Environmental Statement - Maersk Oil

Balloch Field Development Environmental Statement
Appendix A – Review of Legislation
Offshore Chemicals Regulations 2002 (as
amended 2011) (as amended by the
Energy Act 2008 (Consequential
Modifications) (Offshore Environmental
Protection) Order 2010)
PON 15b Implementing the requirements
of OSPAR Decision 2000/2 on a
Harmonised Mandatory Control System
for the Use and Reduction of the
Discharge of Offshore Chemicals (as
amended by OSPAR Decision 2005/1) and
associated Recommendations.
OSAPR Recommendation 2006/5 on a
management scheme for offshore
cuttings piles
The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011 came into force
on March 30 th 2011. These amendments include a new definition of “offshore installation”, which now includes
pipelines. This ensures that all emissions of oil from pipelines used for offshore oil and gas activities and, under the
Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, gas storage and
unloading activities will now be controlled under the OPPC regulations.
Regulator: DECC
Under these Regulations, offshore drilling operators need to apply for permits to cover both the use and discharge of
chemicals. The permits are applied for through the PON15b online application form (UKoilPortal). The application
requires a description of the work carried out, a site specific environmental impact assessment and a list of all the
chemicals intended for use and/or discharge, along with a risk assessment for the environmental effect of the discharge
of chemicals into the sea. The permit obtained may include conditions.
These Regulations amend the Deposits to Sea (Exemptions) Order 1985 to make the discharges of chemicals to sea
exempt from requiring a licence under FEPA (subsequently replaced by the MCAA) when the discharge has a permit
under the Offshore Chemicals Regulations 2002 (as amended 2011). Under the Energy Act 2008 (Consequential
Modifications) (Offshore Environmental Protection) Order 2010, permits extend to CCS activities.
The Offshore Chemicals (Amendment) Regulations 2011 also came into force on March 30 th 2011. The key change is to
ensure that enforcement action can be taken in respect to non‐operational emissions of chemicals, such as accidental
leaks or spills. Under the 2002 regulations a permit can only be granted in respect of discharge of chemicals which occur
during day to day oil and gas production, as a discharge is limited to “an operational release of offshore chemicals.”
Therefore, it is not an offence to emit chemicals other than in the course of normal operations, for example, as a result of
leaks or spills. The 2011 amendments remedy this. Under the regulations, a “discharge” now covers any intentional
emission of an offshore chemical and a new definition of “release” has been inserted which catches all other emissions
(regulation 4(a) and (h) of the amendments).
Under the 2011 amendments, well suspension and abandonment also requires a formal permitting process and will
usually require approval under the MCAA licensing regime. Both of which are administered by DECC’s Environmental
Management Team. These requirements are in addition to the PON15 consent to abandon a well.
OSPAR Recommendation 2006/5 outlines the approach for the management of cuttings piles offshore. The purpose of
the Recommendation is to reduce to a level that is not significant, the impacts of pollution by oil and/or other substances
from cuttings piles. The Cuttings Pile Management Regime (outlined by the Recommendation) is divided into two stages:
Stage 1 involves initial screening of all cuttings piles. This should be completed within 2 years of the
Recommendation taking effect
Stage 2 involves a BAT and/or BEP assessment and should, where applicable, be carried out in the timeframe
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