Drainage - Hazardous and Non-Hazardous

• Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005
• Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011

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.

These Regulations require an OPPC Permit for Hazardous and Non-Hazardous Drains.

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011 have introduced a number of changes to the Regulations. This includes a new definition of "offshore installation" which encompasses all pipelines - some of which were not previously covered by the OPPC Regulations. The amending OPPC Regulations also include the concept of "release" to cover all unintentional emissions of oil that occur through accidental spills / leaks or non-operational discharges. Intentional emissions are now clarified as discharges. See Pending Legislation for a description of key changes to the 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
• Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

These Regulations require ships (including installations) to have a UK Oil Pollution Certificate (UKOPP) or IOPP (for a Foreign Flagship Unit) in place to cover discharges from machinery space drainage (see Machinery Space Drainage). Machinery space drainage can be defined as any drainage not associated with the oil and gas production process, i.e. hazardous and non-hazardous drains would generally fall outwith this definition.

• DECC Guidance on the OPPC Regulations (March 2011)

Note: revisions to these new guidance notes are not yet incorporated in this website, and will be included at the next quarterly review.

Permit required under the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 for discharge of oil contaminated Hazardous and Non-Hazardous Drainage.

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.

Note: Machinery Space Drainage (i.e. drainage not associated with the oil and gas process system e.g. from vessel engines, continues to be regulated by the MCA under the Merchant Shipping Regulations).

If all drainage (including any minor machinery space drainage) is treated via the hazardous and non-hazardous drainage system that deals with all the process drainage, it is expected that this will fall under the OPPC Regulations and require an OPPC permit rather than a UKOPP certificate See Machinery Space Drainage.

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

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

DECC plans 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.

The monthly average concentration of dispersed oil in drainage water must not exceed 40 mg/l. The maximum concentration of dispersed oil must not exceed 100 mg/l at any time.

Arrangements must be in place to ensure oil recovery from the hazardous and non-hazardous drains systems before discharge. Any oil recovery system must be operated to maximise recovery of oil.

Where there is no oil recovery system in place and discharge of oil occurs to the non-hazardous drains system, this will be considered an oil spill and a PON1 must be submitted (see Non-Compliance).

The drainage systems must be maintained in an efficient working order and any defects recorded.

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. DECC's 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 DECC website

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

Where a sample point is available, samples must be collected at a frequency and timing to ensure that a representative sample of the discharge is achieved, taking into account operational aspects and logistics. Additional samples may be requested to demonstrate to DECC that sampling is representative.

Where there is no sample point available or no samples are taken, the operator must within 12 months of issue of the OPPC permit undertake a review to assess the feasibility of installing a sampling point (if required) and facilities to enable representative sampling of the drainage discharge to be undertaken.

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 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.

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.

Persons undertaking water sampling and analysis shall be provided with sufficient information, instruction and training to undertake the task. All training records must be retained.

No reporting requirements.

Not applicable. Also see Non-Compliance.

Not applicable.

In the event that the monthly average concentration of the discharge exceeds 40 mg/l DECC must be informed within 2 weeks using the OPPC non-compliance notification form, which can be downloaded from DECC website along with Guidance Notes on completion.

If at any time (even if permit conditions are 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 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.

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.

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.

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/discharge 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.

None at present