Oil Pollution Emergency Planning and Reporting

• International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC Convention)
• Merchant Shipping Act 1995

The Merchant Shipping Act 1995 implements in the UK the OPRC Convention. The aim of the OPRC Convention is to increase the level of effective response to oil pollution incidents and to promote international co-operation to this end. The Convention applies to ships and offshore installations and requires operators to have in place Oil Pollution Emergency Plans (OPEP), which are approved by the body that is the National Competent Authority for the Convention. 

The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 introduce into UK law the oil spill planning requirements and legal oil spill reporting requirements of the OPRC Convention. 

• Merchant Shipping (Oil Pollution Preparedness, Response & Co-operation Convention) Regulations 1998
• Offshore Installations (Emergency Pollution Control) Regulations 2002

These Regulations give the Government power to intervene in the event of an incident involving an offshore installation where there is or there may be a risk of significant pollution, or where an operator has failed to implement proper control and preventative measures. These Regulations apply to chemical and oil spills.

• Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

Under these Regulations, it is an offence to make an unlawful discharge of oil, i.e. a discharge of oil other than in accordance with the permit granted under these Regulations for oily discharges (e.g. produced water etc.). However, it will be a defence to prove that the contravention arose because of something that could not have been reasonably prevented, or that it was due to something done as a matter of urgency for the purposes of securing the safety of any person.

Proposed revision to the OPPC Regulations 2005 are currently out to consultation (see Pending Legislation).

• OSPAR Recommendation 2010/18 on the prevention of significant acute oil pollution from offshore drilling activities

This recommendation came into force in September 2010 and establishes a process for assessing the relevance of the results of the US and EC reviews of the Macondo well incident with a view to taking additional action by the OSPAR Commission if needed and within the scope of the Convention.

Under the recommendation, contracting parties are required to:

• As a precaution continue or, as a matter of urgency, start reviewing existing frameworks, including the permitting of drilling activities in extreme conditions; and continue to evaluate this on a case by case basis and prior to permitting;
• Take extra care to apply all relevant learning from the Deepwater Horizon accident;
• Report on this ongoing activity to OSPAR; and
• Based on the reviews undertaken, contracting parties should individually and jointly, if needed, take further action within the scope of the OSPAR Convention.
• Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 (POOP Regulations)
• The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009

These Regulations implement EU Directive 2005/35/EEC in ship-source pollution and on the introduction of penalties for infringement, through amendment of the 1996 POOP Regulations and the Merchant Shipping Act 1995. The Regulations limit the defences available to the master or owner of a ship involved in an oil spill or chemical spill and extend liability for the discharge to others such as charterers and classification societies. This closed a loop hole in the existing legislation where some large spills were not open to prosecution under MARPOL. An EU amendment Directive has been published (see Pending Legislation), which introduce criminal offences.

• Bonn Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, 1983

Within the Bonn Agreement area there are two further interstate agreements which set out provision for a joint response by the Contracting States and also how the use of state intervention may be utilised when one or other’s interests are threatened.

• Mancheplan is signed by France and the United Kingdom and provides for a joint response to Search and Rescue (SAR) and counter pollution activities by both states.
• The Norbrit Agreement between Norway and the United Kingdom is more focussed on counter pollution.
• The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

These regulations implement EU Directive 2009/18/EC on the investigation of accidents in the maritime transport sector. The regulations set out the procedures for dealing with specified casualties and incidents which are collectively defined as an "accident", including the purpose and scope of an investigation and how an investigation is to be conducted and which accidents and incidents may be investigated. Accident means "a marine casualty, which is an event or sequence of events that has resulted in any of the following and has occurred directly by or in connection with the operation of a ship involving"....including "pollution, or the potential for such pollution to the environment caused by damage to a ship or ships". These regulations came into effect on 31st July 2012.

• DECC Oil Pollution Emergency Plans Guidance Note (April 2009)
• DECC Guidance Note on Offshore Installations (Emergency Pollution Control) Regulations 2002 (April 2009)

All new Oil Pollution Emergency Plans, or OPEPs (previously OSCPs) subject to a 5 yearly review, and any updates made to existing OPEPs must be written in accordance with these Guidance notes (see Snippets).

DECC has further new requirements following the GoM oil spill event (see Revised DECC Procedures). These additional requirements should be followed in addition to current published Guidance (see Revised DECC Procedures) until the issue of Revised Guidance, which will be developed and issued in due course.

• Guidance on the Petroleum Operations Notice No 1 (PON 1) Oil Pollution
• Guidance on the Process for approving Oil Pollution Emergency Plans (OPEP)(MS Word)

Guidance on a procedure adopted by DECC allowing operators to submit operations such as drilling in an appendix to an approved Offshore/Field Installation Plan.

• Oil Spill Response Training Guidelines for the UK Offshore Oil Industry were updated in April 2009.

New provisions and guidance associated with Training and Exercise requirements must be implemented with immediate effect on all installations holding an existing approved OPEP.

As information has become available about the Macondo incident in the Gulf of Mexico, DECC has been considering its impact on the UK environmental regulatory regime.

Operators are reminded that an OPEP prepared in accordance with the regulations should set out the "arrangements for responding to incidents which cause or may cause marine pollution by oil, with a view to preventing such pollution or minimising its effect". The primary purpose of the OPEP is to inform the operator, so that they can implement a robust, effective and tested emergency response procedure. It is therefore the operator's responsibility to ensure that the OPEP clearly identifies the potential release scenarios, the potential environmental impacts, and how they would respond to mitigate
those impacts.

DECC has issued a letter to the industry contained Revised Guidance related to Environmental Submissions (pdf file) (December 2010). This revised guidance applies to all exploration, appraisal and development drilling; or workover and intervention operations on producing wells.

DECC provided further clarification on 27 May 2011, and DECC may require the following on a case-by-case basis, but in particular for new operators and or drilling contractors and/or rig to UKCS; and oil/condensate exploration, appraisal and development wells in West of Shetland, Moray Firth, deepwater areas or HP/HT wells:

• Confirmation and details of insurance provision including proof of OPOL membership including operations to stop or control the release of hydrocarbon in the event of a well blow-out e.g. capping device; clean-up costs associated with any spill (including worst-case) and remediation of pollution damage including liability to third parties.
• Written statement that the operator has taken into account recommendations from the various reports into the Macondo incident.
• Detailed information within the OPEP on access to a capping dvice and relief well drilling plans including systems/procedures and predicted timescales.
• Onshore pre-consent inspection at operators premises.
• Onshore pre-consent desktop emergency response exercise observed by DECC.
• Offshore pre-spud inspection within 21 days of DECC approving the OPEP - this inspection will not be carried out until the crew and systems/procedures for the proposed activity are in place on the installation. If a pre-spud inspection is deemed necessary by DECC other DECC consents will not be issued until the pre-spud inspection has taken place and any issues are satisfactorily dealt with.
• Offshore inspection after reaching the payzone.
• Offshore inspection when drilling the payzone.

Operators are therefore advised to take the above possible requirements into account when planning and submitting applications in order to prevent delays. If information provided or notice of changes to plans/dates are insufficient, delays to the consents procedure may occur.

For further guidance contact DECC's Offshore Inspectorate

Requirement for and Approval of OPEP

(Note - OSCP has been renamed Oil Pollution Emergency Plan (OPEP) under new DECC guidance currently out to comment).

The International Convention on Oil Pollution, Preparedness, Response and Co-operation (OPRC), which has been ratified by the UK, requires the UK Government to ensure that operator’s have a formally approved Oil Pollution Emergency Plan in place for each offshore operation, or agreed grouping of facilities. Such approval must come from the appointed National Competent Authority. This is the MCA in the UK, but powers have been delegated to DECC EDU-OED Environmental Inspectorate for offshore oil and gas operations.

The Merchant Shipping Act 1995 allows the UK to implement the provisions of the OPRC Convention and because of this, the National Competent Authority was appointed under the Merchant Shipping (Salvage and Pollution) Regulations 1996.

The Merchant Shipping (Oil Pollution Preparedness and Response) Regulations 1998 have also been created under the provisions of the Merchant Shipping Act 1995. These regulations implement into UK law the oil spill planning requirements of the OPRC Convention.

In addition to the requirements of The Merchant Shipping (Oil Pollution Preparedness and Response) Regulations 1998, there may be requirements for Oil Pollution Emergency planning through either block specific licence conditions or general requirements under licensing legislation as embodied in the Petroleum Production (Seawards Areas) Regulations 1988 and 1996. A specific licence may be required under conditions that require the preparation of an essential elements Oil Pollution Emergency Plan that relates to its proximity to environmentally sensitive areas. 

Note that DECC has been requesting additional information on a case by case basis following the GoM oil spill event (see Revised DECC Procedures).

Under the requirements of the Merchant Shipping (Oil Pollution Preparedness and Response) Regulations 1998, all completed Oil Pollution Emergency Plans must be submitted to the National Competent Authority for approval.

In addition, Oil Pollution Emergency Plans required under the Block Licence must be formally approved to ensure that the specific requirements of the Block Licence, which are not included in the generic provisions of The Merchant Shipping (Oil Pollution Preparedness and Response) Regulations 1998, have been met.

A procedure has been adopted regarding drilling operations which now allows operators to submit these activities as an appendix of an approved Offshore Field/Installation plan, however, the appendix is still subject to the two month consultation and review period. Due to the requirement to provide additional information, not generally included within the Onshore Plan and Offshore Field/Installation Plan, e.g. location of and drilling contractors' representation within the Operations Control Unit (OCU). The appendix will always, where applicable, be approved under Emergency Pollution Control (EPC) legislation.

An OPEP Regulatory Submission Sheet must be submitted along with each OPEP submitted for approval. Please note that the Offshore Inspectorate will NOT process any OPEP’s unless this covering document has been included with the submission.

DECC (Oil and Gas Division, Aberdeen) has delegated powers for the regulation of offshore contingency planning and the granting of plan approval on behalf of the Secretary of State for the Environment, Food and Rural Affairs. The Maritime and Coastguard Agency is a statutory consultee.  Plans should be submitted to the DECC Oil & Gas Environmental Inspector Team.

MCA Review of Oil Pollution Emergency Plans (OPEPs) has changed with immediate effect, this is due to the heightened interest on the OSIS modelling which can be best reviewed at MCA HQ.

All future OPEPs submitted for consultation should be forwarded to MCA HQ in Southampton (Contact Details are below), the preference is for electronic copies via e-mail, however CDs and hard copies can be sent if necessary.

Once an OPEP has been approved by DECC, the controlled copy of the OPEP should be sent as a hard copy or CD directly to the MCA office indicated in the Distribution List or copy holders list within the OPEP. Not MCA HQ, please do not send them as e-mails, the Operations Rooms do not have the capacity for storage.

E-mail to: meor.meor@mcga.gov.uk

Contact details:Mr Neil Chapman, Maritime & Coastguard Agency, Counter Pollution & Response Branch, Bay 2/11, Spring Place, 105 Commercial Road, SouthamptonSO15 1EG Tel: 02380 329228

All new offshore installations (i.e. those on or after 15th May 1998) including exploration and appraisal wells are required to have submitted an Oil Pollution Emergency Plan for formal approval at least 2 months before activities on the offshore installation commence. In some cases drilling may be covered by a platform OPEP.

DECC has requested that industry take into consideration the implications of additional guidance post GoM when submitting an OPEP for approval in terms of time required for approval. DECC may require to gain assurance that the provisions and arrangements detailed within their OPEP (see Revised DECC Procedures for what DECC may require on a case by case basis) (or any other regulatory submission) are in place prior to or after approval is given. This is particularly the case for activities falling under the following categories, and additional time should be allowed for approval prior to the OPEP required date:

• New operator, and/or drilling contractor and/or rig to UKCS;
• Oil/condensate exploration, appraisal and development wells West of Shetland or Moray Firth, deepwater or HP/HT.

Following the Deepwater Horizon Incident, DECC and the HSE have taken a number of steps to review procedures in the UKCS in light of lessons learned. Steps taken include:

• HSE review of safety regulatory regime on UKCS with conclusion that systems are robust. But recognise that sensible reinforcement of existing rigorous approach should be undertaken including increase in routine checks, increased level of peer review of well design assessments and basic well control assessment introduced for all MODU offshore inspections.
• Establishment of Oil Spill Prevention and Response Advisory Group (OSPRAG) with strong support from HSE and DECC (see below)
• HSE internal Deepwater Horizon Advisory Group created to act as focal point for ongoing consideration of lessons learned
• DECC review of environmental and pollution response. Also concluded systems were robust but again recognised that sensible reinforcement was needed included doubling number of MODU environmental inspections by DECC, increase in HSE/DECC joint inspections of MODUs, all exploration/appraisal wells being reviewed/consented on a case by case basis and revised DECC procedures for OPEPs (see revised DECC procedures).
• Commitment by HSE/DECC to fully review offshore regulatory systems once clear lessons emerge Gulf of Mexico

Set up by DECC and HSE as a result of reviews undertaken following the Deepwater Horizon incident in GoM. The Group objectives are to:

• Review UKCS regulation and arrangements for pollution prevention and response
• Assess the adequacy of financial provisions for UKCS response
• Monitor and review findings from the Deepwater Horizon incident and facilitate implementation of pertinent recommendations
• Establish active liaison with European and international regulatory, technical and industry bodies in order to share information and learning

The OSPRAG membership includes offshore operators, drilling contractors, DECC, HSE, MCA, offshore trade unions, IADC and Oil & Gas UK.

Any use of dispersants whether in shallow water (<20m) or in deep water must have the approval (including test spraying) of the licensing authority (MMO or Marine Scotland) before use. The only exception is in the case of force majeur, where a spill poses an immediate threat to human health or the safety of an installation.

The licensing authority is the MMO in England/Wales and Marine Scotland in Scottish Waters.

Guidance on approval of dispersants is provided in Annex 4 of the PON1

The Marine Licensing (Exempted Activities) Order 2011 and the Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 make an exemption to the requirements of marine licensing under the Marine & Coastal Access Act 2009 for the use of marine chemical and marine oil treatment substances, where these are approved products. Prior approval of the licensing authority (MMO) and Scottish Ministers must be sought however if the substances are to be deposited below the sea surface or in water depths <20 m.

See Reporting Requirements

A decision on whether to report a spill as an oil spill or chemical spill can be made depending on whether the substance spilt has been permitted under the Offshore Chemical Regulations 2002 (e.g. drilling fluids), in which case it should be reported as a chemical spill, or not (e.g. reservoir hydrocarbons, lube oils, diesel etc.), in which case it should be reported as an oil spill.

In the event of an oil or chemical spill, regardless of size, the operator is required to report the spill in accordance with the Petroleum Operations Notice No. 1 (PON 1). (See Reporting Requirements). Guidance on the use and completion of the PON1 is available on DECC website.

In addition to the reporting of all oil spills, if the source of the oil spill is in doubt a sample of the oil/spilled material should be taken for analysis.

The PON1 is currently under revision as part of an ongoing consultation excercise on the Offshore Chemical Regulations 2002 and OPPC Regulations 2005. A copy of the proposed revised PON1 is available as part of the consultation package on the DECC Website.

Reporting of oil and chemical spills using the PON 1. Guidance on the use and completion of the PON1 is available on DECC website.

Accidental/Unplanned Discharges

All accidental/unplanned discharges to sea of oil (including crude oil, diesel oil, lubricating oil and hydraulic oil) or chemicals (including OBM), regardless of volume, must be reported by PON1. Any third party spills or spills of unknown source must also be reported.

Discharges Associated with Activities Permitted under the OPPC Regulations

If any permitted discharge meets the following, then a PON1 must be submitted (even if no breach of permit conditions has occurred). These PON1s will be classified as “OPPC Permitted Discharge Notifications”.

• > 1 tonne of oil to sea in any 12 hour period; and/or
• Oil discharges causes a sheen which appears more significant when compared with a sheen observed during normal operations and weather conditions and extends outwith the installation’s 500 m zone; and/or
• Causes a discharge of oil which has the potential to cause significant environmental impact or affect other users of the sea.

Any other discharge that exceeds permit conditions must be reported using an OPPC Permit Non-Compliance Notification Form (see Produced Water).

Note: “oils” regulated under the Offshore Chemical Regulations 2002 (e.g. OBMs, base oil, SBMs etc.) must be reported on the PON1 as a chemical spill.

Also see Snippets

Immediately notify nearest MRCC Coastguard Station by telephone, then confirm spill by faxing completed pro forma that is Annex 1 in the PON 1;

Fax spill details (PON1) to be sent to the Aberdeen MRCC Coastguard station, which is acting as a central distribution centre.

Fax spill details (as detailed in Annex 1 of PON 1) to DECC (Oil and Gas, Aberdeen); telephone DECC with details of spill if it occurred in an environmentally sensitive area, or within 25 miles of the coast, or is greater than 25 tonnes.

Fax spill details (as required by Annex 1 in the PON 1) to JNCC; telephone JNCC with details of spill if it is (a) greater than 1 tonne and occurred in either an environmentally sensitive area or within 25 miles of the coast, or (b) is greater than 25 tonnes.

Other specific reporting requirements will be detailed in the relevant Oil Pollution Emergency Plan.

All measurements must be reported in the units requested on the form.

All spills must be notified as soon as possible.

The PON1 is utilised by relevant authorities as a pollution incident notification system and it is therefore imperative that, in addition to immediate telephone notification to the nearest Coastguard Station, early notification by PON1 Fax is given to provide effective response.  In this regard it is expected that under normal circumstances incidents be notified by Fax within 6 hours of an event being confirmed and/or identified.  Notification should not be delayed in order to close out actions or confirm full details of the incident.  Initial notification should occur with additional information being forwarded at a later time by updating the original PON1, if applicable.

Where the spill/discharge is, or seems as though it may become, extensive in size (e.g. a blow-out, a fractured pipe or a damaged storage facility) there should be the earliest possible consultation with the nearest Coastguard Station and DECC. 

In case of an on going spill a daily report PON 1 should be sent.

Non-compliance would constitute failure to report an oil spill / failure to report spill according to requirements of PON 1 / oil spill plan / failure to respond to the spill using procedures laid out in the plan. Non-compliance would also include failure to prepare an oil spill plan that meets legal requirements. In case of non-compliance with reporting DECC are likely to prosecute. In case of non-compliance with oil spill planning DECC will require a legal content / format oil spill plan to be prepared.

Oil spill reporting required for every oil spill that reaches the sea. For oil spill plans the following are the legal requirements for renewal:

• A full review of the plan no later than 5 years after its submission.
• Where major change occurs that could affect the validity or effectiveness of the plan then a new plan must be submitted, or amendments made to the plan, within 3 months of the change becoming known.
• Also see Guidance for new OPEP Guidance and implications to renewal/revision.

All new Oil Pollution Emergency Plans, or OPEPs (previously OSCPs) subject to a 5 yearly review, and any updates made to existing OPEPs must be written in accordance with these Guidance notes. 

Operators holding an existing approved OPEP are not required to update and re-submit their existing OPEP to comply with new guidance until the existing approval period expires.  However, it is recognised that the updated Guidance provides scope to strengthen existing response arrangements and in this respect

Operators are encouraged to review and submit their existing OPEP in line with the new Guidance before their existing approval period expires. 

UK oil spill contingency and response is going through a period of review. The Gulf of Mexico incident in particular has raised new questions over the use of dispersants; for example the subea injection of dispersants at a wellhead. This review by the MMO is intended to ensure that the Approval Scheme is kept up to date with the new National Contingency Plan and ongoing work by oil & gas review groups. The review of the Oil Spill Treatment Product Approval Scheme is now closed for comments.

However, the documents can still be reviewed online on the MMO website. The MMO is now working on the summary and government response document, which will also be published on the consultation page.

Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements

This amendment Directive supplements the 2005 Directive by making illicit ship-source discharges of polluting substances criminal offences as long as they have been committed with intent, recklessly or with serious negligence and result in deterioration in the quality of water.

Environmental Alert 01/2011 Training of offshore personnel responsible for responding to oil spill events

Operators of offshore installations, including mobile offshore drilling units, are encouraged to strengthen their tracking of mandatory training for offshore response personnel requiring DECC level 1 Oil Spill Response Training by utilising the tracking feature of the Vantage POB system.

For more information see the DECC Environmental Alert 01/2011

Due to the recent increase in public interest in offshore oil and chemical spills, DECC has decided to publish PON 1 information on their website more regularly than the data currently released as part of the annual ACOPs report.

From 1st April 2012, data from all incidents reportable under a PON 1 occurring on or after 1st January 2012 will be published on the DECC website 28 days after the submission date.

There are two categories of PON 1: "closed" PON 1s and "under review" PON 1s.

A closed PON 1 has been closed-out by an inspector and the quantities confirment. For such PON 1s, DECC plans to publish details including the type of substance released, quantity released, source of release and the cause.

PON 1s that remain the subject of further inspector assessment or are under investigation are to be classed as "under review" after the 28 day period has lapsed. In such cases, data pertaining to the quantity released or the source of the release will not be published as an incident or investigation may be ongoing. Once closed, the remaining information will be added to the published data.

DECC has increased its inspection of drilling rigs and monitoring of offshore compliance and has asked a new oil industry group to report back on its findings on the UK’s ability to prevent and respond to oil spills.

A review has been carried out by DECC officials which has found that the existing system is fit for purpose, but in light of the spill in the Gulf we are strengthening the regime further.

DECC has published a report and series of recommendations following on from Excercise Unicorn. The intention is that some, if not all, will be implemented in an effort to ensure better working practices are achieved so that organisations, agencies and Government Departments are able to respond to, and deal effectively with a major marine pollution incident.

Information available on the DECC website.

Recent reviews of Oil Pollution Emergency Plans (OPEP) by Operators and DECC has established some instances where pipelines and sub-sea infrastructure have not been included in the scope of an appropriate OPEP. Instances include shared and third party pipelines and infrastructure where roles and responsibilities for response and counter pollution were unknown/unclear. Potential exists for response and counter pollution operations to be hindered or delayed in the event of an incident.

Operators are advised to review their applicable offshore infrastructure including installations, pipelines and sub-sea tiebacks to ensure that they are all included within the scope of an appropriate OPEP. Where roles and responsibilities for any infrastructure differ from that detailed within the OPEP i.e. 3rd party pipelines/infrastructure, these must be clearly established, identified and documented.

For more information see DECC Environmental Alert 001/2010