THE Scottish Environment Protection Agency has warned the operators of the Mossmorran petrochemical complex that neither ExxonMobil Chemical Limited or Shell U.K. Limited are currently using all Best Available Techniques for flaring.

And 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.

In a hard hitting report issued on Friday night, SEPA stated that ExxonMobil Chemical Limited's proposed timescales to increase capacity and accessibility to ground flares were unacceptable.

That 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.

And SEPA confirmed on Thursday that it will fully investigate the current flaring incident at the FEP.

The Scottish Environment Protection Agency announced the outcome of its review into ‘Best Available Techniques’ (BAT) assessments by ExxonMobil Chemical Limited and Shell U.K. Limited.

The statement said: "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 June 13 2018. These assessments were received from both operators on April 30 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 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.”

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.

Jacob McAlister, plant manager at the Fife Ethylene Plant, responded to the SEPA statement: “We are taking the right and responsible action to minimise frequency and public concerns relating to flaring, and the Best Available Techniques Programme provides a clear pathway to achieve this. "We are committed to delivering this extensive, multi-million pound programme. In fact, we have already progressed a number of these commitments.”

Teresa Waddington, Shell Fife FNGL Plant Manager, said: “We have received a letter from SEPA following assessment of our BAT submission in relation to flaring practices at Mossmorran.

"We will continue our dialogue with the regulator to ensure we are operating our plant within the required regulations to supply energy products to Scotland and the UK with minimum impact on the local community.”