nspugh
Permission is granted to drill...
...and test the insitu lower limestone and associated strata for the presence of gas at the Llandow Industrial Estate, The Vale Of Glamorgan.
Please scroll down to page 32.
www.valeofglamorgan.gov.uk/Documents/Living/Planning/Comm...
Shale Gas Exploration And Extraction In The Vale Of Glamorgan.
Coastal Oil & Gas's three drilling applications in September? #ValeOfGlamorgan
Applications to test drill for shale gas have been submitted in 3 location across our beautiful countryside www.thevalesaysno.com/wp/
@thevalesaysno Campaigning against gas drilling (fracking) in the beautiful Vale of Glamorgan, South Wales UK www.thevalesaysno.com/wp/our-campaign/
On twitter @llantrithyd www.llantrithyd.com/
A firm called Coastal Oil and Gas Ltd has filed a planning application (2013/00335/FUL) to drill an exploratory borehole 1,000m deep on agricultural land beside the Bonvilston to Llancadle road, between the chapel and Caemaen Farm.
The company has already said that if it finds gas there it is likely to apply to extract it.
Frack Free Wales Wales asks Natural Resources Wales?
Natural Resources Wales officers declared no significant environmental impacts for these sites? Can this still be said after seeing pictures from Balcombe of a similar test drilling site and the heavy lorries/equipment serving it?
Cuadrilla had to get licenses for waste management and radioactive wastes from the Environment Agency in England, because they accepted impacts could be significant; is this different for the test drilling sites in Wales?
Natural Resources Wales have you been asked for a similar decision on the Vale Of Glamorgan drilling applications?
Natural Resources Wales - response.
1/6 Natural Resources Wales is aware of the Unconventional Gas activities in the Vale of Glamorgan
2/6 We are a statutory consultee in the planning process. We provided advice on VoG planning applications
3/6 The Local Planning Authority may impose conditions to meet our advice and concerns
4/6 We are currently looking to change our position from 'enforcement' to 'regulatory' - similar to the Environment Agency
5/6 Permits like mining waste and radioactive substance will apply for all exploratory oil & gas activities
6/6 During permitted operations, if we find that operators are causing damage to the environment then we take enforcement action
Further clarification please...
4/6 Have you informed the VoG that you might change your position to 'regulatory' and its implications?
5/6 will the EA require a groundwater permit on the basis that drilling will involve a “groundwater activity” within the meaning of Schedule 22(3) because there may be indirect input of pollutants to groundwater?
5/6 Is there sufficient information in the Planning applications, which the VoG consulted you on, to determine the required permits?
6/6 In view of the fact that toxic chemicals are used in drilling fluids, your position fails to meet the groundwater Directive's forbidding of activities leading to discharge of listed chemicals. Will you change your policy of enforcement only on seeing damage so that the NRW complies with the Directive?
SW Argus An Environment Agency spokesman refused to admit it watered down the public statements on the dangers of fracking. www.theargus.co.uk/news/10610762.Secret_emails_reveal_the...
The EA spokesman said: “The UK regulatory regime ensures that hazardous substances must not be allowed to enter groundwater" so why not in Wales??
Response - Natural Resources Wales
Dear Mr Pugh
We believe that our existing regulatory tools will help ensure that exploratory unconventional gas activities are managed in a way that protects public health and the environment.
NRW is aware of the Unconventional Gas activities in Vale of Glamorgan. We are a statutory consultee in the planning process and had the opportunity to view the planning application and provide advice on it. The Local Planning Authority may impose conditions to meet our advice and concerns.
During the operations if for some reason NRW find that the operators are causing damage to the environment, then we take enforcement action against them. Permits will apply at this stage.
The NRW position of enforcement only is currently under review. Should NRW adopt a regulatory position the radioactive substances permit will only apply where "well stimulation" that produces oil or gas or produced waters (flow back) takes place - the act of drilling a borehole does not require one. A mining waste permit would be needed.
For the drilling of a borehole we generally would not require a groundwater activity permit to be held. We consider that the use of drilling fluids in most cases will comply with the ‘de minimis’ groundwater activity exclusion under the Environmental Permitting Regulations (England & Wales) (EPR) 2010 (paragraph 3.3(b) of Schedule 22). This is where entry of pollutants is of a quantity and concentration so small as to not pose any present or future danger of deterioration in the quality of the receiving groundwater.
Frack Free Wales's response
NRW your latest response is seemingly bureaucratic side-stepping. What price their 'belief' their procedure protects the environment, when the EA in England concedes it's not! All the NRW can say is 'under review'. Your officer is wrong - the groundwater directive has no "de minimis" exemptions for listed toxic substances. The Llantrithid proposal is much the same as Balcombe, with testing of pumped-back fluid (with stimulation) for gas productivity. So the NRW's different response is indefensible - thus such an obfuscatory reply.
@NatResWales Your officer is wrong, do you have a reply pls?
Response from NRW
Hello Nigel
Thanks for your recent correspondence on Twitter. To give you a more detailled answer to your question (i.e. more than 140 characters) I've passed your enquiry onto our customer contact centre, who will compile a full response for you.
They'll be in touch on this email address next week.
• Further question ask on behalf of Frack Free Wales.
exemption for drilling activities thus:
The regulator may determine that a discharge, or an activity that might lead to a discharge, is not a groundwater activity if the input of the pollutant—
(a) Is the consequence of an accident or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated;
(b) Is or would be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater; or the threshold of quantity and/or concentration that they have applied in each case that they have waived the Groundwater Permit.
Response - Natural Resources Wales
@nspugh Thanks. We’ll consider this in our response to your previous question.
@nspugh Due to complexity of the questions, it's taking slightly longer than we thought. We will aim to answer by middle of next week
@nspugh please send future enquries to our Customer Centre enquiries@naturalresourceswales.gov.uk who will respond within 10 working days
14/Sept/2013 - Response from NRW
In your recent correspondence on Twitter with Natural Resources Wales (NRW) you raise a number of questions:
• what legislative controls are required in relation to the use of drilling fluids in onshore oil and gas exploration;
• the requirements for a groundwater activity permit and the concept of de minimis.
This note sets out our response to these questions.
Discharges to groundwater are regulated through Schedule 22 of the Environmental Permitting (England and Wales) Regulations 2010 (the regulations). These regulations transpose into law the EU’s Groundwater Directive 1980, Water Framework Directive 2000 and Groundwater Daughter Directive 2006. In your correspondence you talk about “toxic chemicals”. However this term is not used or defined in legislation relevant to groundwater activities. Instead relevant legislation refers to hazardous substances and non hazardous pollutants. In general, hazardous substances have to be prevented from entering groundwater. The entry of non hazardous pollutants has to be limited such that they do not cause pollution. Criteria for identifying activities captured by this legislation are detailed in paragraphs 2 and 3 of Schedule 22 of the regulations. Certain activities that can be permitted are specified in paragraph 8.
De minimis is not a phrase that is used in any of the Directives above. It is a latin term that means of no significance or of a minor nature. In legal terms it could be said to be the consequences of an act in violation of a legal requirement that may be considered so small that they don't justify pursuing legal action. It is an informal term that is used across the UK to mean an activity that would now be encompassed within Article 6 paragraph 3 (b) of the 2006 Directive and paragraph 3 (3) (b) of Schedule 22 of the regulations for England and Wales. However, it is a concept that has existed since the Groundwater Directive (1980) was published and can be applied to both hazardous substances and non hazardous pollutants such that a permit for their discharge would not be required.
In general a groundwater permit would not be required for the use of drilling fluids in on shore oil and gas exploration as we are of the view that they would be exempt under paragraph 3 (3) (b) of the regulations (de minimis exclusion). Nevertheless, we would consider the appropriateness of this position for each proposed activity on a case by case basis.
This additional information should clarify the approach of Natural Resources Wales to groundwater protection in relation to onshore oil and gas exploration in Wales.
Secret emails reveal the risk to water in Sussex from fracking was known by officials
www.theargus.co.uk/news/10610762.Secret_emails_reveal_the...
Photograph - by Nigel Pugh.
Lavernock Point Nature Reserve, The Vale Of Glamorgan.
Twitter @nspugh twitter.com/nspugh
Permission is granted to drill...
...and test the insitu lower limestone and associated strata for the presence of gas at the Llandow Industrial Estate, The Vale Of Glamorgan.
Please scroll down to page 32.
www.valeofglamorgan.gov.uk/Documents/Living/Planning/Comm...
Shale Gas Exploration And Extraction In The Vale Of Glamorgan.
Coastal Oil & Gas's three drilling applications in September? #ValeOfGlamorgan
Applications to test drill for shale gas have been submitted in 3 location across our beautiful countryside www.thevalesaysno.com/wp/
@thevalesaysno Campaigning against gas drilling (fracking) in the beautiful Vale of Glamorgan, South Wales UK www.thevalesaysno.com/wp/our-campaign/
On twitter @llantrithyd www.llantrithyd.com/
A firm called Coastal Oil and Gas Ltd has filed a planning application (2013/00335/FUL) to drill an exploratory borehole 1,000m deep on agricultural land beside the Bonvilston to Llancadle road, between the chapel and Caemaen Farm.
The company has already said that if it finds gas there it is likely to apply to extract it.
Frack Free Wales Wales asks Natural Resources Wales?
Natural Resources Wales officers declared no significant environmental impacts for these sites? Can this still be said after seeing pictures from Balcombe of a similar test drilling site and the heavy lorries/equipment serving it?
Cuadrilla had to get licenses for waste management and radioactive wastes from the Environment Agency in England, because they accepted impacts could be significant; is this different for the test drilling sites in Wales?
Natural Resources Wales have you been asked for a similar decision on the Vale Of Glamorgan drilling applications?
Natural Resources Wales - response.
1/6 Natural Resources Wales is aware of the Unconventional Gas activities in the Vale of Glamorgan
2/6 We are a statutory consultee in the planning process. We provided advice on VoG planning applications
3/6 The Local Planning Authority may impose conditions to meet our advice and concerns
4/6 We are currently looking to change our position from 'enforcement' to 'regulatory' - similar to the Environment Agency
5/6 Permits like mining waste and radioactive substance will apply for all exploratory oil & gas activities
6/6 During permitted operations, if we find that operators are causing damage to the environment then we take enforcement action
Further clarification please...
4/6 Have you informed the VoG that you might change your position to 'regulatory' and its implications?
5/6 will the EA require a groundwater permit on the basis that drilling will involve a “groundwater activity” within the meaning of Schedule 22(3) because there may be indirect input of pollutants to groundwater?
5/6 Is there sufficient information in the Planning applications, which the VoG consulted you on, to determine the required permits?
6/6 In view of the fact that toxic chemicals are used in drilling fluids, your position fails to meet the groundwater Directive's forbidding of activities leading to discharge of listed chemicals. Will you change your policy of enforcement only on seeing damage so that the NRW complies with the Directive?
SW Argus An Environment Agency spokesman refused to admit it watered down the public statements on the dangers of fracking. www.theargus.co.uk/news/10610762.Secret_emails_reveal_the...
The EA spokesman said: “The UK regulatory regime ensures that hazardous substances must not be allowed to enter groundwater" so why not in Wales??
Response - Natural Resources Wales
Dear Mr Pugh
We believe that our existing regulatory tools will help ensure that exploratory unconventional gas activities are managed in a way that protects public health and the environment.
NRW is aware of the Unconventional Gas activities in Vale of Glamorgan. We are a statutory consultee in the planning process and had the opportunity to view the planning application and provide advice on it. The Local Planning Authority may impose conditions to meet our advice and concerns.
During the operations if for some reason NRW find that the operators are causing damage to the environment, then we take enforcement action against them. Permits will apply at this stage.
The NRW position of enforcement only is currently under review. Should NRW adopt a regulatory position the radioactive substances permit will only apply where "well stimulation" that produces oil or gas or produced waters (flow back) takes place - the act of drilling a borehole does not require one. A mining waste permit would be needed.
For the drilling of a borehole we generally would not require a groundwater activity permit to be held. We consider that the use of drilling fluids in most cases will comply with the ‘de minimis’ groundwater activity exclusion under the Environmental Permitting Regulations (England & Wales) (EPR) 2010 (paragraph 3.3(b) of Schedule 22). This is where entry of pollutants is of a quantity and concentration so small as to not pose any present or future danger of deterioration in the quality of the receiving groundwater.
Frack Free Wales's response
NRW your latest response is seemingly bureaucratic side-stepping. What price their 'belief' their procedure protects the environment, when the EA in England concedes it's not! All the NRW can say is 'under review'. Your officer is wrong - the groundwater directive has no "de minimis" exemptions for listed toxic substances. The Llantrithid proposal is much the same as Balcombe, with testing of pumped-back fluid (with stimulation) for gas productivity. So the NRW's different response is indefensible - thus such an obfuscatory reply.
@NatResWales Your officer is wrong, do you have a reply pls?
Response from NRW
Hello Nigel
Thanks for your recent correspondence on Twitter. To give you a more detailled answer to your question (i.e. more than 140 characters) I've passed your enquiry onto our customer contact centre, who will compile a full response for you.
They'll be in touch on this email address next week.
• Further question ask on behalf of Frack Free Wales.
exemption for drilling activities thus:
The regulator may determine that a discharge, or an activity that might lead to a discharge, is not a groundwater activity if the input of the pollutant—
(a) Is the consequence of an accident or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated;
(b) Is or would be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater; or the threshold of quantity and/or concentration that they have applied in each case that they have waived the Groundwater Permit.
Response - Natural Resources Wales
@nspugh Thanks. We’ll consider this in our response to your previous question.
@nspugh Due to complexity of the questions, it's taking slightly longer than we thought. We will aim to answer by middle of next week
@nspugh please send future enquries to our Customer Centre enquiries@naturalresourceswales.gov.uk who will respond within 10 working days
14/Sept/2013 - Response from NRW
In your recent correspondence on Twitter with Natural Resources Wales (NRW) you raise a number of questions:
• what legislative controls are required in relation to the use of drilling fluids in onshore oil and gas exploration;
• the requirements for a groundwater activity permit and the concept of de minimis.
This note sets out our response to these questions.
Discharges to groundwater are regulated through Schedule 22 of the Environmental Permitting (England and Wales) Regulations 2010 (the regulations). These regulations transpose into law the EU’s Groundwater Directive 1980, Water Framework Directive 2000 and Groundwater Daughter Directive 2006. In your correspondence you talk about “toxic chemicals”. However this term is not used or defined in legislation relevant to groundwater activities. Instead relevant legislation refers to hazardous substances and non hazardous pollutants. In general, hazardous substances have to be prevented from entering groundwater. The entry of non hazardous pollutants has to be limited such that they do not cause pollution. Criteria for identifying activities captured by this legislation are detailed in paragraphs 2 and 3 of Schedule 22 of the regulations. Certain activities that can be permitted are specified in paragraph 8.
De minimis is not a phrase that is used in any of the Directives above. It is a latin term that means of no significance or of a minor nature. In legal terms it could be said to be the consequences of an act in violation of a legal requirement that may be considered so small that they don't justify pursuing legal action. It is an informal term that is used across the UK to mean an activity that would now be encompassed within Article 6 paragraph 3 (b) of the 2006 Directive and paragraph 3 (3) (b) of Schedule 22 of the regulations for England and Wales. However, it is a concept that has existed since the Groundwater Directive (1980) was published and can be applied to both hazardous substances and non hazardous pollutants such that a permit for their discharge would not be required.
In general a groundwater permit would not be required for the use of drilling fluids in on shore oil and gas exploration as we are of the view that they would be exempt under paragraph 3 (3) (b) of the regulations (de minimis exclusion). Nevertheless, we would consider the appropriateness of this position for each proposed activity on a case by case basis.
This additional information should clarify the approach of Natural Resources Wales to groundwater protection in relation to onshore oil and gas exploration in Wales.
Secret emails reveal the risk to water in Sussex from fracking was known by officials
www.theargus.co.uk/news/10610762.Secret_emails_reveal_the...
Photograph - by Nigel Pugh.
Lavernock Point Nature Reserve, The Vale Of Glamorgan.
Twitter @nspugh twitter.com/nspugh