The Environment Agency has launched a new consultation on its approach and the standards it is proposing for the onshore oil and gas sector.
The Agency is seeking comment on the guidance which is aimed at oil and gas companies and their consultants and sets out which environmental permits are needed for onshore oil and gas exploration and extraction operations in England.
A significant proportion of the guidance covers water-related issues, including:
- handling, storage and disposal of produced waters and flowback fluid, water discharge activities and groundwater activities under the Environmental Permitting Regulations (England and Wales) 2010
- notices to construct a boring for the purposes of searching for or extracting minerals, water abstraction licences and flood defence consent under the Water Resources Act 1991.
Depending on the activities proposed, the guidance says the Agency may expect to see some or all of the following in an Environmental Impact Assessment for an onshore oil and gas site:
- a description of the type, quantity and location of potential emissions from the operation, including emissions to surface water and groundwater
- consideration of cumulative, short, medium and long-term effects on water and land, groundwaters and surface waters, both permanent and temporary
- a description of the mitigation measures and of the management of the development to prevent soil and water contamination, such as secondary and tertiary containment measures
- the requirement for water during the operation and the percentage of water that will be re-used or recycled
- an assessment of the risk of flooding from all potential sources
It may also expect to see a hydrogeological risk assessment clearly listing any sources of potential contamination from emissions from the site, identifying potential pathways for the migration of contamination and listing all of the potential groundwater and surface water receptors.
The guidance says this will enable any potential impacts to be identified and appropriate mitigation measures to be proposed. As a minimum, the relevant sensitive groundwater and surface water receptors would include:
- any aquifers (rocks containing groundwater that may be used for water supply)
- abstraction boreholes (public and private)
- surface waters fed by groundwater
- groundwater dependant terrestrial ecosystems (such as a wetland area or sand dunes)
- groundwater bearing strata, at a greater depth than the aquifers
- an indication of any difficulties (technical deficiencies or lack of know how) encountered by the applicant in compiling the required information
The guidance also emphasises that all groundwater, particularly near-surface aquifers that are important for drinking water supply and which sustain rivers, lakes and wetlands, must be protected. Oil and gas operators should take a precautionary approach to protecting groundwater that is intended for human consumption or that supports dependent ecosystems, it says.
Water abstraction to be covered in detail
The guidance also says that operators will need to determine early on in the planning process:
- how much water is needed, especially if large volumes of water are required for hydraulic fracturing
- when water will be needed
- whether the intention is to take water from mains water supplies or abstract it from groundwater or surface water
Abstraction licences will not be needed if the water is supplied through the mains water supply, the Agency says, pointing out that it is the water company’s responsibility to ensure the extra demand for water created by the activities fits within the conditions of their water resource plans and abstraction licences.
The Agency says the consultation is relevant to anyone working on, or who has an interest in the exploration and extraction of onshore oil and gas. This includes operators and other businesses, trade associations, national and local government, non-government organisations, other regulators, academic institutions, individuals and community groups.
Deadline for submission of responses is 16th January 2016. Click here to access the consultation online
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