Department of Energy & Climate Change

Department for Business Innovation & Skills

Tacca Mi int MP I essa IVIU HI IVI r

The Rt Hon

Michael Fallen MP Minister of State

House of Commons
M A iA A A A SW1AOAA Department of Energy & Climate Change 3 Whitehall Place, London SW1A2AW

www.qov.uk

Our ref: MC2013/07695/BL Your ref: TM/SM/Thomas/17042013

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2013

Thank you for your letter dated 17 April to Edward Davey, on behalf of your constituent, regarding shale gas exploration and hydraulic fracturing (fracking). I am replying as this matter falls within my portfolio. Your constituent asks nine specific questions and I will deal with each one in turn. 1. With regard to the funding and resource of water and drainage authorities, if water companies were to receive flowback fluids through the sewerage system they would normally put in place a trade effluent consent between the water company and the shale gas operator which would set appropriate conditions for discharging the fluids into the sewer. Through the trade effluent consent the company would then charge the shale gas extractor for conveying and treating the effluent. 2. As far as upgrading roads to respond to additional vehicle movements is concerned, this would be a matter for the planning authority, working in conjunction with the local highways authority. Any application for planning permission for oil and gas exploration, production or development (conventional or unconventional) would need to include details of the anticipated vehicle movements associated with the project. The planning authority and operator should ensure that any increases in vehicle traffic do not have unacceptable adverse impacts on the natural and historic environment or human health. 3. Your constituent raises concerns about potential risks to water supplies and ground water. In England and Wales, regulation and monitoring is carried out by the Environment Agency. The Groundwater Daughter Directive provides the framework for

the control of the release of substances into groundwater. Substances found to be hazardous under the directive must be prevented from entering groundwater whilst substances found to be non-hazardous may be allowed to enter groundwater but they must not cause pollution and must not be released directly into groundwater. The regulator will not authorise the use of hazardous substances for any activity, including hydraulic fracturing operations where they would be likely to enter groundwater. Non-hazardous substances may be used, subject to their appropriate use but the regulator may restrict or prohibit the use of any substances where they would pose an environmental risk. The Environment Agency has considered all of the chemicals proposed by Cuadrilla Resources for use in their operations in Lancashire and determined them to be non-hazardous and safe for use in hydraulic fracturing operations at the sites in question. 4. On public acceptability, through the new Office of Unconventional Gas and Oil, we want to make sure communities are engaged in the process and can benefit from any development of resources in their area. We will be bringing forward proposals for how communities can benefit in the summer. 5. Your constituent also asks how many suitably qualified independent experts there are in the UK. The Health & Safety Executive advise that, from their experience across all offshore and onshore oil and gas operations, there are currently sufficient independent well examiners to review the proposed and actual well operations to confirm they meet the well operators' policies and procedures, comply with relevant regulations and follow good industry practice. No specific information is kept on companies providing or offering such services, but as with other aspects of the regulatory framework applicable to such operations, consideration will be given, as and when the level of activity changes significantly, to potential skill shortages. 6. In relation to liaison with water supply companies regarding the impact of fracking, if and where fracking waste waters are discharged into a watercourse this would be subject to the conditions in a permit from the Environment Agency, which are designed to ensure the appropriate protection of the river. This would also take account of any use downstream. There may well be liaison between the Environment Agency and the water company where an operator makes a proposal to discharge to sewer; there will certainly be liaison where the permit needs to be reviewed because of such a discharge. Water companies would not accept a discharge that could jeopardise their drinking water abstractions or those of any other water company. There is active liaison between the Environment Agency and the water companies in areas where there are shale gas proposals and the Agency is also involved in an UKWIR project that is reviewing risks that shale gas activities may present to water company operations. 7. There is no evidence from US experience, where many thousands of wells have been fracked, of any threat from fracking to residential properties, nor any other reason to think that it might pose any material threat. However, wherever oil and gas drilling or production operations are proposed, the relevant planning authority will among other matters consider the proximity of the proposed site to any residential property, in deciding whether the proposals are acceptable in planning terms. As with all other industrial activities, there are no prescribed distances or separations established for this purpose, and each case will be considered on its particular circumstances.

8. Your constituent also asks about site specific inspections of groundwater. The Environment Agency expects operators to provide a thorough assessment of risks to groundwater or surface water, which specialists at the Agency then examine carefully. Where information provided is not sufficient the operator is requested to provide more. Any permit needed will not be provided unless it is clear that the risks have been identified and can be mitigated. 9. With regard to the Royal Society recommendations, the Environment Agency has undertaken detailed baseline assessments of water quality in aquifers in conjunction with the British Geological Survey and also maintains a comprehensive groundwater monitoring network. As recommended by the Royal Academy of Engineering and the Royal Society, EA are working currently with the BGS to provide further baseline detail on groundwater in areas that may have potential for unconventional gas exploration, with a final report expected in March 2014. I can assure you and your, constituent that the Government^ taking a careful and pragmatic approach to unconventional gas and oil exploration and fracking in the UK and will continue to do so to ensure that the environment will be properly protected.

The Rt Hon Michael Fallen MP