SEPA to seek prosecution over Mossmorran flaring

The Scottish Environmental Protection Agency (SEPA) is seeking a prosecution over unplanned flaring at a Fife chemical plant.

In April last year, the regulator’s pollution hotline received a record 900 public complaints after a flare at Fife Ethylene Plant on the Mossmorran site burned for seven days.

Flames could be seen coming from the flare for miles and residents raised concerns about noise and light pollution, as well as palpable vibrations caused by the incident.

Last night SEPA revealed it intends to submit a final report to the Crown Office and Procurator Fiscal Service for consideration of prosecution.

The latest action follows a Final Warning Letter issued to the plant’s operators ExxonMobil in 2018 after a previous flaring incident at the site in 2017.

In August last year, the operators were forced to apologise to residents when a mechanical failure with two of its three boilers led to further unplanned flaring and a shut down of the plant for several months.

Terry A’Hearn, chief executive of SEPA, has called on ExxonMobil to address the root-causes of “unacceptable flaring” and insisted that compliance with Scotland’s environmental laws was “simply non-negotiable”.

He said: “Over a number of years, communities across Fife have repeatedly endured unplanned flaring.

“Whilst flaring is an important safety mechanism of such facilities, it must become the exception, rather than routine.

“People rightly expect that their lives won’t be impacted by nearby industrial processes and yet again, over an extended period during Easter 2019, communities were impacted by unacceptable and preventable flaring.

“Consequently, following an extensive investigation into the flaring at Mossmorran during April 2019, we intend to shortly submit a report to the Crown Office and Procurator Fiscal Service for consideration of prosecution.

“It’s right that we take enforcement action for the Easter 2019 flaring event. What is just as important is that ExxonMobil Chemical Limited address the root-causes of ‘unacceptable flaring’.

“Today we’ve announced a series of important steps and a pathway to compliance at Mossmorran. We’ve been clear with both operators on what we and the community expect and have outlined the steps they need to take to make this happen.

“Whilst flaring will continue to be required, this must become the exception rather than routine.”

ExxonMobil have been contacted for comment.

The news has been welcomed by local campaigners, the Mossmorran Action Group.

James Glen, chairman, said: "This is extremely welcome news. The flaring during Easter a year ago was absolutely unacceptable and communities who had no choice but to suffer it will be hoping the full force of the law is now brought to bear on ExxonMobil.

“However, it should not have taken SEPA over a year to reach this point.

“In the intervening months Exxon have had to shut down operations for six months because two boilers exploded and communities have been forced to endure two further unacceptable bouts of extreme emergency flaring, which remain under investigation by SEPA.

“Either the Scottish Government needs to change the law, or give SEPA the resources it needs to act more promptly to regulate Exxon and give exposed communities the protection ministers promise them."

Environment spokesperson for the Scottish Greens and Fife MSP, Mark Ruskell, called SEPA’s decision “very welcome”, and said: “I also heard from so many constituents during this time, families who endured six days of hell and more since, so I’m relieved that their voices have been heard and action taken.

“If we are serious about the health and wellbeing of our communities, we need this kind of rigour from our environmental watchdog.”

SEPA also announced an external review by the Irish Environmental Protection Agency of regulation to share best practice and advise on further actions that may be taken to drive compliance, and the regulator said it is actively supporting Fife Council’s review of the Mossmorran and Braefoot Bay Community and Safety Committee, as well as collaborating with the local authority to review monitoring with input from local communities and other public partners as soon as is safely practical to do so.

Neale Hanvey, Kirkcaldy and Cowdenbeath MP, said: “I understand the significant anxiety that has been caused across local communities by the operations at Mossmorran.

“Throughout, it has been my position that the regulators should be allowed the time to conduct their investigation and arrive at a conclusion.

“I hope that this significant development reassures the communities I represent that the regulators have taken the matter seriously and conducted a rigorous investigation.

“Given the nature of the regulator’s referral, it would be inappropriate to comment or speculate at this time on the content of the report and I would urge caution to others who may seek to do so.

“I am also encouraged by the announcement of an external review into the regulations by the Irish Environmental Protection Agency.

“This will help share best practice and advise on further actions that may be taken to drive compliance.

“I hope all these steps and the continued investment by the operators to manage the site effectively and safely will pave the way to rebuild trust with local communities and help secure jobs that are vital to the local economy.”

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