausea, stress, anxiety, headaches, sore throats and burning eyes during this extreme flaring event (https://mossmorran.org.uk/social-impacts/). Unfortunately NHS Fife isn’t equipped to capture this data and the symptoms felt by residents will be arrogantly dismissed by ExxonMobil and some politicians.
“In 2001 the then Shadow Health Minister, Nicola Sturgeon promised residents a public probe into Mossmorran, 18 years later residents are still waiting. Public calls for an independent social impact study has fallen on deaf ears, as the First Minister, and health minister Roseanna Cunningham ignore the plight of residents.
“What will it take for residents to get justice? Another Buncefield disaster? Haven’t the authorities learned any lessons from Grenfell?”
SEPA will continue to provide regular updates across its Mossmorran hub. Reports of pollution can be made via SEPA’s online reporting tool, available 24/7.
SEPA response letters
- BAT Assessment response letter – ExxonMobil Chemical Limited
- BAT Assessment response letter – Shell U.K. Limited
BAT Assessments
SEPA monitoring report
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