Produced Sand and Scale

• 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.

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)

• 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.

For new operations, an OPPC permit is required for the discharge of any oil contaminated produced sand or scale.

Under the OPPC Regulations, if a routine (even if only short-term) discharge of oil contaminated sand is made, it may be included in the Life Permit for the platform (see Produced Water). Otherwise, a Term Permit can be applied for if the discharge is related to a specific stand-alone time limited activity (see OPPC Summary Permit Table).

If there is a risk of LSA or NORM contamination (e.g. scale) additional consents are required (see LSA).

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.

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is in place all applications will be required to be made via this system, and the downloadable application form will be withdrawn.

Application under the OPPC Regulations to be submitted electronically to the DECC Offshore Inspectorate Team by email.

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 performance standards relating to the release of produced sand are specific to each case. Maximum concentration of oil and permitted location of discharges will be detailed in the permit schedule, and will normally require a demonstration that BAT is being used to limit the discharge of oil.

Water used to fluidise or wash the sand/scale is expected to be routed via the produced water treatment plant or if this is not possible via the hazardous drains system.

The required sampling strategy for produced sand/scale discharges will be set on a case-by-case basis, and will be detailed in the permit schedule. Samples collected must be analysed for oil content (mg/kg or mg/l) using current DECC approved standards. DECC Guidance on the Sampling and Analysis of Produced Water and Other Hydrocarbon Discharges is available on the DECC website.

The quantity of sand/scale discharged must also be measured or calculated to +/- 10% accuracy by volume. Total oil discharged can then be calculated on a monthly, annual or operational basis as appropriate.

The OPPC Sampling Requirements Table provides a summary of sampling and measurement requirements for off-line and on-line backwashing of sand and scale.

The following records must be retained on the offshore installation for 2 years and reported to DECC on an annual basis (for life OPPC permits) or at end of operation (for term permits) (see OPPC Sampling Requirements Table).

• Date and time on which samples were collected;
• The oil on sand/scale concentration of each sample (mg/kg);
• The quantity of sand/scale discharged monthly (or per operation) (kg);
• The quantity of oil on sand/scale discharged monthly (or per operation) (kg);
• The quantity of sand/scale discharged annually (kg)*; and
• The quantity of oil on sand/scale discharged annually (kg)*.

* Not applicable for off-line back-washing terms permits (i.e. report for period of operation only).

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.

Life permits must submit annual returns by the 31st January each year for the preceEding year.

Term permits must submit returns no more than one calendar month after the end of operation.

In the event that the monthly average concentration of dispersed oil discharged on sand/scale exceeds the maximum concentration as detailed in the OPPC permit schedule, 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 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.

Where oil contaminated sand or scale has been accidentally spilt into the sea without a permit or outside the period authorised, DECC must be informed about a breach via the PON1.

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 report an unpermitted discharge of oil;
• 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 new 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.

OPPC Life Permits will be reviewed at a frequency stipulated in the OPPC permit. The minimum frequency of review will be every 3 years.

If a Term Permit has been issued under the OPPC Regulations (i.e. for an activity specific time limited discharge operation), this will only be valid for that operation and will expire after this time. A new application will be required for new planned discharge operations.