Oil Spill Contingency Planning and Reporting

• 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.

• Merchant Shipping Act 1995
• International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC Convention).
• Merchant Shipping (Salvage and Pollution) Act 1994

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, which are approved by the body that is the National Competent Authority for the Convention. The Merchant Shipping (Salvage and Pollution) Regulations 1996 made the Maritime and Coastguard Agency (MCA) the UK National Competent Authority (but see below Consent - Who to Apply to - for application to offshore industry).

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. 

• Guidance Notes to Operators on the Merchant Shipping (OPRC) Regulations 1998 - these guidance notes will be superceded on final issue of revised guidance notes that are currently out to consultation (see Pending Legislation)
• Guidance on the Petroleum Operations Notice No 1 (PON 1) Oil Pollution
• Guidance on the Process for approving Oil Spill Contingency Plans (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.

• Draft Guidance Notes to Operators of UK Offshore Oil and Gas Installations (including pipelines) on Oil Pollution Emergency Plan Requirements (also see Pending Legislation)

• Draft Guidance Notes to Operators of UK Offshore Oil and Gas Installations on the Offshore Installations (Emergency Pollution Control) Regulations 2002 (also see Pending Legislation)

Requirement for and Approval of OSCP

(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 Spill Contingency 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 spill contingency 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 spill contingency plan that relates to its proximity to environmentally sensitive areas. 

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

In addition, oil spill contingency 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 forthcoming drilling operations which 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 OCU. The appendix will always, where applicable, be approved under EPC legislation.

All offshore installations that were active before the Regulations came into force (i.e. before 15th May 1998) were required to have submitted an Oil Spill Contingency Plan on or before the 14th August 1999 for formal approval.

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 Spill Contingency 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 OSCP.

Preparation of OSCPs

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

Reference should be made to appropriate DECC guidance (see Guidance) on preparation of OSCPs. Guidance provides detailed requirements for response resources, risk assessment and oil spill modelling amongst others.

Revised draft Guidance is currently out for industry comment (see Pending Legislation). This topic page will be fully updated in line with the new Guidance once the Guidance is issued as final. In the meantime it is suggested that operators should refer to the draft Guidance when preparing or revising oil spill plans.

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.

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
• 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 500m zone; and/or
• Causes a discharge or 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.

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

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 spill contingency plan.

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

As soon as oil spill occurs.

  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.

The Environmental Liability Directive was adopted in 2004 and was required to be implemented by 30 April 2007.  The Directive enforces strict liability for prevention and remediation of environmental damage to ‘biodiversity’, water and land from specified activities and remediation of environmental damage for all other activities through fault or negligence. 

DEFRA undertook a consultation on draft Regulations and guidance on UK implementation of the Environmental Liability Directive 2004/35/EC. Further information on implementation of the Directive can be found on the DEFRA website.

Scottish Government has launched a 2nd Consultation on implementation of the Environmental Liability Directive. Closing Date for Responses 8 August 2008.

Oil Spill Response Training Guidelines for the UK Offshore Oil Industry were updated in May 2007.

Approval of oil spill dispersants

A consultation has recently taken place to ensure that the UK Oil Spill Treatment Products Approval Scheme continues to remain fit for purpose and to ensure that appropriate products whose use would be of environmental benefit are available to responders to maritime oil spill in UK waters.

Additional information on the approval of oil spill dispersants and those approved from list is available on the DEFRA website.