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Hydraulic Fracturing

Dáil Éireann Debate, Wednesday - 6 June 2012

Wednesday, 6 June 2012

Ceisteanna (584, 585, 586, 587, 588, 589, 590, 591)

Finian McGrath

Ceist:

585 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if legislation includes the requirement for identification of safe guard zones for the protection of drinking water supplied in accordance with Article 7(3) Directive 2000/60/EC especially when these are established local rural water schemes in the west Cavan/north Leitrim areas; if there is a licence to conduct hydraulic fracking in these same areas in view of the fact that the detailed hydro geologic characteristics are not available and regular water monitoring sites are non-existent in these areas, especially as the source of the Shannon comes from Fermanagh into Cavan via the Shannon pot and the area has an extensive unexplored cave system. [26730/12]

Amharc ar fhreagra

Finian McGrath

Ceist:

586 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government in accordance with directive 2000/60/EC, if he will undertake groundwater monitoring programme for the purpose of establishing threshold values in this area for a monitoring period as recommended by the directive for six years prior to the consideration of any work that may impact the risk of ground water contamination in the west Cavan/north Leitrim areas (details supplied) [26731/12]

Amharc ar fhreagra

Finian McGrath

Ceist:

587 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government in relation to the proposed process of hydraulic fracking exploration under the directive 2000/60/EC, if he will make it mandatory for exploration companies to publicly disclose the chemicals used in advance of any approval of exploration activities being done; if he will extend the minimum number of pollutants, in accordance with directive 2000/60/EC, and reduce their associated threshold values for material used in hydraulic fracking that are known to have a detrimental effect on environment and human health; and if he will make a statement on the matter. [26732/12]

Amharc ar fhreagra

Finian McGrath

Ceist:

588 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will introduce regulation on the construction and use of pit storage site for prevention of ground-water containment from hydraulic fracking, especially from flow back fluids. [26733/12]

Amharc ar fhreagra

Finian McGrath

Ceist:

589 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government in accordance with directive 2000/60/EC, if he will introduce regulation and standards for the prevention of improperly plugged well heads that result in leaking into ground water system, especially with capping existing and future well heads (details supplied) in place so that the risk to ground water contamination will be prevented. [26734/12]

Amharc ar fhreagra

Finian McGrath

Ceist:

592 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on the drafting of the new water framework directive compliant regulations to include a modernised system of registration and prior authorisation will commence later. [26741/12]

Amharc ar fhreagra

Finian McGrath

Ceist:

625 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding the drafting of a new Water Framework Directive compliant regulations to include a modernised system of registration and prior authorisation will commence later; if these regulations will be in place at the latest by end of 2012 as outlined in the Shannon River basin amendment report, appendix 1; if the same legislation will include the requirement for identification of safe guard zones for the protection of drinking water supplies in accordance with Article 7(3) Directive 2000/60/EC; in accordance with the same directive 2000/60/EC if he will undertake a detailed groundwater monitoring programme for the purpose of establishing threshold values in this area for a monitoring period as recommended by the directive for six years prior to the consideration of any work that may impact the risk of ground water contamination in the west Cavan/north Leitrim areas; in relation to the proposed process of hydraulic fracking exploration under the same directive 2000/60/EC if he will make it mandatory for exploration companies to publicly disclose the chemicals used in advance of any approval of exploration activities being done, extend the minimum number of pollutants, in accordance with Directive 2000/60/EC, and reduce their associated threshold values for material used in hydraulic fracking that are known to have a detrimental effect on environment and human health; if he will introduce regulation on the construction and use of pit storage sites for prevention of groundwater containment from hydraulic fracking especially from flow back fluids; if he will introduce regulation and standards for the prevention of improperly plugged well heads that result in leaking into groundwater system, with correct regulation for capping existing, Glangevlin and Kiltyclougher, Lough Macnean areas that may have a problem, and future well heads in place the risk to ground water contamination would be prevented; and if he will introduce legislation for the regulation of hydraulic fracking wastes to prevent any ground water contamination under Directive 2000/60/EC. [27191/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 585 to 589, inclusive, 592 and 625 together.

Article 11 of the Water Framework Directive requires Member States to implement controls over the abstraction of fresh surface water and groundwater and over the impoundment of surface waters, including a register of abstractions and a system of prior authorisation for abstraction and impoundment. Proposals for legislation to implement these requirements will be developed later this year on completion of a comprehensive consultation process that will commence in the coming months. Ireland, generally, has abundant natural water resources and the Directive includes provision for Member States to exempt from control, abstractions or impoundments which have no significant impact on water status.

The European Communities (Drinking Water) (No. 2) Regulations 2007 are the main statutory instrument for the protection of drinking water. These Regulations,inter alia:

set out a range of chemical, microbiological and indicator parameters which must be complied with by drinking water suppliers;

provide that suppliers of drinking water ensure that the water supplied is wholesome and clean; and

provide for direct intervention by supervisory authorities, if necessary, to ensure compliance with their directions.

The proposed legislation referred to above will also introduce additional protections for drinking water sources.

The Environmental Protection Agency (EPA) published an advice note on Source Protection and Catchment Management to protect Groundwater Supplies in August 2011. This note provides an outline of the key groundwater protection policies, guidance and related legislation that water services authorities should have regard to when developing measures to protect groundwater used for drinking water. Groundwater Protection Plans have been prepared on a county by county basis by the Geological Survey of Ireland for most local authorities; there are four Groundwater Protection Plans outstanding but these will be completed by the end of this year. These plans are incorporated by local authorities into County Development Plans and are used to assist in the assessment of the potential impact of development on groundwater.

The EPA is responsible for carrying out Ireland's national groundwater monitoring programme. The programme consists of a network of some 350 monitoring points. The network has been designed to be representative of the variations in hydrogeology and anthropogenic pressures across a groundwater body and is subject to ongoing review as circumstances change. Threshold values for mandatory substances under the Priority and Dangerous Substances Directives have been established in the European Communities Environmental Objectives (Groundwater) Regulations 2010 and they apply to all groundwater bodies nationally. In relation to the specific areas mentioned in the question, I understand the EPA will be involved in commissioning a scientific study into hydraulic fracturing which will include baseline monitoring of groundwater in relevant areas. The Department of Communications, Energy and Natural Resources and the EPA are developing the scope for this study. The European Communities Environmental Objectives (Groundwater) Regulations 2010 transpose key elements of the Water Framework Directive and the Groundwater Directive and establish clear environmental objectives to be achieved in groundwater bodies.

In accordance with the Groundwater Regulations, public authorities including the Minister for Communications, Energy and Natural Resources, insofar as their functions allow, must, inter alia, take all reasonable steps to prevent or limit the input of pollutants into groundwater and prevent the deterioration of the status of all groundwater bodies. The Regulations prohibit the direct discharge of any pollutants into groundwater. Certain categories of discharges may be permitted subject to a requirement for prior authorisation provided such discharges, and the conditions imposed, do not compromise the achievement of the environmental objectives established for the body of groundwater into which the discharge is made.

Discharge authorisations are required by the Regulations to prohibit the input of hazardous substances and limit the input of non-hazardous substances into groundwater. The EPA is responsible for identifying and publishing a list of pollutants which it considers to be hazardous or non-hazardous based on technical criteria. This list was first published in December 2010 as part of the report Classification of Hazardous and non-Hazardous Substances in Groundwater and is available to download from the EPA website. The list is periodically reviewed by the EPA where it considers this to be necessary for the purpose of protecting groundwater.

As regards the construction and use of pit storage sites and the regulation of and standards for the operation of well-heads, overall responsibility for policy and regulation of hydraulic fracturing is a matter for the Minister for Communications, Energy and Natural Resources. The Minister is committed to obtaining further and more detailed scientific advice on hydraulic fracturing. I understand that until the results of the study to be commissioned by the EPA are available and have been considered, he will not make any decision on any application proposing the use of hydraulic fracturing.

Finian McGrath

Ceist:

590 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will introduce legislation for the regulation of hydraulic fracking waste to prevent any ground water contamination under directive 2000/60/EC. [26735/12]

Amharc ar fhreagra

Overall responsibility for policy in respect of exploration licences for hydraulic fracturing is a matter for my colleague, the Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte. Any proposed facilities that are granted exploration licences for hydraulic fracturing would be subject to the appropriate licensing and other legislative requirements. These would include, inter alia, the provisions of the Planning Acts, provisions of the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009, which transposed Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, the provisions of the Environmental Protection Agency Act 1992 in respect of Integrated Pollution Prevention and Control and the provisions of the European Communities Environmental Objectives (Groundwater) Regulations 2010 which, inter alia, transposed the relevant provisions of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy. The broad objective of this corpus of legislation is to prevent or reduce as far as possible any adverse effects on the environment, including groundwater, and any resultant effects to human health.

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