Displacement Water

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

The Regulations have been designed to encourage operators to continue to reduce the quantities of hydrocarbons discharged during the course of offshore operations. The Regulations update the definition of oil, introduce a permitting system for oil discharges and strengthen the powers to inspect and investigate oil discharges.

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

• Convention on the Protection of the Marine Environment of the North East Atlantic 1992 (OSPAR Convention)
• PARCOM Recommendation 86/1 of a 40 mg/l Emission Standard for Platforms

OPPC Permit

Permit required under the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 for discharge of Displacement Water.

For production operations, a Life Permit (see OPPC Summary Table) can be applied for that covers all routine oil to sea discharges/re-injection operations, including:

• Produced water (discharge and re-injection);
• Displacement water;
• Produced sand and scale discharges;
• Hazardous Drains and Non-Hazardous Drains.

Applications for a permit under the OPPC Regulations must be made by application form, which is available for download from the DECC website.

Guidance Notes on the OPPC Regulations and Permit Application are available for download from the DECC website.

A permit to discharge oily discharges from a producing facility is likely to be issued as a Life Permit. Non-routine or one-off discharges will be issued as a time limited Term Permit.

Application under the OPPC Regulations to be submitted electronically by email to offshore.inspectorate@decc.gsi.gov.uk.

The DECC plan to incorporate this application system into the DECC UK Oil Portal, once this is in place, all applications will be made via this system.

The definition of oil has been updated under the OPPC Regulations and is defined as "oil means any liquid hydrocarbon or substitute liquid hydrocarbon, including dissolved or dispersed hydrocarbons or substitute hydrocarbons that are not normally found in the liquid phase at standard temperature and pressure, whether obtained from plants or animals, or mineral deposits, or by synthesis". This definition is designed to capture all produced hydrocarbons, including condensate, and all uses of oil in the course of offshore exploration and production activities.

However, the OPPC Regulations do not apply to hydrocarbons or substitute hydrocarbons that are designated as chemicals for the purpose of the Offshore Chemicals Regulations 2002.

Discharges of displacement water may only take place from those locations and at the depths specified in the schedule attached to the OPPC permit.

Oil in Water Analysis

From the 1 January 2007 the approved oil in water analysis reference method is the OSPAR GC-FID Method as per OSPAR Agreement 2005/15. The DECC IR method may be used as an alternative offshore method but this will need to be correlated with the OSPAR GC-FID method as per OSPAR Agreement 2006/06.

The OSPAR GC-FID method is the reference dispersed oil in water analysis method for both oil and gas facilities and oil in water figures reported to DECC will be reported against this method.

DECC Guidance on the Sampling and Analysis of Produced Water and Other Hydrocarbon Discharges is available on the DECC website

OPPC Permit

Sampling and measurement/calculation requirements are as summarised in the OPPC Sampling Requirements Table.

The schedule to the OPPC Permit will specify the exact sampling strategy. However, as a minimum at least one sample will be required to be taken during each discharge. If discharge continues for >12 hours, sampling required at least twice per day at equal intervals at sample points detailed in permit schedule.

Volume of displacement water discharged shall be measured or calculated to +/- 10% accuracy on volume.

Samples should be analysed as per current DECC standards (see Performance Standards). DECC Guidance on the Sampling and Analysis of Produced Water and Other Hydrocarbon Discharges is available on the DECC website.

The following records must be maintained by the laboratory and retained for 2 years:

• Date and time of sampling;
• Hydrocarbon concentration of each sample (mg/l);and
• Name of person undertaking each sample analysis.

The following records must be retained on the offshore installation for 2 years:

• Date and time of sampling;
• Dispersed oil in water concentration for each sample (mg/l);
• Volume of displacement water discharged between each sample;
• Total volume of displacement water discharged each calendar month;
• Total weight of dispersed oil discharged each calendar month (tonnes);
• Monthly average dispersed oil concentration (mg/l);
• Total weight of dispersed oil discharged each calendar year (tonnes);
• Total volume of displacement water discharged over the calendar year; and
• Average dispersed oil concentration over the calendar year (mg/l).

Arrangements must be in place to ensure the accuracy and correctness of records. Where records are maintained solely in electronic form, secure systems shall be provided so that all changes are recorded and the original entries are not deleted. Where hard copies only are maintained, the person in charge of the operation shall sign a true copy of the records for the time period over which they have responsibility.

A summary of the parameters measured/recorded (see Monitoring) will be required to be submitted using the EEMS oil in water spreadsheet available on the EEMS website. Reported volumes will be cross references with OPPC permitted discharges. Information required to be reported includes:

• Monthly average dispersed oil in water content (mg/l);
• Total volume of displacement water discharged per calendar month;
• Total dispersed oil discharged per calendar month.

Reports to be submitted to DECC via the EEMS reporting system using the EEMS oil in water spreadsheet. This can be downloaded from the EEMS website.

Also see Non-Compliance.

Submit EEMS oil in water electronically to the EEMS website by the 16th of each calendar month for each preceeding calendar month.

In the event that the monthly average concentration of dispersed oil in displacement water discharged exceeds 40 mg/l DECC must be informed within 2 working days of submission of the monthly returns using the OPPC non-compliance notification form, which can be downloaded from the DECC website along with appropriate Guidance Notes.

In the event that the maximum concentration of dispersed oil in displacement water discharged exceeds 100 mg/l DECC must be notified within 6 hours using the OPPC non-compliance notification form.

In addition, if at any time (even if permit conditions not breached) >1 tonne of oil is discharged within a 12 hour period or an unusual sheen is formed extending outwith the 500 m zone, then this must be reported to DECC via the PON1. The PON1 and Guidance Notes can be accessed on the DECC website. These PON1 reports are classed as OPPC non-compliance reports and are primarily intended to ensure the regulators are aware of an event which may give rise to further pollution, to reports from third parties or to public concern. Whilst not classed by DECC in the same way as PON1s for spills, submission of the non-compliance PON1 report is every bit as vital to ensure compliance with the OPPC Regulations.

The OPPC Regulations give DECC far greater and wide ranging powers to monitor and investigate all oil discharges whether lawful or unlawful.

Inspectors may board an installation any any reasonable time and make such investigations as they consider necessary to investigate whether the requirements, restrictions or prohibitions imposed under the OPPC Regulations have been or are being complied with, or to monitor any discharge of oil.

The DECC Environmental Inspectorate Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

DECC, if of the opinion that the OPPC Regulations have been contravened, may issue an enforcement notice. This will specify the matters that constitute or are likely to constitute a contravention, steps required to rectify the matter and the time period within which these steps must be undertaken. If an enforcement notice is not addressed, DECC may take action itself and recover reasonable costs back from the operator.

If DECC is of the opinion that the operation of an offshore installation involves an imminent risk of serious pollution as a consequence of any discharge of oil, DECC may serve a prohibition notice. This will specify the pollution risk, the steps required to remove it and the time period, and may withdraw a permit wholly or in part until the prohibition notice is withdrawn.

Offences under the OPPC Regulations, include (but are not limited to) the following:

• discharge of oil to sea without a valid and appropriate permit being in place;
• failure to comply with a prohibition or enforcement notice;
• failure to supply any information required under the terms of the permit; or
• wilfully obstructing a DECC inspector.

A person found guilty of an offence will on summary conviction be liable to a fine not exceeding the statutory maximum.

OPPC Life Permits will be reviewed at a frequency stipulated in the permit schedule. The minimum frequency of review will be every three years.

Permit holders have an obligation to continually review their oil discharge permits to ensure that they adequately cover their discharges. If any changes are required for example to take account of a process modification or to add additional activities/discahrge streams, permit holders must apply for an oil discharge permit variation. This must be prepared by amending the original application with any changes clearly highlighted. Variations will be dealt with by DECC as quickly as possible, but 28 days should be allowed for the assessment of any significant changes.

The Consultation closes on 16 October 2009. Further information is available on the DECC Website.

DECC has published its responses to the consultation exercise and the responses can be found on the DECC website. The responses supported the need for the amending Regulations and after a meeting with industry in May 2010 all points raised were
resolved.

The principle aim of the proposed amendments - to be introduced via the Offshore Chemicals (Amendment) Regulations 2010 and the Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2010 ("amending Regulations") is to make unlawful unintentional releases of chemicals and oil that arise through accidents / non-operational discharges by broadening accordingly the definitions of "offshore chemical" and "discharges" and incorporating a new concept of "release" so as to: (a) differentiate between intentional discharges and other releases; and (b) create a new offence in respect of releases, or allowing a release to continue. Consequently, in making releases unlawful, it will be possible to provide for suitable enforcement actions, including the ability to serve notices to prevent releases occurring and specify actions to be taken to remedy any pollution caused by a contravention and potentially prosecute in the event of any releases. Both sets of amending Regulations also contain a number of minor changes to clarify points which the Offshore Environment and Decommissioning (OED) Branch of DECC's Energy Development Unit (EDU) have identified through experience of administering the existing Regulations since they came into force.

None at present