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Chief Executive's Report

Introduction

As we move towards summer, its timely to reflect on our delivery achieved in this first quarter of this financial year. Importantly, following the launch of our new three-year Corporate Plan, our 2024/25 Annual Operating Plan following hot on its heels in April. Clarifying our five strategic priorities and key areas of focus has enabled colleagues throughout SEPA to map out how they can effectively contribute to our priorities and ensure delivery in this financial year.

As the weather starts to get warmer our beaches offer opportunities for physical activities and social interaction which can have a great impact on local communities, and health and wellbeing. Our waters are a great asset to Scotland and a vital part of our landscape. June saw the bathing water season begin and we are encouraging everyone to “check the weather, check the water” via SEPA’s bathing waters website before heading to one of the country’s designated bathing waters this summer.

Last year, Scotland commenced the season with the highest number of designated bathing waters. The country starts the 2024 season with the same number again and the best bathing water quality on record. Scotland has 89 designated bathing waters around the country, 98% will meet or exceed the Sufficient classification for 2024, with 84% achieving the higher standards of Excellent or Good. More on this will follow later in my report and further information can also be found on the news page: Check the weather, check the water urges SEPA, with water quality information at your fingertips as Scotland’s bathing waters season begins.

Environmental regulation remains at the forefront of a range of our activities and our people continue to work hard to tackle non-compliance and environmental crime. As highlighted later in this report, we have been using a wide range of disruption activities to take robust action against these operators.

I have previously reported on the launch of the 25th year of the SEPA led VIBES Scottish Environment Business Awards at the Scottish Parliament with the Cabinet Secretary. VIBES Awards honour businesses that demonstrate exceptional vision and leadership in addressing climate change and other pressing environmental issues. The deadline for the 2024 VIBES awards has now closed and I am pleased to update that 110 entries have been received, including 71% of new business applications. The awards ceremony announcing the winners will be held in Glasgow on Tuesday 12 November 2024.

Evidence underpins all our decisions and as such it is vitally important that it is quality assured to the highest standards. I am pleased to announce that June saw the reaccreditation (following the redesign and refit of our laboratory space) of our Aberdeen laboratory by the United Kingdom Accreditation Service (UKAS), the national accreditation body which demonstrates the competence, independence and performance capability of laboratories. It is excellent that the laboratory in Aberdeen is accredited to ISO 17025, and in time for the 2024 bathing water season.

Cyber Security is a matter all of our people take very seriously, and as part of our ongoing focus on the safety and security of SEPA's systems, information and colleagues, a further programme of Cyber Security e-learning is being undertaken across the agency. This new programme is a refresher of previous full e-learning, with some updated information and advice on current trends in the world of Cyber Security.

The Chair and I had a successful and informative meeting on the 13 June with the Cabinet Secretary for Net Zero and Energy providing updates on our delivery in key areas. The following week, I was delighted to deliver the keynote address to the newest cohort of the Common Purpose Nature Recovery Leadership Programme at the Botanic Gardens in Edinburgh on the 20 June.

The Agency is leaning into Public Sector Reform both through our own internal programme of One SEPA Transformation, and within the Environment & Economy Leaders Group. I had the privilege yesterday (24 June) of addressing the Scottish Leaders Forum in Edinburgh on behalf of the Environment cluster, and subsequently taking part in a Q&A with the Permanent Secretary and Director General of Communities.

This report features some highlights as our teams continue to deliver for Scotland. For the future of our environment.

Protect

Sampling and analysis for 2024 bathing season is underway

We have a duty to monitor the status of Scotland’s designated bathing waters during the bathing season and have begun sampling and analysis for the 2024 bathing season, which runs from the 1 June until 15 September. We test over 80 official bathing water sites and any associated waters up to 18 times each throughout the season for bacteria indicative of faecal pollution. We also carry out Microbial Source Tracking analysis. This uses genetic fingerprinting to help identify the sources of any faecal pollution that we find in the bathing waters. We then work with others to ensure appropriate and targeted action is taken to improve the water quality at Scotland’s bathing waters.

The electronic signs that inform the public of the predicted water quality in real time are now up and running at 30 bathing beaches. These predictions, along with up-to-date analytical results, are also available. (A Flucker)

Digital interventions

The Scottish Government have funded SEPA to undertake digital interventions work as an action from the National Litter & Fly Tipping Strategy. This work is designed to detect and disrupt illegal operators advertising their waste collection businesses on social media and it will continue through 2024-2025. Our early pilot work in this area in 2023-2024 revealed approximately 50% of the profiles we viewed were businesses who were found to be operating illegally, in that they did not have a waste carriers licence to authorise their activities.

Our disruption work has included removal of profiles, monetary penalties and enforcement notices served, direct public messaging to raise awareness and ensuring operators obtain the correct licence for their operations. A recent X (formerly known as Twitter) campaign to raise awareness of this work and warn the public about how to avoid falling foul of these operators who may be operating illegally, received high engagement and interaction. There was also positive engagement from MSPs, Councillors and Community Councillors, who were provided with a bespoke link to facilitate their sharing of this information. This issue was recently covered in a press release by North Ayrshire Council who included the experience of a local resident who had been scammed by a company operating illegally which they had found on social media and the company then subsequently dumped the resident’s waste.

The initial posts on 21 March 2024 achieved a total of 94,497 impressions across X (formerly Twitter), Facebook and LinkedIn.

Across the three platforms there were:

• 590 interactions
• 356 link clicks
• 42 comments
• 249 reactions/likes
• 63 shares

(L. Bunten)

The Royal Environmental Health Institute of Scotland pollution control training

SEPA presented to members of the Royal Environmental Health Institute of Scotland at their Pollution Control update course. The presentation focused on enforcement priorities for tackling environmental crime, using interventions to have sustained disruption alongside traditional enforcement tools. We also showcased our recent pilot work supporting the Litter & Fly tipping strategy using Digital Disruptions and working with local authorities to tackle fly tipping cases.

The importance of intelligence in our work, intelligence being the term used for items of information which can help us piece together a picture of environmental crime, was also showcased. This included highlighting the vital partnership with local authorities who are often the eyes on the ground, which helps feed into that intelligence picture. We have already seen several positive requests for further engagement with these partners following the presentation. (L. Bunten)

Controlled burn intervention in collaboration with Scottish Fire and Rescue Service

During several investigations by SEPA in response to unauthorised disposal of waste by burning, those responsible have sought to justify their actions by claiming it was a “controlled burn” and that Scottish Fire and Rescue Service had been informed. We are working with Scottish Fire and Rescue Service to update and amend the advice given to members of the public when they contact them to inform about a “controlled burn”. As part of this joint working, we are seeking to include in the advice notification provided by Scottish Fire and Rescue Service contact centre that the burning of controlled waste is not permitted, would be an offence, and could result in enforcement action by SEPA. (L. Bunten)

Fenix Battery Recycling

Following the significant fire on 8 April 2024 at Fenix Battery Recycling Ltd site in North Ayrshire, SEPA issued two Enforcement Notices on Fenix Battery Recycling Ltd to require compliance with licence conditions which relate to the length of time batteries can be kept on site.  SEPA has also issued a Suspension Notice on the company prohibiting waste management activities on the site until SEPA is satisfied that the conditions specified in the notice have been adhered to.  (L. Bunten)

Roadside Checks - Forth Valley

SEPA officers have been involved in a number of roadside checks as part of planned multi agency days of action. These were carried out at various locations within the Forth Valley area. The other partners included Police Scotland and Driver and Vehicle Standards Agency. Our main interest was assessing whether the requirements to transport waste were being complied with, specifically whether people transporting waste as part of their business were Registered Carriers of Waste and if they had the correct paperwork. The paperwork is commonly referred to as a Waste Transfer Note. SEPA officers spoke to twenty-eight drivers over the four days and is currently considering appropriate enforcement action for two of them. Advice was also provided to several drivers who were stopped regarding the waste regulations. This was also an opportunity to check where waste is being taken to and to ensure it is going to a suitably licensed site. (L. Bunten)

Renewable energy - regulation of Hydrogen production via electrolysis

The Scottish Government published a Hydrogen Action Plan (2022) recognising the potential of Hydrogen in contributing to net zero objectives. There has been a significant amount of funding awarded to Hydrogen development projects to support deployment and which has led directly to a significant increase in proposals of Hydrogen production by electrolysis (known as “green” hydrogen when the electricity provided to the process comes from renewable sources). Hydrogen can be produced by a variety of methods and is a listed chemical production activity in the Pollution Prevention and Control regulations.

All four UK environment regulators (SEPA, the Environment Agency, Natural Resources Wales, Northern Ireland Environment Agency) recognise that Hydrogen production by electrolysis is widely considered to have a relatively low environmental impact in comparison to other methods such as methane reforming. However, with a lack of available data relating to potential impacts to inform permit conditions, we collaborated to produce an evidence review and develop guidance for operators (published March 2024). The guidance covers energy demand and efficiency, water demand, efficiency and evaluation for re-use and the minimisation of emissions to the environment.

SEPA has drafted and consulted on a bespoke Pollution Prevention and Control application form and permit template for Hydrogen production by electrolysis which meet certain low risk criteria. One of the most significant environmental considerations for Hydrogen produced by electrolysis is the large volume of water required. SEPA manages the impact of any abstraction from the water environment through the Controlled Activities (Scotland) Regulations licencing process. Many projects are obtaining water from Scottish Water public supplies which will not be directly controlled by Controlled Activities (Scotland) Regulations. (L. Bunten)

Improve

New SEPA guidance promotes river restoration approach which encourages river to self-heal

Historically, rivers have been managed through an engineering intensive approach and this has led to negative consequences for our environment. To address this, SEPA has created a new guidance document called 'Will the river do the work', which looks at how river restoration can be designed to utilise a river’s natural capacity to restore itself resulting in a broad range of benefits, see the graphic below for a summary.

Our guidance is targeted. Its purpose is to help private and public bodies trying to improve the health of rivers to assess whether the channel has the energy to ‘fix itself’ and decide if they need to install measures to kick-start and encourage natural recovery. As a result, river improvements can be carried out across much larger scales at significantly reduced costs, compared to more traditional, engineered approaches to river restoration. Finding ways to create more resilient and sustainable rivers at the landscape scale is essential for delivering multiple benefits, including increased biodiversity, improved water quality, supressed and less frequent flood peaks, improved drought resistance, greater retention of valuable soils and increased carbon capture.

We maximised the awareness and impact of this guidance with our target audience which is those involved in managing Scotland’s rivers including local authorities, fisheries boards and trusts, and land managers across the UK. To do that SEPA recently delivered a training course to more than 50 attendees. This included an online ‘classroom’ session followed by a field day at the Allan Water to apply the approach.

The field visit was facilitated by the Forth Rivers Trust and the training was attended by partner agencies, rivers trusts and environmental consultancies. This has allowed us to improve practitioners’ knowledge about geomorphology and river processes, whilst engaging with a really passionate group of people, who are actively working to deliver river improvements across Scotland. (A Flucker)

ISO 17025 accreditation re-instated for microbiology in Aberdeen

Following the successful development of the Aberdeen laboratory our spaces have been reconfigured to accommodate analysis relating to our current and emerging evidence needs. SEPA’s laboratories are accredited by UKAS, the National Accreditation Body for the United Kingdom. To ensure the Microbiology laboratory was ready for the recent UKAS assessment we made use of the ‘team science’ approach, where colleagues from across agency helped with the preparation work. This new way of working has been remarkably successful in Aberdeen, with teams working together providing both effective service delivery and people development opportunities.

The UKAS assessment visit was incredibly positive, and SEPA was highly commended for the excellent standard of work and the open spirit of the assessment. Our ISO 17025 accreditation has been re-instated for the Aberdeen Microbiology methods, allowing the laboratory to commence our statutory duty of reporting on water quality at Scotland’s Bathing Waters on schedule.

The second phase of work to re-instate five key Chemistry tests is now underway. UKAS have agreed our validation approach and timescales and will return to assess our progress in November 2024. This should ensure an extension to our schedule of accreditation ahead of sampling for the 2025 National Monitoring Plan. (A Flucker)

Planned activities to reduce flooding and erosion, River Eden, Fife

SEPA attended a meeting with a local MSP and a representative of landowners regarding river works on the River Eden in Fife. The aims of the work are to reduce flooding and erosion, with the work planned for summer 2024 with possible further work in 2025.  SEPA colleagues presented to the attendees the background to the catchment, the change in plan form from 1750’s to present day as a result of human intervention, impact of climate change, fish ecology and a run down on the levels of authorisation required for certain activities. The discussion included the benefits of a catchment management-based approach, and the benefits of riparian planting.  We have also offered to meet with landowners to better understand their concerns on riparian planting.  (L. Bunten)

Adapt

Nith Restoration Project, New Cumnock

In May 2024, groundworks commenced on Phase 4 of the Upper Nith restoration project, a partnership project between SEPA, the Tweed Forum and landowners supported by the Water Environment Fund. Phase 4 will restore a 2-hectare brownfield site, setting back river edge embankments by 80m, lowering ground levels and re-naturalising a farm burn.  This will reconnect the river with its natural floodplain, contribute to the diversity and resilience of habitats, enhance storage of floodwater and allow the regeneration of habitats for native flora and fauna. Since 2019, 3000m of embankment have already been set back, restoring over 6ha of river corridor and floodplain habitats. The project aims for Net Zero delivery through carbon reduction and offsetting by tree planting. (L. Bunten)

Lyne burn restoration project, Fife

The Lyne burn project, funded by SEPA through the Water Environment Fund, has been nominated for an award in the category Public Realm at the Scottish Design Awards. Results will be announced on 27 June.

This location was used recently to showcase how green and blue space can be renewed and revitalised. The showcase featured greenspace in urban housing in the Touch area of Dunfermline, a green and active transport corridor through Woodmill and Rex Parks and the section of recently de-canalised and naturalised burn.

Partnership working between SEPA, Fife Coast and Countryside Trust, Fife Council, Dunfermline Play and Grow (now Touch Community Garden), local businesses, residents, and the consultant team have all contributed to the success of the scheme. (L. Bunten)

Flood Resilience Strategy: Consultation

The Scottish Government has launched its National Flood Resilience Strategy consultation. The final strategy is due for launch towards the end of 2024. We have been engaging with subgroups advising on the strategy development.

The consultation document states that the pace of response needs to increase: 2,000 more properties per year are being exposed to flooding through climate change, compared with protection for approximately 600 properties per year in recent years. It could have significant implications for communities at risk of flooding and for partners like us in terms of our roles and responsibilities. We are engaging with Scottish Government on this issue. (A Flucker)

Avoid

National Planning Framework 4 engagement sessions

We are engaging with Scottish Government on the implementation of National Planning Framework 4, in a series of roundtable sessions with local authority partners. The sessions will help develop a shared understanding of how Policy 22, relating to flood risk, can be implemented in practice.

The planning policy has major implications both for climate adaptation and for economic development in Scotland. The policy is ambitious in delivering climate adaptation to ensure our places are resilient to current and future risk. SEPA is central to these discussions as a statutory consultee in the planning process, providing specialist advice on flood risk. Further sessions with industry representatives are planned soon. (A Flucker)

Warn

Water scarcity

During Spring, we began issuing weekly national water scarcity updates for Scotland. The report at the end of May identifies "Early Warning" for parts of north west Scotland with the rest of the country in normal conditions. At these levels, no specific action is advised beyond routine planning and preparation (e.g. water saving measures). The stages of escalation and associated outline are set out in Scotland's National Water Scarcity Plan. SEPA will continue to monitor the situation and will update the status every week through the summer.

Regulatory preparations are underway within SEPA. We have developed a Water Scarcity automated suite of tools for managing drought incidents. This is now being updated with the latest permitting data and scenario exercises have commenced. The tool also collates data on private water supplies from local councils. As a result, our operational readiness for managing water scarcity incidents has vastly improved. (A Flucker)

Spring flood warnings

After a record level of flood warning activity last winter, Scotland has experienced a wet spring. With climate change being present this is our new normal where Scotland experiences more floods, floods across more of the year and floods of greater severity. Edinburgh received 239% of its average April rainfall, which is its second wettest on record. The last week in May saw flood warning activity in the Edinburgh area, with significant travel disruption on the bypass and an overnight amber escalation in Musselburgh.

As Scotland’s flood forecasting and warning authority, we received compliments from partners for our warning work, which we deliver 24/7 365 days a year. (A Flucker)

Scotland experiences elevated levels of sulphur dioxide following increased volcanic activity in Iceland

The Reykjanes Peninsula in Iceland is undergoing a period of increased volcanic activity, widely covered in the media. SEPA have a role during these events to monitor air quality from a public health perspective given the implications that atmospheric sulphur dioxide concentrations can have to human health. We have remained in contact with the Met Office, Public Health Scotland and the UK Health and Security Agency throughout.

Past eruptions at this system have not notably impacted on Scottish air quality. However, early on 31 May 2024, following an eruption on 29 May 2024, we saw elevated levels of sulphur dioxide in readings from our Volcanic Emissions Network.

With this early alert, we initiated a multi-agency group with Public Health Scotland and the UK Health and Security Agency as well as briefing Scottish Government. Proactive communications, strategies and risk assessments were compiled. This was a significant but short-lived event, and levels were sufficient to cause readings of Very High on the Daily Air Quality Index scale. We are working with partners to prepare and plan for future events and remain in a strong position with the event extolling the benefits of the Volcanic Emissions Network. (A. Flucker)

This report represents a strategic summary of the Agency's delivery activity across the period.

Nicole Paterson.
Chief Executive Officer
15 June 2024.