Opening Statement

Prepared for

JOINT OIREACHTAS COMMITTEE on Communications, climate action and environment

Tuesday 31st January 2017

PRINTED COPIES AVAILABLE

Delegation

Dr. Matt Crowe, Director, EPA Office of Evidence and Assessment

Dr. Alice Wemaere, Research Manager, EPA

First of all, I would like to thank you Madam Chairwoman for inviting the Environmental Protection Agency (EPA) to discuss the Unconventional Gas Exploration and Extraction (UGEE) Joint Research Programme and to assist you with your deliberations in relation to the Prohibition of the Exploration and Extraction of Onshore Petroleum Bill 2016. I am joined here today by Dr Alice Wemaere, EPA Research Manager. At the end of this opening statement, we would be happy to answer any questions that you might have in relation to the Joint Research Programme and any related matters, and if we are unable to provide answers today, I will arrange for the relevant information to be forwarded to the Committee. We are also joined today by the Principal Investigator for the Joint Research Programme, Mr. Alan Hooper of CDM Smith Ireland Ltd, who will answer any questions that you might have in relation to the research, the work conducted, the main findings and recommendations.

As you are aware, the EPA is an independent statutory body, established in 1993 with a wide range of responsibilities including regulation of large scale industrial and waste facilities, monitoring and reporting on the state of the environment, overseeing local authorities’ environmental responsibilities, coordinating environmental research in Ireland and radiological protection.

The main statutory role that the EPA could potentially have with regard to UGEE projects, would be its regulatory role through the Integrated Pollution Control (IPC) licensing process, provided by law by the Environmental Protection Agency Acts (1992-2013), where an Integrated Pollution Control licence is required for the extraction, other than offshore extraction, of petroleum, natural gas, coal or bituminous shale. The EPA does not have a regulatory role at the exploration stage of these projects, but is a statutory consultee with respect to any Environmental Impact Assessment conducted by the Department of Communications, Climate Action and the Environment (DCCAE) in assessing any applications received for exploration licences.

The EPA is also responsible by law for the promotion, co-ordination and management of environmental research in Ireland, which is why the EPA was asked to commission and coordinate this research programme on behalf of the State. I have provided some additional details about our research programme as an appendix to this statement.

At the time that our most recent research strategy was developed, for the period 2014-2020, and based on the level of public discourse and debate taking place at that time and the absence of in-depth knowledge about the area, developing a better understanding of the environmental impacts of UGEE was identified as a priority area for research during the strategy period.

Establishing the UGEE Joint Research Programme – Some Context

I want to provide the Committee with some context in relation to the establishment of the Joint Research Programme. In 2011, in the Republic of Ireland, Onshore Petroleum Licensing Options were awarded by the Department of Communications, Energy & Natural Resources (DECNR), as preliminary authorisations, to three exploration companies seeking to assess the unconventional gas potential within the Northwest Carboniferous Basin (NCB) and the Clare Basin (CB). In Northern Ireland, one exploration company secured a Petroleum Licence from the Department of Enterprise, Trade and Investment (DETI) to explore the potential for unconventional gas reserves in Co. Fermanagh, also within the Northwest Carboniferous Basin.

Also in 2011, in response to the growing level of interest in the topic and the absence of any specific information, knowledge or policy direction about the subject in an Irish context, the EPA commissioned a research desk study into hydraulic fracturing by the University of Aberdeen and published the report “Hydraulic Fracturing or ‘Fracking’: A Short Summary of Current Knowledge and Potential Environmental Impacts” in May 2012. This short desk study provided an introduction to the environmental aspects of UGEE projects and operations including a review of regulatory approaches used in other countries and areas for further investigation and research. It also recommended that further research was required to fully understand the potential impacts on the environment and human health from UGEE projects and operations. The key findings are attached in the appendix to this statement.

In late 2011, the EPA was requested by Mr. Pat Rabbitte, former Minister for Communication, Energy and Natural Resources, to commission and coordinate the management of research in relation to the environmental impacts of UGEE. This led to the creation of the Joint Research Programme. The EPA was happy to facilitate this request at the time as it has the administrative systems in place and necessary expertise and experience to manage research projects at a variety of scales and was in a position to provide the necessary structures to both commission and coordinate this independent research on behalf of the State.

Following this request and the publication of the desk study report, the EPA established a Steering Committee of relevant stakeholders to assist with the scoping out of the Programme including representatives from:

·  Department of Communications, Energy & Natural Resources;

·  Department of the Environment Community and Local Government;

·  Northern Ireland Environment Agency;

·  Environmental Protection Agency;

·  An Bord Pleanála;

·  Commission for Energy Regulation;

·  Geological Survey of Ireland;

·  Geological Survey of Northern Ireland.

The information provided by the aforementioned desk study was used along with other sources, such as European Commission reports, to develop the Terms of Reference for a more comprehensive Research Programme. Between the 11th January and 8th March 2013, the EPA also ran and administered a Public Consultation in relation to the draft Terms of Reference for this Research Programme. Over 1,300 submissions were received, assessed and taken into account when finalising the Terms of Reference. On foot of the public consultation, the Health Service Executive was also invited to join the Steering Committee to further strengthen consideration of public health protection issues.

Following a Tender Competition in late 2013, six tenders were received by the EPA. The contract award procedure chosen for this competition was by open procedure. The constitution of the evaluation panel was approved by the project Steering Committee and included personnel with the capacity to make informed decisions on the tenders received. In August 2014, the contract was awarded to the consortium led by CDM Smith Ireland Ltd following a robust evaluation process in full compliance with procurement guidelines. The contract was designed to be conducted in two overlapping phases, with all field investigations to be conducted as part of Phase 2. I have included further information about the award of the contract, the consortium and project governance as an appendix to this statement.

Purpose and Content of the UGEE Joint Research Programme

The UGEE Joint Research Programme, which commenced in August 2014, was composed of five interlinked projects (see Appendix for details) designed to produce the scientific basis of the programme that would assist regulators – in both the Republic of Ireland and Northern Ireland – in making informed decisions about whether or not it is environmentally safe to allow fracking. The projects covered a range of topics including background monitoring of groundwater, surface water and associated ecosystems, seismicity and air quality; UGEE projects/operations: impacts & mitigation measures; and the regulatory framework for environmental protection. As well as conducting research in the island of Ireland, the Joint Research Programme looked at and collated evidence from other countries.

The overall aim of the programme was to further our understanding of the potential impacts on the environment and human health from UGEE projects and operations. The research was designed to produce outputs that would assist regulators – both North and South - in fulfilling their statutory roles regarding impact assessment and regulation of any potential UGEE operations in Ireland.

The two key questions addressed by the UGEE Joint Research Programme were:

·  Can UGEE projects/operations be carried out in the island of Ireland whilst also protecting the environment and human health?

·  What is ‘best environmental practice’ in relation to UGEE projects/operations?

The research, originally intended to be completed in two overlapping phases, was to involve extensive desk-based work (literature review and assessment) by technical experts (Phase 1), as well as baseline-monitoring of seismicity and water resources (Phase 2).

The work associated with Phase 1 has now concluded and the reports and associated data, information and assessments provide a technical and evidence-based framework in which to consider the potential impacts on the environment and human health from UGEE projects and operations, including construction, operation and aftercare. The work will also, as stated in the Government’s White Paper on Energy (Ireland’s Transition to a Low Carbon Energy Future), help inform policy decisions in this area but ‘in the context of the objective of achieving a low carbon energy system in which the use of oil and gas is gradually curtailed and, in the longer term, is eliminated from our energy mix’.

In total, 11 reports were published, consisting of just over 2,000 pages: an integrated synthesis report which contains a summary of the work and recommendations and a final (detailed) and summary report for each of the five projects. All of these reports are publically available on the EPA website as is general information about the programme. At this point in time, the EPA has no plans to commission further research in this area and considers, in light of the decision of the Oireachtas in October 2016, that the work has now concluded.

Closing Remarks

As referenced above, the Joint Research Programme was designed to produce outputs that would assist regulators – both North and South - in fulfilling their statutory roles regarding impact assessment and regulation of any potential UGEE operations in Ireland. Two key questions were also to be addressed by the work. Overall, the research has gone a long way towards providing answers to these two questions although it is clear from the report’s conclusions that a number of outstanding issues remain. In particular, the conclusions point to three main impacts where the data and/or experience do not permit a reliable assessment of their consequences and that these would require clarification before environmental protection and human health can be ensured. The report makes it clear that these issues should be resolved prior to any authorisation for hydraulic fracturing. It is also important to note that the baseline monitoring originally envisaged for phase 2 of the programme has not been carried out and that any future consideration of UGEE operations on the island of Ireland should be contingent on completion of this baseline monitoring.

The research programme has also, through its many outputs and reports, added significantly to the national and international body of data, evidence and knowledge about a wide range of technical, scientific and regulatory issues considered during the course of the work. As with all research, this data, evidence and knowledge will find wider use and application beyond satisfying the original purpose for the work. For example, the approach taken to assessing the entire life cycle of UGEE projects and operations will be of value in conducting similar life cycle analysis for the various energy options that need to be considered in implementing the Energy White Paper. Also, the research has added significantly to the knowledge base on how best to integrate health impact assessment into the assessment of other complex projects and operations.

Overall, I am satisfied that the EPA and its JRP partners have provided very good value for money to the State. Ireland is somewhat unique in having taken such a precautionary approach to the issue of UGEE and this work may in time be seen as a case study of the precautionary principle in practice and evidence-based policy making supported by independent research. The work was also highly controversial and generated a lot of public interest and engagement particularly in the two study areas and we all in the public sector must continue to learn about how best to involve and engage local communities about decisions that can have a very direct impact on their lives and quality of life. This will be of great importance in working out how we deal with the very significant challenges presented to us by climate change.

This work also involved the participation and engagement of many public servants through the Steering Committee, the Evaluation Committee and the management of the project. I would like to take the opportunity on behalf of the EPA to publicly acknowledge their contribution to this work. I would also like to thank the many members of the public that participated in the public consultation process on the Terms of Reference for the work as this helped to strengthen the Terms of Reference and also led to the addition of the Health Service Executive to the Steering Committee. Finally, I would also like to thank all of the members of the consortium for their contributions to the research.

In closing, I would like to assure the Committee that the EPA will continue to provide the necessary scientific and technical support through its research, monitoring, assessment and reporting activities to facilitate the policy discussions and decisions about this and the wider issues around the transition to a low carbon economy and society, identified by the EPA in its recent State of the Environment Report as the over-arching challenge facing Ireland at this time.

Appendix

EPA Research Programme

The overall aims of the EPA Research Programme are to:

·  Identify pressures by providing assessments of current environmental status and future trends to identify pressures on our environment;

·  Inform policy by generating evidence, reviewing practices and building models to inform policy development and implementation; and

·  Develop solutions by using novel technologies and methods that address environmental challenges and provide green economic opportunities.

The EPA Research Programme is organised around three pillars: climate, water and environmental sustainability. The EPA Research Strategy 2014-2020 identified a number of priority areas requiring national concerted actions that are of relevance to the wider climate change issues under consideration by this Committee, including: