Alphabetical index

Organised list of environmental topics for Oil & Gas operations

Offshore Activities

Anti-Fouling SystemsAtmospheric Emissions – ReportingAtmospheric Emissions – UK ETSAtmospheric Emissions – FlaringAtmospheric Emissions – Power GenerationAtmospheric Emissions – VentingBiodiversity Action PlansChemicals – DrillingChemicals – ProductionChemicals – PipelineChemical SpillsConservation (Offshore)Cooling WaterDecommissioning – Deposit of MaterialsDecommissioning – InstallationsDecommissioning – PipelinesDecommissioning – NavigationDeposit of Stabilisation and Protection MaterialsDisplacement WaterDrainage – Hazardous and Non-HazardousDrainage – Machinery SpaceDropped ObjectsEnvironmental Component of the Safety CaseEnvironmental Impact AssessmentEnvironmental Management Systems (EMS)Environmental LiabilityFluorinated Greenhouse GasesGeological Survey – Habitats DirectiveMercury Waste from Produced GasNavigational Interference – InstallationsNavigational Interference – PipelinesOBM and SBM Use and Discharge Oil Pollution Emergency Planning and Reporting


Legislation

Key Legislation:
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed:Fixed and Floating Platforms, FSU and FPSO

Although the Regulations apply to any fixed or floating platform, FSU or FPSO, the survey and certificate requirements set out in Annex I of the EC Regualtion and Annex 4 of the AFS Convention exclude these from the prescribed survey and certificate regime. However, for the purpose of the AFS Convention the Administration has set in place measures for ships that are not subject to the survey and certificate regime in order to show that they are in compliance with the Convention.The MCA have taken note of the operational difficulties which would arise from requiring fixed or floating Platforms, FSUs and FPSOs to be surveyed and certificated by the time the UK Regulation enters into force for ships in category a and b listed below.Therefore, the MCA has liaised with BEIS to establish appropriate requirements (see the Performance Standards tab). However, if and when the structure is removed from the seabed and is to be re-positioned then an AFS certificate/declaration will be required.

Mobile Rigs and Platforms/FPSOs not Fixed to the Seabed

All Fixed or Floating Platforms, FSUs and FPSOs which are not fixed to the seabed, e.g. drilling rigs on voyages will require an AFS certificate/declaration to comply with the UK Regulations from the date that the UK Regulations come into force.
How to Apply:Survey and Certification are to be undertaken by a UK Recognised Classification Society.
Who to Apply to:Survey and Certification of the AFS have been delegated by the MCA to the following UK Recognised Classification Societies:



    • the American Bureau of Shipping

    • Bureau Veritas

    • Class NK

    • Det Norsk Veritas

    • Germanischer Lloyd

    • Lloyds Register

    • RINA
When to Apply:Fixed or Floating Platforms, FSU and FPSO

If and when any fixed or floating platform, FSU or FPSO is removed from the seabed and is to be repositioned then an AFS Certificate/Declaration will be required.

Mobile Rigs and Platforms/FPSOs not Fixed to the Seabed

An AFS Certificate/Declaration is required when the UK Regulations come into force or prior to first sailing.

Performance Standards

Anti-fouling System Restrictions:Fixed or Floating Platforms, FSUs and FPSOs constructed on or after 1 July 2003: these must either not bear organotin compounds at all, or if they do, then they must have a barrier coating to prevent the compounds from leaching. Fixed or Floating Platforms, FSUs and FPSOs constructed before 1 July 2003 and which have been in dry dock on or after 01 July 2003: similarly, these must either not bear organotin compounds at all, or if they do, then they must have a barrier coating to prevent the compounds from leaching.Fixed or Floating Platforms, FSUs and FPSOs constructed before 1 July 2003 but which have not been in dry dock since that date: the ban on application or bearing of organotin compounds still applies, and the MCA recommends that these ships do comply if and when it is reasonably practicable to do so. All Fixed or Floating Platforms, FSUs and FPSOs  which are not fixed to the sea bed e.g. drilling rigs on voyages must have an AFS certificate/declaration to comply with the UK Regulations from the date these come into force.
Requirement for EIA:If a Fixed or Floating Platform, FSU or FPSO has been repositioned after entering dry dock after 1 July 2003 and still has a TBT or organotin anti-fouling system (AFS) then an Environmental Impact Assessment will need to be undertaken and the MCA will act on a case by case basis.

Sampling/Monitoring Requirements

Not Known.

Reporting Requirements

What to Report:N/A
Who to Report to:N/A
When to Report:N/A

Non Compliance

Inspection and Non-Compliance:Any ship covered by the 2008 Regulations is subject to Flag State Inspection if it is a UK ship, or to Port State Control if it is a foreign ship. These inspections will be limited to:





      • Verifying that the ship holds a valid Anti-Fouling Certificate, Record of Anti-Fouling Systems and or other appropriate documentation;

      • Investigating further the documentation where there are clear grounds for believing that the certificate, Record of Anti-Fouling Systems and or other appropriate documentation is incorrect; and

      • Requesting that the owner/manager of the ship undertake sampling of the Anti-Fouling System to show that the ship's AFS is in compliance.






If, following such an inspection, the surveyor of ships believes that the ship does not hold a valid Anti-Fouling Certificate (or the other appropriate documentation), or if there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that certificate, then the ship is liable to be detained, until a surveyor of ships is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment

Furthermore, the ship is liable to be detained where there are clear grounds for believing that an offence has been committed as set out in Regulation 14 of the 2008 Regulations.

Renewal and Variation

Permit Duration:N/A
Renewal and Variation:N/A
Cancellation of Certificates:Certificates may be cancelled by the Secretary of State if he has reason to believe that the certificate was issued on false or erroneous information or if the AFS has sustained damage or is otherwise deficient. Certificates which have been cancelled or which have expired must be surrendered to the local MCA.

Snippets

Copper Antifouling Systems under Biocidal Products Directive:

A new legal requirement came into force under the EU Biocidal Products Directive 98/8/EC, prohibiting the supply and use of copper as a biocide when used in liquid-cooling and processing systems.


Copper is used offshore in a number of systems, for example sea water lift, fire water systems, injection systems, ballast systems and engine cooling HVAC cooling. Although this is not an exhaustive list, oil and gas operators should check all systems/vessels/installations using copper anti-fouling systems, or when used as a biocide in liquid-cooling and processing systems.





Legislation

Key Legislation:The UK is party to a number of international conventions and EU Directives that require the provision of atmospheric emission inventories, in particular:

  • EC Decision 93/389/EEC for a monitoring mechanism of Community CO2 and other greenhouse gas emissions - European Pollutant Emissions Register (EPER).

  • EC Directive 2008/1/EC concerning integrated pollution prevention and control, which consolidates EC Directive 96/61 and its amendments.

  • EC Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (EU Emissions Trading Scheme - EU ETS).

  • EC Directive 2016/2284 on the reduction of national emissions of certain atmospheric pollutants, implemented by the National Emission Ceilings Regulations 2018 in England, Wales, Scotland and Northern Ireland.

  • EC Regulation 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register (E-PRTR).

  • EU Regulation 842/2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement.

  • Geneva Convention on Long-Range Transboundary Air Pollution 1979 and its protocols.

  • UN-ECE Protocol on Pollutant Release and Transfer Registers (PRTR).

  • United Nations Framework Convention on Climate Change 1992 (Rio Convention) and its protocols (e.g. Kyoto Protocol).
Supporting Legislation:
Guidance:

  • Clean Air Strategy 2019: This document sets out a new air quality policy through which the government aims to tackle atmospheric emissions from activities such as emissions from small industrial sites and the use of certain products which release air pollutants.

  • Cost Benefit Analysis Tool User Aid: when a PPC permit holder, with Open Cycle Gas Turbine classed as Large Combustion Plant, needs to make a request for derogation from the BAT-Associated Emissions Levels (AEL), this process must involve an assessment to demonstrate the disproportionality of the costs and benefits of complying with the BAT-AEL. OPRED published guidance for the offshore oil and gas industry on the LCP BREF BATc and derogation under Article 15(4) in July 2020. This requires that a cost benefit analysis (CBA) is the basis of the quantitative assessment to be used in requests for derogation, and advised that the CBA tool developed by The Department for Environment, Food & Rural Affairs (DEFRA) and the Environment Agency (EA) should be used.

  • Department for Energy Security & Net Zero Offshore Pollution Prevention and Control (PPC) Guidance. This guidance relates to the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 and is intended for operators who have qualifying combustion plant under these regulations.

  • Environmental reporting guidelines: including Streamlined Energy and Carbon Reporting requirements: Guidance to help companies comply with the Streamlined Energy and Carbon Reporting regulations, including greenhouse gas (GHG) reporting.

  • Guidance on Operator Monitoring Assessment: Environmental Permits - The Environment Agency published guidance on how they assess operators to ensure they are complying with the monitoring requirements their permits.

  • NSTA Stewardship Expectation 11 – Net Zero: This publication gives operators and licensees clarity on expectations and good practices regarding greenhouse gases emissions reduction within the UK continental shelf.

  • Measuring and reporting environmental impacts: guidance for businesses: Guidance for businesses on measuring and reporting their energy use and greenhouse gas emissions to meet Streamlined Energy and Carbon Reporting requirements.

  • Monitoring emissions from some environmental permitting activities - RPS C20: it replaces Monitoring emissions from some environmental permitting activities (RPS C7), which expired on 30 September 2020. Normally all permit holders must comply in full with all the conditions in their permits, including monitoring emissions to air and water and other environmental monitoring. This RPS allows permit holders to make reasonable adjustments to monitoring requirements, but only if you can't comply with your specified monitoring requirements due to COVID-19 restrictions.

  • OEUK: Methane Action Plan 2021. This document highlights the actions the oil & gas industry will take to cut methane emissions on the UK Continental Shelf.

  • OEUK Methane Action Plan Guidelines 2022. This guideline provides a framework for operators to identify, quantify and finally mitigate the methane emissions from their assets. Furthermore, the guidelines provide an overview of the UK regulatory requirements within the context of international regulations and commitments.

  • Offshore Emissions Monitoring Guidance – this guidance was produced for operators that hold a permit under the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 (as amended) (‘PPC Regulations’). It provides guidance on the monitoring plans required for emissions monitoring to comply with the PPC Regulations. The accompanying emissions monitoring plan template is available here, and the letter to industry explaining the process of submitting the monitoring plan is available here.

  • OGA Plan: The OGA Plan was published in 2024 under the OGA Strategy. The OGA Strategy incorporates a range of net zero obligations for the UK oil and gas industry, including a requirement for relevant persons to, in securing that the maximum value of economically recoverable petroleum is recovered, and take appropriate steps to assist the Secretary of State in meeting the net zero target. This includes reducing greenhouse gas emissions from sources such as flaring, power generation and venting, aligning with the NSTA Stewardship Expectation 11 (Net Zero). The OGA Plan outlines the steps to be taken by relevant persons to help achieve the OGA Strategy, where relevant persons refer to holders of petroleum licences; operators under petroleum licences; owners of upstream petroleum infrastructure; persons planning and carrying out the commissioning of upstream petroleum infrastructure; and owners of relevant offshore installations. The OGA Plan includes requirements for relevant persons to reduce emissions via four broad headings: investment and efficiency, platform electrification and low carbon power, inventory and flaring and venting. The OGA Plan requires relevant persons to produce an Emissions Reduction Action Plan (‘ERAP’) for each asset. They also place low carbon requirements for upcoming developments (with first oil and gas 1st January 2030) (e.g. assets to be partly or fully electrified or run on low carbon power).

  • Technical Guidance Note on Monitoring of stack gas emissions from medium combustion plants and specified generators: A guidance for organisations that service and maintain medium combustion plants and other specified generators to monitor stack gas emissions.

  • The Environment Agency recently published several guidance notes relevant to monitoring stack emissions:
European Pollutant Release and Transfer Register
(E-PRTR):

Article 15(3) of the IPPC Directive requires the publication of an EC inventory of principal emissions and their sources. This provides information to the public, and helps authorities to assess the effectiveness of IPPC and identify priority areas.


From 2007 onwards this reporting system has been the European Pollutant Release and Transfer Register (E-PRTR) under Council Regulation 166/2006. As a signatory state to the UNECE PRTR Protocol, the UK is also required to establish a national PRTR (UK-PRTR).


The Department for Energy Security and Net Zerocollects emissions data for input to the UK-PRTR and the E-EPTR through the EEMS Reporting System (see below).


The Department for Energy Security and Net Zero already collects emissions data for offshore oil and gas activities via EEMS. As such, it is not a new E-PRTR sector, but the reporting requirements of EEMS in terms of substances and thresholds will need to be extended to meet those of the E-PRTR Regulation. In this context, Oil & Gas UK commissioned an analysis (which has now been completed) to identify emissions of all E-PRTR pollutants that are relevant from an offshore perspective. The Department for Energy Security and Net Zeroand Oil & Gas UK will evaluate the results of this analysis to agree a way forward regarding compliance by the offshore industry with E-PRTR reporting requirements.


In addition, The Department for Energy Security and Net Zero will continue to work closely with Oil & Gas UK on the intention to use the provisions of existing offshore regulations (e.g. the Offshore IPPC Regulations) for the purposes of enforcing the E-PRTR reporting requirements and imposing penalties for non-compliance.

The Department for Energy Security and Net Zero will need to review and adjust accordingly the annual fees charged to operators for the maintenance of the EEMS database, in order to reflect new developments relating to E-PRTR/UK-PRTR reporting.
EEMS Reporting:

The Environmental Emissions Monitoring System (EEMS) was designed to enable the analysis of offshore (including terminals) oil industry environmental data, providing the offshore industry with an independent source of totalled environmental data on which to base its discussions with the government or within the industry itself. The dataset is accessible to both Government (Department for Energy Security and Net Zero) and industry (Oil & Gas UK) and acts as the primary data storage and reporting resource for both the UK Government and the offshore industry.


EEMS provides the vehicle for offshore oil and gas industry emissions to be incorporated into annual UK inventories of atmospheric emissions that are required under a number of international conventions and EU instruments (see above).


The EEMS reporting system now also includes a number of statutory reporting requirements, in particular reporting requirements under the Offshore Combustions Installations (Prevention and Control of Pollution) Regulations 2001 (as amended) (see Power Generation).
EU Emissions Trading Scheme:In addition to atmospheric reporting through the EEMS system there are also other statutory reporting requirements under the EU Emissions Trading Scheme (see EU ETS for further details).
Energy Savings Opportunity SchemeThe Energy Savings Opportunity Scheme (Amendment) Regulations 2014

  • These Regulations amend Schedules 1, 2 and 4 to the Energy Savings Opportunity Scheme Regulations 2014 to correct drafting errors.
    Section 2.4 has been updated to provide further clarification on vessels supporting the offshore industry;

  • Section 3.3.4 has been updated to introduce an alternative joint venture agreement for compliance of offshore assets;

  • Section 5.3.2. now includes further clarification on independence of lead assessors;

  • Section 7.1 includes amendments to sign-off requirements;

  • Additional compliance checks have been added to Section 9.1;

  • New Notification Questions have been added to Section 11.


Guidance:

  • The Department for Energy Security and Net Zerohave produced an Energy Opportunity Scheme guidance note for the oil and gas industry (available here).

  • Complying with the Energy Savings Opportunity Scheme Guidance - This guidance was produced by the Environment Agency and outlines who is eligible for the Energy Savings Opportunity Scheme and the necessary procedures and processes pertinent to the scheme. It also outlines different means at which organisations can comply with the scheme. Additional guidance from The Department for Energy Security and Net Zero on the scheme is available here.

  • The Department for Energy Security and Net Zero has also produced a report on the effectiveness of the ESOS scheme (available here).

Consent Needed and How to Obtain It

Consent Needed:A number of consents may be needed for atmospheric emissions, in particular EU ETS, Flaring, Venting and Power Generation. See specific topics for consent requirements. The following applies only to reporting requirements under EEMS.
How to Apply:N/A
Who to Apply to:N/A
When to Apply:N/A

Performance Standards

Performance Standards:

N/A

Sampling/Monitoring Requirements

Measurements and Calculations:The methodology involves the application of emission factors to process information which includes:

  • Fuel consumption in process turbines, heaters and engines

  • Flaring and venting volumes

  • Tanker loading volumes

  • Number and type of components (fugitive emission est.)


The EEMS spreadsheets use generic emission factors as developed by Offshore Energies UK. However, platform or vessel specific factors should be used in place of the default factors as per specific PPL and EU ETS consent requirements.

Reporting Requirements

What to Report:An annual report of all atmospheric emissions from the following must be submitted:

  • Production of oil and gas from offshore reservoirs, including loading operations

  • Onshore terminals engaged in processing/storing/loading

  • Exploration, appraisal and development drilling rigs


Emissions from support vessels, tankers on-route, helicopters and seismic vessels are not included, because these emissions are input by other sectors into the UK National Inventory.

ERAP Reporting: 

The NSTA, via Stewardship Expectation 11, outlined that operators should develop, implement and maintain asset and/or infrastructure hubs’ GHG Emission Reduction Action Plans (ERAPs) in order to reduce their GHG emissions and support delivery of the UK’s net zero target. ERAP’s summarise and assess the applicability of available emissions abatement and emissions monitoring opportunities and technologies, and set out planned emissions reduction initiatives. The OGA Plan, published in 2024, provides further guidance in the associated ERAP explanatory note here. Additionally, OEUK have published a guideline that outlines a framework for implementing good practices within an ERAP - Emissions Reduction Action Plan (ERAP) | Offshore Energies UK (OEUK).
How to Report:Atmospheric emissions data should be reported by completing the EEMSATMO form which can be downloaded from the EEMS Website. The EEMS reporting form includes a number of calculations to assist in emission reporting. Additional guidance on how to complete the form and factors used in the calculations can be obtained from the Guidance Notes, also on the EEMS website.

ERAP Reporting:

Operators should produce and maintain their own plans / documents to fulfil the ERAP reporting requirements and have relevant documents available on request from the NSTA. This should include proportionate technical and economic assessments. The reporting requirements differ across various themes (e.g. flaring and venting management plans and electrification assessments), as detailed in the OGA Plan and associated ERAP explanatory note here.
Who to Report to:Completed reports are to be submitted electronically to the EEMS website.

ERAP Reporting:

As above, generally the ERAP reporting requirements must be made available to the NSTA on request. However, some reporting requirements may be incorporated into existing submissions to the NSTA (e.g. reporting of flaring and venting quantities and associated emissions through the Emissions section of the UKSS).
When to Report:Completed EEMS forms must be submitted by 7 February each year. For wells, the completed EEMS form must be submitted one month after completion of drilling.

ERAP Reporting:

ERAP’s must be submitted to the NSTA on request. The documents and plans produced as part of the reporting requirements must be refreshed at least every 2 years, as detailed in the OGA Plan and associated ERAP explanatory note here.

Non Compliance

N/A

Renewal and Variation

N/A

Snippets

The Air Quality Provisional Common FrameworkThis command paper sets out how the UK government and devolved governments propose to work together on policies that aim to reduce harmful emissions and concentrations of air pollutants that can damage human health and the environment. (This includes national emission ceilings and ambient air quality.)
Clean Air Strategy 2019The Clean Air Strategy 2019 outlines ambitions to reduce overall air pollution and make our air healthier to breath, protect nature and boost the economy.
It highlights the importance of effective co-operation with the devolved administrations and sets out actions already underway in Scotland, Wales and Northern Ireland to cut air pollution right across the UK. It is currently under consultation.
Energy White Paper – Powering Our Net Zero FutureThis paper details the Government’s plan to reach net zero targets. Chapter 6 of the paper outlines the steps to decarbonising the oil and gas industry and the governmental support for this.
Greenhouse gas reporting – Conversion factors 2018The Department for Energy Security and Net Zero have released the emission conversion factors required when reporting on 2018 greenhouse gas emissions by UK based organisations of all sizes. Details are available here.
OGA StrategyThe OGA published a new strategy document in December 2020. This predominantly outlines the new net zero commitments and strategies for the oil and gas industry.
The Paris Climate Change Agreement gives companies clear incentive to look closely at how they are positioned for a low carbon future.A deal was struck at UN COP 21 negotiations in December whereby nearly 200 companies agreed to keep the global average temperature to “well below 2C above pre-industrial levels” and to “pursue efforts to limit the increase to 1.5C”. The agreement states emissions should be net zero in the in the second half of the century. Businesses were heavily involved at COP21 showcasing initiatives on issues such as carbon reduction, energy efficiency and deforestation.
Updated Energy and Emissions projections: 2019A report detailing projections of the UK emissions performance against national greenhouse gas targets under existing policies has been released by the Department for Energy Security and Net Zero. It includes projections of the demand for each type of fuel for different sectors of the economy. The report includes projected energy demand for electricity and indicates what mix of generation will meet it (link here).
Transitional National Plan (TNP): quarterly register
The TNP scheme allows large combustion plants (with a thermal rating equal to or greater than 50 megawatts) first licensed before 27 November 2002 to trade their annual allowances for sulphur dioxide, nitrogen oxide and particulate matter (dust) with other large combustion plants within the TNP scheme.





Legislation

Key Legislation:
Supporting Legislation:
Guidance Notes:

  • A new permitting, monitoring, reporting and verification system has been established to replace ETSWAP, known as the Manage Your UK Emissions Trading Scheme Reporting Service (METS).  METS was launched in the August 2023. Further details are available here. The OPRED communication on the migration from ETSWAP to METS is available here.

  • The Department for Energy Security and Net Zero Guidance: Access your UK Kyoto Protocol Registry Account. The Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) is an international climate change treaty which sets out emission reduction obligations for certain countries, including the UK. Under the Kyoto Protocol regime, the UK is required to have a registry to hold and track Kyoto Units. Following the end of the transition period on 31 December 2020, the UK Kyoto Protocol Registry is now part of the UK Emissions Trading Registry.

  • The Department for Energy Security and Net Zero Guidance on Documents required to register for the UK Emissions Trading Registry 

  • Clean Air Strategy 2019 This document sets out a new air quality policy through which the government aims to tackle atmospheric emissions from activities such as emissions from small industrial sites and the use of certain products which release air pollutants.

  • Environment Agency (Greenhouse Gas Emissions) charging scheme 2021 is published guidance of GHG emissions charging scheme which includes all amendments up to and including February 2022.

  • Environment Agency Guidance on UK Emissions Trading Scheme for Installations: how to comply outlines the obligations for UK ETS under the Greenhouse Gas Emissions Trading Scheme Order 2020 and applies to installations with UK ETS greenhouse gas emissions permits

  • Meeting Climate Change Requirements from January 2021 - This guidance outlines how businesses should continue to comply with climate change requirements from 1 January 2021, once the transition (i.e. implementation) period is complete and the UK is no longer a participant in the EU ETS. This guidance note also provides guidance for businesses involved with other similar carbon accounting schemes including Kyoto Protocol National Registry as well as guidance for other regulations related to climate change. Key deadlines for operators in the UK acting under EU ETS include:

    • submit Verified Annual Emissions Report for 2019 emissions - 31 March 2020;

    • surrender equivalent allowances to 2019 verified emissions - 30 April 2020;

    • submit Verified Annual Emissions Report for 2020 emissions - 31 March 2021; and

    • surrender equivalent allowances to 2020 verified emissions - 30 April 2021.



  • Participating in the UK ETS from 1st January 2021

    • From 01 January 2021, the EMAS Competent Body designated by the United Kingdom according to Article 11 of the EMAS Regulation will lose its status. It will not be in the position to carry out the tasks described in the EMAS Regulation. It will therefore be removed from the list of EMAS Competent Bodies on the EU EMAS website and its right to access the EMAS register database will be removed. An application can only be introduced with an EU-27 EMAS Competent Body that is designated by the Member State to provide for and be responsible for the registration of organisations located outside the Community (Article 11(1) of the EMAS Regulation.

    • According to Article 3(2) of the EMAS Regulation, this requires that (i) the organisation’s headquarter or management centre designated for the purpose of the corporate registration, is located in an EU-27 Member State and (ii) the application for corporate registration is made to the Competent Body of that Member State.



  • Regulating Offshore Oil and Gas Installations during the Coronavirus (Covid-19) Outbreak - Offshore site visits by verifiers to meet EU ETS obligations

  • Technical Guidance Note on Monitoring of stack gas emissions from medium combustion plants and specified generators. A guidance for organisations that service and maintain medium combustion plants and other specified generators to monitor stack gas emissions.

  • OGA Stewardship Expectation 11 – Net Zero: This publication gives operators and licensees clarity on expectations and good practices regarding greenhouse gases emissions reduction within the UK continental shelf.

  • UK ETS Authority - prepared the new proposed approach for the UK ETS and this was outlined in a consultation document published in March 2022, with the consultation closing in June 2022. The proposal is available to view here.


Further guidance on the UK Emissions Trading Scheme for offshore installations are available on the following web sites:

CRC Energy Efficiency Order Guidance




Greenhouse gas conversion factors for company reporting 2021: methodology paper for emission factors

  • This report provides the methodological approach, key data sources and the assumptions used to define the emission factors provided in the 2021 Greenhouse Gas (GHG) Conversion Factors.


Climate Change Agreements: eligibility, metering requirements and target setting guidance

  • This guidance provides further explanation of the Climate Change Agreements (CCA) (Eligible Facilities) Regulations 2012, and in particular, when sub-metering must be installed to remain compliant with the CCA scheme. In addition, the guidance also sets out the standardized methodologies that will be used by the Environment Agency, who administer the scheme, to set performance targets for a) new entrants and b) existing participants who experience changes in the energy consumption covered by their agreement. The Climate Change Agreements guidance by the Environment Agency also outlines which operations are eligible for climate change agreements and how these function to reduce energy use and CO2 emissions. Further information is available from the Department for Energy Security and Net Zero (then DECC) website.


DEFRA Environmental Reporting Guidelines: Including mandatory greenhouse gas emissions reporting guidance

  • Guidance by DEFRA is designed to help companies in complying with the greenhouse gas (GHG) reporting regulation, as required by the Climate Change Act 2008. The document also provides guidance on voluntary reporting on a range of environmental matters, including voluntary GHG reporting and through the use of key performance indicators.


Carbon emission factors and calorific values

  • The data and information in the spreadsheets downloadable from the Department for Energy Security and Net Zero (then DECC) website were produced to assist installations in the EU-ETS that use tier 2 and tier 2b emission factors and calorific values for calculating carbon dioxide emissions.


Energy Savings Opportunity Scheme (ESOS)

  • The ESOS is a mandatory energy assessment and energy saving identification scheme for operators (and their corporate groups). The scheme applies to the offshore oil and gas industry operating within UKCS. Department for Energy Security and Net Zero have published guidance notes to assist the offshore oil and gas industry. Further information is available from the Department for Energy Security and Net Zero (then DECC) website (PDF document).


The Environment Agency is the UK scheme administrator for ESOS; a mandatory energy assessment scheme for organisations in the UK that meet the qualification criteria (link here). They have recently published three guidance notes relavant to monitoring stack emissions:




Draft legislation (Corporation Tax); this draft legislation details the new high pressure high temperature (HPHT) cluster area allowance (link here).


Valuation of energy use and greenhouse gas (GHG) emissions


The Department for Energy Security and Net Zero have offered supplementary guidance notes to the HM Treasury Green Book on Appraisal and Evaluation in Central Government; available here (PDF document).

Consent Needed and How to Obtain It

Consent Needed:Any installation with a combustion plant that on its own or in aggregate with any other combustion plant has a rated thermal input exceeding 20 MW (th) is required to be registered under the EU ETS. There are two parts to the EU ETS:a) The requirement to be registered under the scheme and the receipt of a permit (GHG Permit) under the EU ETS;b) Application for an allowance.Any new relevant installation that is not permitted is classed as a new entrant and must apply for allowance under the New Entrants Reserve (NER).Facilities not receiving an allocation under the EU ETS will be required to purchase allowances through the Trading Scheme (see Performance Standards tab).Allowances for existing operators under Phase III have been notified following an extensive data collection and benchmarking exercise. As of 30 June 2011, all other applicants will now need to apply through the New Entrants Reserve (NER) (see How to Apply below).Also see the Performance Standards tab for any requirements under the CRC Energy Efficiency Scheme Order 2010The EU ETS permit also requires submission of a Monitoring and Reporting (M&R) Plan (see Sampling/Monitoring Requirements tab). Applicants must also open an EU ETS UK Registry account to enable trading (see Performance Standards tab).
How to Apply - GHG Permit:Application for a GHG Permit under the EU ETS should be done via the relevant regulator, details available here. Guidance notes are also available here. Information required includes:

  • Installation/facility details (including any tie-backs) and description of activities covered by the permit (i.e. combustion plant with an aggregated thermal rating of > 20 MW (th))

  • Details of fuels used

  • Existing PPC permit details

  • Outline of planned monitoring and reporting measures, confirming arrangements that will be implemented

  • Non-technical summary of installation/facility details.
How to Apply - Allowances:An application for an allocation from the New Entrants Reserve (NER) will also be required. Application is through the Department for Energy Security and Net Zero NER Application Form available on the Department for Energy Security and Net Zero website. Guidance on completion of the NER and calculation of allowances is also available on the Environment Agency website. Installations that entered under Phase I or Phase II will already have new allocations issued under Phase III.There are two phases to NER applications:

  • Phase 1 - before "normal" operations - allocations based on independently verified emissions

  • Phase 2 - after start of "normal" operations - allocations based on average of two months of highest activity in a 90 day period after start of "normal" operations x 12.


(Note: Normal operations is defined as a continuous 90 day period of operating at a minimum of 40% of design capacity.) For existing installations applying for extensions to allowances, see the Renewal and Variation Tab.
Who to Apply to:Completed EU ETS and NER applications will be submitted electronically to both Department for Energy Security and Net Zero Environmental Management Team and DEFRA/Environment Agency by email. Under exceptional circumstances it may be necessary to separately forward hard copies of any supporting documents. Two copies of each document should be submitted. Applications should be emailed to the following email addresses.DEFRA/EA: [email protected] the Department for Energy Security and Net Zero (then DECC): [email protected]
When to Apply:EU ETS registration (GHG Permit) must be in place before operations commence. Applications for allowances under the New Entrants Reserve must only be made after production has commenced, and no later than 12 months after the start of normal operations.

Performance Standards

EU Emissions Trading Scheme - Scope:The EU ETS currently only covers CO2 emissions from power generation and flaring that are of application to the upstream oil and gas industry.
Permit Conditions:The EU ETS Permit includes conditions specifying the activities it covers, the emissions of GHG covered and the permitted emission points. The conditions will also place an obligation on the operator to submit a detailed monitoring and reporting plan confirming the monitoring and reporting arrangements that will be implemented (see Sampling/Monitoring Requirements tab).
UK Registry Account:Each operator will have an account on the UK Registry that enables them to manage their allowances, including transfer and surrender of allowances. The EU ETS works on a "Cap and Trade" basis, with emission caps being set for all installations covered by the scheme. Each installation will then be allocated trading allowances based on the National Allocation Plan (NAP) on 28 February each year. In subsequent years, permitted installations must surrender a number of allocations equal to their emissions from the previous year. Operators must also have their annual emissions externally verified.The EU ETS Registry is an online database that records:

  • Carbon dioxide allowance allocations for installations

  • Annual verified emissions

  • Transaction history of allowance transfers

  • Annual reconciliation of allowances and verified emissions


Application for an EU ETS UK Registry Account must be made online via the Registry Link. Guidance on applying for a Registry Account is also available here.
CRC Energy Efficiency Scheme Order 2010:The CRC Energy Efficiency Scheme Order 2010 requires businesses using more than 6000 MWh of electricity a year to register for the CRC between April and September 2010 and to report and record energy usage. From 2011 the EA will publish an annual league table of the best and worst CRC performers. Poor performers will be penalised whilst top performers will be rewarded. The CRC is an opportunity for large businesses to play their part in reducing dangerous carbon emissions. For businesses the main motivation to cut their energy use will be the bottom line. Businesses cutting energy use stand to benefit from lower energy bills and could be financially rewarded if they perform well in the energy efficiency performance table. Conversely poor ‘green performance’ could be damaging for a business' reputation.Further information is available on the Department for Energy Security and Net Zero and EA Website (see the Guidance section under the Legislation tab). If registered on the CRC Registry, a report on your organisation’s CO2 emissions must be submitted at the end of each reporting year by putting your emissions data into the CRC Registry (see EA Reporting Guidance)

Sampling/Monitoring Requirements

Monitoring and Reporting Plan:One condition of the EU ETS permit is for the operator to submit a Monitoring and Reporting Plan (M&R Plan) to the Department for Energy Security and Net Zero for approval. Monitoring and Reporting Guidance for the Offshore Sector (PDF document) is available on the website. The following need to be monitored/measured under the EU ETS:

  • Fuel consumption

  • Flare volumes


Emissions are to be reported either on the basis of calculations or direct measurement. Measurement of emissions shall use standardised or accepted methods. The M&R Guidance sets tiers for monitoring requirements based on accuracy of the monitoring method. The guidelines require that the highest tier approach shall be used by operators to determine parameters for monitoring and reporting purposes. Only if it is shown to the satisfaction of the Department for Energy Security and Net Zero that the highest tier approach is not technically feasible or will lead to unreasonably high costs, may a next lower tier be used. A new monitoring plan will be required under Phase III. Draft EU Regulations are currently with the European Parliament and Council for approval. Guidance on Phase III monitoring plans (PDF document) was published in on 31st July 2012.
Improvement Plans:In addition, operators must submit an Improvement Plan on an annual basis, to demonstrate how they intend to achieve monitoring and reporting requirements. There are no set requirements for Improvement Plans, as each installation is likely to pose different challenges.Step 1 - Quantify current measurement uncertainty.Step 2 - Identify necessary improvements.Step 3 - Undertake necessary cost and engineering studies.Step 4 - Schedule and implement necessary improvements (including allocation of necessary time and resources).If there are problems with meeting the Improvement Plan, the Department for Energy Security and Net Zero should be contacted as soon as possible to be advised of the delay and amended timetable. Also see the Snippets tab.
Metering Requirements:For large volume users of gaseous fuels (CO2 emissions of > 500,000 tonnes per annum), Tier 4 metering accuracy shall be achieved unless it would not be technically feasible or would lead to unreasonably high costs.  Tier 4 requires that the uncertainty in fuel consumption is less than ±1.5%. For lower volume users of gaseous fuels, Tier 3 should be achieved. Tier 3 requires that fuel consumption is metered with a maximum permissible uncertainty of less than ± 2.5%. Meters should be located in order to remove the need for calculation, e.g. immediately upstream of turbines.Similar metering requirements exist for diesel metering. Flare gas metering (EU ETS) operators will be expected to meet Tier 2 requirements (± 12.5% accuracy). Meters are to be located to ensure accurate measurement and excluding non-reportable activities (e.g. downstream of flare pilot offtake). Flare gas sampling is not required (as agreed by the Department for Energy Security and Net Zero).

Reporting Requirements

What to Report:A number of annual reports are required to be submitted:

  • Annual report on improvements towards the use of the highest tier approach for monitoring of major resources (ETS5/6)

  • Annual emissions report (ETS7)


The annual emissions report (ETS7) shall include:

  • Installation/activity details

  • For each relevant activity for which emissions are calculated data to be provided on emissions factors, oxidation factors, total emissions and uncertainty

  • For each relevant activity for which emissions are measured, data is to be provided on total emissions, reliability of the measurement methods and uncertainty


Permit conditions will also include a requirement to report any breakdown or malfunction of any monitoring or reporting equipment. Annual reports must undergo external verification before submission. Any unused allowances at the end of each year must be surrendered (see Performance Standards tab). Also see Performance Standards for reporting requirements under the CRC Energy Efficiency Scheme Order 2010 (for registered organisations).
How to Report:The annual report on improvements towards the use of the highest tier approach for monitoring of major resources should be undertaken using form ETS5/6 (Excel File). Guidance on completion of ETS5/6 (Excel file) is also available here (Word document). Annual emissions under EU ETS must be reported annually using Commission templates available here (under sub-section Monitoring and Reporting Regulation (MRR) Guidance and Templates). The Department for Energy Security and Net Zero have identified that the ETS7 form does not fully conform to Phase III requirements (discussed here).  Guidance on completion of ETS7 for the offshore oil and gas industry is also available from the Department for Energy Security and Net Zero website. Monitoring and Reporting Guidance for the Offshore Sector (Word document) and Q&A about Phase III (pdf document) are available. Additional guidance is available on the Environment Agency Website.
Who to Report to:Completed forms should be submitted to the Department for Energy Security and Net Zero (LCU OED) by email at [email protected]
When to Report:

  • Annual emissions report (ETS7) to be prepared (end December/January) each year

  • Submission of verified annual emissions report (ETS7) - 31 March each year

  • Surrender allowances (from UK Registry) - 30 April each year

  • Submission of annual monitoring improvements reports (ETS5/6) - 30 June each year

Non Compliance

UK ETS:Guidance on the UK ETS Civil Penalties for non-compliance with the scheme is available here

Operators of installations that do not surrender sufficient allowances to cover their annual emissions will be liable to a penalty.

Renewal and Variation

EU ETS Permit - Variation:Notification must be given to the Department for Energy Security and Net Zero at least 14 days before making a change to the operation that will affect the description of the installation and its GHG emissions. The EU ETS application form (see Consent Needed tab) may be used to apply for a new permit or to apply for a variation to an existing permit.Note that if additional allowance is required, that this will need to be applied for from the New Entrants Reserve (see Consents Needed tab), which is strictly limited. Where no allowance is available, allowances will need to be purchased through the Trading Scheme. The Department for Energy Security and Net Zero advises that, during Phases I and II of the EU ETS, it has received requests to retrospectively approve changes impacting the Greenhouse Gases Emissions Permits at the time of verification of the annual returns. the Department for Energy Security and Net Zero makes it clear that it will not be prepared to issue retrospective approvals following the commencement of Phase III of the EU ETS on 1 January 2013.It warns that this could result in the verifier refusing to approve the annual emissions report, which could lead to a significant cost penalty. As such, permit holders are reminded that they must immediately notify any changes that are relevant to their permit.
Signficant Extensions - allowances under NER:For existing installations with significant extensions applying for allowance under the NER:

  • Considered a significant extension - if:

    • One or more changes increasing capacity by at least 10%, or

    • One or more changes leading to increased allocation >50,000 allowances and >5% of allowances (must satisfy both tests)



  • Capacity increase is calculated as the difference between:

    • Initial capacity = average of highest two months fuel use in 2005-2008 x 12, and

    • New capacity = average of higest two months in first six months of normal operation



  • Cannot apply until after start of normal operations and must apply within 12 months of start of normal operations

  • Capacity reductions must also be declared and will lead to allowance reductions.
EU ETS Permit - Closure of Installation:Installations that have ceased production must notify the Department for Energy Security and Net Zero in order to surrender its permit. Where a temporary period of closure is argued, the Department for Energy Security and Net Zero will consider these on a case-by-case basis. Installations that permanently cease production will retain their allowance for the remainder of the year in which closure occurs and may continue trading. Allocations for following years will not be issued and will be returned to the "pot" for New Entrants and revised permit applications.

Snippets

Amendments to UK greenhouse gas emissions trading scheme & national emissions inventory regulations:

The government response to this public consultation was published in December 2013.


The response document can be downloaded from the UK Government website. (PDF document)
Carbon Reduction Commitment (CRC) performance league:The Environment Agency has published a final Carbon Reduction Commitment (CRC) performance league table. The league table ranks just over 2,000 organisations in order of their energy efficiency performance for the year 2011/2012. The table ranks relative performance of CRC Energy Efficiency Scheme participants against the three weighted metrics: Early Action Metric, Absolute Metric and Growth Metric.
Climate Change - Enforcement and Sanctions Guidance:This consultation explains the Environment Agency's proposed approach to enforce the European Union Emissions Trading System, CRC Energy Efficiency Scheme and Climate Change Agreements, which concludes on the 21st March 2014. Further details are available on the Environment Agency’s website.
Consultation on amendments to UK greenhouse gas emissions trading scheme and national emissions inventory regulations:

This consultation relates to a number of technical amendments to the Greenhouse Gas Emissions Trading Scheme Regulations (ET ETS) SI 2012/3038 which aim to simplify and harmonise EU ETS penalties in the transition to Phase III, improve clarity and reduce the burden for businesses.


Further details are available on the Department for Energy Security and Net Zero website.
DECC EU ETS Phase III & CRC Seminar Wed 26th May 2010:Presentations made by the Department for Energy Security and Net Zero (then DECC) at this seminar include:

In addition, a Q&A fact sheet (PDF document) is provided.
Draft Clean Air Strategy 2018The draft Clean Air Strategy outlines ambitions to reduce overall air pollution and make our air healthier to breath, protect nature and boost the economy. It highlights the importance of effective co-operation with the devolved administrations and sets out actions already underway in Scotland, Wales and Northern Ireland to cut air pollution right across the UK. It is currently under consultation.
Heat, Safety Flaring and Process Emissions under EU ETS Phase III:Heat Benchmarks - applicable to the oil and gas sector if heat could be metered. Some operators included calculated heat in their benchmark data collection to cover steam generation and Waste Heat Recovery (WHR). Safety flaring - definition based on dialogue with OGP appears to allow free allocation for all flaring as non-electricity fuel use. Process emissions - reservoir carbon dioxide may be eligible for free allocation, and the Commission is currently considering this issue.
Improvement Plans:The Department for Energy Security and Net Zero will not allow operators to submit improvement plans that do not demonstrate progress towards meeting the required measurement or reporting tiers under EU ETS. The Department for Energy Security and Net Zero will use enforcement notices and impose deadlines on operators as necessary to ensure compliance. Where operators cannot meet imposed tiers, verifiers will be forced to confirm "non verified" annual reports. Where operators submit "non verified" annual reports, emissions levels will be set based on historical data or maximum levels of uncertainty.
Know your greenhouse gas (GHG): inventory factsheets:

The Department for Energy Security and Net Zero (then DECC) produced a GHG inventory summary factsheet for common gas emissions, which can be downloaded from the Department for Energy Security and Net Zero website.
Meeting Climate Change Requirements from 1 January 2021

The deadlines for submission of Verified Annual Emissions Report for 2019 emissions (31 March 2020) and surrender of equivalent allowances to 2019 verified emissions (20 April 2020) still apply for participating UK operators.
Meeting climate change requirements if there's no Brexit deal

Guidance on how climate change regulations, emissions trading, ecodesign and energy labelling would be affected if the UK leaves the EU with no deal.
The Environment Agency (EU emissions trading) (England) charging scheme 2018The Environment Agency have developed a statutory guidance which sets out the Agency's charges relating to the EU Emissions Trading Scheme.
Transitional National Plan (TNP): quarterly register The TNP scheme allows large combustion plants (with a thermal rating equal to or greater than 50 megawatts) first licensed before 27 November 2002 to trade their annual allowances for sulphur dioxide, nitrogen oxide and particulate matter (dust) with other large combustion plants within the TNP scheme.
UK rallies 12 EU countries behind backloading twin track EU-ETS reform:

In July 2013, Energy and Environment Ministers from 12 EU Member States issued a joint statement calling for MEPs to support the ‘backloading’ proposals due to be voted on in Strasbourg on 3 July 2013, and for the EC to bring forward legislative proposals in delivering structural reform of the EU-ETS by the end of the year. Further details are available on the UK Government's website.
Updated Energy and Emissions projections: 2015A report detailing projections of the UK emissions performance against national greenhouse gas targets under existing policies has been released by DECC. It includes projections of the demand for each type of fuel for different sectors of the economy. The report includes projected energy demand for electricity and indicates what mix of generation will meet it (link here).
UK Emissions Trading Scheme (ETS)This guidance outlines the UK ETS and explains the supply of allowances in the UK ETS in the early years of the scheme. It sets out background information on the functioning of the auctions and secondary market, free allocation, and the market stability mechanisms that the ETS Authority has in place to support smooth market operation. It also signals that the UK ETS Authority will monitor the market closely as it develops and will actively consider at the earliest opportunity actions to support smooth market operation.





Legislation

Key Legislation
Supporting legislation
Guidance Notes

  • Clean Air Strategy 2019: This document sets out a new air quality policy through which the government aims to tackle atmospheric emissions from activities such as emissions from small industrial sites and the use of certain products which release air pollutants.

  • Industrial emissions standards (‘best available techniques’) if there’s no Brexit deal: this notice sets out how the Industrial Emissions Best Available Technique (BAT) regime would be affected if the UK leaves the EU in March 2019 without a deal.

  • NSTA Stewardship Expectation 11 – Net Zero: This publication gives operators and licensees clarity on expectations and good practices regarding greenhouse gases emissions reduction within the UK continental shelf.

  • OEUK: Methane Action Plan 2021. This document highlights the actions the oil & gas industry will take to cut methane emissions on the UK Continental Shelf.

  • OEUK: offshore Flare Systems - Identified Issues and Associated Good Practice: This guidance was produced by OEUK in June 2021. The document highlights good practice in flaring activities for the prevention of a major incident involving flare systems. Its aim is to address safe practices in flaring activities.

  • OEUK: Offshore Flare and Vent Systems – Identified Issues and Associated Good Practice, Issue 2: OEUK published new guidance on the design, operation and maintenance of offshore flare vent systems. This guidance is a vital resource for operators to minimise hazards, ensure compliance and manage risks.

  • OEUK: Emissions Reduction Action Plan (ERAP) guidance: OEUK published the Emissions Reduction Action Plan (ERAP) guidance in July 2024, available here.

  • Technical Guidance Note on Monitoring of stack gas emissions from medium combustion plants and specified generators: this guidance is for organisations that service and maintain medium combustion plants and other specified generators to monitor stack gas emissions.

  • North Sea Transition Authority (NTSA) is responsible for flaring consents.  The NTSA has just issued guidance on the review of flare and vent applications during commissioning and production operations, available here, with specific guidance listed below. For UK ETS Guidance see UK ETS.


  • OGA Plan: The OGA Plan was published in 2024 under the OGA Strategy. The OGA Strategy incorporates a range of net zero obligations for the UK oil and gas industry, including a requirement for relevant persons to, in securing that the maximum value of economically recoverable petroleum is recovered, and take appropriate steps to assist the Secretary of State in meeting the net zero target. This includes reducing greenhouse gas emissions from sources such as flaring, power generation and venting, aligning with the NSTA Stewardship Expectation 11 (Net Zero). The OGA Plan outlines the steps to be taken by relevant persons to help achieve the OGA Strategy, where relevant persons refer to holders of petroleum licences; operators under petroleum licences; owners of upstream petroleum infrastructure; persons planning and carrying out the commissioning of upstream petroleum infrastructure; and owners of relevant offshore installations. The OGA Plan includes requirements for relevant persons to reduce emissions via four broad headings: investment and efficiency, platform electrification and low carbon power, inventory and flaring and venting. The OGA Plan requires relevant persons to produce an Emissions Reduction Action Plan (‘ERAP’) for each asset. They also place low carbon requirements for upcoming developments (with first oil and gas 1st January 2030) (e.g. assets to be partly or fully electrified or run on low carbon power).

Consent Needed and How to Obtain It

Consent Needed:Consent to Flare  Where a field is flaring > 40 tonnes per day the flare level will be reviewed and a flare consent issued annually. These applications will be subject to detailed review by BEIS and operators must exercise a high level of technical and operational dilligence in estimating quantities. This level of flaring is considered to represent a potential opportunity for further reduction in levels. These applications will need full supporting details with medium and long term plans for flare reduction. Where a field is flaring < 40 tonnes per day, a longer term flare consent may be applied for or issued (see Renewal and Variation tab). Less detailed (minimum) information may be provided on the application form for these flaring levels. See the Performance Standards tab for options on multiple fields producing across the same facility. Note that at the field start-up a series of consents may be issued for short periods (usually for 28 days or a calendar month) to allow BEIS closer control over the operation. As the commissioning programme progresses, BEIS may issue consents for longer periods as greater plant stability is achieved.EU Emissions Trading Scheme.
How to Apply

Consent to Flare


For a new flare consent, contact should be made in the first instance with the appropriate Consents Unit within BEIS (see below) approximately 3-4 months before start-up. This will kick off a series of meetings and a request for background information (see below). Formal written application for the first flare consent should be made approximately 2 weeks prior to first oil. The consent will not be issued until the first oil date is confirmed.

The NSTA Guidance Notes for the Completion of Flare and Vent Applications provide further information.

Information that will be required during initial discussions with NSTA for a first flare consent application will include the following:

  • A description of gas plant and flare equipment to be commissioned.

  • A description of how the wells will be brought on stream.

  • A detailed description of the plant start-up procedures and philosophy; the procedure for filling the gas export line should also be described.

  • The commissioning schedule.

  • Flaring calculations – to include flaring on a daily basis and total quantities. This should also show the target design flare levels for stable conditions once commissioning is complete.

  • Sketches and figures should also be supplied for:

    • Overall commissioning programme

    • Fuel gas system

    • Gas dehydration system



    • Gas compression system

    • Gas export system and pipeline

    • Onshore facilities




Initial consent application in the form of a letter, should include the following as a minimum:

  • Flare level for consent being applied for (usually for a 28 day period)

  • Justification of how this figure has been arrived at, including GOR rates, etc.

  • Description of the work being carried out during the 28 day period


For an annual flare consent application (see Renewal and Variation tab for more information), information required includes

  • A summary of the main points of the application.

  • A summary of the main flaring assumptions, including any flare reduction projects planned through the year

  • Flaring calculations – to include flaring on a monthly basis and total quantities.


EU Emissions Trading Scheme
Who to Apply toFlare Consent  Applications to be submitted via the UK Oil PortalEU Emissions Trading Scheme  
When to ApplyFlare Consent  First discussions with NSTA should be held at least 3-4 months before “first oil”.  However, it is advised by NSTA that the operator is in contact at all stages, from design through construction to commissioning planning and demonstrate that all reasonable steps have been taken to keep flaring to a minimum. Application for a first consent should be made at least 2 weeks before “first oil”. Consent will not be issued until the “first oil” date is confirmed.

Performance Standards

Limits placed on flare volumes:Consent will specify the flare volume that must not be exceeded over a specified time. If there is any possibility that the consented rate for the period may be exceeded, the operator must contact BEIS immediately to discuss the difficulties encountered and if appropriate arrange for a revision of the consent.

BEIS has an objective to reduce non-safety related flaring by 5% per year (see Snippets tab). Reductions in flaring are achieved through close cooperation between BEIS, NSTA and the operators, rather than prescriptive limits.
Flare Source Categories:NSTA has provided definitions for three categories of flare sources:

Category 1: Base Load Flare - this includes all the gas used for safe and efficient operation of the process facility and flare system under normal operating conditions.
Category 2: Flaring from Operational or Mode Changes - this includes gas flaring resulting from the start up and planned shut down of equipment during production amongst others.
Category 3: Emergency Shutdown/Process Trip - this includes any gas flared during an emergency.
Category 4: Unignited Vents - note this would fall under the Vent Consent not the Flare Consent
Note: Cold flaring is considered a venting activity and should not be included in flaring reports or against a flaring consent.
Multiple Field Tie-ins to Single Facility:Where several fields tie-in to common facilities, flare is < 40 tonnes per day and the fields have the same operator and licensees, the operator may apply for a single composite consent and the level of flaring permitted in this consent will be based on the sum of the individual field contributions to the total flare level. Where the fields have different operators and licensees, usually separate consents will continue to be issued. However, if all parties agree to apply for a single flare consent covering all the fields going into the facilities and the total flare level is < 40 tonnes per day then a combined 3-year flare consent will be considered.
EU Emissions Trading Scheme:See EU ETS Topic for EU ETS performance standards.

Sampling/Monitoring Requirements

Flare volumes and performance of gas compression plant:

  • Daily flare and cumulative flare volumes.

  • Downtime/uptime of gas plant.


Note: Cold flaring is considered a venting activity and should not be included in flaring reports or against a flaring consent.
Accuracy of Measurement and Reporting:Reporting must be in mass units (water dry metric tonnes). There are a number of methods to quantify gas volume flared and likewise a number of methods to convert this to a mass basis. Flare quantification is in accordance with the requirements for flaring associated with the EU-ETS Phase II. Operators should ensure that the methodology they have in place meets or exceeds the necessary levels of accuracy .
EU Emissions Trading Scheme:See EU ETS Topic for EU ETS monitoring and sampling requirements.

Reporting Requirements

What to Report:There are two types of reporting required for flaring. The first is statutory reporting to DECC the second is voluntary reporting of environmental emissions due to flaring which is used by Oil & Gas UK to report industry performance.

Flare Consent : the following shall be sent to DECC for the previous reporting period (as specified in the Flare Consent).

  • Short technical summary of performance of gas handling plant, highlighting any features which have affected or could affect the operation of the plant.

  • Rates in respect to oil production, gas production, gas export, gas used for fuel and gas flare.

  • Cumulative average for production and flare.

  • Calculations of gas compression plant efficiency.


Some consents may include the provision that specific monthly flare reporting is not needed and that flare volumes are reported in the routine field reporting into DECC Petroleum Production Reporting System (PPRS). In this case, specific flare reporting would be by exception only if flaring is out of consent.

ERAP Reporting:

The NSTA, via Stewardship Expectation 11, outlined that operators should develop, implement and maintain asset and/or infrastructure hubs’ GHG Emission Reduction Action Plans (ERAPs) in order to reduce their GHG emissions and support delivery of the UK’s net zero target. ERAP’s summarise and assess the applicability of available emissions abatement and emissions monitoring opportunities and technologies, and set out planned emissions reduction initiatives. The OGA Plan, published in 2024, provides further guidance in the associated ERAP explanatory note here. Additionally, OEUK have published a guideline that outlines a framework for implementing good practices within an ERAP - Emissions Reduction Action Plan (ERAP) | Offshore Energies UK (OEUK).

EEMS Reporting  

Complete relevant parts of applicable atmospheric emissions inventory EEMS pro forma that can be downloaded from the EEMS Website. Guidance notes are also available from the EEMS site.
How to Report:ERAP Reporting:

Operators should produce and maintain their own plans / documents to fulfil the ERAP reporting requirements and have relevant documents available on request from the NSTA. This should include proportionate technical and economic assessments. The reporting requirements differ across various themes (e.g. flaring and venting management plans and electrification assessments), as detailed in the OGA Plan and associated ERAP explanatory note here.
Who to Report to:Flare Consent  DECC’s Petroleum Production Reporting according to terms of consent.

EEMS Reporting  Completed reports should be submitted electronically via the EEMS website.

ERAP Reporting:

As above, generally the ERAP reporting requirements must be made available to the NSTA on request. However, some reporting requirements may be incorporated into existing submissions to the NSTA (e.g. reporting of flaring and venting quantities and associated emissions through the Emissions section of the UKSS).
When to Report:Statutory information  Frequency of reporting will be established through consent (e.g. weekly or monthly). It varies widely according to stage of field production and between fields and operators. For fields on long-term flare consents there will be no need for end of year flare reporting.

EEMS Reporting:  

Annually by 7 February.

ERAP Reporting:

ERAP’s must be submitted to the NSTA on request. The documents and plans produced as part of the reporting requirements must be refreshed at least every 2 years, as detailed in the OGA Plan and associated ERAP explanatory note here.

Non Compliance

What to do if in breach of consent:If there is a possibility of exceeding the flare consent value, contact should be made with DECC to discuss the problems, and if appropriate arrange for a revised consent. It is unlawful to flare gas without a current consent and in extreme cases this could lead to withdrawal of the licence. Non-compliances should be reported through the routine flare consent reporting or, if there is no specific routine flare reporting, then breach of exemption conditions should be reported at month end as they occur. Early phone contact with DECC is recommended before consent limits are exceeded.
EU ETS:See EU ETS Topic
OPPC Regulations:A permit is no longer required for potential flare drop-out. However, if flare drop out does occur resulting in an oil sheen at sea, a PON1 report must be submitted.
Offshore Inspection:The DECC Environmental Inspectorate Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

Duration of Consent:Applications can be made for flare consents covering the remaining duration of Phase 2 of the EU-ETS (the period 1 January 2010 – 31 December 2012) or on an annual basis, depending upon the total daily hydrocarbon flare level from a field or a grouping of fields going through an installation(s). Long term flare consents will not be permitted for any field or grouping of fields going through an installation(s) that seek permission to flare at rates in excess of 40 tonnes a day. If a field is flaring less than 40 tonnes of hydrocarbon gas a day, and if, for the period 2010 to 2012 the flare application does not request any increase in the levels permitted in the extant flare consent, licensees can apply for a three year flare consent. If this application is approved by the Department, a long term consent will be issued, subject to a number of conditions (see DECC Guidance on the Completion of Flare and Vent Applications)
When to renew consent/exemption:Commissioning phases - re-application should be made approximately 2 weeks before the next consent period. Annual ongoing flare consents. DECC will invite applications for renewal in September each year, with annual consents being issued in December for the following year. DECC Guidance on the Completion of Flare and Vent Applications is available on the DECC website.
EU ETS Permit - Variation:See EU ETS Topic
EU ETS Permit - Closure of Installation:See EU ETS Topic

Snippets

Cold FlaringThis is considered to be a venting activity, and controlled under the venting consent. It should not be reported as flaring or counted against the flaring consent.
Draft Clean Air Strategy 2018The Draft Clean Air Strategy 2018 outlines ambitions to reduce overall air pollution and make our air healthier to breath, protect nature and boost the economy.
It highlights the importance of effective co-operation with the devolved administrations and sets out actions already underway in Scotland, Wales and Northern Ireland to cut air pollution right across the UK. It is currently under consultation.
Flare Consent Levels:DECC has an objective to reduce non-safety related flaring by 5% per year. It has been left to individual Field Teams to decide how to meet that objective. The Southern North Sea Field Team (London based staff of LCU-LED) have decided to meet the objective by an across the board reduction in flare consents. The Aberdeen based staff have decided to take a different approach and are assessing proposals on a case-by-case basis to achieve the same overall reduction.
Transitional National Plan (TNP): quarterly registerThe TNP scheme allows large combustion plants (with a thermal rating equal to or greater than 50 megawatts) first licensed before 27 November 2002 to trade their annual allowances for sulphur dioxide, nitrogen oxide and particulate matter (dust) with other large combustion plants within the TNP scheme.
Updated Energy and Emissions projections: 2015A report detailing projections of the UK emissions performance against national greenhouse gas targets under existing policies has been released by DECC. It includes projections of the demand for each type of fuel for different sectors of the economy. The report includes projected energy demand for electricity and indicates what mix of generation will meet it (link here).
Update on NSTA approach to licence amendments (July 2021)The NSTA has announced that they will now make licence amendments in the same way as was done pre-COVID.





Legislation

Key Legislation:
Supporting Legislation/Other Trading Schemes:

 
Guidance Notes:

General Guidance

Consent Needed and How to Obtain It

Consent Needed:PPC Regulations  No offshore combustion installation* can be operated except in accordance with a permit issued under the PPC Regulations. A permit is required for any combustion installation (gas turbines, diesels, direct drive compressors, heaters, etc.) located on an offshore oil or gas platform, or other producing facility, where an item of combustion plant on its own, or together with any other combustion plant installed on a platform, has a rated thermal input exceeding 50 MW (th). This 50 MW (th) threshold applies to all operational combustion equipment.*'Combustion Installation' refers to the total combustion plant on a platform or group of co-located platforms and is distinct from the offshore installation itself. There are a number of exclusions including for example shuttle tankers and mobile drilling rigs. A 'substantial change' means 'in relation to combustion installations, a change in operation which may have significant negative effects on human beings or the environment'. (See Renewal and Variation Tab for details on the process of determining substantial change). MARPOL Annex VIA UK Air Pollution Certificate (UKAPP) or International Air Pollution Certificate (IAPP).EU Emissions Trading Scheme See EU ETS Topic.
How to Apply:PPC Regulations  Permit application shall be in writing and shall contain a description of the following:

  • A description of the installation, its activities and its location

  • The materials, substances and energy used in or generated by the installation

  • The sources of emissions (release routes) from the installation

  • The nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment

  • The proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation

  • Where necessary, measures for the prevention and recovery of waste generated by the installation

  • Measures planned to monitor emissions into the environment.


Information on new combustion installation(s) in new developments may be included in an Environmental Statement (ES), or otherwise attached to it by a reference in the main ES document. An application for a permit has to be made separately but a copy of the ES then need only accompany it with the covering letter indicating where the required information can be found.

The permit is based on a mass emissions approach for each of the main pollutants. As oil/gas production declines over field life, emissions will not be constant. It is envisaged that during the study phase, the operator will prepare yearly predictions of each emissions and these will form the basis for negotiation of the overall permit mass emissions (tonnes) for each pollutant. A pro forma of a typical permit application is given in Annex 1 to the Department for Energy Security and Net Zero (then DECC) Guidance Notes (PDF document).

MARPOL Annex VI

MODU or others registered as a ship will be inspected by the MCA.

Fixed installations will be insepcted by the Department for Energy Security and Net Zero.

 
Who to Apply to:PPC Permit  All applications for a permit should be sent to the Environmental Management Team at: the Department for Energy Security and Net ZeroEDU Licensing and Consent Unit (LCU-OED)
Atholl House
86/88 Guild Street
Aberdeen
AB11 6ARMARPOL Annex VI
When to Apply:PPC Permit  Any new installation or existing installation undergoing a substantial change will need a permit in place before operations or modifications commence. Applications should be submitted 6 months before start up of the new combustion plant.MARPOL Annex VI For new rigs/installations - survey and certification before first sail out.For existing rigs/installations - inspections and certification will be undertaken at time of next inspection.EU Emissions Trading Scheme

Performance Standards

Exclusions/Exemptions to MARPOL Annex VI:Annex VI only applies to diesel engines over 130 KW and does not apply to turbines. Emissions arising directly from the exploration, exploitation and associated offshore processing of seabed mineral resources are exempt from Annex VI, including the following:

  • Emissions resulting from flaring, burning of cuttings, muds, well clean-up Emissions and well testing.

  • Release of gases entrained in drilling fluids and cuttings.

  • Emissions from treatment, handling and storage of reservoir hydrocarbons.

  • Emissions from diesel engines solely dedicated to the exploitation of seabed mineral resources.


In addition, Regulation 13 concerning NOx does not apply to emergency diesel engines, engines installed in lifeboats or equipment intended to be used solely in case of emergency.
PPC Permit Conditions:

Any PPC Permit granted by the Secretary of State will have conditions relating to the following (amongst others) in place:




  • Required pollution prevention measures in particular through the application of Best Available Technology (BAT)

  • Requirement that the production of non-gaseous waste is avoided where possible by using clean technologies or using waste minimisation/waste recovery technologies

  • Energy is used efficiently

  • Necessary measures are taken to prevent accidents and limit their consequences in relation to the environment

  • Necessary measures are taken to ensure any liquid or solid wastes are recovered for onshore recycling or disposal or offshore disposal in accordance with any other relevant legislation

  • Necessary measures are taken upon cessation of activities to avoid any pollution risk and to decommission and remove the combustion installation

  • Emission controls are in place in the form of emission value limits or equivalent parameters or technical measures or a combination of the two

  • Monitoring and measurement requirements to enable verification of compliance with the permit

  • Provisions on the minimisation of long-distance and transboundary pollution

  • Measures relating to conditions other than normal operating conditions, e.g. process upsets and start-ups


If the application includes a plan to reduce pollution from the combustion installation, then the Secretary of State may allow the condition to achieve energy efficiency to lapse but only for six months starting with the date the permit is issued.


The Department for Energy Security and Net Zero's preferred approach is to consider the direct mass emissions of combustion pollutants from the entire platform or floater, rather than emissions quantified in terms of mass emissions per unit volume of exhaust gas from each item of combustion plant. In an offshore context, it is considered that this will enable Operators to devote more resources to emissions from the bigger sources (e.g. main power generation turbines), which dominate the releases offshore.
PPC - Energy Assessments:The requirement to undertake an energy assessment is a condition of most offshore PPC permits. The energy assessment should incorporate three main elements:

  • Independent review of emissions of Greenhouse Gases (GHG) and other atmospheric pollutants and investigation and quantification of any potential opportunities to reduce emissions

  • Independent review of the energy usage on an asset, and investigation and quantification of any potential opportunities to avoid energy wastage

  • Demonstration to the Department for Energy Security and Net Zero's satisfaction that the whole plant is being operated in the most energy efficient manner that is financially viable.


Guidance is now available on the methodology for undertaking an energy assessment (see the Guidance section under the Legislation tab)
EU Emissions Trading Scheme:See EU ETS Topic for EU ETS performance standards.
MARPOL Annex VI - Diesel Sampling:Regulation 18 of Annex VI requires that every delivery of diesel be recorded on a bunker delivery note and that a sample of each delivery to be taken and retained for 12 months. However, the MCA has taken a pragmatic approach and will not require the full MARPOL procedure to be applied for the delivery of fuel to an installation. The MCA would like to see a common industry procedure developed and has been in discussion with the Chamber of Shipping on this. Oil & Gas UK is involved in these discussions. Diesel must only be supplied by a registered Fuel Oil Supplier. For the list of registered suppliers see the MCA website.
Marine Fuel Oil Suppliers:MARPOL Annex VI came into force internationally on 18 May 2005. To implement Regulation 18 in the UK, local marine fuel oil suppliers must provide bunker delivery notes to vessels over 400 GRT and be on a UK register of local suppliers.
NOx Emission Limits for Marine Diesel Engines:The MCA has issued a Marine Guidance Note (MGN 142) that establishes NOx emission limits for marine diesel engines with more than 130 kW power output, which are installed in ships, vessels or offshore installations constructed after 1 January 2000. The same limits will also be applied to marine diesel engines with more than 130 kW power output which undergo a major conversion where the maximum continuous rating of an engine is increased by more than 10%.  MGN 142 (PDF Document) also provides guidance for testing, survey and certification and for demonstrating compliance of such engines. These are now known as Tier I limits.Revised Annex VI requirements sets a 20% reduction over current NOx (Tier 1) standards for ships constructed on or after 1 January 2011, and these are to be known as Tier II limits. Ships constructed on or after 1 January 2016 operating on a NOX emission control area, a further 80% reduction will apply (Tier III limits). The more stringent Tier III standards are expected to be met through developing technologies such as water induction into the combustion process, exhaust gas recirculation and selective catalytic reduction. The new three tier approach and specific emission limits are summarised in MIN 395. NOX limits for existing marine diesel engines are also described.
Revised Annex VI - SOX and Particulate Matter Emissions:The current global cap of 4.5% sulphur content will be reduced to 3.5% from 1 January 2012 and further reduced to 0.5% from 1 January 2020 (however, this will be subject to a review on availability of suitable fuel to be completed no later than 2018).With regard to SOX emission control areas the current cap of 1.5% sulphur content has been reduced to 1.00% from 1 July 2010 and 0.1% from 1 January 2015. From 1 January 2008 the sulphur content of marine gas oil must not exceed 0.1%. For further information reference can be made to the Marine Information Notice (MIN 317) - The Sulphur Content of Gas Oil and Marine Gas as per Council Directive 199/32/EC (PDF Document). Note - marine diesel is excluded from this requirement.
Public Participation Directive:The Public Participation Directive (PPD) requires a number of aspects of public notification and consultation, and the Offshore Combustion Regulations have been amended to incorporate these:

  1. An outline of main alternatives (if any) should be included in permit applications.

  2. The public should be notified and made aware of any decisions making available relevant consents and permits with the reasons and considerations on which decisions have been based.

  3. Public notification must be at the earliest possible time where the information can be provided on the nature of possible decisions.

  4. Making available within time-frames the necessary reports, advice issued to the regulator in accordance with legislation when applications were made and information relevant to a decision which only became available after advertisement of an application.

Sampling/Monitoring Requirements

PPC Permit Monitoring Requirements:Where possible, direct measurements should be taken for emission reporting or generation of machine specific factors for emission calculations. Although there are inherent inaccuracies in the measurement of emissions in an exhaust stack, it is considered by BEIS to be an acceptable method of determining the emissions from a machine.Pollutant gases and the thermal efficiency of the plant have to be monitored and reported. The main pollutant gases that will need monitoring are:

  1. Oxides of nitrogen and other nitrogen compounds.

  2. Sulphur dioxide and other sulphur compounds.

  3. Carbon monoxide.

  4. Unburned Hydrocarbons - UHC*.


(* In practice, it is expected that only UHC as an overall 'total hydrocarbons' will be measured/monitored, rather than each individual hydrocarbon gas, although an indication of the ratio between methane and other hydrocarbon gases should be estimated).  BEIS published The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 - Offshore Emissions Monitoring Guidance in 2016 (PDF document.

In order to establish an emissions baseline, direct measurement of combustion plant exhausts must be carried out. Priority should be given to monitoring of the principal emitters, i.e. the gas turbines. Monitoring of any remaining combustion plant, which has not been included in the first phase, should be conducted thereafter.

Predictive Emissions Monitoring Systems (PEMS) are considered an acceptable means of monitoring emissions from turbine exhausts as well as offering machine management benefits. However, direct measurements must be carried out initially to verify the emissions estimate from the PEMS.

More information on measurement and monitoring requirements can be obtained from Offshore PPC (Combustion Plant) Monitoring Guide (PDF document), in particular information on frequency of measurements required.

The monitoring programme must be agreed with DECC before commencing the programme, and the initial survey must be completed within twelve months of first permit issue or first oil and gas. Monitoring reports must be submitted directly to DECC at [email protected] within 3 months of completion of each survey or by any other deadline given in the PPC permit. The frequency and scope of ongoing monitoring surveys will be reviewed following an assessment of the results of each survey.

BEIS has revised and updated the Offshore PPC (Combustion Plant) Monitoring Guide (PDF document), to provide clearer guidance to operators on what constitutes ‘Best Practice’ with respect to offshore emissions monitoring. The principle objective was to detail the minimum requirements for valid initial baseline measurements, and to outline how these can be achieved.
EU Emissions Trading Scheme:See the EU ETS Topic for EU ETS monitoring and sampling requirements.

Reporting Requirements

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Non Compliance

PPC Non-Compliance:Any non-compliance with PPC permit conditions, issued under the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013, as amended, should be reported to OPRED through the submission of a PPC NCN on the Integrated Reporting Service (IRS) on the UK Energy Portal. If the IRS system is unavailable, a PPC non-compliance notification form should be sent to OPRED. Examples of non-compliance may include, but are not limited to:

  • Exceeding total annual emissions of polluting substances from combustion equipment authorised under the permit

  • Failure to carry out and/or submit monitoring programme survey and findings, independent energy audits, cost benefit analysis or improvement programmes if requested by the Department.
Offshore Inspection:The Department for Energy Security and Net Zero (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.
Enforcement Notice - PPC Permits:This regulation empowers the Secretary of State to issue a notice - known as an 'enforcement notice' - where he is of the opinion that an operator has contravened or is contravening any condition of his permit. The Secretary of State will do this by issuing a notice which will state what the contravention is, what measures must be taken to remedy or prevent the contravention and the time scale in which these measures must be taken. Such measures can include the steps to be taken to remedy any pollution caused.
Prohibition Notice - PPC Permits:This regulation empowers the Secretary of State to issue a notice - known as a 'prohibition notice' - where he is of the opinion that the operation of combustion plant. Such a notice can cover any aspect of the operation of a combustion installation - not just the conditions in an existing permit. A prohibition notice will state the Secretary of State's opinion, specify the risk involved, specify the steps to be taken to remove the risk and the timescale in which they must be done, and direct that an existing permit shall be withdrawn wholly or to the extent specified in the notice until the notice is withdrawn. The Secretary of State may withdraw a prohibition notice if he satisfied that the steps specified in it have been taken.
EU ETS:See EU ETS Topic.

Renewal and Variation

PPC Permits - Renewal:The PPC Permit shall be subject to formal review every 5 years. The Department for Energy Security and Net Zero will contact the installation operator at least 3 months prior to review to confirm the arrangements for it. The operator will need to provide to the Department for Energy Security and Net Zero any information that is reasonably necessary to undertake a review. If the results of the review indicate that the atmospheric emissions and/or combustion plant efficiency estimates are at variance with the existing permit, the operator will be required to submit revised estimates to the Department for Energy Security and Net Zero to support an application for a permit variation.
PPC Permits - Evaluation of Substantial Change:It is suggested that applicants prepare a PPC application detailing before and after emission profiles, and use this, together with an examination for significant environmental impact, as the basis for discussion with the Department for Energy Security and Net Zero. The Department for Energy Security and Net Zero will enter into dialogue with the applicant and will give its decision as to whether the change is considered "substantial". If substantial change is deemed likely to occur, then the initial study work can be used as input to a formal IPPC application.Any queries regarding 'Substantial Change Assessment' should be directed at the appropriate Environmental Manager within the Department for Energy Security and Net Zero Team. The Department for Energy Security and Net Zero EIA Guidance (PDF document) details the following as a guide for evaluating substantial change.

  • If there is an increase between 40,000 - 100,000 tonnes of CO2 at the host installation then this may constitute substantial change under the PPC Regulations. An application to vary the PPC permit will be required.

  • If as a result of the propopsed activity there is an increase of >100,000 tonnes CO2, a new PPC application would be required.
PPC Permits - Variation:If in the course of field production, unforeseen circumstances mean that the original permitted tonnage values of emissions are likely to show a marked increase, then either a variation to the terms and conditions of a permit can be sought, or an application for a revised permit will need to be made. Additionally, The Department for Energy Security and Net Zero should be advised of marked change to the fuel composition or overall fuel mix.
PPC Permits - Operational Down-sizing:It is recognised that space on offshore facilities is at a premium, and that combustion installations may be removed or rendered inoperable when oil/gas throughput has fallen from original plateau levels. If this results in the facility falling to the overall 50 MW(th) level or less, then there will no longer be a requirement for a permit under the Regulations, and the permit should be surrendered in this situation. The Department for Energy Security and Net Zero will require evidence that plant rendered “inoperable” is physically disconnected to ensure it is indeed inoperable.
EU ETS Permit - Variation:See EU ETS Topic.
EU ETS Permit - Closure of Installation:See EU ETS Topic.

Snippets

Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC:Energy efficiency is a valuable means to address the EU’s increased energy import dependency and scarce energy resources. It improves the EU’s security of supply by reducing primary energy consumption and decreasing energy imports.

Further details are available from the Official Journal of the EU.
Draft Clean Air Strategy 2018The Draft Clean Air Strategy 2018 outlines ambitions to reduce overall air pollution and make our air healthier to breathe, protect nature and boost the economy. It highlights the importance of effective co-operation with the devolved administrations and sets out actions already underway in Scotland, Wales and Northern Ireland to cut air pollution right across the UK. It is currently under consultation.
Improving air quality: reducing emissions from medium combustion plants and generatorsSummary of responses and government response now available here.
MIN 519 (M+F) MARPOL – Amendments to MARPOL Annex VI – Chapter 3The purpose of this Note is to inform the industry of the amendments to Chapter 3 in Annex VI of the International Convention on the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78). The amendment is regarding the control of emissions from ships, particularly Nitrogen Oxides (NOx). Non identical replacement marine diesel engines must meet the standards in this regulation although exceptions apply. The regulations entered into force internationally on 1st September 2015. The note is accessible here.
Updated Energy and Emissions projections: 2015A report detailing projections of the UK emissions performance against national greenhouse gas targets under existing policies has been released by the Department for Energy Security and Net Zero. It includes projections of the demand for each type of fuel for different sectors of the economy. The report includes projected energy demand for electricity and indicates what mix of generation will meet it (link here).
Transitional National Plan (TNP): quarterly registerThe TNP scheme allows large combustion plants (with a thermal rating equal to or greater than 50 megawatts) first licensed before 27 November 2002 to trade their annual allowances for sulphur dioxide, nitrogen oxide and particulate matter (dust) with other large combustion plants within the TNP scheme.





Legislation

Key Legislation:
Supporting Legislation:
Emission Trading Schemes:
Guidance Notes:

  • Clean Air Strategy 2019: This document sets out a new air quality policy through which the government aims to tackle atmospheric emissions from activities such as emissions from small industrial sites and the use of certain products which release air pollutants

  • Technical Guidance Note on Monitoring of stack gas emissions from medium combustion plants and specified generators: A guidance for organisations that service and maintain medium combustion plants and other specified generators to monitor stack gas emissions.

  • North Sea Transition Authority is responsible for venting consent. They have issued guidance on the review of flare and vent applications during commissioning and production operations, available here. Specific guidance is also listed below.


  • NSTA Stewardship Expectation 11 – Net Zero: This publication gives operators and licensees clarity on expectations and good practices regarding greenhouse gases emissions reduction within the UK continental shelf.

  • OEUK Emissions Reduction Action Plan (ERAP) guidance: OEUK published the Emissions Reduction Action Plan (ERAP) guidance in July 2024, available here.

  • OEUK: Offshore Flare and Vent Systems – Identified Issues and Associated Good Practice, Issue 2: OEUK published new guidance on the design, operation and maintenance of offshore flare vent systems. This guidance is a vital resource for operators to minimise hazards, ensure compliance and manage risks.

  • OGA Plan: The OGA Plan was published in 2024 under the OGA Strategy. The OGA Strategy incorporates a range of net zero obligations for the UK oil and gas industry, including a requirement for relevant persons to, in securing that the maximum value of economically recoverable petroleum is recovered, and take appropriate steps to assist the Secretary of State in meeting the net zero target. This includes reducing greenhouse gas emissions from sources such as flaring, power generation and venting, aligning with the NSTA Stewardship Expectation 11 (Net Zero). The OGA Plan outlines the steps to be taken by relevant persons to help achieve the OGA Strategy, where relevant persons refer to holders of petroleum licences; operators under petroleum licences; owners of upstream petroleum infrastructure; persons planning and carrying out the commissioning of upstream petroleum infrastructure; and owners of relevant offshore installations. The OGA Plan includes requirements for relevant persons to reduce emissions via four broad headings: investment and efficiency, platform electrification and low carbon power, inventory and flaring and venting. The OGA Plan requires relevant persons to produce an Emissions Reduction Action Plan (‘ERAP’) for each asset. They also place low carbon requirements for upcoming developments (with first oil and gas 1st January 2030) (e.g. assets to be partly or fully electrified or run on low carbon power).

  • OGUK: Methane Action Plan 2021. This document highlights the actions the oil & gas industry will take to cut methane emissions on the UK Continental Shelf.

Consent Needed and How to Obtain It

Consent Needed:Consent to Vent is required under the Energy Act 1976. For Vent Consents both the inert gas and the hydrocarbon faction obtained from the licensed area must be included in the consent application, and the combined rate for both will be the consent basis. Consents to vent are required for all Category 4 (Unignited Vents) including venting of gases from onboard crude oil storage tanks including FPSOs during crude oil filling operations (see the Performances Standards tab). Where a field is venting > 5 tonnes per day the vent level will be reviewed and a vent consent issued annually. These applications will be subject to detailed review by OGA and operators must exercise a high level of technical and operational diligence in estimating quantities. This level of vent is considered to represent a potential opportunity for further reduction in levels. These applications will need full supporting details with medium and long term plans for reduction of venting. Where a field is venting < 5 tonnes per day, a longer term vent consent may be applied for/issued (see the Renewal and Variation tab). Less detailed (minimum) information may be provided on the application form for these venting levels.See the Performance Standards tab for options on multiple fields producing across the same facility.

Crude Oil Tankers


From 1 July 2010 all crude oil tankers must have on board a VOC Management Plan approved by the MCA.
How to Apply:Application should be submitted via the UK Oil Portal. The OGA Guidance Notes for the Completion of Flare and Vent Applications provide further information.Venting consent applications should contain the following:

  • A summary of the main points of the application

  • A summary of the main venting assumptions

  • A detailed description of the plant start-up procedures and philosophy; the procedure for filling the gas export line should also be described

  • The commissioning schedule

  • Venting calculations – to include venting on a daily basis and total quantities. The quantities of gas should be presented on the same basis as the hydrocarbon gas in the Flaring Consent application


Sketches and figures should also be supplied for:

  • Overall commissioning programme

  • Fuel gas system

  • Gas dehydration system

  • Gas compression system

  • Gas export system and pipeline

  • Onshore facilities
Who to Apply to:Applications to be submitted to the UK Oil Portal 
When to Apply:Consent(s) should be submitted at least two months before ‘First Oil’ and towards the expiry of the existing consent for operations. However, it is advised by BEIS and OGA that the operator is in contact with the regulator at all stages, from design through construction to commissioning planning, and demonstrate that all reasonable steps have been taken to keep venting to a minimum.

Performance Standards

Limits Placed on Vent Volumes:

Consent will specify the vent volume that must not be exceeded over a specified period.
Definition of Unignited Vents:OGA has provided definitions for four categories of flare and vent activities, of which, Category 4 applies to venting.Category 4 - Unignited Vents  This covers inert gases and hydrocarbon gases which may be discharged to an atmospheric vent. The Energy Act requires both the inert and hydrocarbon gases obtained from the licensed area that are vented to be covered by the consent. This should also include venting of gases from onboard crude oil storage tanks, e.g. for FPSOs during crude oil filling operations. However, this excludes inert gases that are generated on board the installation for the purpose of providing an inert blanket for on board oil storage tanks. Vents may contain nitrogen, carbon dioxide, water vapour, hydrocarbons and possibly traces of sulphur compounds, etc. Operators should give an estimated annual average composition of vented stream(s) in the notes section of the vent application.
Multiple Field Tie-ins to Single Facility:Where several fields tie-in to common facilities and venting is < 5 tonnes per day, and the fields have the same operator and licensees, the operator may apply for a single composite consent and the level of venting permitted in this consent will be based on the sum of the individual field contributions to the total vent level. Where the fields have different operators and licensees, separate consents will usually continue to be issued. However, if all parties agree to apply for a single vent consent covering all the fields going into the facilities and the total vent level is < 5 tonnes per day then a combined 3-year vent consent will be considered.

Sampling/Monitoring Requirements

Vent Volumes:Daily vent and cumulative vent volumes.

Reporting Requirements

What to Report:There are two types of reporting required for venting. The first is statutory reporting to OGA on vent volumes. The second is additional reporting of environmental emissions due to venting through EEMS for the UK-PRTR and E-PRTR (see Atmospheric Emissions Reporting).

Vent Consent:

Reporting to OGA with periodicity and details as specified in vent consent.

EEMS Reporting:

Complete atmospheric emissions inventory EEMS pro forma (Atmospheric) and guidance notes can be obtained from the EEMS website.

ERAP Reporting:

The NSTA, via Stewardship Expectation 11, outlined that operators should develop, implement and maintain asset and/or infrastructure hubs’ GHG Emission Reduction Action Plans (ERAPs) in order to reduce their GHG emissions and support delivery of the UK’s net zero target. ERAP’s summarise and assess the applicability of available emissions abatement and emissions monitoring opportunities and technologies, and set out planned emissions reduction initiatives. The OGA Plan, published in 2024, provides further guidance in the associated ERAP explanatory note here. Additionally, OEUK have published a guideline that outlines a framework for implementing good practices within an ERAP - Emissions Reduction Action Plan (ERAP) | Offshore Energies UK (OEUK).
How to Report:ERAP Reporting:

Operators should produce and maintain their own plans / documents to fulfil the ERAP reporting requirements and have relevant documents available on request from the NSTA. This should include proportionate technical and economic assessments. The reporting requirements differ across various themes (e.g. flaring and venting management plans and electrification assessments), as detailed in the OGA Plan and associated ERAP explanatory note here.
Who to Report to:Vent Consent:

OGA Petroleum Production Reporting according to terms of consent.

EEMS Reporting:

Completed forms should submitted electronically to the EEMS website.

ERAP Reporting:

As above, generally the ERAP reporting requirements must be made available to the NSTA on request. However, some reporting requirements may be incorporated into existing submissions to the NSTA (e.g. reporting of flaring and venting quantities and associated emissions through the Emissions section of the UKSS).
When to Report:Vent Consent :

As specified in consent.

EEMS Reporting:

Annually before 7 February.

ERAP Reporting:

ERAP’s must be submitted to the NSTA on request. The documents and plans produced as part of the reporting requirements must be refreshed at least every 2 years, as detailed in the OGA Plan and associated ERAP explanatory note here.

Non Compliance

What to do if in Breach of Consent:This is reported through the routine vent consent reporting.
Offshore Inspection:The BEIS (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement, including prosecution.

Renewal and Variation

Duration of Consent:Applications can be made for vent consents on an annual basis or for a 3-year period (e.g. 2010-2012), depending upon the total daily hydrocarbon vent level from a field. Long term vent consents will not be permitted for any field that seek permission to vent at rates in excess of 5 tonnes a day. If a field is venting less than 5 tonnes of hydrocarbon gas a day, and if, for the period 2010 to 2012 the vent application does not request any increase in the levels permitted in the extant vent consent, licensees can apply for a three year vent consent. If this application is approved by the Department, a long term consent will be issued, subject to a number of conditions (see NSTA Guidance on the review of Flare and Vent Applications).
When to Renew Consent/Exemption:NSTA will invite applications for renewal in September each year, with annual consents being issued in December for the following year.

Snippets

Cold Flaring:This is considered a venting activity and is controlled under the venting consent. It should not be reported as flaring or counted against the flaring consent.
Draft Clean Air Strategy 2018TheDraft Clean Air Strategy 2018 outlines ambitions to reduce overall air pollution and make our air healthier to breath, protect nature and boost the economy.
It highlights the importance of effective co-operation with the devolved administrations and sets out actions already underway in Scotland, Wales and Northern Ireland to cut air pollution right across the UK. It is currently under consultation.
Transitional National Plan (TNP): quarterly register
The TNP scheme allows large combustion plants (with a thermal rating equal to or greater than 50 megawatts) first licensed before 27 November 2002 to trade their annual allowances for sulphur dioxide, nitrogen oxide and particulate matter (dust) with other large combustion plants within the TNP scheme.
Updated Energy and Emissions projections: 2015A report detailing projections of the UK emissions performance against national greenhouse gas targets under existing policies has been released by BEIS. It includes projections of the demand for each type of fuel for different sectors of the economy. The report includes projected energy demand for electricity and indicates what mix of generation will meet it (link here).





Legislation

Key Legislation:
Guidance Notes:Planning Policy Statement 9: Biodiversity and Geological Conservation. August 2005.
PPS9 sets out planning policies on protection of biodiversity and geological conservation through the planning system. Equivalent policies for the devolved states are Wales: Technical Advice Note (TAN) 5 - Nature Conservation and Planning 1996 Scotland: Planning Advice Note (PAN) 60 - Planning for Natural Heritage 2000.

Consent Needed and How to Obtain It

N/A

Performance Standards

UK Biodiversity Action PlanUK BAP identifies 65 habitats as priorities for conservation action, 25 of which are marine habitats.
In addition JNCC lists 88 Marine Species as priority species for which a biodiversity action plan has been drawn up. The full list is available on the UK Biodiversity Action Plan website.Many of these species are also covered by other overarching legislation particularly relating to Habitats Regulatory Assessment.

Sampling/Monitoring Requirements

N/A

Reporting Requirements

N/A

Non Compliance

Enforcement Powers:The planning/consenting authority is obliged to 'have regard' for the habitat and species management plans set out within the relevant BAP document(s). The enforcement powers provided within the key pieces of applicable legislation (see Legislation tab) can be utilised to address non-compliance.

Renewal and Variation

N/A

Snippets


Key Organisations:
Key organisations involved in the protection and enhancement of biodiversity include:





Legislation

Key Legislation:
Supporting Legislation:
Guidance:


  • The NSTA published a well consents guidance covering the consent requirements for:

    • Well installation;

    • Well tests or extended well tests; and

    • Well abandonment and suspension.


    The guidance details when applications, consents and notifications to NSTA are required and the information that NSTA takes into consideration when determination such applications.

Consent Needed and How to Obtain It

Consent Needed:

(Also see OBM and SBM Use and WBM Use and Discharge for further non-chemical consent requirements):


There is a requirement for the operator to obtain a permit to use and discharge drilling chemicals. This permit must be in place before commencement of operations.


For discharges of excess cement and other surplus material at end of operations - see the Performance Standards tab.


Marine Licensing Exempt Activities - A list of exemptions to marine licensing has been published and it details activities exempt from marine licensing and which exemptions require the MMO to be notified and which exemptions require MMO approval. This includes ‘cables and pipelines – authorised emergency repair and inspection’ and ‘deposit of marine chemical and marine oil treatment substances’.
What to Include to Permit Authorisation:An application for the grant of a permit from the Department for Energy Security and Net Zero under regulation 4 is made via an electronic drilling operations application. It shall contain:

  • A description of the offshore source on or from which the offshore chemical is to be used or discharged, and the location of the offshore source in the relevant area

  • A description of the proposed technology and other techniques for preventing or, where this is not possible, reducing the use or discharge of the offshore chemical from the offshore source

  • A description of the measures planned to monitor the use or discharge of the offshore chemical

  • An assessment of the risk of damage to the environment from the use and discharge of the offshore chemicals proposed.


The regulations allow for the acquisition of further information if that submitted is deemed insufficient or incorrect and for the gathering of evidence to verify any statements made.

Note: The drilling operations application will consist of two elements: the Master Application Template (MAT) and the Subsidiary Application Template (SAT). Completion of the MAT provides access to various SATs:

In addition, as part of ongoing reviews of oil spill contingency arrangements in light of the Macondo well incident, drilling operation applications for exploration, appraisal or development wells must:

  • Confirm that the operation is covered by an approved OPEP or OPEP application

  • If hydrocarbons are expected, include the maximum expected volumes

  • Include a section dealing with accidental events, summarising the worst-case scenarios assessed and modelled in the OPEP and the measures in place to prevent and control the release

  • Include or reference any relevant environmental impact assessment studies


Additional changes may be required in the future, when the Department for Energy Security and Net Zero has reviewed outstanding reports relating to the Macondo incident.
How to Apply:

Applications should be made using the following forms: Wells and sidetracks (including new drilling from platforms) - drilling operations application. Workovers, if part of the drilling programme (outside the platform 500m safety zone) – drilling operations application. Alternatively the well intervention operations application can be used for all workovers and well intervention programmes - see Workover.
Who to Apply to:

PETS applications must be submitted electronically to the Department for Energy Security and Net Zero via the UK Oil Portal. Operators will need to be registered with the Department for Energy Security and Net Zero for access to the Portal.  To set up a UK Oil Portal Account, contact the Department for Energy Security and Net Zero OED Environmental Management Team at [email protected].  If you have any problems with PETS submission, contact the Department for Energy Security and Net Zero OED EMT by email at [email protected]
When to Apply:

PETS (term permits) applications must be made at least 28 days before drilling commences. However, if also seeking a direction that an ES is not required, additional time should be allowed for. Well intervention operations applications must be made at least 28 days before workover or completion. Well intervention operations applications may be for annual or term permits (see Workover).
Requirements of the Regulations:

Operators will need to assess the risks to the environment, which might arise from their particular chemicals use and discharge. For some chemicals, e.g. those on the OSPAR PLONOR list, assessment will be straightforward. Others will require a formal process of risk assessment, such as can be done using CHARM software. In this process, the predicted environmental concentration (PEC), determined from a knowledge of individual substance or product chemistry and the conditions of use, is compared with the Predicted No-effect Concentration (PNEC) determined from toxicity tests conducted to agreed protocols. This allows more informed assessments of risk to local sensitivities to be made in particular use and/or discharge scenarios. The use of the CHARM model is compulsory for calculating the Hazard Quotient (HQ) but other risk assessment models may be used to calculate the Risk Quotient (RQ) provided comparability with CHARM can be demonstrated.

Performance Standards

Pipe Dopes containing Lead:OSPAR has now published its overview assessment of the implementation of OSPAR Recommendation 2005/2 on environmental goals for the discharge by the offshore industry of chemicals that are, or contain added substances, listed in the OSPAR List of Chemicals for Priority Action. This refers to the treatment of pipe dopes containing lead. The discharge of pipe dopes containing lead is now prohibited. All future PETS applications to use pipe dopes containing lead should only relate to activities where there is no planned or anticipated "discharge" of the dope, and should accordingly be entered in the application and the EEMS return as Zero Discharge. Text should also be included in chemical risk assessment SAT and/or EIA SAT of the application to confirm the measures that will be taken to justify the zero discharge estimate (detailing how it is being used to ensure zero discharge). Discharges of these pipe dopes are now prohibited, and the Department will be refusing to accept applications that include a proposed discharge of pipe dopes containing lead.Alternative pipe dopes that do not contain lead can continue to be used for applications where there is an anticipated discharge, and should continue to be assessed and entered in the application and the EEMS return using the default 10% discharge estimate.
Controls Placed on the Type and Volume of Drilling Chemicals Discharged:

Conditions of an approved permit will indicate the types and volumes of chemicals that may be discharged into the environment. These conditions must not be exceeded.
Well Clean-up Fluids:See Well Clean-up
Well Abandonment:See Well Abandonment
UK National Plan for the phase-out of substances identified as candidates for substitution - in line with OSPAR Recommendation 2006/3:(The full text of the current UK National Plan for phase out can be found on the CEFAS website)

OSPAR Recommendation 2006/3 requires that as soon as is practicable and no later than 1 January 2017, Contracting Parties to OSPAR should have phased out the discharge of offshore chemicals that are, or which contain substances, identified as candidates for substitution except for those chemicals where despite considerable efforts, it can be demonstrated that this is not feasible due to technical or safety reasons. Demonstration of those reasons should include a description of those efforts. Having considered the requirements of OSPAR Recommendation 2006/3, the UK has decided to base its National Plan for the prioritisation of phase-out on the following criteria:

  • Perceived difficulty of phase out

  • Securing the replacement of candidates for substitution in preference to eliminating operational discharges to the marine environment

  • Prioritisation based on the persistence, bioaccumulation and toxicological properties of the chemical


The UK National Plan also incorporates justification of continued use and/or discharge as an additional element: for those substances where replacement and/or eliminating discharges to the marine environment is not currently feasible, offshore operators or their chemical suppliers will annually be required to:

  • Confirm the efforts made to phase out the use and/or discharge of the candidates for substitution

  • Confirm the nature and timing of planned research and development studies or trials to supplement those efforts conform whether any measures have been taken to reduce the use and/or discharge of the candidate for substitution

  • Confirm the technical and/or safety issues that make it necessary to continue use and/or discharge of the candidate for substitution.


UK National Plan level criteria and interim target dates are (See the full text of the UK National Plan (PDF  document) from the CEFAS website for definitions of persistence, bioaccumulating and toxicity):

  • Level 1 (highest priority)

    • Organic substances that are highly persistent, bioaccumulating and toxic

    • Chemicals to be replaced, or discharges to the marine environment to be eliminated or continued use and/or discharge to be formally justified by end December 2010.



  • Level 2

    • Moderately persistent, bioaccumulating and toxic, or

    • Highly persistent and bioaccumulating, or

    • Highly persistent and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by end December 2012.



  • Level 3

    • Moderately persistent and bioaccumulating, or

    • Moderately persistent and toxic, or

    • Bioaccumulating and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated and/or discharge formally justified by end December 2014.



  • Level 4 (lowest priority)

    • Highly persistent organic substances, or

    • Inorganic substances with toxicity <1mg/l

    • Chemicals to be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by the end of December 2016.




EC Regulation 1907/2006 (REACH):REACH deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances. The aim of REACH is to improve the protection of human health and the environment through the better and earlier identification of the intrinsic properties of chemical substances. At the same time, innovative capability and competitiveness of the EU chemicals industry should be enhanced. The benefits of the REACH system will come gradually as more and more substances are phased into REACH.

The HSE is the UK Competent Authority for REACH and is working closely with Defra plus other Government Departments and Agencies on the policy/enforcement aspects. HSE enforces maritime Health and Safety Regulations which apply to offshore installations.

To ensure a consistent regime, the offshore enforcement of REACH will be carried out by those who are familiar with enforcement requirements in similar circumstances to that required by REACH. Therefore, HSE and the Department for Energy Security and Net Zero will enforce offshore the aspects of REACH relating to health/safety and environmental protection, using their respective onshore administrative procedures and offshore inspectors to check compliance with the relevant provisions. In this regard, the Department for Energy Security and Net Zero sits on the REACH Enforcement Liaison Group (established by the HSE) to ensure that a proportionate and consistent method of enforcement is adopted.

From an offshore environmental protection perspective, the OSPAR HMCS and REACH requirements will run in parallel, with the HMCS approach to controlling offshore chemicals being appropriately harmonised with the provisions of the EU Regulation. Accordingly, the UK REACH Enforcement Regulations contain certain provisions from, and makes references to, the OCR, so effectively OCR (and hence the HMCS) will be the mechanism for supporting the application of the environmental protection elements of REACH to offshore installations. It should, however, be noted that the Department for Energy Security and Net Zero's regulatory regime for offshore chemicals does not extend to Scottish controlled waters and therefore, in so far as this area is concerned, REACH will be enforced by an authorised body (i.e. SEPA) on behalf of the Scottish Executive. REACH provisions will be phased-in over 11 years.

Appendix 1 of the Department for Energy Security and Net Zero (then DECC) Guidance Notes on Reach (Word document) addresses Specific REACH issues pertaining to the offshore sector. A Timetable of REACH Implementation (Word document) is available on the Department for Energy Security and Net Zero Website.

Sampling/Monitoring Requirements

Chemicals:All chemical use/discharge must be monitored and recorded. Components of oil based mud systems must be listed individually with their appropriate use and discharge (see the Reporting Requirements tab).
Routine Monitoring:Periodic monitoring of the area around installations may be requested to confirm impact hypotheses and to check that the general health of the marine environment in the vicinity of installations remains acceptable. The operator will carry out the monitoring and bear any costs involved.
Check Monitoring (Inspections):The Regulations state – “Government will, as circumstances dictate, conduct check monitoring. It will seek to confirm that routine monitoring is generating accurate returns. The costs of this monitoring will be recovered under the scheme”. Where an inspector considers that any activity in relation to the use or discharge of an offshore chemical involves a serious and imminent risk of pollution, he may give such directions in relation to that activity (including a direction requiring the cessation of that activity), as he considers necessary to avoid or minimise the risk of pollution in question.

Reporting Requirements

What to Report:

Chemical Use and Discharge


Reports should be made on all drilling and well chemicals, as required by the Department for Energy Security and Net Zero, electronically via the EEMS website. Reports are made on the drilling chemicals and fluids with spreadsheets also available for download on the EEMS website. As well as being used by the Department for Energy Security and Net Zero to check actual use and discharge of chemicals against the term permit, they will also be used towards compilation of the OSPAR returns, which Contracting Parties are obliged to make. For certain problematic substances, such as those identified for substitution, the Department may require more frequent reporting. A condition in the permit will make this clear if necessary.

Annual Progress Reports on Substitution Chemicals

Previously progress reports on substitution chemicals have only been requested for production chemicals (Production operation permit). This reporting requirement is now extended to term permits. A reporting template can be downloaded here (documents can be found under the reporting requirements section Offshore Chemicals Regulations 2002 (as amended)). Reporting includes summary of chemicals replaced, summary of chemicals still to be replaced and justification for continued use and/or discharge. This guidance document explains the completion of reporting spreadsheets. Some minor modifications have been made to the Annual Reporting spreadsheets and the Technical Justification Report (TJR) spreadsheet since the 2014 version.
Who to Report to:Chemical Use and Discharge  Reports need to be made electronically on the EEMS website after each well. the Department for Energy Security and Net Zero will use EEMS reports to cross check against permit conditions to ensure compliance.

Annual Progress Reports on Substitution Chemicals


Reports need to be submitted to the Department for Energy Security and Net Zero Environmental Management Team by email to [email protected]
When to Report:Chemical Use and Discharge  EEMS reports to be submitted 28 days after permit expiry date. Annual progress reports are required to be submitted on or before 28 February of each calendar year.

Non Compliance

Non Compliance:Any non-compliance with permit conditions under the Offshore Chemicals Regulations (OCR) 2002 should be reported to OPRED via the Integrated Reporting Service (IRS) on the UK Energy Portal. If the IRS is unavailable, an OCR non-compliance notification form should be sent to OPRED. Examples of non-compliance may include, but are not limited to: identified overuse of chemicals or use and/or discharge of chemicals not included on the permit. In addition the form may be used to notify the Department for Energy Security and Net Zero of any other applicable notifications specifically as required by the chemical permit conditions as appropriate. Variations to chemical permits should be made before exceeding permit limits. Emergency approval of chemical use and/or discharge can be obtained out of normal office hours by contacting the Department for Energy Security and Net Zero Duty Officer - ask to be connected to the On-Call Response Office (Offshore Environmental Inspectorate). Guidance on emergency approval can be found in the Guidance Notes of the Legislation tab. If a variation is not in place before the unpermitted use or discharge occurs, a non-compliance notification form should be submitted. It is an offence not to submit a non-compliance report if required.
Chemical Spill:Any accidental spill of chemicals must be reported to OPRED using a PON1 (see Chemical Spills for additional details).
Inspections:At any reasonable time (or in a situation which in his opinion may give rise to a risk of significant pollution to the environment as a result of the use or discharge from an offshore source of an offshore chemical, at any time) the inspector may board any offshore installation to undertake inspections and investigations. The Department for Energy Security and Net Zero (then DECC) Environmental Inspectorate Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement, including prosecution.
Enforcement and Prohibition Notices:The Department for Energy Security and Net Zero, if of the opinion that the OCR 2002 Regulations have been contravened, may issue an enforcement notice. This will specify:

  • The matters that constitute or are likely to constitute a contravention

  • The steps required to rectify the matter

  • The time period within which these steps must be undertaken


If an enforcement notice is not addressed, the Department for Energy Security and Net Zero may take action itself and recover reasonable costs back from the operator. If the Department for Energy Security and Net Zero 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 chemical, the Department for Energy Security and Net Zero 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.
False or Misleading Information:The Department for Energy Security and Net Zero may by notice revoke a permit granted where they are of the opinion that the application for the permit in question contained any information or statement which was false or misleading in a material particular or where the operator in question has been guilty of a breach of any condition attached to the permit.
Offences:A person is guilty of an offence if he:

  •  Uses or discharges any offshore chemical in the relevant area without a permit

  •  Uses or discharges any offshore chemical in breach of the terms of any condition attached to any permit

  • Is seen by an inspector to use or discharge of an offshore chemical that involves a serious and imminent risk of pollution

  • Fails to supply any information required to be supplied by virtue of the terms of any permit granted under these Regulations

  • Knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement:

    • Is made in connection with or for the purposes of, any application for a permit, the renewal of a permit or the variation of a permit, or

    • Is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 16



  • Willfully obstructs an inspector, or

  • Without reasonable excuse fails to comply with an obligation imposed in pursuance of the regulations or prevents another person from complying with such a requirement.

Renewal and Variation

Permit Duration:Permits for drilling chemicals will normally be issued for a specified period and are “Term Permits”.
Renewal of Permit:This is not applicable as permits are issued for a specified well. The Department for Energy Security and Net Zero must be notified of any drilling schedule changes. If the permit expiry date is likely to be exceeded, a variation should be submitted in order to extend the permit, at least 2 weeks before the due date. Otherwise, a new application (28 days) will be required.
Update, Variation or New Permit:Applications need to be made to the Department for Energy Security and Net Zero for a variation in the terms and conditions of a permit if there is any increase in the use and discharge of chemicals or changes in the chemicals used. All applications need to be considered by the Department for Energy Security and Net Zero and MS (CEFAS in England and Wales).


Update – change made after the application but before approval has been given.

Variation – change made after approval has been given.


Application for a variation or update should be made by clearly amending the previously submitted permit application. All PETS submissions must be linked to the relevant WONS well file for the drilling consent application (PON4). Where a drilling programme is amended, the need to submit either a permit variation or new permit will depend on whether the change to work programme would be classed as a re-drill (i.e. if a new WONS well file would be generated).


If a new WONS well file is needed, a new permit will also be required. Otherwise, a variation of the existing permit can be submitted.


If submitting a variation, all sections should be completed describing any changes in drilling and chemical usage relating to the new works. Variations will be dealt with by the Department for Energy Security and Net Zero as quickly as possible, but 28 days should be allowed for the assessment of any significant changes.


Note: a variation cannot be submitted once a Term Permit has expired. A new application must be submitted.
Drilling Outside Expected Spud Date:Changes in spud dates – the Department for Energy Security and Net Zero doesn't want to be prescriptive and is happy to see a drilling window based on risk. Normally, the Department for Energy Security and Net Zero will limit the permit duration to one month either side of the drilling window – anything beyond this will need to be justified.


Where the Department for Energy Security and Net Zero asks for a spud date (i.e. in the MAT of the permit), this should be given, and the narrative section used to explain where and why there is built-in flexibility. For example, if the expected spud date is the 15th March and a total drilling period of 60 days, then the 15th of March should still be quoted in the MAT, but environmental sensitivities and possible impacts should cover the period from February to June.


If drilling occurs within this window, the only notification to the Department for Energy Security and Net Zero will be the new spud date, which should be advised through WONS.


If drilling is due to start before, or continue after, the window notified in the permit, the sensitivities addressed in the application must be examined to assess whether there is any significant adverse change. The conclusion should be advised to the Department for Energy Security and Net Zero's Environmental Manager who handled the original permit by email, in addition to advising WONS.


It should be noted that extra time must be allowed as the Department for Energy Security and Net Zero may need to go back to JNCC in cases where drilling will occur outside the original window.
Field Trials for New Chemicals:It is likely that field trials involving the use and discharge of new chemicals can be encompassed through a request for a variation to an existing permit since a field trial will have been planned in advance. If there is any doubt about how this should be handled, then the operator and the chemical company are strongly advised to discuss the proposed field trial with the Department for Energy Security and Net Zero and MS or CEFAS (as appropriate) first.
Surrendering a Permit:An operator may by notice surrender a permit granted to him.

Snippets

Copper Anti-fouling Systems under Biocidal Products Directive:

A new legal requirement came into force under the EU Biocidal Products Directive 98/8/EC, prohibiting the supply and use of copper as a biocide when used in liquid-cooling and processing systems.
Copper is used offshore in a number of systems e.g. sea water lift, fire water systems, injection systems, ballast systems andengine cooling HVAC cooling.
Although not an exhaustive list, oil and gas operators should check all systems/vessels/installations using copper anti-fouling systems, or when used as a biocide in liquid-cooling and processing systems.


Further details are available from the Anti-Fouling Systems page.
DECC Environmental Alert (001/2014)- PON1 Reporting:Issued by DECC (now Department for Energy Security and Net Zero) on 31 March 2014, this environmental alert (PDF document) highlights failures by a number of operators to comply with PON1 reporting requirements. Operators are reminded that in accordance with current reporting requirements PON1s must be reported within 6 hours to:

  • Aberdeen Maritime Rescue Coordination Centre (MRCC) in addition to immediate telephone notification to the nearest MRCC Coastguard Station.

  • The Department for Energy Security and Net Zero; additional telephone notification is required to the Department for specific scenarios as detailed within the PON1 reporting guidance.

  • Joint Nature Conservation Committee (JNCC) and any relevant Statutory Nature Conservation Body (SNCB) in accordance with installation oil pollution emergency plan arrangements.
Environmental Alert NoticesThe Department for Energy Security and Net Zero regularly issues environmental alert notices in order to raise awareness of any environmental issues on the United Kingdom Continental Shelf (UKCS) so companies can respond appropriately. They are issued directly to Oil and Gas operators and published here.
Oil and Gas Authority (OGA) exploration strategyThe OGA has published an exploration strategy which outlines the key strategies which will be used to underpin maximum economic recovery of the UKCS.
OPRED’s announcement regarding inactive OPRED applicationsOPRED has announced that it has officially revoked the PON15 application (PON15b, PON15c, PON15d and PON15f) application types from the UK Energy Portal.
Reporting Mud Components:

Reporting of use and discharge must be undertaken on a component basis of the whole mud. Where a mud is recycled, the Department for Energy Security and Net Zero has agreed that for reporting purposes, the assumption can be made that the recycled mud being used for a base is a mixture of the predominant base oil and barites and can be reported as such. Where additional additives are added to the recycled mud, these will need to be reported separately.
Update on OGA approach to licence amendments (July 2021)The OGA has announced that they will now make licence amendments in the same way as was done pre-COVID.
Use and Discharge of Jacking Greases:Use and discharge of jacking greases for jack-up rigs must now be included in each drilling operations application or well intervention operations application as appropriate.
Use and discharge of lead within UKCS:In September 2014, DECC (now Department for Energy Security and Net Zero) issued a letter to all Operators / Owners of Installations and Mobile Drilling Units about the continued supply and use of lead by operators within UKCS, reminding them of their responsibility to ensure that Government commitments are adhered to in order to meet OSPAR objectives and the Directive on Environmental Quality Standards (2008/105/EC) requirements.





Legislation

Key Legislation:
Supporting Legislation:

Consent Needed and How to Obtain It

Consent Needed:A chemical permit under the Offshore Chemical Regulations 2002 (OCR 2002) is required for all production chemicals. All operational chemicals must be included in this permit, including:

  • Chemicals used in the production of hydrocarbons

  • Water injection chemicals

  • Squeeze chemicals

  • Corrosion inhibitors and biocides

  • Chemicals used in semi-closed systems where there may be some discharge to sea e.g. hydraulic fluids in subsea control systems and corrosion inhibitors used within fire fighting drench systems, where applicable

  • Chemicals generated in-situ e.g. hypochlorite

  • Rig and turbine washes


Chemicals used/discharged from workovers on platforms may also be included in the production operation permit. Alternatively a well intervention operation permit may be used (see Workovers).

Drilling chemicals either for drilling from the platform or chemicals introduced by a tieback from a MODU should be covered in the drilling operation permit (see Drilling Chemicals).

A number of chemicals are exempt from OCR 2002 (see the Performance Standards tab). Guidance on OCR 2002 is available from the Government website (see the Guidance Notes in the Legislation tab).
What to Include in Permit Authorisation:An application for the grant of a permit from the Department for Energy Security and Net Zero under regulation 4 is made in writing or by an electronic means of communication acceptable to the Secretary of State (Production Operation Permit). It shall contain:

  • A description of the offshore source on or from which the offshore chemical is to be used or discharged, and the location of the offshore source in the relevant area

  • A description of the proposed technology and other techniques for preventing or, where this is not possible, reducing the use or discharge of the offshore chemical from the offshore source

  • A description of the measures planned to monitor the use or discharge of the offshore chemical

  • An assessment of the risk of damage to the environment from the use and discharge of the offshore chemicals proposed.


The regulations allow for the acquisition of further information if that submitted is deemed insufficient or incorrect and for the gathering of evidence to verify any statements made.
How to Apply:Applications should be made using the PETS system via a production operation application. PETS applications must be submitted to the Department for Energy Security and Net Zero via the UK Oil Portal. Any variations must be submitted in the same way. Operators will need to be registered with BEIS for access to the Portal. To set up a UK Oil Portal Account, contact the BEIS OED Environmental Management Team at [email protected]. If you encounter an problems with PETS submission, you should contact the Department for Energy Security and Net Zero OED EMT by email at [email protected]
Who to Apply to:Application to the Department for Energy Security and Net Zero, Oil and Gas Office, Aberdeen, via UK Oil Portal.
When to Apply:A period of at least 3 months should be allowed for submission and approval of a first production operation application as a period of public consultation of at least 28 days is included in the approval process. There will be a requirement for public notification for the initial platform permit, where a variation has been refused or where the Department for Energy Security and Net Zero directs that publication should occur at the time of a permit review. In all other cases, there will be no public consultation requirement. Publication of the notice will be in the same newspapers that would be used for Environmental Statement notification. The notice will say from where a copy of the application may be obtained (i.e. from the applicant) and an address from where a copy of the application may be obtained (i.e. the address of the applicant). The period of public notice will be at least 28 days. Applications for variations to permits do not require a period of public notice, but a lead time of at least 28 days should be allowed.
Permit Duration:A permit will usually be issued for the life of the field but will be subject to annual review.

Performance Standards

Requirements of the Regulations:

Operators will need to assess the risks to the environment, which might arise from their particular chemicals use and discharge. For some chemicals e.g. those on the OSPAR PLONOR list, assessment will be straightforward. Most, however, will require a formal process of risk assessment, such as can be done using CHARM software. In this process, the predicted environmental concentration (PEC), determined from a knowledge of individual substance or product chemistry and the conditions of use, is compared with the Predicted No-effect Concentration (PNEC) determined from toxicity tests conducted to agreed protocols. This allows more informed assessments of risk to local sensitivities to be made in particular use and/or discharge scenarios. The use of the CHARM model is compulsory for calculating the Hazard Quotient (HQ) but other risk assessment models may be used to calculate the Risk Quotient (RQ) provided comparability with CHARM can be demonstrated.
Controls Placed on the Type and Volume of Production Chemicals Discharged:Conditions of an approved permit will indicate the types and volumes of chemicals that may be discharged into the environment.
Exempt Chemicals:The OCR 2002 regulations are not intended to apply to chemicals that might otherwise be used on a ship, helicopter or other offshore structure. This effectively exempts, for example, products used solely within accommodation areas, additives to potable water systems, paints and other coatings, fuels, lubricants, fire-fighting foams, hydraulic fluids used in cranes and other machinery, etc.
UK National Plan for the phase-out of substances identified as candidates for substitution - in line with OSPAR Recommendation 2006/3:(The full text of the current UK National Plan for phase out can be found on the CEFAS website)

OSPAR Recommendation 2006/3 requires that as soon as is practicable and no later than 1 January 2017, Contracting Parties to OSPAR should have phased out the discharge of offshore chemicals that are, or which contain substances, identified as candidates for substitution except for those chemicals where despite considerable efforts, it can be demonstrated that this is not feasible due to technical or safety reasons. Demonstration of those reasons should include a description of those efforts.Having considered the requirements of OSPAR Recommendation 2006/3, the UK has decided to base its National Plan for the prioritisation of phase-out on the following criteria:

  • Perceived difficulty of phase out

  • Securing the replacement of candidates for substitution in preference to eliminating operational discharges to the marine environment

  • Prioritisation based on the persistence, bioaccumulation and toxicological properties of the chemical


The UK National Plan also incorporates justification of continued use and/or discharge as an additional element. For substances where replacement and/or eliminating discharges to the marine environment is not currently feasible, offshore operators or their chemical suppliers will annually be required to:

  • Confirm the efforts made to phase out the use and/or discharge of the candidates for substitution

  • Confirm the nature and timing of planned research and development studies or trials to supplement those efforts conform whether any measures have been taken to reduce the use and/or discharge of the candidate for substitution

  • Confirm the technical and/or safety issues that make it necessary to continue use and/or discharge of the candidate for substitution


UK National Plan level criteria and interim target dates are (See the full text of the UK National Plan (PDF document) on the CEFAS website for definitions of persistence, bioaccumulating and toxicity):

  • Level 1 (highest priority)

    • Organic substances that are highly persistent, bioaccumulating and toxic

    • Chemicals to be replaced; or discharges to the marine environment to be eliminated or continued use and/or discharge to be formally justified by end December 2010.



  • Level 2

    • Moderately persistent, bioaccumulating and toxic, or

    • Highly persistent and bioaccumulating, or

    • Highly persistent and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by end December 2012.



  • Level 3

    • Moderately persistent and bioaccumulating, or

    • Moderately persistent and toxic, or

    • Bioaccumulating and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated and/or discharge formally justified by end December 2014.



  • Level 4 (lowest priority)

    • Highly persistent organic substances, or

    • Inorganic substances with toxicity <1mg/l

    • Chemicals to be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by end December 2016.
EC Regulation 1907/2006 (REACH):REACH deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances. The aim of REACH is to improve the protection of human health and the environment through the better and earlier identification of the intrinsic properties of chemical substances. At the same time, innovative capability and competitiveness of the EU chemicals industry should be enhanced.The benefits of the REACH system will come gradually, as more and more substances are phased into REACH. The HSE is the UK Competent Authority for REACH and is working closely with Defra plus other Government departments and Agencies on the policy/enforcement aspects. HSE enforces maritime Health and Safety Regulations which apply to offshore installations. To ensure a consistent regime, the offshore enforcement of REACH will be carried out by those who are familiar with enforcement requirements in similar circumstances to that required by REACH. Therefore, HSE and the Department for Energy Security and Net Zero will enforce offshore the aspects of REACH relating to health/safety and environmental protection - using their respective onshore administrative procedures and offshore inspectors to check compliance with the relevant provisions. In this regard, the Department for Energy Security and Net Zero sits on the REACH Enforcement Liaison Group (established by the HSE) to ensure that a proportionate and consistent method of enforcement is adopted. From an offshore environmental protection perspective, the OSPAR HMCS and REACH requirements will run in parallel, with the HMCS approach to controlling offshore chemicals being appropriately harmonised with the provisions of the EU Regulation. Accordingly, the UK REACH Enforcement Regulations contain certain provisions from, and makes references to, the OCR, so effectively OCR (and hence the HMCS) will be the mechanism for supporting the application of the environmental protection elements of REACH to offshore installations. It should, however, be noted that the Department for Energy Security and Net Zero's regulatory regime for offshore chemicals does not extend to Scottish controlled waters and therefore, insofar as this area is concerned, REACH will be enforced by an authorised body (i.e. SEPA) on behalf of the Scottish Executive.REACH provisions will be phased-in over 11 years. Appendix 1 of the Guidance Notes on Reach addresses Specific REACH issues pertaining to the offshore sector. A Timetable of REACH Implementation (pdf document) is available.

Sampling/Monitoring Requirements

Routine Monitoring:Routine monitoring of process streams and of the area around installations may be requested to confirm impact hypotheses and to check that the general health of the marine environment near platforms remains acceptably high. The operator will carry out such monitoring and bear the cost.
Check Monitoring (Inspections):The Regulator will undertake check monitoring. It will seek to confirm that routine monitoring is generating accurate returns. The costs of this monitoring will be recovered under the general fees charged for the scheme. Inspectors appointed under the Regulations may board any offshore installation at any reasonable time, or if significant pollution is suspected, at any time.Where an inspector considers that any activity in relation to the use or discharge of an offshore chemical involves a serious and imminent risk of pollution, he may give such directions in relation to that activity (including a direction requiring the cessation of that activity), as he considers necessary to avoid or minimise the risk of pollution in question.

Reporting Requirements

What to Report:Chemical Use and Discharge  Reports are made on the production chemicals spreadsheet available for download on the EEMS website. Reports need to cover:

  • The name and actual quantity of each chemical used

  • The volumes of each chemical discharged into the marine environment.


As well as being used by the Department for Energy Security and Net Zero to check actual use and discharge of chemicals against the term permit, they will also be used towards the compilation of the OSPAR returns which Contracting Parties are obliged to make.

For certain problematic substances, such as those identified for substitution, the Department may require more frequent reporting. A condition in the permit will make this clear if necessary.

Annual Progress Reports on Substitution Chemicals

Annual reports are also required by the Department for Energy Security and Net Zero on progress made to replace and/or phase out chemicals included on the OSPAR List of Chemicals for Priority Action or have been identified as Candidates for Substitution.

A reporting template can be downloaded from the Department for Energy Security and Net Zero website (documents can be found under the reporting requirements section Offshore Chemicals Regulations 2002 (as amended)). Reporting includes summary of chemicals replaced, summary of chemicals still to be replaced and justification for continued use and/or discharge.

In addition to completing the spreadsheet, operators are also required to submit a Technical Justification Report for the continued use and/or discharge of all chemicals identified as Chemicals for Priority Action or Candidates for Substitution. This guidance document explains the completion of reporting spreadsheets. Some minor modifications have been made to the Annual Reporting spreadsheets and the Technical Justification Report (TJR) spreadsheet since the 2014 version.
Who to Report to:Chemical Use and Discharge  Reports need to be made electronically on the EEMS website after each well. The Department for Energy Security and Net Zero will use EEMS reports to cross check against permit conditions to ensure compliance.

Annual Progress Reports on Substitution Chemicals


Reports need to be submitted to the Department for Energy Security and Net Zero Environmental Management Team by email to [email protected]
When to Report:EEMS reports are to be submitted 28 days after the end of each quarter reporting use/discharge of chemicals in that quarter.Annual Progress Reports - end of February for the preceding calendar year.

Non Compliance

Non Compliance:Any non-compliance with permit conditions under the Offshore Chemicals Regulations (OCR) 2002 should be reported to OPRED via the Integrated Reporting Service (IRS) on the UK Energy Portal. If the IRS is unavailable, an OCR non-compliance notification form should be sent to OPRED. Examples of non-compliance may include, but are not limited to:

  • Identified overuse of chemicals or use and/or discharge of chemicals not included on the permit.


In addition the form may be used to notify the Department for Energy Security and Net Zero of any other applicable notifications specifically, as required by the chemical permit conditions.

Variations to chemical permits should be made before exceeding permit limits. Emergency approval of chemical use and/or discharge can be obtained out of normal office hours by contacting the Department for Energy Security and Net Zero Duty Officer - ask to be connected to the On-Call Response Office (Offshore Environmental Inspectorate). Guidance on emergency approval can be found in the Guidance Notes of the Legislation tab.

If a variation is not in place before the unpermitted use or discharge occurs, a non-compliance notification form should be submitted. It is an offence not to submit a non-compliance report if required.
Chemical spill: Any accidental spill of chemicals must be reported to the Department for Energy Security and Net Zero using a PON1 (see Chemical Spills for additional details).
Inspections:At any reasonable time (or in a situation which in his opinion may give rise to a risk of significant pollution to the environment as a result of the use or discharge from an offshore source of an offshore chemical, at any time) the inspector may board any offshore installation to undertake inspections and investigations. The Offshore Oil and Gas Environment Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.
Enforcement and prohibition notices:The Department for Energy Security and Net Zero, if of the opinion that the OCR 2002 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, the Department for Energy Security and Net Zero may take action itself and recover reasonable costs back from the operator. If the Department for Energy Security and Net Zero 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 chemical, the Department for Energy Security and Net Zero 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.
False or Misleading Information:The Department for Energy Security and Net Zero may by notice revoke a permit granted where they are of the opinion that the application for the permit in question contained any information or statement which was false or misleading in a material particular or where the operator in question has been guilty of a breach of any condition attached to the permit.
Offences:A person is guilty of an offence if he:

  • Uses or discharges any offshore chemical in the relevant area without a permit

  • Uses or discharges any offshore chemical in breach of the terms of any condition attached to any permit

  • Is seen by an inspector to use or discharge of an offshore chemical that involves a serious and imminent risk of pollution

  • Fails to supply any information required to be supplied by virtue of the terms of any permit granted under these Regulations

  • Knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement:

    • Is made in connection with or for the purposes of, any application for a permit, the renewal of a permit or the variation of a permit, or

    • Is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 16



  • Willfully obstructs an inspector, or

  • Without reasonable excuse fails to comply with an obligation imposed in pursuance of the regulations or prevents another person from complying with such a requirement.

Renewal and Variation

Production Permit Reviews and Renewal:Permits will be valid for the field life but must be reviewed and renewed on an annual basis. Chemical allowances can be requested up to two years in advance with the provision of forecast production data. An application for renewal of a permit must be made in writing or by means of electronic communication before, but no more than three months before, the expiry of the permit in question. Renewals are submitted electronically on the Department for Energy Security and Net Zero UK Oil Portal from where they are reviewed and electronically approved. Draft guidance on production permits in the new PETS system is available on the here (PDF document).
Apply for Variations to Existing Permits:Applications need to be made to the Department for Energy Security and Net Zero for a variation in the terms and conditions of a permit. This would involve any change in the use and discharge of chemicals. All applications need to be considered by the Department for Energy Security and Net Zero and MS (CEFAS when in England and Wales).Where the Department for Energy Security and Net Zero determines that a variation applied for by an operator would not be a significant change, he may grant the application and vary the terms and conditions of the permit accordingly, provided he has consulted the appropriate consultation bodies. Where the Department for Energy Security and Net Zero determines that the change would be a significant change they will refuse the application and serve a notice in writing on the applicant. Variations will be dealt with by the Department for Energy Security and Net Zero as quickly as possible, but 28 days should be allowed for the assessment of any significant changes.
Update or Variation:Update - change to PETS permit made after the application but before approval has been given.Variation - change to PETS permit made after approval has been given.Application for a variation or update should be made by clearly amending the previously submitted production operation permit via the Department for Energy Security and Net Zero portal.
What Would Constitute a Revision of Conditions:The Department for Energy Security and Net Zero will review and revise the conditions of a permit where in its opinion the pollution or risk of pollution caused by the use or discharge of an offshore chemical is of such significance that any existing restrictions on the quantity, frequency or location of the use or discharge of such offshore chemical contained in a permit need to be revised or new restrictions on the quantity, frequency or location need to be included in the permit.
Field Trials for New Chemicals:It is likely that field trials involving the use and discharge of new chemicals can be encompassed through a request for a variation to an existing permit since a field trial will have been planned. If there is any doubt about how this should be handled, then the operator and the chemical company are strongly advised to discuss the proposed field trial with the Department for Energy Security and Net Zero, Aberdeen and Marine Scotland or CEFAS (as appropriate) first.
Surrendering a Permit:An operator may by notice surrender a permit granted to him.

Snippets

Copper Anti-fouling Systems under Biocidal Products Directive:

A new legal requirement came into force under the EU Biocidal Products Directive 98/8/EC, prohibiting the supply and use of copper as a biocide when used in liquid-cooling and processing systems.
Copper is used offshore in a number of systems, e.g. sea water lift, fire water systems, injection systems, ballast systems and engine cooling HVAC cooling.
Although not an exhaustive list, oil and gas operators should check all systems/vessels/installations using copper anti-fouling systems, or when used as a biocide in liquid-cooling and processing systems.
Environmental Alert (001/2014) - PON1 Reporting:Issued by DECC (now Department for Energy Security and Net Zero) on 31 March 2014, this environmental alert (PDF document) highlights failures by a number of operators to comply with PON1 reporting requirements. Operators are reminded that in accordance with current reporting requirements, PON1s must be reported within 6 hours to:

  • Aberdeen Maritime Rescue Coordination Centre (MRCC) in addition to immediate telephone notification to the nearest MRCC Coastguard Station.

  • The Department for Energy Security and Net Zero; additional telephone notification is required to the Department for specific scenarios as detailed within the PON1 reporting guidance.

  • Joint Nature Conservation Committee (JNCC) and any relevant Statutory Nature Conservation Body (SNCB) in accordance with installation oil pollution emergency plan arrangements.


The Department for Energy Security and Net Zero regularly issues environmental alert notices in order to raise awareness of any environmental issues on the United Kingdom Continental Shelf (UKCS) so companies can respond appropriately. They are issued directly to Oil and Gas operators and published here.
Guidance on Biocide legislation - Getting on the list of active substance suppliers:

The European Chemicals Agency (ECHA) provides a useful guide on biocides legislation.


If chemical suppliers want to stay on the market with a biocidal product after 1 September 2015 they will need to get on the list of active substance suppliers (Article 95 of the Biocidal Products Regulation). ECHA provides a step by step guide on how to get on this list.
NSTA Enhanced Oil Recovery (EOR) StrategyThe NSTA has published its EOR Strategy which will play a role in maximising economic recovery of the UKCS.

Further details are available here.
NSTA to update the Petroleum Production Reporting System (PPRS)

In Q2 2017 the NSTA will update the PPRS by adding it to the Energy Portal, replacing the current PPRS 2000 system which collects monthly hydrocarbon production data from oil fields and terminal in the UK.
North Sea Transition Authority (NSTA) exploration strategyThe NSTA has published an exploration strategy which outlines the key strategies which will be used to underpin maximum economic recovery of the UKCS.
OPRED’s announcement regarding inactive OPRED applicationsOPRED has announced that it has officially revoked the PON15 application (PON15b, PON15c, PON15d and PON15f) application types from the UK Energy Portal.
Update on NSTA approach to licence amendments (July 2021)The NSTA has announced that they will now make licence amendments in the same way as was done pre-COVID.





Legislation

Legislation:
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed:The Petroleum Act, 1998 requires an application to be made to the Secretary of State for a Pipelines Works Authorisation to construct and use a submarine pipeline on the United Kingdom Continental Shelf.Although some information on chemicals may still included in the PWA application, use and discharge of chemicals is now covered by the Offshore Chemicals Regulations 2002 and a separate permit application is required.Emergency Pipeline Deposits - As part of standard pipeline operations, in order to allow urgent deposits to be made in emergency situations, an ‘Open Permission – Emergency Pipeline Deposit Template’ has been generated for PWA Holders.The ‘Open Permission’ requires the PWA Holder to complete the following template and submit it to the NSTA by 9am on the next working day following the emergency deposit. This needs to be submit to Claire Grant ([email protected]) at the NSTA.
How to Apply:An Application must be made using a pipeline operation application.Note: The new pipeline operation application will consist of two elements; the Master Application Template (MAT) and the Subsidiary Application Template (SAT). Completion of the MAT provides access to various SATs:
Who to Apply to:PETS applications must be submitted electronically to BEIS via the UK Oil Portal. Operators will need to be registered with BEIS for access to the Portal.To set up a UK Oil Portal Account, contact the BEIS OED Environmental Management Team at [email protected].Any problems with a PETS submission contact the BEIS OED EMT by email at [email protected]
When to Apply:At least 28 days prior to operation. Consultations with MS or CEFAS will be made by BEIS.
Requirements of the Regulations:Operators will need to assess the risks to the environment which might arise from their particular chemicals use and discharge. For some chemicals e.g. those on the OSPAR PLONOR list, assessment will be straightforward. Others will require a formal process of risk assessment, such as can be done using available risk assessment protocols such as the Osborne Adams calculation. In this process, the predicted environmental concentration (PEC), determined from a knowledge of individual substance or product chemistry and the conditions of use, is compared with the Predicted No-effect Concentration (PNEC) determined from toxicity tests conducted to agreed protocols. This allows more informed assessments of risk to local sensitivities to be made in particular use and/or discharge scenarios. Marine Licensing Exempt Activities - A list of exemptions to marine licensing has been published and it details activities exempt from marine licensing and which exemptions require the MMO to be notified and which exemptions require MMO approval. This includes ‘cables and pipelines – authorised emergency repair and inspection’ and ‘deposit of marine chemical and marine oil treatment substances’.

Performance Standards

Limits Placed on Disposal of Pipeline Chemicals:

Term permit for the discharge of chemicals from pipelines impose the following general duties:




  • Chemical concentrations measured at the point of discharge must not exceed the concentrations specified in the permit

  • Chemicals can only be discharged at the specified coordinates (latitude / longitude)

  • The discharge rate and volume of chemicals from the pipeline should not exceed the amounts stated within the permit

  • The chemicals can only be discharged at the water depth stated within the permit
UK National Plan for the phase-out of substances identified as candidates for substitution - in line with OSPAR Recommendation 2006/3:(The full text of the current UK National Plan for phase out can be found on the CEFAS website)

OSPAR Recommendation 2006/3 requires that as soon as is practicable and no later than 1 January 2017, Contracting Parties to OSPAR should have phased out the discharge of offshore chemicals that are, or which contain substances, identified as candidates for substitution except for those chemicals where despite considerable efforts, it can be demonstrated that this is not feasible due to technical or safety reasons. Demonstration of those reasons should include a description of those efforts.Having considered the requirements of OSPAR Recommendation 2006/3, the UK has decided to base its National Plan for the prioritisation of phase-out on the following criteria:

  • Perceived difficulty of phase out

  • Securing the replacement of candidates for substitution in preference to eliminating operational discharges to the marine environment

  • Prioritisation based on the persistence, bioaccumulation and toxicological properties of the chemical


The UK National Plan also incorporates justification of continued use and/or discharge as an additional element: for those substances where replacement and/or eliminating discharges to the marine environment is not currently feasible, offshore operators or their chemical suppliers will annually be required to:

  • Confirm the efforts made to phase out the use and/or discharge of the candidates for substitution

  • Confirm the nature and timing of planned research and development studies or trials to supplement those efforts conform whether any measures have been taken to reduce the use and/or discharge of the candidate for substitution

  • Confirm the technical and/or safety issues that make it necessary to continue use and/or discharge of the candidate for substitution


UK National Plan level criteria and interim target dates are (See the full text of the UK National Plan (PDF document) on the CEFAS website for definitions of persistence, bioaccumulating and toxicity):

  • Level 1 (highest priority)

    • Organic substances that are highly persistent, bioaccumulating and toxic

    • Chemicals to be replaced, or discharges to the marine environment to be eliminated or continued use and/or discharge to be formally justified by end December 2010.



  • Level 2

    • Moderately persistent, bioaccumulating and toxic, or

    • Highly persistent and bioaccumulating, or

    • Highly persistent and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by end December 2012.



  • Level 3

    • Moderately persistent and bioaccumulating, or

    • Moderately persistent and toxic, or

    • Bioaccumulating and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated and/or discharge formally justified by end December 2014.



  • Level 4 (lowest priority)

    • Highly persistent organic substances, or

    • Inorganic substances with toxicity <1mg/l

    • Chemicals to be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by end December 2016.
EC Regulation 1907/2006 (REACH):REACH deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances. The aim of REACH is to improve the protection of human health and the environment through the better and earlier identification of the intrinsic properties of chemical substances. At the same time, innovative capability and competitiveness of the EU chemicals industry should be enhanced.The benefits of the REACH system will come gradually, as more and more substances are phased into REACH. The HSE is the UK Competent Authority for REACH and is working closely with Defra plus other Government departments and Agencies on the policy/enforcement aspects. HSE enforces maritime Health and Safety Regulations which apply to offshore installations. To ensure a consistent regime, the offshore enforcement of REACH will be carried out by those who are familiar with enforcement requirements in similar circumstances to that required by REACH. Therefore, HSE and BEIS will enforce offshore the aspects of REACH relating to health/safety and environmental protection, using their respective onshore administrative procedures and offshore inspectors to check compliance with the relevant provisions. In this regard, BEIS sits on the REACH Enforcement Liaison Group (established by the HSE) to ensure that a proportionate and consistent method of enforcement is adopted.From an offshore environmental protection perspective, the OSPAR HMCS and REACH requirements will run in parallel, with the HMCS approach to controlling offshore chemicals being appropriately harmonised with the provisions of the EU Regulation. Accordingly, the UK REACH Enforcement Regulations contain certain provisions from, and makes references to, the OCR so effectively OCR (and hence the HMCS) will be the mechanism for supporting the application of the environmental protection elements of REACH to offshore installations. It should, however, be noted that BEIS’s regulatory regime for offshore chemicals does not extend to Scottish controlled waters and therefore, in so far as this area is concerned, REACH will be enforced by an authorised body (i.e. SEPA) on behalf of the Scottish Executive.REACH provisions will be phased-in over 11 years. Appendix 1 of the Guidance Notes on Reach addresses Specific REACH issues pertaining to the offshore sector. A Timetable of REACH Implementation (Word document) is available on the Government Website.

Sampling/Monitoring Requirements

Permit Conditions:It is likely that monitoring/sampling requirements will be imposed, but if they are this will be a part of the conditions attached to the Chemical Term Permit or Works Authorisation.

Reporting Requirements

What to Report:

Chemical Use and Discharge


Reports should be made on pipeline chemicals as required using the EEMS PermPipe form from the EEMS website.

Annual Progress Reports on Substitution Chemicals


Previously progress reports on substitution chemicals have only been requested for production chemicals (production operation permit). This reporting requirement is now extended to term permits. Reporting templates can be downloaded here (documents can be found under the reporting requirements section Offshore Chemicals Regulations 2002 (as amended)).

Reporting includes summary of chemicals replaced, summary of chemicals still to be replaced and justification for continued use and/or discharge. This guidance document explains the completion of reporting spreadsheets.

Emergency Pipeline Deposits

As part of standard pipeline operations, in order to allow urgent deposits to be made in emergency situations, an ‘Open Permission – Emergency Pipeline Deposit Template’ has been generated for PWA Holders.

The ‘Open Permission’ requires the PWA Holder to complete the following template and submit it to the NSTA by 9am on the next working day following the emergency deposit. This needs to be submit to Claire Grant ([email protected]) at the NSTA.
Who to Report to:Chemical Use and DischargeReports need to be made electronically on the EEMS website after each pipeline operation. BEIS will use EEMS reports to cross check against permit conditions to ensure compliance.

Annual Progress Reports on Substitution Chemicals


Reports need to be submitted to BEIS Environmental Management Team by email to [email protected]
When to Report:Chemical Use and Discharge  EEMS reports are to be submitted 28 days after operation completion.Annual progress reports are required to be submitted on or before 28 February of each calendar year.

Non Compliance

Non Compliance:Any non-compliance with permit conditions under the Offshore Chemicals Regulations (OCR) 2002 should be reported to OPRED via the Integrated Reporting Service (IRS) on the UK Energy Portal. If the IRS is unavailable, an OCR non-compliance notification form should be sent to OPRED. Examples of non-compliance may include, but are not limited to:

  • Identified over use of chemicals or use and/or discharge of chemicals not included on the permit.


In addition the form may be used to notify BEIS of any other applicable notifications specifically as required by the chemical permit conditions as appropriate.

Variations to chemical permits should be made before exceeding permit limits. Emergency approval of chemical use and/or discharge can be obtained out of normal office hours by contacting the BEIS Duty Officer - ask to be connected to the On-Call Response Office (Offshore Environmental Inspectorate). Guidance on emergency approval can be found in the Guidance Notes of the Legislation tab.

If a variation is not in place before the unpermitted use or discharge occurs, a non-compliance notification form should be submitted. It is an offence not to submit a non-compliance report if required.
Chemical spill:Any accidental spill of chemicals must be reported to BEIS using a PON1.
Inspections:At any reasonable time (or in a situation which in his opinion may give rise to a risk of significant pollution to the environment as a result of the use or discharge from an offshore source of an offshore chemical, at any time) the inspector may board any offshore installation to undertake inspections and investigations. The Offshore Oil and Gas Environment Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.
Enforcement and prohibition notices:BEIS, if of the opinion that the OCR 2002 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, BEIS may take action itself and recover reasonable costs back from the operator. If BEIS 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 chemical, BEIS 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.
False or Misleading Information:BEIS may by notice revoke a permit granted where they are of the opinion that the application for the permit in question contained any information or statement which was false or misleading in a material particular or where the operator in question has been guilty of a breach of any condition attached to the permit.
Offences:A person is guilty of an offence if he:

  • Uses or discharges any offshore chemical in the relevant area without a permit

  • Uses or discharges any offshore chemical in breach of the terms of any condition attached to any permit

  • Is seen by an inspector to use or discharge of an offshore chemical that involves a serious and imminent risk of pollution

  • Fails to supply any information required to be supplied by virtue of the terms of any permit granted under these Regulations

  • Knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement:

    • Is made in connection with or for the purposes of, any application for a permit, the renewal of a permit or the variation of a permit, or

    • Is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 16



  • Willfully obstructs an inspector, or

  • Without reasonable excuse fails to comply with an obligation imposed in pursuance of the regulations or prevents another person from complying with such a requirement.

Renewal and Variation

Permit Duration:Permits for pipeline chemicals will normally be issued for a specified period and are "Term Permits".
Renewal:This is not applicable as permits are issued for a specified permit. BEIS must be notified of any pipeline installation/commissioning schedule changes. If the permit expiry date is likely to be exceeded, a variation should be submitted in order to extend the permit, at least 2 weeks prior to the due date.
Update, Variation or New Permit:Applications need to be made to BEIS for a variation in the terms and conditions of a permit if there is any increase in the use and discharge of chemicals or changes in the chemicals used. All applications need to be considered by BEIS and MS (CEFAS in England and Wales).Update - change to permit made after the application but before approval has been given.Variation - change to permit made after approval has been given.

Application for a variation or update should be made by clearly amending the previously submitted pipeline operation application. A variation or update cannot be submitted once a Term Permit has expired, and a new application must be submitted. If submitting a variation, all sections should be completed describing any changes in chemical usage relating to the new works. Variations will be dealt with by BEIS as quickly as possible, but 28 days should be allowed for the assessment of any significant changes. Note: a variation cannot be submitted once a Term Permit has expired, and a new application must be submitted.

Snippets

Key Legislation:
Supporting Legislation:
Guidance:





Legislation

Key Legislation:
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

N/A

Performance Standards

CEFAS Ranked List:It is essential that the same name, as given in the CEFAS Ranked List or the relevant PETS permit, is used when reporting chemical spills, where applicable. Where a chemical is not on the CEFAS Ranked List or the permit because it is exempt from the Offshore Chemical Regulations 2002, this should still be reported as a chemical spill. However, if this is a largely oil based chemical, it should be reported as an oil spill not a chemical spill.
Reporting of Accidental Chemical spills:

All accidental chemical spills should be reported to OPRED via the Integrated Reporting Service (IRS) on the UK Energy Portal with a PON 1 submission. If the IRS system is unavailable, the PON1 – Proforma word document should be sent to OPRED. The HM Coastguard should also be telephoned where the release is > 1 tonne, within 40 km of the coast, exceeds telephone reporting threshold within the OPEP or if this the first report for an ongoing release. Guidance for the submission of a PON1 is available here.


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.


When the spill is large/significant/ongoing then the earliest possible notification is required as per the PON1 guidance. Where only a small spill has occurred, a fax report is required, and this should be submitted within 6 hours of the spill.


Where there is a risk of significant pollution from a chemical spill incident, OPRED will inform the Secretary of State Representative (SOSREP). The SOSREP has powers of intervention and may issue directions to contain or remove the pollution risk. If any directions issued have not been effective, the SOSREP can take any further action he feels necessary, including sinking or destroying all or part of an offshore installation or taking control of the installation.
Reporting of excursion to Chemical Permit:

Unscheduled operational discharge of chemicals or a discharge that is not undertaken in accordance with the conditions detailed in the permit application or a discharge that is undertaken for the purpose of securing the safety of any person (force majeure), should not be reported on the PON1.


In these cases, the Permit Condition non-compliance Notification Form (Word document) is to be used for reporting any identified non-compliances against Chemical Permit Conditions issued under the provisions of the Offshore Chemical Regulations 2002.

Sampling/Monitoring Requirements

Post-spill monitoring:Monitoring or sampling requirements may be imposed in the event of a major spill.

Reporting Requirements

See the Performance Standards tab for more information on the requirements of the PON1 reporting.

Non Compliance

Offshore Inspection:The Offshore Oil and Gas Environment Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement, including prosecution.
Non Compliance with permits:Under the Offshore Chemicals Regulations 2002 it is an offence to discharge chemicals above the permitted quantities or type of chemical. Any chemical excursion must be reported to the Department for Energy Security and Net Zero.
Failure to report a Spill:Failure to report an accidental spill is an offence.
Failure to comply with a Direction:Failure to comply with a direction given by the SOSREP under the Offshore Installations (Emergency Pollution Control) Regulations 2002 is an offence liable to a fine of £50,000 on summary conviction or on indictment to a fine.

Renewal and Variation

N/A

Snippets

Environmental Alert (001/2014) – PON1 Reporting:Issued by DECC (now Department for Energy Security and Net Zero) on the 31st March 2014, this environmental alert (PDF document) highlights failures by a number of operators to comply with PON1 reporting requirements.


Operators are reminded that in accordance with current reporting requirements PON1s must be reported within 6 hours to:

  • Aberdeen Maritime Rescue Coordination Centre (MRCC), in addition to immediate telephone notification to the nearest MRCC Coastguard Station.

  • Department for Energy Security and Net Zero; additional telephone notification is required for specific scenarios, as detailed in the PON1 reporting guidance.

  • Joint Nature Conservation Committee (JNCC) and any relevant Statutory Nature Conservation Body (SNCB), in accordance with the installation oil pollution emergency plan arrangements.


The Department for Energy Security and Net Zero regularly issues environmental alert notices to raise awareness of environmental issues on the United Kingdom Continental Shelf (UKCS) so companies can respond appropriately. They are issued directly to oil and gas operators and published here.
Provisional categorisation of liquid substances:A circular (PDF document) was issued in late 2011 by the International Maritime Organisation in accordance with regulation 6.3 of MARPOL Annex II, replacing all previously issued circulars under this title.
Storage of Diesel and Chemicals for Temporary Equipment Environmental Alert:Recent inspections of a number of installations by the Department for Energy Security and Net Zero representatives have found some installations using temporary equipment such as diesel generators and chemical pumps.


While in all cases management of change and/or risk assessment documentation had been completed and available for review for these temporary pieces of equipment, it was established that the storage and supply of the diesel and/or chemicals for the equipment and the associated potential for environmental incident had not been considered in all cases within the management of change/risk assessment documentation.





Legislation

Key Legislation:

European Union

Primary UK Legislation
Guidance Notes:

Consent Needed and How to Obtain It

Requirements for Consent:

Further information and guidance relating to the consent requirements for some of the most frequent activities which apply within the UK oil and gas industry for the protection of biodiversity interests can be found on the following tabs:




  • Seismic Survey - Acoustic Disturbance

  • Geological Survey - Habitats Directive

  • Environmental Impact Assessment - Offshore

  • Habitats Regulatory Assessment

  • European Protected Species (EPS) - Wildlife consents/licensing

Performance Standards

See specific topic pages for further details.

Sampling/Monitoring Requirements

N/A

Reporting Requirements

See specific topic pages for further details.

Non Compliance

See specific topic pages for further details.

Renewal and Variation

Not directly applicable.

Snippets

The Department for Energy Security and Net Zero are now undertaking a new Strategic Environmental Assessment (OESEA4) and expect a report to be published in 2021. This will enable future leasing for renewables, oil and gas, hydrocarbon and carbon dioxide gas storage and offshore hydrogen production.

A Scoping Report has been released for consultation in March 2021. Details are available here.

Conservation 21: Natural England’s Conservation Strategy for the 21st CenturyThis strategy outlines how Natural England will protect England’s nature and landscapes for people to enjoy.
Dungeness, Romney Marsh and Rye Bay potential Special Protection Area: comment on proposalsNatural England is seeking views on the proposal to create a new Special Protection Area (SPA) marine site by changing the boundary of the existing SPA to protect important birds.
Greater Wash potential Special Protection Area: comment on proposalsNatural England and the Joint Nature Conservation Committee are seeking views on the proposal to create a new Special Protection Area (SPA) marine site to protect important birds.
Harbour porpoise marine protected sites submitted to EuropeFive harbour porpoise Special Areas of Conservation (SACs) have been approved by the relevant UK governments and following submission to Europe on the 31st January 2017 are now considered candidate SACs (cSACs).
Harbour Porpoise ProtectionThe Inner Hebrides and Minches Special Area of Conservation has been designated to protect the harbour porpoise, a European Protected Species.
Irish Sea Front marine Special Protection Area (SPA)The Irish Sea Front marine SPA has been designated as an SPA.  It is designated to protect foraging grounds of the Manx Shearwater.

Key Organisations:


Key organisations involved in protection and enhancement of biodiversity include:

Offshore MPA Site Information Centres now live


SICs are a one-stop-shop for all relevant information on offshore MPAs. They include detailed sections on: • The site and its protected features, complete with an interactive image gallery • Evidence underpinning the protected features present at a site • Conservation objectives and advice on operations • JNCC’s understanding of activities taking place within the site • Information on site management There are also sections to house information on results of monitoring and assessment studies as these become available. SICs are of use to industry, regulators, competent authorities, academics, conservationists and everyone who is interested in marine life. They are available via our marine protected area homepage . Simply click on a region in the map to bring up available SICs for that area. Alternatively, you can open up a navigation page for all SICs using our offshore MPAs page.

New marine draft Special Protection Areas being considered by Scottish Government


The draft SPAs that are being considered have been identified based on many years of research on marine birds carried out largely by JNCC. These include two locations which are primarily in offshore waters (beyond 12 nautical miles from coast) where JNCC has the advisory role, and twelve locations in inshore waters (up to 12 nautical miles) where Scottish Natural Heritage (SNH) leads on advice. The offshore locations are in the seas around St Kilda and Foula and support a combined seven species of seabird in important numbers, including Northern gannet (almost 2/3rd of the world population breed in Scotland), and the iconic puffin.

Wild Salmon Conservation


Following extensive consultation Environment Minister Aileen McLeod has confirmed a number of changes to regulate the killing of wild salmon in Scotland. The measures will come into force on April 1. Key aspects are:• Killing outwith estuary limits will be prohibited for three years due to the mixed stock nature of the fishery and limited data on the composition of the catch • The killing of Atlantic salmon in inland waters will be managed on an annual basis by categorising fishery districts by their conservation status • Requirement for a Conservation Plan irrespective of the conservation statusThe new regulations will take effect from April 1, 2016, running on immediately from the existing spring conservation regulations which conclude on March 31.

OSPAR's Network of Marine Protected Areas


Since 2005, all 12 Contracting Parties (CPs) bordering the North-East Atlantic have nominated sites to the OSPAR Network of Marine Protected Areas (MPA) both in their national waters as well as collectively in areas beyond national jurisdiction. By the end of 2015, the network comprised 423 MPAs with a total surface area of 789,125 km2 or 5.8 % of the OSPAR Maritime Area.
Liverpool Bay / Bae Lerpwl Special Protection Area extension: comment on proposalsNatural England, Joint Nature Conservation Committee and Natural Resources Wales are seeking views on proposed changes to Liverpool Bay / Bae Lerpwl Special Protection Area (SPA).
Loch Sunart to the Sound of Jura Marine Conservation Order SSI 2016/90This Order will come into force on 23rd March 2016 and will affect Scotland only. The primary legislation is the Marine (Scotland) Act 2010. The seabed and subsoil and all of the water covering the seabed within the Loch Sunart to the Sound of Jura Marine Protected Area (MPA) are protected by this suborder. Fishing gear must not be deployed within the protected area. This Order revokes the Inshore Fishing (Prohibited Methods of Fishing (Firth of Lorn) (No. 2) Order SSI 2007/240.General information is available here.
Marine Conservation PlansThe Marine Conservation Plans consultation has concluded and the outcome documents and decisions are now available here.
Marine Conservation Zones:

The first Marine Conservation Zones (MCZs) were established in 2013 under the Marine and Coastal Access Act 2009, with further MCZs planned for establishment by 2017. Twenty-seven sites were designated within the Defra marine area, five of which are offshore.


Defra have published a PDF document outlining plans for the second tranche of MCZs and sites being considered as candidates.
Marine Conservation Zones: Offshore BrightonInformation on the Marine Conservation Zone (MCZ) designation at Offshore Brighton in the south east of England has been released by DECC, DEFRA, Natural England and JNCC. This MCZ was announced on the 17th January 2016 and is a deep water site in the mid English Channel (link here).
Marine Conservation Zones: Offshore OverfallsInformation on the Marine Conservation Zone (MCZ) designation at Offshore Overfalls in the south east of England has been released by DECC, DEFRA, Natural England and JNCC. This MCZ was announced on the 17th January 2016 and is an offshore site located approximately 18 km east of the Isle of Wight (link here).
Marine Management Organisation - Marine protected areas (June 2014):(applied to England only)The Marine Management Organisation has produced a table providing a high-level view for all European marine sites in English waters and shows any management actions in the sites. Click here for more information.
Marine Protected Areas: strategic management tableThe Marine Management Organisation (MMO) have published a high level view of European marine sites and the first tranche of Marine Conservation Zones (MCZs) in English waters, including some current actions on site management here.
MMO publishes new marine evidence report:

The Marine Management Organisation (MMO) reports on co-location were published in May 2013. Both publications are part of the MMO’s work to identify and fill gaps in knowledge that marine planners, regulators and users currently face.


The co-location report (Evaluation of the potential for co-location of activities in marine plan areas) reviews theoretical and practical examples of co-location. It presents a matrix that enables a high-level screen of the potential for activities to co-locate, primarily focusing on physical compatibility and the levels of management required facilitating successful co-location. It also proposes a framework to assess socio-economic considerations of co-location.


The report is the first step in on-going work, co-ordinated by the MMO, that will enable practical application of co-location principles within marine plans, incorporating social, economic and environmental considerations, enabling a more effective use of our marine space and resources.
New sites designated in Scottish watersScottish Ministers have announced the designation of 12 inshore and offshore Special Protection Areas (SPAs) and four inshore Marine Protected Areas (MPAs) in Scottish waters.
New marine draft Special Protection Areas being considered by Scottish Government:

The draft SPAs that are being considered have been identified based on many years of research on marine birds carried out largely by JNCC.
New Marine Protected Areas designated to help contribute towards safeguarding Scotland's seas:It was announced on 24 July 2014 that 30 MPAs have been designated under the Marine (Scotland) Act and the UK Marine and Coastal Access Act. These will be incorporated into the National Marine Plan and represented in National Marine Plan interactive alongside existing protected areas. More information can be found on the JNCC website and the Scottish Government.
Offshore MPA Conservation adviceSite Information Centres (SICs) are used to deliver conservation advice for offshore Marine Protected Areas (MPAs).  The status of updated conservation advice is available here.
OSPAR Intermediate Assessment 2017The OSPAR Commission has launched an Intermediate Assessment on the state of the north-east Atlantic marine environment and the pressures resulting from marine activities.
Review of marine biodiversity assessment obligations in the UK (2014):

JNCC Report No: 497


Review of marine biodiversity assessment obligations in the UK. This paper investigates and analyses several national and international legislative and policy instruments, including obligations to assess biodiversity in both Marine Protected Areas (MPAs) and the wider environment.
Solway Firth potential Special Protection Area: comment on proposalsNatural England and Scottish Natural Heritage are seeking views on the proposal to extend an existing Special Protection Area (SPA) to create the Solway Firth SPA to protect important birds.
Ten Year Health Check for UK’s most important bird sitesThe JNCC has submitted a review of the important UK bird species status with respect to the Special Protection Areas (SPAs) designated to protect them.
The East Inshore and East Offshore Marine Plans (April 2014)(applies to England only)

The first marine plans for England were published on 2 April 2014. The East Inshore and East Offshore Marine Plans provide guidance for sustainable development in English waters, and cover the coast and seas from Flamborough Head to Felixstowe.Marine plans will inform and guide decisions on development in marine and coastal areas, while conserving and enhancing the environment and recognising leisure uses too. This should reduce costs and increase certainty for developers, boosting economic and employment benefits for coastal communities and beyond.
The OSPAR Data and Information Management System (ODIMS)The OSPAR Data and Information Management System (ODIMS), is now live. ODIMS is OSPAR’s one-stop online geoportal providing access to OSPAR data and associated metadata.  It is available here.
Wester Ross Marine Conservation Order SSI 2016/88

This Order will come into force on 23 March 2016 and applies to Scotland only. The primary legislation is the Marine (Scotland) Act 2010. The seabed and subsoil and all of the water covering the seabed within the Wester Ross MPA are protected by this suborder. Fishing gear must not be deployed within the protected area (exceptions apply). This Order revokes the Wester Ross Marine Conservation Order SSI 2015/302 and amends the Inshore Fishing (prohibition of Fishing and Fishing Methods) (Scotland) Order SSI 2004/276.General information is available here.
Wildlife Licensing: comment on new policies for European Protected Species

Natural England is seeking views on whether four new policies could be permitted under licence to benefit European Protected species whilst improving flexibility for development (link here). Consultation document is available here.





Legislation

Key Legislation and Guidance:
Supporting Legislation:

Consent Needed and How to Obtain It

N/A

Performance Standards

N/A

Sampling/Monitoring Requirements

N/A

Reporting Requirements

N/A

Non Compliance

N/A

Renewal and Variation

N/A

Snippets

N/A




Legislation

Key Legislation:
Guidance Notes:

  • The Department for Energy Security and Net Zero Note on Deposit of Stabilisation and Protection Materials (new replacement guidance pending).


This Guidance Note offers an update to the oil and gas sector on the UK marine planning process with a focus on environmental impact assessments (EIAs) associated with decommissioning activities within a marine plan area.

Consent Needed and How to Obtain It

Consent Needed:A FEPA Licence is no longer required for deposit of stabilisation or protection materials related to decommissioning operations. A Marine Licence will be required for all decommissioning activities which include any deposits, removal of infrastructure or seabed disturbance during operations.
How to Apply:Marine Licences may be applied for:

  • individual activities as a standalone application; or

  • a group of activities as a Subsidiary Application Template (SAT) under a Master Application Template (MAT)
Who to Apply to:Submissions should be made via the UK Oil Portal
When to Apply:At least 28 days prior to the start date of the proposed operations.

Performance Standards

N/A

Sampling/Monitoring Requirements

N/A

Reporting Requirements

N/A

Non Compliance

What to do if in Breach of Consent/Authorisation:Consent stipulates that if the Secretary of State is of the opinion that the deposited materials are causing, or are likely to cause, obstruction or hazard, the SoS may require the removal of those materials.

Renewal and Variation

Licence duration:Licences will be valid for a maximum period of one year, but operators will be able to apply to renew licences that cover a range of activities.

Snippets


Alignment for Decom North Sea and Oil and Gas UK


UK offshore oil and gas industry trade bodies Oil & Gas UK and Decom North Sea are to align on key areas to deliver a more efficient and effective decommissioning agenda for the North Sea. More information available here.
Decommissioning Delivery ProgrammeThe Decommissioning Delivery Programme focuses on three key priorities:

  • Cost certainty and reduction

  • Decommissioning delivery capability

  • Decommissioning scope, guidance and stakeholder engagement
Decommissioning workshop outputs are now available on the OGA websiteDecommissioning workshop outputs are now available on the OGA website. Themes include delivering capability and decommissioning scope and practice.
Growing Market for Decommissioning in NorwayGrowing market for Decommissioning in Norway evident from Oil and Gas UK forecast (link here)
OGA Decommissioning StrategyThe Oil and Gas Authority (OGA) has published its Decommissioning Strategy, the first of a series of strategies that it plans to issue. Further details are available here.
Sampling and analysis changes for marine licence applications:From 6 April 2014 all sampling and sediment analysis to support a marine licence application needs to be undertaken before the application is submitted to the Marine Management Organisation. The analysis also needs to be included as part of the application. Further details available here.
Stakeholder Engagement During Decommissioning ActivitiesIn April 2013 Oil & Gas UK produced updated guidelines for stakeholder engagement during decommissioning activities. The guidelines were first published in 2006 but have been updated to reflect experience in recent decommissioning projects.





Legislation

Key Legislation:
Supporting Legislation:

Waste Management
Guidance:

Consent Needed and How to Obtain It

Consent Needed:

Decommissioning Programme


Approval of the Decommissioning Programme from the regulatory authority is needed.

Section 29 of the Petroleum Act 1998 enables the Secretary of State to serve notices requiring the recipient to submit a costed Decommissioning Programme for his approval at such future time as he may direct. The programme (referred to in the 1998 Act as an “abandonment programme”) should contain the measures proposed to be taken in connection with the decommissioning of an installation or pipeline. Equivalent Notices previously served under section 1 of the 1987 Act will continue to be valid.

Other Consents and Permits


Marine and Coastal Access or Marine Scotland Act Licence is required for all decommissioning operations and most operations will include a range of activities requiring licences. Operators will be able to apply for licences for individual activities, or to apply for licences to cover a range of activities.

A Chemical Permit under the Offshore Chemical Regulations 2002 is also required for the use or discharge of any chemical during decommissioning.

The existing OPPC field permit for the platform may be used to discharge/re-inject materials containing oil. If this permit has ended then a term permit will be required from the Oil Pollution Prevention and Control Regulations (OPPC) (see Produced Water or Produced Sand/Scale).

Decommissioning activity may be incorporated into existing OPEP or a decommissioning OPEP produced (see Oil Pollution Emergency Planning).

If the coral Lophelia pertusa is present on an installation located outside territorial waters that is being transported to the UK or elsewhere, a CITES certificate will be required from Defra.

A Marine and Coastal Access or Marine Scotland Act Licence is required for deposit of stabilisation or protection materials related to decommissioning operations (see Decommissioning Deposits).

A Wildlife Licence (see Performance Standards tab) may be required, depending on specific decommissioning activities being undertaken.

Additional authorisations for radioactive related issues may be required, depending on specific decommissioning activities being undertaken (see LSA and Radioactive Waste).

There are specific requirements around navigation issues under the Coast Protection Act - see Decommissioning - Navigation.

Operations Notice 6: Reporting of Offshore Installation Movements

Offshore Major Accident Regulator (OMAR) (Previously the Offshore Safety Directive Regulator (OSDR)) has issued an updated version of Operations Notice 6. This replaces the previous version which was issued by the Health and Safety Executive (HSE).

The update provides guidance for reporting of offshore installation movements and has been revised to update contact address details and to account for legislative changes (e.g. EU Directive 2013/30 on safety of offshore oil and gas operations).
How to Apply:Subsequent to the submission of draft copies of the Decommissioning Programme and the associated periods of consultation, six copies of the final draft copy of the Decommissioning Programme should be sent to the Department for Energy Security and Net Zero. If applying for a derogation then the Department for Energy Security and Net Zero will advise on the subsequent steps needed for consultation with OSPAR parties. In addition to the Decommissioning Programme, Operators must apply for new (and/or vary/surrender existing) permits/consents following the specific procedures for the individual permits/consents. The application process for licences under the MCAA and MSA is not yet known. The Department for Energy Security and Net Zero guidance has been drafted and is awaiting issue.
Who to Apply to:Documents should be marked for the attention of the Head of the Offshore Decommissioning Unit and be addressed to: The Department of Energy and Climate Change
Atholl House
86-88 Guild Street
Aberdeen AB11 6ARIt is the Department for Energy Security and Net Zero's intention that applications will eventually be administered through the UK Oil Portal. In addition to the Decommissioning Unit, Operators must apply to the relevant departments/organisations for new or variations to/surrender of existing permits/consents. The application process for licences under the MCAA and MSA is not yet known. The Department for Energy Security and Net Zero guidance has been drafted and is awaiting issue. Any queries in the meantime should be direct to the Department for Energy Security and Net Zero Oil & Gas Environmental Management Team by email to [email protected]
When to Apply:Discussions should commence well ahead of forecast cessation of operations. In the case of a large field with multi-facilities this may be three years or more in advance. See: "Timing of Preparation of Decommissioning Programme" under the Performance Standards tab. The application process for licences under the MCAA and MSA is not yet known.

Performance Standards

OSPAR Recommendation 2006/05:The Cuttings Pile Management Regime as set out by OSPAR Recommendation 2006/05 is divided into two stages. Stage 1 involves initial screening of all cuttings piles. This should be completed by June 2008. The Recommendation outlines the following for Stage 1:

  • Contracting Parties should require that all cuttings piles are screened, using existing information and relevant research, to identify those that require further investigation.

  • Where water-based drilling fluids were used and no other discharges have contaminated the cuttings pile, no further investigation is necessary.

  • Where organic-phase drilling fluids (OPF) were used and discharged or other discharges have contaminated the cuttings pile, the following process should be completed:

    • Contracting Parties should require that the rate of oil loss and the persistence over the area of seabed contaminated are assessed using existing evidence where this is sufficient to carry out this process, and undertaking the relevant research where more information is needed.

    • The rate of oil loss should be assessed on the basis of the quantity of oil lost from the cuttings pile to the water column over time. The unit used should be tonnes per year (tonnes/yr).

    • The persistence should be assessed on the basis of the area of the seabed where the concentration of oil remains above 50 mg/kg and the duration that this contamination level remains. The unit used should be square kilometre years (km2yrs).



  • The results of this process should be compared against the following thresholds:

    • Rate of oil loss to water column: 10 tonnes/yr.

    • Persistence over the area of seabed contaminated: 500 km2 year (note: a persistence of 500 km2yr could mean an area of 1km2 is contaminated for 500 years or an area of 500 km2 is contaminated for 1 year).



  • Where both the rate and persistence are BELOW the thresholds and no other discharges have contaminated the cuttings pile, no further action is necessary and the cuttings pile may be left in situ to degrade naturally.

  • Where either the rate of oil loss or the persistence are ABOVE the thresholds, stage 2 should be initiated at a time to be determined by the Contracting Party, taking into account the rate of oil loss, the persistence over the area of seabed contaminated and the timing of the decommissioning of the associated installation.


Stage 2 involves a BAT and/or BEP assessment and should, where applicable, be carried out in the time frame determined in Stage 1.
Requirement to Remove:

Under the terms of Decision 98/3, which entered into force on 9 February 1999, there is a prohibition on the dumping and leaving wholly or partly in place of offshore installations. The topsides of all installations must be returned to shore. There is a presumption in favour of land disposal and all installations with a jacket weight less than 10,000 tonnes must be completely removed to shore.


The Decision recognises that there may be difficulty in removing the 'footings' of large steel jackets weighing more than 10,000 tonnes and in removing concrete installations. As a result, there are derogations possibly available from the main rule for these categories of installations. It has been agreed that these cases should be considered individually to see whether it might be appropriate to leave the footings of large steel installations or concrete structures in place. Nevertheless, there is a presumption that they will all be removed entirely and exceptions to that rule will only be granted if the assessment and consultation procedure which forms part of the OSPAR Decision shows that there are significant reasons why an alternative disposal option is preferable to reuse or recycling or final disposal on land. Any installations that were positioned after 9 February 1999 must be completely removed.


The Revised Guidance Notes on the Decommissioning of Offshore Oil and Gas Installations and Pipelines provide guidance on the decommissioning requirements which apply, in accordance with the requirements of the OSPAR Decision 98/3, to the various types of installation located on the UKCS.
Habitats Directive and Birds Directive:The Department for Energy Security and Net Zero is obliged to take proper account of the obligations stemming from the Birds and Habitats Directives to protect and conserve the marine environment. A number of offshore sites have been designated as draft or possible SACs (see JNCC website).Where the Secretary of State considers that there may be a significant effect on the conservation objectives, they may require a Habitats Regulatory Assessment to be undertaken.If this is the case, JNCC will recommend that, as competent authority, Department for Energy Security and Net Zeroundertakes a screening for Habitats Regulatory Assessment (SHRA) or a full Habitats Regulatory Assessment (HRA). The ES or drilling permit (DRA) should contain adequate information to enable the Department for Energy Security and Net Zero to undertake the assessment. EU Guidance on Habitats Regulatory Assessment (PDF document) can provide guidance on the process, in particular Annex 2.
Assessment of Disturbance of Marine European Protected Species:Under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2009 (as amended), a person is guilty of an offence if he:

  • deliberately captures, injures, or kills any wild animal of a European protected species, or

  • deliberately disturbs wild animals of any such species.


Disturbance of animals includes in particular any disturbance which is likely to:
(a) impair their ability:

  • to survive, to breed or reproduce, or to rear or nurture their young, or

  • in the case of animals of a hibernating or migratory species, to hibernate or migrate, or


(b) to affect significantly the local distribution or abundance of the species to which they belong.

Marine European Protected Species (EPS) includes all species of cetaceans, all species of marine turtles and sturgeon.

The onus is on the developer carrying out an activity to:

  1. Assess the likelihood of committing a disturbance offence

  2. Consider the need for mitigation measures

  3. Decide whether to apply for a Wildlife Licence.


A description of the assessment of the likelihood of committing a disturbance offence must be included in the PON14A application. Guidance on undertaking such an assessment is included in the JNCCs. The protection of marine European Protected Species from injury and disturbance for England, Wales and the UK offshore marine area. This document is currently being updated by the JNCC and a link will be provided once the document is released.
Wildlife Licences:If there is a risk which cannot be removed or sufficiently reduced by the taking of mitigation measures then a Wildlife Licence may be required to be granted by the regulatory authorities for a number of "purposes". Purposes include "over-riding public interest" and "scientific and educational purposes". Licences can however only be issued where there is no satisfactory alternative. It is expected that the majority of activities will not require a Wildlife Licence since their potential for disturbance will fall below the threshold of the office in the Regulations. More information can be obtained from the JNCC website.

Revisions to wildlife licenses effective from 1 January 2015 (England only)


Changes to general and class licence updates have been implemented after Natural England's public consultation in 2014. From 1 January 2015, a licensee must make sure that they are operating under the conditions of these updated licences (as detailed here).
Public Participation Directive:The Public Participation Directive (PPD) requires a number of aspects of public notification and consultation:



    • An outline of main alternatives (if any) should be included in permit applications

    • The public should be notified and made aware of any decisions making available relevant consents and permits with the reasons and considerations on which decisions have been based

    • Public notification at the earliest possible time where the information can be provided on the nature of possible decisions

    • Making available within time frames the necessary reports, advice issued to the regulator in accordance with legislation when applications were made and information relevant to a decision which only became available after advertisement of an application
Timing of Preparation of Decommissioning Programme:Discussions should commence well ahead of forecast cessation of operations. In the case of a large field with multi-facilities this may be three years or more in advance.At a mutually agreed time, following preliminary discussions, the operator should submit to the Department for Energy Security and Net Zero23 copies of a first draft of a Decommissioning Programme. Copies of the draft programme will be distributed by the Department for Energy Security and Net Zero to other Government Departments and Agencies. Submission in CD ROM form is the preferred method, although one paper copy will also be required. Four paper copies will be required when the holders of Section 29 notices are directed formally to submit the Decommissioning Programme. At the same time the Department for Energy Security and Net Zero will agree with the Operator a timetable for considering the draft programme and submitting it for approval by the Secretary of State.  The Department for Energy Security and Net Zero will use its best endeavours to complete the consideration of the draft Decommissioning Programme within 10 weeks. The Offshore Decommissioning Unit will act as a one-stop-shop, co-ordinate all comments on the draft and submit a written response to the operator. Further meetings with Government Departments may be necessary at this stage to discuss whether additional information and amendments to the draft programme may be required.It is important that sufficient time is allowed for the proper consideration of the proposals in a Decommissioning Programme. In the majority of cases only one draft of the Decommissioning Programme will be necessary. However in those cases involving installations that are candidates for derogation under OSPAR Decision 98/3 it is likely that more than one draft will be required.For derogation cases, the Department for Energy Security and Net Zero will still aim to comment on the consultation draft of the decommissioning programme within 10 weeks. However, given the complexities of a derogation case this process may take longer to complete. At the same time as submitting the draft to the Department for Energy Security and Net Zero, the Operator should commence statutory consultations and announce the proposals in the Press and on the Internet. The outcome of these consultations should be reviewed with the Department for Energy Security and Net Zero and details included in a post consultation draft of the decommissioning programme along with any comments received from the Department for Energy Security and Net Zero in response to the Government consideration of the draft. Having received the updated draft of the decommissioning programme the Department for Energy Security and Net Zero should be satisfied that there are sufficient grounds to initiate consultations with other OSPAR Contracting Parties on the intention to issue a permit allowing derogation from the terms of OSPAR Decision 98/3. When submitting the Decommissioning Programme for approval, the outcome of the OSPAR process should be reflected in the document.
Consultations:At the point at which the draft Decommissioning Programme is submitted to the Department for Energy Security and Net Zero, the Operator should commence statutory consultations as required under section 29(3) of the Petroleum Act 1998. These consultations will be with the representatives of those parties who may be affected by the decommissioning proposals such as the fishing industry. Details of the statutory consultees will be specified in a notice/letter issued under Section 29 of the Act. A list of the parties normally included is provided in an annex of the Department for Energy Security and Net Zero Decommissioning Guidance (see the Guidance section under the Legislation tab). The Statutory Consultees should normally be given 30 days in which to comment. The operator will also be asked to announce its proposals by placing a public notice in appropriate national and local newspapers and journals and to place details on the Internet. This notice should indicate where copies of the draft Decommissioning Programme can be viewed and to whom representations should be submitted. A standard form of notice including appropriate publications can be provided by the Department for Energy Security and Net Zero. Hard copies of the draft programme should be made available at the Operator's offices and a copy can be placed on the Internet. At the same time the Department for Energy Security and Net Zero will indicate on its website that the Decommissioning Programme has been issued for consultation. The results of consultations should be reviewed with the Department for Energy Security and Net Zero and reported in the Decommissioning Programme when it is submitted for approval. This can be best achieved by appending to the programme the correspondence with interested parties and by indicating the extent to which their views have been taken into account. In the more complex cases, which require assessment in accordance with the procedures set out in OSPAR Decision 98/3 (i.e. where whole or part of the installation is to be left in place), operators will need to develop and manage a wide-ranging public consultation process. The form and timing of this process should be discussed with the Department for Energy Security and Net Zero. Such a process may take up to 12 months, and should commence at an early stage. If this in turn leads to a decision to seek a derogation under the OSPAR Decision, it will be necessary for the Department for Energy Security and Net Zero to consult the other OSPAR Contracting Parties. Annex 3 to the Decision sets out the required consultation process, which may take up to eight months to complete. The Department for Energy Security and Net Zero will be responsible for submitting the case for derogation to the OSPAR Secretariat but the Operator will be asked to prepare a document that supports this case. The contents of this derogation document should be discussed with the Department for Energy Security and Net Zero. It should be based on the draft decommissioning programme, but should only contain those factors that are relevant to the derogation case. Preparation of the derogation document would normally commence at the time of submission of the post statutory consultation draft of the decommissioning programme.  Sufficient copies will be required for distribution to all of the OSPAR Contracting Parties.
Content of the Decommissioning Programme:A Decommissioning Programme will typically contain the following sections:Section 1 – Introduction
Section 2 – Executive Summary
Section 3 – Background Information
Section 4 – Description of Items to be Decommissioned
Section 5 – Inventory of Materials
Section 6 – Removal and Disposal Options
Section 7 – Selected Removal and Disposal Option
Section 8 - Wells
Section 9 – Drill Cuttings
Section 10 – Environmental Impact Assessment
Section 11 – Interested Party Consultations
Section 12 - Costs
Section 13 - Schedule
Section 14 – Project Management and Verification
Section 15 – Debris Clearance
Section 16 – Post Decommissioning Monitoring and Maintenance
Section 17 – Supporting Studies
Section 18 – Structure of Combined Decommissioning Programmes
Treating, keeping and disposing of waste:The Environment Agency (in England and Wales) and the Scottish Environment Protection Agency (in Scotland) are responsible for administering and enforcing the waste management controls. Anyone who deposits, recovers or disposes of waste must do so in compliance with the conditions of a waste management licence, or within the terms of an exemption from licensing, and in a way which does not cause pollution of the environment or harm to human health. Any Operator planning to carry out any decommissioning or an associated activity involving waste should contact the relevant Agency. The Agencies are finalising separate guidance for industry on the treating, keeping and disposing of wastes at the decommissioning stage. This guidance will be available from the Environment Agency and the Scottish Environment Protection Agency. The disposal of materials onshore must comply with the relevant pollution prevention and waste requirements. Movements of waste from the UKCS to other Member States and Non-Member States are deemed to be a transboundary movement and are therefore subject to transfrontier regulations.
Navigation and Marking of Remains (where installation left partly or wholly in place):There are specific requirements for Hydrographic Office notifications and marking of remains.

Sampling/Monitoring Requirements

Pre-decommissioning survey requirements:Surveys around an installation to establish an environmental baseline may need to be undertaken before decommissioning if relatively recent survey data does not already exist. It should be noted that existing or proposed baseline surveys should be comparable to those requirements for post decommissioning environmental seabed sampling surveys (see below).Precise survey requirements will differ according to individual conditions.  Discussions on what may be required in an individual case should be held with the Department for Energy Security and Net Zero's Offshore Decommissioning Unit before an Operator develops this part of the survey strategy. All survey requirements should be fully understood before any pre-decommissioning surveys are scoped. Surveys should generate the data required to support assessment of any drill cuttings piles present and should also include provisions to identify the presence of the cold water coral Lophelia pertusa (including its presence on the installation substructure) and the reef forming work Saballaria. It is also prudent to use pre-decommissioning surveys to identify the amount of marine growth present on the installation substructure as this will inform the removal/disposal strategy for decommissioning.
Where the installation has been completely removed:Upon completion of decommissioning operations, appropriate surveys should be undertaken to identify and recover any debris located on the seabed, which has arisen from the decommissioning operation or from past development and production activity. The area to be covered is likely to vary from case to case but the minimum required will be a radius of 500 metres around the location of the installation or any remains.Following the removal of any debris, independent verification of seabed clearance should be obtained. The usual method of achieving this is to engage a fishing vessel to carry out a trawl of the area and to issue a certificate of seabed clearance. Any debris removal activities and any subsequent trawl of the area will need to take account of the presence of drill cuttings.In addition to debris surveys, a post-decommissioning environmental seabed sampling survey should be undertaken to monitor levels of hydrocarbons, heavy metals and other contaminants in sediments and biota.A survey strategy should be developed in consultation with the Department for Energy Security and Net Zero who will in turn take advice from other Government Departments and Agencies with an interest such as the Fishery Departments. Details of the survey strategy should be included in the Decommissioning Programme.In most cases a second survey will need to be carried out at some time after the post-decommissioning survey. Any further surveys will depend on the results of earlier survey work and the circumstances of each case.
Where installation is left partly or wholly in situ:In addition to the debris clearance and environmental survey requirements described above, where installations are left partly or wholly in situ, additional monitoring requirements will be required as described below.If it is agreed that a concrete installation or the 'footings' of a steel installation should be left in place the condition of the remains will have to be monitored at appropriate intervals by the owners. A suitable monitoring regime should be agreed with DECC who will consult with other interested Government Departments and Agencies. Details of the monitoring regime should be specified in the Decommissioning Programme.The form and duration of the monitoring programme will depend upon the particular circumstances and if necessary will be adapted with time.In accordance with Annex 4 to the OSPAR Decision (which sets out the conditions to be attached to any permits granted in accordance with the Decision), the first step in any monitoring programme has to be undertaken before decommissioning operations begin. Annex 4 requires independent verification that the condition of the installation before the disposal operation commences is consistent with both the terms of the Secretary of State's approval and the information upon which the assessment of the proposed disposal is based. This will include details of the fate of any hazardous substances. The approach to this requirement will be addressed on a case by case basis. It will be for the Operator to propose a suitable organisation to carry out the independent verification.For any remaining structures, certain aspects of the IMO Guidelines and Standards will still be relevant:

  • Any disused installation or structure, or part thereof, which protudes above the surface of the sea, should be adequately maintained.

  • An unobstructed water column of at least 55 metres must be provided above the remains of any partially removed installation to ensure safety of navigation.

  • The position, surveyed depth and dimensions of any installation not entirely removed should be indicated on nautical charts and any remains, where necessary, properly marked with aids to navigation.

  • The person responsible for maintaining any aids to navigation and for monitoring the condition of any remaining material should be identified.

  • The liability for meeting any claims for damages, which may arise in the future, should be clear.

Reporting Requirements

Close Out Report:At the conclusion of decommissioning operations, the Operator will be required to satisfy the Department for Energy Security and Net Zero that the approved Decommissioning Programme has been implemented. This will involve the submission of a close out report within four months of the completion of offshore work. This report will include results of the debris clearance and post decommissioning surveys.The report should explain major variations from the decommissioning programme and should summarise the following:

  • Information on the outcome of the decommissioning programme as a whole.

  • An explanation of any major variances from the programme.

  • The results of debris clearance and any monitoring undertaken. Any independent verification (e.g. seabed clearance certificates) should be attached.

  • The results of the post-decommissioning environmental sampling survey. If necessary update the schedule for future environmental monitoring or monitoring of items left in place with reasons for the changes.

  • Measures taken to manage the potential risks arising from any legacies, including participation in the Fisheries Legacy Trust Company, confirmation of marking any remains on mariners charts, inclusion in the ‘Fishsafe’ system and installation of navigational aids.

  • Provide high level summary of actual costs and a general explanation of any difference against forecast costs.


Following the submission of the Close-out Report to the Department for Energy Security and Net Zero, the Operator will be asked to place a copy on their website.
Where Installation is Left Partly or Wholly In Situ:Inspection reports (as agreed with the Department for Energy Security and Net Zero) should be submitted to the Department for Energy Security and Net Zero Offshore Decommissioning Unit, together with proposals for any maintenance or remedial work that may be required.
Other Reporting:In addition to the Decommissioning Programme Close Out Report, Operators must report as required by other permits/consents and legislative requirements, e.g. covering such issues as waste reporting, seabed deposits, chemical use and discharge, oil discharges, radioactive substances, oil and chemical spills, etc., following the specific procedures for the individual permits/consents and relevant legislation.

Non Compliance

Offshore Inspection:The Department for Energy Security and Net Zero (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

Marine and Coastal Access Act and Marine (Scotland) Act:Licences will be valid for a maximum period of one year, but operators will be able to apply to renew licences that cover a range of activities.
Ongoing Monitoring & Surveys:There may be a requirement to conduct further environmental seabed surveys following the decommissioning of the installation.Where an installation has been left in situ there is a requirement to undertake a monitoring programme.

Snippets

Alignment for Decom North Sea and Oil and Gas UKUK offshore oil and gas industry trade bodies Oil & Gas UK and Decom North Sea are to align on key areas to deliver a more efficient and effective decommissioning agenda for the North Sea. More information available here.
Decommissioning Delivery ProgrammeThe Decommissioning Delivery Programme focuses on three key priorities:

  • Cost certainty and reduction

  • Decommissioning delivery capability

  • Decommissioning scope, guidance and stakeholder engagement.
Decommissioning workshop outputs are now available on the OGA websiteDecommissioning workshop outputs are now available on the OGA website. Themes include delivering capability and decommissioning scope and practice.
Growing market for Decommissioning in NorwayGrowing market for Decommissioning in Norway evident from Oil and Gas UK forecast (link here)
OGA Decommissioning StrategyThe Oil and Gas Authority (OGA) has published its Decommissioning Strategy, the first of a series of strategies that it plans to issue. Further details are available here.
Stakeholder Engagement during Decommissioning Activities:In April 2013 Oil & Gas UK produced updated guidelines for stakeholder engagement during decommissioning activities. The guidelines were first published in 2006 but have been updated to reflect experience in recent decommissioning projects.
Topsides Cleaning:Experience to date highlights the advantage of commencing cleaning operations early in the decommissioning process. In addition to cleaning hydrocarbons, reasonable endeavours to remove wax and other contaminants, particularly where a line is to be decommissioned in place, will be expected. Guidance on cleaning topsides and pipelines prior to decommissioning has been developed through the Pilot Brownfields Initiative. This is available from Oil & Gas UK.
 Use of Explosives: JNCC Guidance on Use of Explosives (PDF document) includes a series of mitigation measures to be considered and agreed:

  • Visual Monitoring by Marine Mammal Observers

  • Passive Acoustic Monitoring (PAM)

  • Use of PAM as mitigation

  • Pre-detonation search for marine mammals

  • Delay of 30 minutes if a marine mammal is detected within the Mitigation Zone

  • Sequencing of the explosive charges

  • Acoustic Deterrent Devices (ADDs)

  • Post-detonation search

  • Communication





Legislation

Key Legislation:
Supporting Legislation

Waste Management
Guidance Notes

The Guidance Notes are intended to help companies understand their liabilities and the process for approval of decommissioning programmes. They have been updated to take account of both the experience gained since 2006 and the relevant decommissioning provisions in the Energy Act 2008. Updates to the OPRED decommissioning guidance were published in February 2023 and January 2024 and are available here.

The PWA and DEPCON guidance has been moved to the OGA website, capturing the transition of DECC to BEIS in the guidance.

Consent Needed and How to Obtain It

Consent Needed:Decommissioning Programme Approval of the Decommissioning Programme from the regulatory authority is required.Section 29 of the Petroleum Act 1998 enables the Secretary of State to serve notices requiring the recipient to submit a costed Decommissioning Programme for his approval at such future time as he may direct. The programme (referred to in the 1998 Act as an “abandonment programme”) should contain the measures proposed to be taken in connection with the decommissioning of a pipeline. Equivalent Notices previously served under section 1 of the 1987 Act will continue to be valid.Other Consents and Permits A Marine and Coastal Access or Marine Scotland Act Licence is required for all decommissioning operations and most operations will include a range of activities requiring licences. Operators will be able to apply for licences for individual activities, or to apply for licences to cover a range of activities.A Chemical Permit under the Offshore Chemical Regulations 2002 is also required for the use or discharge of any chemical during decommissioning.Decommissioning activity may be incorporated into existing OPEP or a decommissioning OPEP produced (see Oil Pollution Emergency Planning).If the coral Lophelia pertusa is present on an installation/pipeline located outside territorial waters that is being transported to the UK or elsewhere, a CITES certificate will be required from Defra.A Marine and Coastal Access or Marine Scotland Act Licence is required for deposit of stabilisation or protection materials related to decommissioning operations (see Decommissioning Deposits)A Wildlife Licence (see Performances Standards tab) may be required, depending on specific decommissioning activities being undertaken.Additional authorisations for radioactive related issues may be required, depending on specific decommissioning activities being undertaken (see LSA and Radioactive Waste).If there is any likelihood of oil release (reservoir hydrocarbon) during decommissioning of the pipeline, a permit under OPPC will also be required (for example see Produced Water).There are specific requirements around navigation issues under the Coast Protection Act - see Decommissioning - Navigation.Emergency Pipeline DepositsAs part of standard pipeline operations, in order to allow urgent deposits to be made in emergency situations, an ‘Open Permission – Emergency Pipeline Deposit Template’ has been generated for PWA Holders.The ‘Open Permission’ requires the PWA Holder to complete the following template and submit it to the OGA by 9am on the next working day following the emergency deposit. This needs to be submit to Claire Grant ([email protected]) at the OGA.
How to Apply:Subsequent to the submission of draft copies of the Decommissioning Programme and the associated periods of consultation, six copies of the final draft copy of the Decommissioning Programme should be sent to the regulatory authority.In addition to the Decommissioning Programme, Operators must apply for new and/or vary/surrender existing permits/consents following the specific procedures for the individual permits/consents.The application process for licences under the MCAA and MSA is not yet known. BEIS guidance has been drafted and is awaiting issue.Disused Pipeline Notification – Updated BEIS requires operators to submit details of pipelines or sections of pipelines that are to be taken out of use. The disused pipelines notification has been updated to include more specific requirements on the information to be provided. The form is available on the BEIS website here.
Who to Apply to:Documents should be marked for the attention of the Head of the Offshore Decommissioning Unit and be addressed to: The Department of Business, Energy and Industrial Strategy
Atholl House
86-88 Guild Street
Aberdeen AB11 6ARIt is BEIS's intention that applications will eventually be administered through the UK Oil Portal. In addition to the Decommissioning Unit, Operators must apply to the relevant departments/organisations for new (or variations to/surrender of existing) permits/consents.The application process for licences under the MCAA and MSA is not yet known. BEIS guidance has been drafted and is awaiting issue. Any queries in the meantime should be direct to BEIS Oil & Gas Environmental Management Team by email to
When to Apply:See "Timing of preparation of Decommissioning Programme" under the Performance Standards tab.The application process for licences under the MCAA and MSA is not yet known.

Performance Standards

Requirement to remove, or otherwise, pipeline:

Because of the widely different circumstances of each case, it is not possible to predict with any certainty what may be approved in respect of any class of pipeline. Each will be considered on its merits and in the light of a comparative assessment of the alternative options.


Leaving in place


As a general guide the following pipelines (inclusive of any "piggyback" lines that cannot be easily separated) may be candidates for in-situ decommissioning:




  • Those which are adequately buried or trenched and which are not subject to development of spans and likely to remain so

  • Those which were not buried or trenched at installation but which are likely to self bury over a sufficient length within a reasonable time and remain so buried

  • Those where burial or trenching of the exposed sections is undertaken to a sufficient depth and it is likely to be permanent

  • Those which are not trenched or buried but which nevertheless may still be candidates for leaving in place if demonstrated by the comparative assessment to be the preferred option (e.g. trunk lines)

  • Those where exception and unforeseen circumstances due to structural damage or deterioration or other cause, cannot be recovered safely and efficiently


Judgements regarding the degree of burial or trenching necessary will be undertaken on a case-by-case basis in the light of individual circumstances. Consultees will need to be satisfied that the pipeline is sufficiently buried or trenched below seabed level to avoid obstruction to other uses of the sea. Decisions on the appropriate depth of burial will take account of seabed conditions and other relevant factors but it is expected that burial to a minimum depth of 0.6 m above the top of the pipeline will be necessary in most cases.


Pipelines, which it is agreed can be left in place, should be cleaned, sealed and filled with water.


Removal


Small diameter pipelines, including flexible flowlines and umbilicals which are neither trenched nor buried should normally be entirely removed.

Any mattresses or grout bags which have been installed to protect pipelines during their operational life should be removed for disposal onshore. If the condition of the mattresses or grout bags is such that they cannot be removed safely or efficiently then any proposal to leave them in place must be supported by an appropriate comparative assessment of the options.

In the case of rock-dump that has been used to protect a pipeline it is recognised that removal is unlikely to be practicable. It is assumed therefore that rock-dump will remain in place, unless there are special circumstances that would warrant consideration of removal. If the rock-dump is associated with a pipeline that is being left in place then it would be expected that the rock-dump would remain undisturbed. If, however, it is associated with a pipeline that is being removed then minimum disturbance of the rock-dump to allow safe removal of the pipeline and the elimination of any seabed obstruction that may result from the presence of the rock, would be expected.

Deferral

In those cases where a pipeline reaches the end of its operational life before other facilities in the field, the Operator should notify BEIS’s Offshore Decommissioning Unit that the pipeline is no longer in use. BEIS will send the Operator a Disused Pipeline Notification form requesting details on the status of the pipeline that has been taken out of use. Upon receipt of this information, BEIS, in discussion with other Government Departments (including the SEMD, DEFRA and HSE), will consider whether a Decommissioning Programme for the pipeline is appropriate at this stage or whether its final decommissioning can be dealt with at end of field life along with the other facilities in the field.

If it is agreed that final decommissioning may be delayed until a more appropriate time, BEIS will issue a letter setting out the conditions upon which it is prepared to defer formal decommissioning. This may include the requirement to carry out remedial work on the pipeline. BEIS will wish to be satisfied that leaving the pipeline in place until end of field life will not prejudice any final decommissioning solution – including complete removal – and that the pipeline will be subject to an appropriate surveying and maintenance regime.

In cases where decommissioning is deferred, the pipelines concerned are considered to form part of the Interim Pipeline Regime.
Habitats Directive and Birds Directive:BEIS is obliged to take proper account of the obligations stemming from the Birds and Habitats Directives to protect and conserve the marine environment. A number of offshore sites have been designated as draft or possible SACs (see JNCC website).Where the Secretary of State considers that there may be significant effect on the conservation objectives, they may require an Habitats Regulatory Assessment to be undertaken.If this is the case, JNCC will recommend that, as competent authority, BEIS undertakes a screening for a Habitats Regulatory Assessment (SHRA) or a full Habitas Regulatory Assessment (HRA). The ES or decommissioning operation application should contain adequate information to enable BEIS to undertake the assessment. EU Guidance on Habitats Regulatory Assessment (PDF document) can provide guidance on the process, in particular Annex 2.
Assessment of Disturbance of Marine European Protected Species:Under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2009 (as amended), a person is guilty of an offence if he:
(a) deliberately captures, injures, or kills any wild animal of a European protected species, or

(b) deliberately disturbs wild animals of any such species.

Disturbance of animals includes in particular any disturbance which is likely to:
(a) impair their ability:

  • to survive, to breed or reproduce, or to rear or nurture their young, or

  • in the case of animals of a hibernating or migratory species, to hibernate or migrate, or


(b) to affect significantly the local distribution or abundance of the species to which they belong.

The Marine European Protected Species (EPS) includes all species of cetaceans, all species of marine turtles and sturgeon.

The onus is on the developer carrying out an activity to:

  1. Assess the likelihood of committing a disturbance offence

  2. Consider the need for mitigation measures

  3. Decide whether to apply for a Wildlife Licence (See section below).


A description of the assessment of the likelihood of committing a disturbance offence must be included in the PON14A application. Guidance on undertaking such an assessment is included in the JNCC's Protection of marine European Protected Species from injury and disturbance for England, Wales and the UK offshore marine area. This document is currently being updated by the JNCC and a link will be provided once the document is released.
Wildlife Licences:If there is a risk which cannot be removed or sufficiently reduced by the taking of mitigation measures then a Wildlife Licence may need to be granted by the regulatory authorities for a number of "purposes". Purposes include "over-riding public interest" and "scientific and educational purposes". Licences can however only be issued where there is no satisfactory alternative. It is expected that the majority of activities will not require a Wildlife Licence since their potential for disturbance will fall below the threshold of the office in the Regulations. More information can be obtained from the JNCC website.

Revisions to wildlife licenses effective from 1 January 2015 (England only)


Changes to general and class licence updates have been implemented after Natural England's public consultation in 2014. From 1 January 2015, a licensee must make sure that they are operating under the conditions of these updated licences (as detailed here).
Public Participation Directive:The Public Participation Directive (PPD) requires a number of aspects of public notification and consultation:



    • An outline of main alternatives (if any) should be included in permit applications

    • The public should be notified and made aware of any decisions making available relevant consents and permits with the reasons and considerations on which decisions have been based

    • Public notification at the earliest possible time where the information can be provided on the nature of possible decisions

    • Making available within applicable time frames the necessary reports, advice issued to the regulator in accordance with legislation when applications were made and information relevant to a decision which only became available after advertisement of an application.
Timing of Preparation of Decommissioning Programme:Discussions should commence well ahead of forecast cessation of operations. As pipelines vary significantly in size and length, BEIS advice should be sought at an early stage where the decommissioning does not form part of platform decommissioning. At a mutually agreed time, following preliminary discussions, the operator should submit to BEIS 23 copies of a first draft of a Decommissioning Programme. Copies of the draft programme will be distributed by BEIS to other Government Departments and Agencies. Submission in CD ROM form is the preferred method, although one paper copy will also be required. Four paper copies will be required when the holders of section 29 notices are directed formally to submit the Decommissioning Programme. On receipt of a first draft of a Decommissioning Programme, the Offshore Decommissioning Unit will circulate it for consideration by others with an interest within BEIS and to other Government Departments. At the same time BEIS will agree with the operator a timetable for considering the draft programme and submitting it for approval by the Secretary of State, the process taking approximately 10 weeks. The Offshore Decommissioning Unit will act as a one-stop-shop, coordinate all comments on the draft and submit a written response to the operator. Further meetings with Government Departments may be necessary at this stage to discuss whether additional information and amendments to the draft programme may be necessary. It is important that sufficient time is allowed for the proper consideration of the proposals in a Decommissioning Programme. In the majority of cases only one draft of the Decommissioning Programme will be necessary.
Consultations:At the point at which the draft Decommissioning Programme is submitted to BEIS, the Operator should commence statutory consultations as required under section 29(3) of the Petroleum Act 1998. These consultations will be with the representatives of those parties who may be affected by the decommissioning proposals such as the fishing industry. Details of the statutory consultees will be specified in a in a letter containing a notice issued under the Section 29 of the Act. A list of the parties contained in an annex to the Decommissioning Guidance Notes (see Guidance Notes under the Legislation tab). The Statutory Consultees should normally be given 30 days in which to comment.The operator will also be asked to announce its proposals by placing a public notice in appropriate national and local newspapers and journals, and to place details on the Internet. This notice should indicate where copies of the draft Decommissioning Programme can be viewed and to whom representations should be submitted. A standard Form of Notice including appropriate publications can be provided by BEIS. Hard copies of the draft programme should be made available at the Operator's offices and a copy can be placed on the Internet. At the same time BEIS will indicate on its website that the Decommissioning Programme has been issued for consultation. The results of consultations should be reviewed with BEIS and reported in the Decommissioning Programme when it is submitted for approval. This can be best achieved by appending to the programme the correspondence with interested parties and by indicating the extent to which their views have been taken into account.
Content of the Decommissioning Programme:A Decommissioning Programme will typically contain the following sections:Section 1 – Introduction
Section 2 – Executive Summary
Section 3 – Background Information
Section 4 – Description of Items to be Decommissioned
Section 5 – Inventory of Materials
Section 6 – Removal and Disposal Options
Section 7 – Selected Removal and Disposal Option
Section 8 - Wells
Section 9 – Drill Cuttings
Section 10 – Environmental Impact Assessment
Section 11 – Interested Party Consultations
Section 12 - Costs
Section 13 - Schedule
Section 14 – Project Management and Verification
Section 15 – Debris Clearance
Section 16 – Post Decommissioning Monitoring and Maintenance
Section 17 – Supporting Studies
Section 18 – Structure of Combined Decommissioning ProgrammesWhere it is proposed that a pipeline should be decommissioned in-situ, either wholly or in part, then the Decommissioning Programme should be supported by a suitable study which addresses the degree of past and likely future burial/exposure of the pipeline and any potential effect on the marine environment and other uses of the sea. The study should include the survey history of the line with appropriate data to confirm the status of the line including the extent and depth of burial, trenching, spanning and exposure.
Treating, keeping and disposing of waste:The Environment Agency (in England and Wales) and the Scottish Environment Protection Agency (in Scotland) are responsible for administering and enforcing the waste management controls. Anyone who deposits, recovers or disposes of waste must do so in compliance with the conditions of a waste management licence, or within the terms of an exemption from licensing, and in a way which does not cause pollution of the environment or harm to human health. Any Operator planning to carry out any decommissioning or an associated activity involving waste should contact the relevant Agency. The Agencies are finalising separate guidance for industry on the treating, keeping and disposing of wastes at the decommissioning stage. This guidance will be available from the Environment Agency and the Scottish Environment Protection Agency.The disposal of materials onshore must comply with the relevant pollution prevention and waste requirements. Movements of waste from the UKCS to other Member States and Non-Member States are deemed to be a transboundary movement and are therefore subject to transfrontier regulations.
Navigation and Marking of Remains:There are specific requirements for Hydrographic Office notifications and marking of remains.

Sampling/Monitoring Requirements

Where the Pipeline has been Completely Removed:Upon completion of decommissioning operations, appropriate surveys should be undertaken to identify and recover any debris located on the seabed which has arisen from the decommissioning operation or from past development and production activity. The area to be covered is likely to vary from case to case but the minimum required will be a radius of 500 metres around the location of the installation or any remains Debris monitoring may be required up to 100 metres either side of a decommissioned pipeline over its whole length. Following the removal of any debris, independent verification of seabed clearance will be required. The advisability of over-trawling will be considered on a case-by-case basis and will be dependent upon the extent of any cuttings piles and any other relevant circumstances. In addition to debris surveys, a post-decommissioning environmental seabed sampling survey should be undertaken to monitor levels of hydrocarbons, heavy metals and other contaminants in sediments and biota. A survey strategy should be developed in consultation with BEIS who will in turn take advice from other Government Departments and Agencies with an interest such as the Fishery Departments. Details of the survey strategy should be included in the Decommissioning Programme.
Where Pipeline is Left Partly or Wholly in situ:In addition to the debris clearance and environmental survey requirements described above, where pipelines are left partly or wholly in situ, additional monitoring requirements will be required as described below.Pipelines decommissioned in situ will be subject to a suitable monitoring programme agreed with BEIS in consultation with other Government Departments. Details should be specified in the Decommissioning Programme. The form and duration of the monitoring programme will depend upon the prevailing circumstances and if necessary will be adapted with time.

Reporting Requirements

Close Out Report:At the conclusion of decommissioning operations the Operator will be required to satisfy BEIS that the approved Decommissioning Programme has been implemented.  This will involve the submission of a close out report within four months of the completion of offshore work.  This report will include results of the debris clearance and post decommissioning surveys. The report should explain major variations from the decommissioning programme and should summarise the following:

  • Information on the outcome of the decommissioning programme as a whole.

  • An explanation of any major variances from the programme.

  • The results of debris clearance and any monitoring undertaken.  Any independent verification (e.g. seabed clearance certificates) should be attached.

  • The results of the post-decommissioning survey.  If necessary update the schedule for future monitoring or monitoring of items left in place with reasons for the changes.

  • Measures taken to manage the potential risks arising from any legacies, including participation in the Fisheries Legacy Trust Company, confirmation of marking any remains on mariners charts, inclusion in the ‘Fishsafe’ system and installation of navigational aids.

  • Provide high level summary of actual costs and a general explanation of any difference against forecast costs.


Following submission of the Close-out Report to BEIS, the Operator will be asked to place a copy on their website.
Where Pipeline is left Partly or Wholly in situ:Inspection reports (as agreed with BEIS) should be submitted to BEIS Offshore Decommissioning Unit, together with proposals for any maintenance or remedial work that may be required.
Other Reporting:In addition to the Decommissioning Programme Close Out Report, Operators must report as required by other permits/consents and legislative requirements, e.g. covering such issues as waste reporting, seabed deposits, chemical use and discharge, oil discharges, radioactive substances, oil and chemical spills, etc., following the specific procedures for the individual permits/consents and relevant legislation.

Non Compliance

Offshore Inspection:The BEIS (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

Marine and Coastal Access Act and Marine (Scotland) Act:Licences will be valid for a maximum period of one year, but operators will be able to apply to renew licences that cover a range of activities.
Ongoing Monitoring and Surveys:There may be a requirement to conduct further environmental seabed surveys subsequent to the decommissioning of the pipeline.Where a pipeline has been left in situ there is a requirement to undertake a monitoring programme (see the Snippets tab).

Snippets

Alignment for Decom North Sea and Oil and Gas UKUK offshore oil and gas industry trade bodies Oil & Gas UK and Decom North Sea are to align on key areas to deliver a more efficient and effective decommissioning agenda for the North Sea. More information available here.
Decommissioning Delivery ProgrammeThe Decommissioning Delivery Programme focuses on three key priorities:

  • Cost certainty and reduction

  • Decommissioning delivery capability

  • Decommissioning scope, guidance and stakeholder engagement.
Decommissioning workshop outputs are now available on the OGA websiteDecommissioning workshop outputs are now available on the OGA website. Themes include delivering capability and decommissioning scope and practice.
Growing market for Decommissioning in NorwayGrowing market for Decommissioning in Norway evident from Oil and Gas UK forecast (link here).
OGA Decommissioning StrategyThe Oil and Gas Authority (OGA) has published its Decommissioning Strategy, the first of a series of strategies that it plans to issue.Further details are available here.
Pipeline Cleaning:Experience to date highlights the advantage of commencing cleaning operations early in the decommissioning process. In addition to cleaning hydrocarbons, reasonable endeavours to remove wax and other contaminants, particularly where a line is to be decommissioned in place, will be expected. Guidance on cleaning topsides and pipelines prior to decommissioning has been developed through the Pilot Brownfields Initiative. This is available from Oil & Gas UK.Risk Based Monitoring: Following a DECC commissioned study to determine the appropriate requirements for long term monitoring of these pipelines left in situ, it has been concluded that a risk based monitoring scheme based on pipeline stability and potential impact remains appropriate for lines which are decommissioned in place. Each pipeline must be judged on its individual burial history and condition when establishing a monitoring scheme. Inspections of pipelines should then be undertaken for a fixed period depending on the risk criteria after which time they may move to a reactive basis, i.e. surveys only if concerns arise about the pipeline.  As part of this process DECC will be closely involved with the Operator during the monitoring phase and will review the findings of reports in consultation with other Government Departments and fishermen representatives before deciding whether a reactive basis is appropriate.
Stakeholder Engagement during Decommissioning Activities:In April 2013 Oil & Gas UK produced updated guidelines for stakeholder engagement during decommissioning activities. The guidelines were first published in 2006 but have been updated to reflect experience in recent decommissioning projects.Territorial Seas:Pipelines that cross the UK seabed within the territorial sea (12 nautical miles from the UK coastline) are likely to be subject to a lease granted by The Crown Estates which will include a rental payment based upon the size of the pipeline.  Operators may apply to The Crown Estates for termination of the rent upon completion of decommissioning works or suspension of the rent if the pipeline has fallen into temporary disuse.
Updates to PWA Applications Page:OGA has updated the PWA applications page and its guidance. This includes:

  • Updating BEIS Environmental Management Team address to [email protected]; and

  • Removing irrelevant or inaccurate information and amending formatting of templates.

  • PWA applications should provide a word and PDF copy of an application to [email protected]





Legislation

Key Legislation:
Supporting Legislation:

  • UN Convention on the Continental Shelf 1958
Guidance:Department for Energy Security and Net Zero: Guidance Note for Operators – Offshore Oil and Gas Sector: Update on Marine Planning in the UK

Marine Guidance Note 553(M): Offshore structure decommissioning - This marine guidance note provides guidance for moving offshore installations during the decommissioning process.

Revised Guidance Notes on the Decommissioning of Offshore Oil and Gas Installations and Pipelines  (PDF document)

  • The Guidance Notes are intended to help companies understand their liabilities and the process for approval of decommissioning programmes. They have been updated to take account of both the experience gained since 2006 and the relevant decommissioning provisions in the Energy Act 2008. These Guidance Notes do not yet include requirements of the Marine and Coastal Access Act and Marine Scotland Acts. New Department for Energy Security and Net Zero Guidance is pending.

  • This Guidance Note offers an update to the oil and gas sector on the UK marine planning process with a focus on environmental impact assessments (EIAs) associated with decommissioning activities within a marine plan area.

Consent Needed and How to Obtain It

Consent Needed:A Marine and Coastal Access or Marine Scotland Act Licence is required for all decommissioning operations and most operations will include a range of activities requiring licences. Operators will be able to apply for licences for individual activities, or to apply for licences to cover a range of activities. There are also specific marking and notification requirements where concrete installations, footings of a steel installation or a pipeline remain in place (see the Performance Standards tab). Also see the Performance Standards tab for requirements around Safety Zones. Operations Notice 6: Reporting of Offshore Installation Movements the Offshore Major Accident Regulator (OMAR) (then Offshore Safety Directive Regulator (OSDR)) has issued an updated version of Operations Notice 6. This replaces the previous version which was issued by the Health and Safety Executive (HSE).The update provides guidance for reporting of offshore installation movements and has been revised to update contact address details and to account for legislative changes (e.g. EU Directive 2013/30 on safety of offshore oil and gas operations).
How to Apply:The application process for licences under the MCAA and MSA is not yet known. The Department for Energy Security and Net Zero guidance has been drafted and is awaiting issue.
Who to Apply to:The application process for licences under the MCAA and MSA is not yet known. The Department for Energy Security and Net Zero guidance has been drafted and is awaiting issue. Any queries in the meantime should be direct to the DECC Oil & Gas Environmental Management Team by email to [email protected]
When to Apply:The application process for licences under the MCAA and MSA is not yet known.

Performance Standards

Navigation and Marking of Remains (where installation or pipeline left partly or wholly in place):Where it is agreed that a concrete installation, or the 'footings' of a steel installation, or pipeline should remain in place, the operator must ensure that the position (horizontal datum to be stated), surveyed depth and dimensions of the remains are forwarded immediately to the Hydrographic Office, for inclusion on Admiralty charts. It is the operator’s responsibility to install and maintain navigational aids for any remains of concrete installations that project above the surface of the sea. The nature of the navigational aids to be employed should be discussed with the Department for Energy Security and Net Zero, the relevant lighthouse authorities and with interested parties such as fishermen and other mariners. Details of the action to be taken to advise mariners and mark any remains should be included in the Decommissioning Programme; the Hydrographic Office should be kept informed.
Drill Cuttings Accumulations:

Drill cuttings accumulations will only be marked on Admiralty charts if it is considered that they present a danger to surface navigation or alter the charted seabed depth significantly. In such cases they would be recorded as a 'foul' or 'shoal depth'. Details of any cuttings piles that may fall into this category should be discussed with the Hydrographic Office.
Safety Zones:A safety zone is a radius of 500 metres established automatically around all offshore oil and gas installations which project above the sea at any state of the tide. Vessels of all nations are required to respect them. It is an offence (under Section 23 of the Petroleum Act 1987) to enter a safety zone except under special circumstances. The zone stays in place during the decommissioning period and only ceases when the structure no longer projects above the surface of the sea. Any doubt about the continuation of a safety zone during decommissioning work should be discussed with the HSE.

Sampling/Monitoring Requirements

Debris Survey:Upon completion of decommissioning operations, appropriate surveys should be undertaken to identify and recover any debris located on the seabed, which has arisen from the decommissioning operation or from past development and production activity. The area to be covered is likely to vary from case to case but the minimum required will be a radius of 500 metres around the location of the installation or any remains. Following the removal of any debris, independent verification of seabed clearance should be obtained. The usual method of achieving this is to engage a fishing vessel to carry out a trawl of the area and to issue a certificate of seabed clearance. Any debris removal activities and any subsequent trawl of the area will need to take account of the presence of drill cuttings.
Ongoing monitoring (where installation or pipeline left partly or wholly in place):If it is agreed that a concrete installation, the 'footings' of a steel installation or a pipeline should be left in place, the condition of the remains will have to be monitored at appropriate intervals by the owners.

Reporting Requirements

See the Consent Needed and How to Obtain It tab.

Non Compliance

What to do if in Breach of Consent/ Authorisation:Not yet known.
Offshore Inspection:The Department for Energy Security and Net Zero (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

Licences will be valid for a maximum period of one year, but operators will be able to apply to renew licences that cover a range of activities.

Snippets

Alignment for Decom North Sea and Oil and Gas UKUK offshore oil and gas industry trade bodies Oil & Gas UK and Decom North Sea are to align on key areas to deliver a more efficient and effective decommissioning agenda for the North Sea. More information available here.
Decommissioning Delivery ProgrammeThe Decommissioning Delivery Programme focuses on three key priorities:

  • Cost certainty and reduction

  • Decommissioning delivery capability

  • Decommissioning scope, guidance and stakeholder engagement.
Decommissioning workshop outputs are now available on the NSTA websiteDecommissioning workshop outputs are now available on the NSTA website. Themes include delivering capability and decommissioning scope and practice.
Growing market for Decommissioning in NorwayGrowing market for Decommissioning in Norway evident from Oil and Gas UK forecast (link here)
NSTA Decommissioning StrategyNorth Sea Transition Authority (NSTA) has published its Decommissioning Strategy, the first of a series of strategies that it plans to issue.Further details are available here.





Legislation

Key Legislation:
Guidance Notes:

  • Deposit Consent Application Checklist (PDF document) should be used as guidance.

  • 2020 EIA Regulations Guidance: The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 – A Guide. This guidance is accompanied by a template for the Environmental Statement Details to be provided upfront of the ES and an EIA summary of Project template to be provided to OPRED as part of the EIA submission pack. The Guidance and templates can be downloaded from the UK Government’s website.


The MMO seek to remind operators that the laying of telecommunications and / or power cables within UK territorial waters (up to 12 nautical miles) requires a marine licence.  Details on Marine Licence requirements are detailed here.

The PWA and DEPCON guidance has been moved to the NSTA website, capturing the transition of DECC to BEIS in the guidance.

Consent Needed and How to Obtain It

Consent Needed:Deposits related to drilling, pipeline, production and intervention operations Consent under the Petroleum Act 1998. Deposits relating to decommissioning or abandonment operations.
How to Apply:Applications should be made as follows:

If a requirement to deposit materials arises following issue of the relevant Direction, the operator can seek a direction for the deposits by varying the existing MAT. In both cases, the operator also has the option of submitting a stand-alone MAT (with the exception of production operations).
Who to Apply to:MATs must be submitted electronically to BEIS via the UK Oil Portal. Operators will need to be registered with BEIS for access to the Portal. To set up a UK Oil Portal Account, contact the BEIS OED Environmental Management Team at [email protected]Any problems with PON15 submission contact the BEIS OED EMT by email at [email protected]
When to Apply:MATs and SATs must be made at least 28 days before operation commences. However, if also seeking a direction for which an ES is not required, additional time should be allowed.

Performance Standards

Limits placed on the deposition of material:

The licensing authority may require that the deposited material be removed upon job completion. However, conditions are considered on a case-by-case basis.

Sampling/Monitoring Requirements

None required.

Reporting Requirements

What to Report:Where a direction is issued for the deposit of stabilisation or protection materials, BEIS requires operators to complete a return form, 'Deposit of Stabilisation / Protection Materials' using the Excel Spreadsheet provided by BEIS. This will enable the Department to collate information on all future deposits, which will be particularly relevant in relation to our assessments of potential impacts on protected habitats and species.A Nil Return must be provided where no deposits have been made.
Who to Report to:Reports need to be submitted to the BEIS Environmental Management Team by email to [email protected]
When to Report:Following completion of material deposit operations.

Non Compliance

What to do if in Breach of Consent:No work should commence for which consent is required under the Petroleum Act 1998, as to do so may constitute an offence under the Act.
Offshore Inspection:The BEIS (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

Directions issued will be valid for a period of 2 years.

Snippets

BEIS Environmental Alert 002/2016The offshore environmental inspectorate has noticed an increase in the number of operators breaching permit conditions, particularly with reference to depositing rock outside of approved areas, depositing unauthorised quantities of grout bags, unlicensed deposit of sandbags and carrying out geological surveys out with permitted dates.Operators are reminded that undertaking operations which contravene permit terms and conditions can be a criminal offence of the permit or licence holder.
DECC Environmental Alert (002/2014) - Emergency Deposit Consents:Issued on 25 April 2014 this environmental alert (PDF document) informs operators of BEIS (then DECC) policy regarding an emergency requirement relating to a consent for the Deposit of Materials on the Seabed (DepCon), and an amendment of the associated Pipelines Operations Deposit Direction, out of normal office hours.In an emergency situation and out of office hours, when operators wish to deposit material in excess of that consented in a DepCon and authorised under the associated Pipelines Operations Deposit Direction, they should inform the Department's Duty Environmental Inspector via the emergency out of hours telephone number: 0207 215 3505/3234.
Laying of telecommunications and power cablesThe MMO seek to remind operators that the laying of telecommunications and / or power cables within UK territorial waters (up to 12 nautical miles) requires a marine licence.  Details on Marine Licence requirements are detailed here.





Legislation

Key Legislation:
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed:Oil Discharge Permit: An oil discharge permit is required under the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 for discharge of Displacement Water. For production operations, a Life Permit that covers all routine oil to sea discharges/re-injection operations can be applied for.
How to Apply:Applications for an Oil Discharge Permit must be made via the UK Oil Portal (UKOP). To obtain access to the UKOP contact [email protected]. Oil Discharge Permit applications are made on a Subsidiary Application Template (SAT) in the UKOP Portal Environmental Tracking (PETS) system. The SAT application is initiated from the relevant Master Application Template (MAT). Guidance Notes (PDF document) on the OPPC Regulations and Permit Application are also available.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.
Who to Apply to:All application made under the OPPC Regulations need to be submitted via UKOP PETS.
When to Apply:Applications must be submitted at least 28 days before the permit is required.

Performance Standards

Definition of Oil:

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.
Limits Placed on Displacement Water Discharges:The monthly average concentration of dispersed oil in displacement water must not exceed 40 mg/l. The maximum concentration of dispersed oil must not exceed 100 mg/l at any time.
Location of Discharges:

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 1 January 2007 the approved oil in water analysis reference method is the OSPAR GC-FID Method as per OSPAR Agreement 2005/15. The Department for Energy Security and Net Zero 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 the Department for Energy Security and Net Zero will be reported against this method. The Department for Energy Security and Net Zero Guidance on the Sampling and Analysis of Produced Water and Other Hydrocarbon Discharges is available on the Department for Energy Security and Net Zero website.

Sampling/Monitoring Requirements

Displacement Water Sampling (Hydrocarbon Concentration and Volumes):Oil Discharge Permit: The schedule to the Oil Discharge Permit 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 will be 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 Department for Energy Security and Net Zero standards (see the Performances Standards tab). The Department for Energy Security and Net Zero has issued Guidance on the Sampling and Analysis of Produced Water and Other Hydrocarbon Discharges (Word Document).

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)

  • 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

  • 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.
Staff Competency:Persons undertaking water sampling and analysis shall be provided with sufficient information and training to undertake the task. All training records must be maintained.

Reporting Requirements

What to Report:A summary of the parameters measured/recorded (see the Sampling/Monitoring  Requirements tab) will be required to be submitted using the EEMS oil in water spreadsheet available on the EEMS website. Reported volumes will be cross referenced 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


Guidance on EEMS (PDF document) is also available.
Who to Report to:Reports to be submitted to BEIS via the EEMS reporting system using the EEMS oil in water spreadsheet. This can be downloaded from the EEMS website. Also see the  Non-Compliance tab.
When to Report:Submit EEMS oil in water electronically to the EEMS website by the 16th of each calendar month for each preceding calendar month.

Non Compliance

What to do if in Breach of Consent/ Authorisation: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. Oil Discharge Permit Guidance (PDF document) is also available. 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. In addition, 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 beyond the 500 metre zone, then this must be reported to the Department for Energy Security and Net Zero via the PON1. The Department for Energy Security and Net Zero website provides information on the PON1 (Word document) and Guidance Notes (Word document) are also available. 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 the Department for Energy Security and Net Zero 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 Inspections:The OPPC Regulations give the Department for Energy Security and Net Zero far greater and wider ranging powers to monitor and investigate all oil discharges whether lawful or unlawful. Inspectors may board an installation at 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 Department for Energy Security and Net Zero (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.
Enforcement and Prohibition Notices:The Department for Energy Security and Net Zero, 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, the Department for Energy Security and Net Zero may take action itself and recover reasonable costs back from the operator. If the Department for Energy Security and Net Zero 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, the Department for Energy Security and Net Zero 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: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 Department for Energy Security and Net Zero inspector


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

Renewal and Variation

Permit Renewal: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 BEIS as quickly as possible, but 28 days should be allowed for the assessment of any significant changes.

Snippets

DECC Environmental Alert (001/2014)- PON1 Reporting:Issued by BEIS (then DECC) on 31 March 2014, this environmental alert (PDF document) highlights failures by a number of operators to comply with PON1 reporting requirements. Operators are reminded that in accordance with current reporting requirements PON1s must be reported within 6 hours to:

  • Aberdeen Maritime Rescue Coordination Centre (MRCC) in addition to immediate telephone notification to the nearest MRCC Coastguard Station.

  • Department of Energy and Climate Change (DECC) now the Department of Business, Energy and Industrial Strategy (BEIS); additional telephone notification is required to the Department for specific scenarios as detailed within the PON1 reporting guidance.

  • Joint Nature Conservation Committee (JNCC) and any relevant Statutory Nature Conservation Body (SNCB) in accordance with installation oil pollution emergency plan arrangements.





Legislation

Key Legislation:
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed: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 can be applied for that covers all routine oil to sea discharges/re-injection operations.

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.
How to Apply: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 here (PDF document). 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.
Who to Apply to:Application under the OPPC Regulations are to be submitted electronically by email to [email protected] the Department for Energy Security and Net Zero plans to incorporate this application system into the UK Oil Portal. Once this is in place, all applications will be made via this system.
When to Apply:Applications must be submitted at least 28 days before the permit is required.

Performance Standards

Definition of Oil:

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.
Limits Placed on Drainage Water Discharges:

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.
Drainage Systems and Associated Maintenance: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 the Non-Compliance tab). The drainage systems must be maintained in an efficient working order and any defects recorded.
Location of Discharges:Discharges of drainage 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 1 January 2007 the approved oil in water analysis reference method is the OSPAR GC-FID Method as per OSPAR Agreement 2005/15. The Department for Energy Security and Net Zero'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 the Department for Energy Security and Net Zero will be reported against this method. The Department for Energy Security and Net Zero Guidance on the Sampling and Analysis of Produced Water and Other Hydrocarbon Discharges is available from the Department for Energy Security and Net Zero (Word document).

Sampling/Monitoring Requirements

Hydrocarbon Concentrations and Volumes Discharged: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 BEIS 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 BEIS standards (see the Performance Standards tab). BEIS Guidance on the Sampling and Analysis of Produced Water and Other Hydrocarbon Discharges is available through this link (Word document). 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)

  • 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 only hard copies 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.
Staff Competency: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.

Reporting Requirements

N/A

Non Compliance

What to do if in Breach of Consent/ Authorisation:All un-permitted discharges, regardless of quantity must be reported to OPRED and other relevant authorities through the submission of a PON1 or OPPC NCN on the Integrated Reporting Service (IRS) on the UK Energy Portal.
Enforcement and Prohibition NoticesThe Department for Energy Security and Net Zero, 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, the Department for Energy Security and Net Zero may take action itself and recover reasonable costs back from the operator. If the Department for Energy Security and Net Zero 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, the Department for Energy Security and Net Zero may serve a prohibition notice. This will specify the pollution risk, the steps required to remove it and the time period, and the Department for Energy Security and Net Zero may withdraw a permit wholly or in part until the prohibition notice is withdrawn.
OffencesOffences 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

  • Wilfully obstructing a Department for Energy Security and Net Zero inspector


A person found guilty of an offence will on summary conviction be liable to a fine not exceeding the statutory maximum.
DECC InspectionsThe OPPC Regulations give the Department for Energy Security and Net Zero far greater and wider ranging powers to monitor and investigate all oil discharges whether lawful or unlawful.Inspectors may board an installation at 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 Department for Energy Security and Net Zero (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

OPPC Permit: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 the Department for Energy Security and Net Zero as quickly as possible, but 28 days should be allowed for the assessment of any significant changes.

Snippets

DECC Environmental Alert (001/2014) - PON1 Reporting:Issued by DECC (now Department for Energy Security and Net Zero) on 31 March 2014, this PDF document highlights failures by a number of operators to comply with PON1 reporting requirements.Operators are reminded that in accordance with current reporting requirements PON1s must be reported within 6 hours to:

  • Aberdeen Maritime Rescue Coordination Centre (MRCC) in addition to immediate telephone notification to the nearest MRCC Coastguard Station.

  • Department for Energy Security and Net Zero; additional telephone notification is required to the Department for specific scenarios as detailed within the PON1 reporting guidance.

  • Joint Nature Conservation Committee (JNCC) and any relevant Statutory Nature Conservation Body (SNCB) in accordance with installation oil pollution emergency plan arrangements.





Legislation

Key Legislation:
Supporting Legislation:

Consent Needed and How to Obtain It

Definition of 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 outside this definition. Examples of machinery space drainage will include FPSO and vessel/MODU bilges, etc.
Consent Needed:Consent is needed for a United Kingdom Oil Pollution Prevention Certificate (UKOPP) or IOPP Certificate for a foreign flagship unit.Note: Offshore installations may obtain a temporary exemption from the requirements to have a UKOPP certificate under an informal agreement between Oil & Gas UK and the MCA. These exemptions are based on the grounds of cost and technical difficulties versus the small amounts of machinery space discharge involved pending MCA review leading to a more formal and final arrangement. New installations will need to demonstrate their "equivalence" to other offshore installations where temporary exemptions are being issued. Any new installations seeking to obtain a UKOPP certificate is unlikely to satisfy the certifying body unless they fully comply with the requirements. Hazardous and non-hazardous drainage that is not machinery space drainage (i.e. oily drainage resulting from process operations) is covered by the OPPC 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.
How to Apply:For a first certificate for UKCS registered MODUs, the operator must request Maritime and Coastguard Agency (MCA) to conduct survey of oily water drainage and treatment systems; MCA then issue the certificate. For renewal of certificate, the operator must request Classification Societies to re-survey the machinery space drainage and treatment systems; Classification Societies then renew the certificate.
Who to Apply to:The first certificate will be issued by the Maritime and Coastguard Agency (MCA website). Thereafter, certificate is renewed by the Classification Societies.
When to Apply:Once the unit is commissioned for first certificate, renewed every 5 years.

Performance Standards

Limits Placed on Discharging of Machinery Space Drainage:

The North West European waters have been designated as a Special Area under Annex I of MARPOL. Within North West European waters ships of 400 GT or above (including MODUs) are permitted to discharge processed water (i.e. Oily Drainage Water) from machinery spaces as long as the following conditions are satisfied:




  • The water does not originate from the cargo pump room bilges

  • The water is not mixed with cargo oil residues

  • The ship is proceeding on a voyage

  • The oil content of the effluent, without dilution, does not exceed 15 ppm of the mixture

  • The ship has in-operation oil filtering, oil content measuring equipment and alarm devices of a design approved in accordance with the “Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships”

  • The oil filtering system is equipped with a stopping device which will ensure that the discharge is automatically stopped if the oil content of the effluent exceeds 15 ppm of the mixture


With respect to MODUs, the requirements of the regulations “shall be considered met” by the regulatory authority “if the discharge of processed bilge water from machinery spaces is undertaken when there is a positive water movement past the installation, i.e. at times of the day when the tidal flow is at its greatest, and provided there is no visible sheen”.

Sampling/Monitoring Requirements

Oily Water Discharges:Record all discharges, together with date, time and method of discharge, disposal route, any system failures and accidental oil spills, in the Oil Record Book.

Reporting Requirements

Regular reporting is not required, although backdated entries in the Oil Record Book must be maintained for at least 3 years. Inspections will be undertaken periodically to ensure compliance.

Non Compliance

Non compliance would constitute a breach of United Kingdom/International Oil Pollution Prevention Certificates requirements and might be a discharge of drainage water at more than 15 ppm or failure to properly keep the Oil Record Book. If a discharge outside of legal requirements is made then it should be recorded in the Oil Record Book which must be kept available for inspection.

Renewal and Variation

Certificate must be renewed every 5 years, following inspection by the Classification Societies.

Snippets

Oil Record Book:MCA Marine Information Notice (MIN) 400: MARPOL - Amendments to Annex I: Effect on the Oil Record Book Parts I and II (PDF document)The form of the Oil Record Book Parts I and II that must be used should be compliant and in accordance with that detailed in MARPOL (consolidated edition 2006) Annex I, Appendix III: Form of the Oil Record Book.Shipowners/Ship Managers/Masters must have the correct edition of Oil Record Book Parts I and II on board and in use from January 2011. This version must be used from that date.





Legislation

Key Legislation:
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed:No consents are required, however:

  • Any dropped objects must be notified via PON2

  • Any activities to recover dropped objects in Scottish inshore and offshore waters must be notified to Scottish Ministers to meet the Marine Licensing requirements

  • A licence may still be required in English and Welsh waters to recover objects - more information from the MMO Marine Licensing website. (Note: activities regulated under the Petroleum Act 1998 are exempt from the Marine Licensing requirements)
How to Apply:N/A
Who to Apply to:N/A
When to Apply:N/A

Performance Standards

Adverse Weather:DECC requests that operators assess installations for any structures which may become detached during adverse weather.Appropriate action must be taken to prevent articles from being lost or dropped.Operators should review their adverse weather policies during periods of high winds to ensure the risk of lost or dropped articles to sea is minimised.Operators should ensure all loose articles are securely stored during periods of adverse weather.
PON2 Requirements:

  • The attention of all those working on or near offshore installations is drawn to the hazard created by floating or submerged materials.

  • Synthetic materials, which are impervious to rot, are used in the construction of a wide variety of fishing lines, ropes, seismic and other cables and fishing nets, which, if lost or discarded at sea, can foul the propellers of vessels and present a very real hazard to divers and submersibles. They also constitute a significant hazard to marine life.

  • Plastic sheeting, bags and containers can block the cooling water intakes of vessels of all sizes, and again constitute a significant hazard to marine life.

  • Materials such as oil drums, lengths of wire and other heavy objects can represent a hazard to vessels, or otherwise interfere with navigation, and can snag and damage fishing nets, resulting in lost fishing time, or in extreme cases, pose a threat to the safety of the fishing vessel.

  • Materials lost or discarded at sea may be moved considerable distances by currents and tides, and may eventually have a significant impact that was not anticipated at the deposit location.

  • No materials should be intentionally discarded at sea, with the exception of material that are legally deposited in accordance with the requirements of relevant legislation or deposited under conditions of force majeure. The latter will only be relevant if the dumping is necessary to secure the safety of the vessel or installation, or its crew.

  • Special precautions should be taken to prevent the loss of materials at sea.

  • Submission of the PON2 enables the Department for Energy Security and Net Zero to decide what action should be taken and to allow notification of other users of the sea of any navigational hazards.
Recovery of Dropped Objects:Every reasonable measure should be taken to retrieve dropped objects.
Dropped Objects within Safety Zones:A PON2 notification should be submitted whether in a safety zone or not, but the presence of a safety zone will be a consideration in what might be considered reasonable measures in deciding to attempt removal or address the problem at end of field life.

Sampling/Monitoring Requirements

N/A

Reporting Requirements

What to Report:Materials lost or discarded at sea, including any materials deposited under conditions of force majeure, but excluding any materials legally deposited in accordance with the requirements of relevant legislation, must be reported to DESNZ, and every reasonable attempt must be made to recover them. PON2 reporting should be made via the Integrated Report Service (IRS) (guidance available here).  If the IRS system is unavailable, a PON2 Reporting Form should be used for the PON2 notification. General guidance on PON2 is available here.
Who to Report to:The PON2 notification must be made as quickly as possible and no later than 6 hours after the loss or the dumping. It is recognised that full information (particularly in relation to any recovery plans should these be applicable) may not be available within 6 hours but it is important that notifications are received as quickly as possible to allow any applicable response actions/instructions to be taken. Where all information is not available within 6 hours, the PON2 can be amended at a later time.
When to Report:If a vessel is making immediate attempts to retrieve the object then a report can be delayed, and if recovery is successful then no report is required. However, if it is going to take time to retrieve the object, or successful retrieval is doubtful, a PON2 notification should be submitted to DESNZ immediately.

Non Compliance

N/A

Renewal and Variation

N/A

Snippets

Some common sense should be applied as to the lower level of item that is reportable, e.g. a spanner is not reportable, but a scaffold pole could be pulled up by nets, plastic sheeting can harm wildlife and block water intakes and small items, e.g. radioactive sources, can be hazardous.




Legislation

Key Legislation:Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (Text with EEA relevance).The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (SCR 2015) replaces and revokes the Offshore Installations (Safety Case) Regulations 2005.

The primary aim of SCR 2015 is to reduce the risks from major accident hazards to the health and safety of the workforce employed on offshore installations or in connected activities. The Regulations also aim to increase the protection of the marine environment and coastal economies against pollution and ensure improved response mechanisms in the event of such an incident. As part of the introduction of the SCR 2015 there is now a requirement to include environmental information that was not previously required.  This includes the requirement to provide information on the Safety and Environmental Management System (SEMS), the Oil Pollution Emergency Plan (OPEP), the Corporate Major Accident Prevention Policy (CMAPP), general environmental information and the inclusion of Safety and Environmental Critical Elements (SECEs). Additionally, the potential for a Major Environmental Incident (MEI) from the installation and/or within the 500m safety zone must be considered and assessed as part of the Major Accident assessment, and a description of the results must be included within the Safety Case.
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed:Safety Case: All oil and gas operations in external waters, that is, the territorial sea adjacent to Great Britain and any designated area within the United Kingdom continental shelf (UKCS), require an approved Safety Case be in place. Different requirements apply to installations used for producing oil and gas compared to those used for other purposes, such as drilling, exploration or providing accommodation. The duty to submit safety cases and notifications is generally placed on a single duty holder in respect of each type of installation, namely the operator of a production installation and the owner of a non-production installation.
How to Apply:For new production installations to be established offshore, operators must send a notification to the competent authority at the early design stage. The notification must be followed by submission of a safety case before the installation can be operated. If a production installation moving to a new location in external waters and already has an accepted safety case, the operator must submit a revision of the safety case to the competent authority for acceptance. A revision to the safety case must be submitted to and accepted by the competent authority before a fixed installation is dismantled. Where revisions to the safety case result in a material change, these must also be submitted to the competent authority for assessment and acceptance prior to the changes taking effect.

A notification under SCR 2015 is also required if a production installation is to be moved to a new location in external waters or if a non-production installation is to be converted to a production installation. The notification must be followed by submission of a safety case, for the competent authority’s acceptance, before the installation can be operated. If a production installation moving to a new location in external waters already has an accepted safety case, the operator must submit a revision of the safety case to the competent authority for acceptance. A revision to the safety case must be submitted to and accepted by the competent authority before a fixed installation is dismantled. Where revisions to the safety case result in a material change, these must also be submitted to the competent authority for assessment and acceptance prior to the changes taking effect.

For non-production installations, the owner must submit a safety case before moving the installation in external waters for the purpose of operating it there. If a non-production installation is to be converted to a production installation, the owner must send a design notification and the operator must submit a revision of the safety case.

Guidance on regulations available here.
Who to Apply to:The Competent Authority - The Offshore Major Accident Regulator (OMAR) (previously The Offshore Safety Directive Regulator (OSDR)) is the Competent Authority (CA) responsible for implementing the requirements of the EU Directive on the safety of offshore oil and gas operations. When to Apply: The process for applying for a brand new Safety Case will involve an initial Design Notification (available here) to the OMAR CA at the Design Stage. An Initial Review template for Design Notification is available which details the requirements for Design Notifications.  A copy of the template should also be submitted to the OMAR CA along with the Design Notification itself.

If there is any drilling this should be covered under the rig Safety Case. If there is to be installation drilling, then the installation Safety Case must be approved prior to any work (3 months for submission-review, this may take longer depending on whether the CA have any Non-Acceptance Issues) and therefore any operational case needs to be submitted a minimum of 3 months before intention to operate.

Performance Standards

 Safety and Environmental Critical ElementsSafety and Critical Elements (SCEs) are now to be referred to as Safety and Environmental Critical Elements (SECEs). The required Performance Standards and Verification Scheme associated with SCR 2015 will require to refer to SECEs rather than SCEs.   The overall objective of the Verification Scheme is to establish a system of independent and competent scrutiny of SECEs throughout the life cycle of an installation and to obtain assurance that satisfactory standards will be achieved and maintained.  Guidance available here.

Sampling/Monitoring Requirements

Sampling Requirements:There are no specific sampling requirements. However, the regulations state that the following monitoring takes place:
Schedule 2 - Matters in accordance with which the corporate major accident prevention policy and safety and environmental management system must be prepared:The need to ensure there is a suitable framework for monitoring compliance with all relevant statutory provisions by incorporating statutory duties in respect of major hazards control and environmental protection into standard operating procedures.
Regulation 5 - Duties of Licensee:However, the licensee must assure themselves that the operator that is nominated is carrying out the functions correctly in practice. What is reasonable for this purpose will depend on the level of capability and resources available to the appointee and their track record in operating installations.

These duties fall jointly on all the partners in any licence. Even if they are not all active in pursuing the goals of a licence, they will need to agree and put in place a management system to ensure these duties are discharged.
Regulation 7 - Corporate major accident prevention policy:Arrangements should be put in place to ensure the effectiveness of the CMAPP is monitored by the management board on an ongoing basis.

The duty holder and well operator must set up a system for monitoring the CMAPP to ensure both the CMAPP and SEMS continue to remain effective and set the corporate values and goals.
Regulation 10 - Other provisions as to verification schemesA verification scheme will develop and should be subject to continual monitoring, revision and review throughout the installation’s life cycle. The verification scheme must outline the principles for keeping the scheme under review, and the duty holder should ensure that the scheme is reviewed as often as may be appropriate. These arrangements could include the requirement for a review or a more fundamental revision, in line with safety case reviews and revisions.
Regulation 12 - Other provisions as to well examination schemes:In line with the well operator’s responsibility for the effectiveness of the well examination scheme, the well operator must ensure the scheme is monitored, reviewed and revised as often as may be appropriate. Any development which could affect the pressure containment boundary must be incorporated into the examination process. Details of the examination scheme and sufficient records must be kept to form an auditable trail showing what work has been done, its findings, any recommendations made and any work carried out as a result.

Reporting Requirements

What to Report:Operators and owners of offshore installations, and well operators, are required to report certain incidents to OMAR (previously OSDR). There is a requirement to report incidents under a number of pieces of legislation including:

  • EU Commission Implementing Regulation No. 1112/2014 link to external website

  • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

  • Offshore Installations and Wells (Design and Construction, etc) Regulations 1996


To minimise the burden on industry, a single reporting tool is being developed for the reporting of incidents. The ROGI form, once completed, shall be sent by email to: [email protected].

Additionally, there is the requirement to report any spills to sea as per the PON1 process and any dropped objects as per the PON2 process (and RIDDOR from a Safety perspective).
Who to Report to:Any environmental concerns should be reported to the BEIS. Any health and safety concerns should be reported to the Health and Safety Executive.
When to Report:Any Major Accident should be reported by telephone to the HSE and/or BEIS as soon as possible.PON1 and PON2 notifications must be submitted to BEIS and the appropriate stakeholders within 6 hours.

Non Compliance

It is an offence to operate an installation in external waters without a <a href=”http://www.hse.gov.uk/pubns/priced/l154.pdf”>safety case </a>that has been accepted by the competent authority.

Renewal and Variation

Permit DurationThe Safety Case is a ‘living’ document that will be available and accepted for the life of the relevant installation.
RenewalA thorough review of the current safety case must be completed at least every five years or as directed by the competent authority.
Emergency VariationN/A
Update, Variation or New PermitRevisions that make a material change to the safety case must be submitted to the competent authority for acceptance. A material change is likely to be one that changes the basis on which the original safety case was accepted. The CA may also request that an update is made to the safety case if it deems there has been a material change. A revision to the safety case must be submitted to and accepted by the competent authority before a fixed installation is dismantled. The competent authority also has general powers to inspect the conduct of such reviews and to look at current safety cases at any time, supplemented by powers under regulation 25 to look at a developing safety case and related documents.

Snippets

The Offshore Thorough Review Process and Summaries Inspection Guide:This guidance, produced by Offshore Safety Directive Regulator (OSDR), sets out an effective inspection process for duty holders.





Legislation

Key Legislation and Guidance:
Supporting Legislation:
Guidance Notes:

Consent Needed and How to Obtain It

Mandatory Projects:EA is mandatory for the following offshore oil and gas projects:

  • Any development that is expected to produce more than 500 tonnes of oil per day

  • Any development that is expected to produce more than 500,000 cubic metres of gas per day

  • Pipelines greater than 40 km and with an overall diameter of more than 800 mm. Where a pipeline is wholly within a 500 metre radius around a well or fixed installation then an ES is not required
Other Projects:Where an EIA is not automatically mandatory, dispensation must be sought from the Department for Energy Security and Net Zero not to produce an ES. Projects (including drilling, modifications to existing developments, and Extended Well Test of >96 hours) are determined on a case-by-case basis. In general, projects in near shore or sensitive areas will be expected to require an ES.
Modification or Revision to Production Consent:An ES may also be required for a modification to a project or revision to production consent, unless the modification or revision decreases production, has no change on production levels or increases production only by a small amount. Prior to applying to EDU-LED to request a consent revision or renewal that involves an increase in the production level, the applicant should assess the proposed increase against the EIA thresholds (*).

  • If the average requested annual rate of production represents an increase greater than 500 tonnes of oil per day or 500,000 cubic metres of gas per day, an EIA Direction or ES will be required

  • If the increase in production does not exceed the base year, i.e. the first year of the consent in subsequent years then an EIA Direction or ES will not be required

  • If the increase is for an increase in the base year production then an EIA Direction or ES will be required

  • If the increase in subsequent years exceeds production in the base year, an EIA Direction or ES will be required


The base year for the comparison must be the current consented level of production for the field, i.e. the consented level of production during the calendar year of submission of the request for the consent revision. The comparative level of production can be the proposed level of production during the next calendar year, or the proposed average annual level of production during the duration of the requested consent. The averaging system could negate the requirement for an ES for a short-term increase in production that exceeds the thresholds (e.g. a large increase in the first year after intervention operations, followed by a rapid decline to levels that are lower than the thresholds), and EDU-LED is willing to consider applications for longer term production consents, whenever this is appropriate, if it would simplify the environmental application and approval process.

Notwithstanding the above guidance, it should be noted that Department for Energy Security and Net Zero has the discretionary right to request a PON15D or ES for any proposed revision of production consent, irrespective of whether the increase in the level of production will exceed the thresholds mentioned above. However, those powers would only be used under exceptional circumstances.

The Department for Energy Security and Net Zero (then DECC) has provided guidance on applications for environmental approval for revised production consents (see the Guidance Notes under the Legislation tab). They also provide examples of how to assess the potential EIA requirements for proposed production increases (Word document).
Pipeline extensions:An EIA/ES will also be required for the extension of a pipeline by 40 km and a diameter of 800 mm or more regardless of whether or not the pipeline forms part of a development.The following sections outline the requirements for the following:

  1. Seeking a Direction as to whether an ES is required

  2. How to proceed if a Direction is granted for no ES

  3. How to proceed if an ES is required
How to Apply:Procedure To Determine if ES is Needed

If a preliminary environmental investigation indicates that the project or modification is unlikely to have a significant adverse effect on the environment, and none of the mandatory conditions apply, then the operator may apply for a dispensation from the requirement to undertake the full ES process (i.e. a Direction). The procedure for doing this is to complete a PETS application and submit this to the Department for Energy Security and Net Zero. The application requires detail about the proposed project and the environmental sensitivities of the area. It may be useful to prepare a preliminary environmental assessment as background to the permit. If a Direction is wanted then it must be explicitly requested as part of the PETS submission. Applications should be made using the following forms (downloadable from the Department for Energy Security and Net Zero website):

PETS applications must be submitted electronically to the Department for Energy Security and Net Zero via the UK Oil Portal.

The application must be submitted in conjunction with a PON16 (Application for Consent). A PON16 proforma can be downloaded from the Department for Energy Security and Net Zero website.

Note: Under the new Portal Environmental Tracking System (PETS) (see DECC guidance), the Master Application Template (MAT) can be accompanied by various Subsidiary Application Templates (SATS) required for the following consents in addition to seeking an EIA Direction if so desired:

  • Chemical permit under the Offshore Chemicals Regulations 2002

  • Consent to Locate under Section 4 of the Coast Protection Act 1949

  • Disturbance Assessment of European Protected Species under the Offshore Marine Conservation (Natural Habitats &c) Regulations 2007 as amended by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2012

  • Marine survey Notifications or Geological Survey consents, e.g. for VSP Survey or other acoustic surveys

  • MCAA or a Marine Licenses


The chemical permit application sections and information for other consent applications can be completed and submitted at a later date (at least 28 days before operations), if submitting an application early in order to seek a Direction.

Schedule 1 to the EIA Regulations 1999 details what DECC will take into account in deciding whether a project is likely to have a significant effect on the environment.
Who to Apply to:The completed PETS application and background environmental assessment (if done) should be submitted to the Department for Energy Security and Net Zero. The Department for Energy Security and Net Zero will consult with their statutory consultees who are MS/CEFAS and JNCC to determine whether to grant a dispensation or request an ES.
When to Apply:The application, in which a Direction is sought, should be submitted at least 28 days before the planned project or modification along with the Application for Consent (PON16). However, if the Department for Energy Security and Net Zero consider the likely effects of the project or modification will have a significant impact on the environment, and do not issue a Direction, they will require an EA to be conducted and an ES to be prepared. The preparation of an ES and the carrying out of the required consultations will take at least 6+ months and may delay the project if the submission date of the PETS application and PON 16 is too close to the planned commencement date. Therefore, if not clear of the outcome, it is advisable to submit the PETS application and PON16 6+ months before the commencement date in case the Department for Energy Security and Net Zero requires an ES to be prepared. Where an EIA/ES includes information required for a Habitats Regulatory Assessment, an additional 4-6 weeks approval time should be allowed to allow for JNCC review.
Permits for Chemical Use and Discharge:New projects subject to mandatory environmental impact assessment (EIA) under the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 will also need permits under the Chemicals Regulations. The Department for Energy Security and Net Zero is willing to see the ES process used to minimise the need for a separate application to meet the Chemicals Regulations where sufficient detail is available.  The information required for any permit application giving details of the chemicals to be used and discharged can be included in the ES but will need to be presented in an additional chemical permit application. See Drilling Chemicals, Pipeline Chemicals and Production Chemicals.
Possible Outcomes From MAT and EIA Direction SAT:Procedure if ES is not needed and Direction Granted

If the Department for Energy Security and Net Zero is satisfied that the assessment in the EIA Direction SAT is valid and that the operation will not cause adverse environmental effects then a Direction may be given dispensing with the requirements for an ES. The Direction will be valid for a stipulated period (up to 2 years). The operator is required to retain a copy of the Direction issued by the Secretary of State so that it can be submitted with the Application for Consent (e.g. PON4 or PON16).
How the Process is Initiated:Procedure for Preparing Regulatory Environmental Statement

If the Department for Energy Security and Net Zero is not satisfied with the assessment in the EIA Direction SAT and believes that the operation will cause adverse environmental effects then the Department for Energy Security and Net Zero will require a statutory ES to be completed. The operator may also volunteer to undertake an ES.
Preparing the ES:Procedure if ES is not needed and Direction Granted

Once the Department for Energy Security and Net Zero has received the MAT and EIA Direction SAT, it will issue a list of environmental authorities that should be consulted during the preparation of the ES. These authorities may have information that should be included in the ES. Prepare the ES in accordance with the requirements of the Regulations. Schedule 2 to the EIA Regulations 1999 details the required contents of the Environmental Statement. If an EIA Direction SAT has not been submitted, the Department for Energy Security and Net Zero should be informed of the planned project and the decision to submit an ES in support of this. Where an ES is accompanying a Revised Production Consent only, reference should be made to the DECC Guidance. Where a full ES is required under the amended Regulations, the scope of the ES should be restricted to the potential effects of the proposed increase on the production only.
Schedule 3 Notification:A Schedule 3 Notification is required for the construction, maintenance, repair, replacement, protection or extension of a pipeline within 500 m of a well or another subsea or surface infrastructure to which it is directly or indirectly attached.  The form is available here and should be sent to [email protected].
Submitting the ES and Application for Consent (PON 16):Once the ES is finalised an Application for Consent (PON16) should be completed and then both documents should be submitted to the Department for Energy Security and Net Zero. At the same time, the ES must be publicised by placing an advert in the national, and any relevant local newspapers. The Department for Energy Security and Net Zero prefer to be sent 4 copies of the ES (and any additional material called for).

Public Notice

The ES must then be made available to both statutory consultees and the public. The Department for Energy Security and Net Zero will inform the operator who the statutory consultees are, as each consultee should be sent a copy. The public must be informed in the newspaper notification (see the Snippets tab) where they can obtain a copy.

Both the public and statutory consultees have a set period (normally 28 days) in which they can comment to the Department for Energy Security and Net Zero on the ES. The Department for Energy Security and Net Zero must take any comments relating to the ES into account when determining whether to grant consent. It should be noted that the Department for Energy Security and Net Zero is obliged to take account of any comments made after the consultation period up to the date they grant consent (also see "Possibility for Overturning Consent" below).

The Department for Energy Security and Net Zero may either grant consent or request further information. In the event of further information, the whole process of notice and public consultation is repeated.

If consent is granted it may include consent conditions that must be complied with. The Department for Energy Security and Net Zero can refuse consent if it considers the potential environmental effects of the new project to be too adverse.

A Sample Public Notice can be found in the revised Department for Energy Security and Net Zero EIA Guidance (see the Snippets tab).
When to Submit:At least 3 months before the project approval is required (as time will be needed for the advertisement and consultation process referred to above). If this is not done then there is the potential to hold up the project considerably. Revised Department for Energy Security and Net Zero EIA Guidance Notes suggest 6 months as a maximum approval period. Project consent approval (e.g. Field Development Plan, PON4, Consent for Test Production) is dependent on ES approval, where an ES is required.

Note: Amendments to the EIA Regulations under the Public Participation Directive, which came into effect on 25 June 2005 means that if following submission of the ES there is additional information submitted which is deemed to be substantial, the additional information will be required to go to public consultation (i.e. further adverts in the press and an additional 28 day public notification period).
Possibility for Overturning of Consent:The Regulations include a provision for parties to appeal through the courts to have the consent overturned. They have a period of six weeks to do this. If this is done then the consent will be suspended pending the court process. Appeal must be because some aspect of the required ES and consultation process has not been complied with.

Performance Standards

Deep Water Horizon:As information has become available about the Macondo incident, DECC has been considering its impact on the UK environmental regime.In line with existing DECC Guidance, EIAs are already required to include a detailed assessment of the potential environmental impact of a hydrocarbon release, broadly based upon the OPEP requirements but including significant additional detail in relation to the mitigation measures in place to prevent a release and the potential environmental impacts of a release. Operators have been recommended to include this assessment as an annex to the main body of the ES (or a standalone complete chapter), so that it can be maintained and updated as necessary and could form part of the OPEP justification document as required by the OPEP Guidance. This EIA Guidance is unchanged, but the scope of the assessment must now be extended to match the revised scope required for OPEPs.
Habitats Directive and Birds Directive:DECC is obliged to take proper account of the obligations stemming from the Birds and Habitats Directives to protect and conserve the marine environment. A number of offshore sites have been designated as draft or possible SACs (see JNCC website).Where the Secretary of State considers that there may be significant effect on the conservation objectives, they may require a Habitats Regulatory Assessment to be undertaken.If this is the case, JNCC will recommend that as competent authority DECC undertakes a screening for a Habitats Regulatory Assessment (SHRA) or a full Habitats Regulatory Assessment (HRA). The ES or EIA Direction SAT should contain adequate information to enable DECC to undertake the assessment.
Assessment of Disturbance of Marine European Protected Species:Under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2009 (as amended), a person is guilty of an offence if he:
(a) deliberately captures, injures, or kills any wild animal of a European protected species, or

(b) deliberately disturbs wild animals of any such species.

Disturbance of animals includes in particular any disturbance which is likely to:
(a) impair their ability:

  • to survive, to breed or reproduce, or to rear or nurture their young, or

  • in the case of animals of a hibernating or migratory species, to hibernate or migrate, or


(b) to affect significantly the local distribution or abundance of the species to which they belong.

Marine European Protected Species (EPS) includes all species of cetaceans, all species of marine turtles and sturgeon.

The onus is on the developer carrying out an activity to:

  1. Assess the likelihood of committing a disturbance offence

  2. Consider the need for mitigation measures

  3. Decide whether to apply for a Wildlife Licence (see below).


A description of the assessment of the likelihood of committing a disturbance offence must be included in the PON14A application. Guidance on undertaking such an assessment is included in the JNCC's The protection of marine European Protected Species from injury and disturbance for England, Wales and the UK offshore marine area. This document is currently being updated by the JNCC and a new link will be provided once the document is released.
Wildlife Licences:If there is a risk which cannot be removed or sufficiently reduced by the taking of mitigation measures then a Wildlife Licence may be required to be granted by the regulatory authorities for a number of "purposes". Purposes include "over-riding public interest" and "scientific and educational purposes". Licences can however only be issued where there is no satisfactory alternative. It is expected that the majority of activities will not require a Wildlife Licence since their potential for disturbance will fall below the threshold of the office in the Regulations. Further information can be found on the European Protected Species (EPS) page.

Revisions to wildlife licenses effective from 1 January 2015 (England only)


Changes to general and class licence updates have been implemented after Natural England's public consultation in 2014. From 1 January 2015, a licensee must make sure that they are operating under the conditions of these updated licences (as detailed here).
Conditions in Consent:

ES approval and project approval are likely to contain conditions, in particular the expectation that commitments made in terms of environmental impact mitigation and management within the ES will be adhered to.
Transboundary Effects:If the project is likely to have significant transboundary effects these must be addressed in the EIA and reported in the ES.When seeking a Direction under the Regulations, the requirement for an EIA will also be determined (amongst other things) by the likelihood and significance of transboundary impacts.
Strategic Environmental Assessment Directive:Council Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environmentThe Directive aims to introduce a strategic environmental assessment before an area is opened for development. Access to resources might be denied on the basis of environmental scenarios, considered before an area is opened for licensing and the actual environmental impact together with the economic and social benefits are known.The scope of the Directive applies to projects of the type listed under Annexes I or II of Council Directive 85/337/EEC as amended; or may have a likely effect on a site designated under the Habitats or Birds Directive. Projects listed include extraction of petroleum and natural gas.An environmental assessment undertaken under this Directive, does not remove any obligation for environmental assessments under the EIA Directive (Council Directive 85/337/EEC).The UK implemented the SEA Directive in England and Wales through the Environmental Assessment of Plans and Programmes Regulations 2004. DECC has already started undertaking a series of SEAs for oil and gas activities on the UKCS.The Environmental Assessment (Scotland) Act 2005 came into force on 20 February 2006. This is the equivalent Scottish legislation. The Act repealed the Assessment of Plans and Programmes (Scotland) Regulations 2004.SEA is a key component of sustainable development establishing new methods in environmental protection and opportunities for participation in public policy. SEA achieves the following:

  • Monitoring significant environmental effects of public sector strategies, plans and programmes

  • Expert views are sought at varying stages from SNH, SEPA, Historic Scotland and the public

  • A public statement demonstrating how public opinions have been taken into account


Guidance and an SEA tool-kit are available from the Scottish Government website.
Public Participation Directive:The Public Participation Directive (PPD) (PDF document - 2003/35/EC) requires a number of aspects of public notification and consultation:

  • An outline of main alternatives (if any) should be included in permit applications

  • The public should be notified and made aware of any decisions making available relevant consents and permits with the reasons and considerations on which decisions have been based

  • Public notification at the earliest possible time where the information can be provided on the nature of possible decisions

  • Making available within time frames the necessary reports, advice issued to the regulator in accordance with legislation when applications were made and information relevant to a decision which only became available after advertisement of an application.


The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 have also been amended in line with PPD:

  • Mandatory EIA will be required for the extension of offshore developments where an increase in production exceeds 500 tonnes of oil or 500,000 m3 of gas per day. It also applies to the extension of a pipeline by 40 km and a diameter of 800 mm or more regardless if the pipeline forms part of a development.

  • The Government must publicise information on any offshore oil/gas development in neighbouring states that may have a transboundary impact on the UK offshore environment.

Sampling/Monitoring Requirements

N/A

Reporting Requirements

N/A

Non Compliance

Project Proceeds in Breach of Requirements:If the project or modification begins without an Application for Consent (PON 16) and either a Direction or an ES being approved, or it is carried out in breach of conditions set out in the consent, then a court order can be sought requiring the cessation of the project. If the operating company is found to be at fault, it may be prosecuted and required to remove any equipment installed and return the location to its former state.
Offshore Inspection:The DECC Environmental Inspectorate Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement, including prosecution.
Deliberate Disturbance of Marine European Protected Species:If it has not be satisfactorily demonstrated to the Regulator that significant disturbance will not occur or where a Wildlife Licence is not held, an offence will have been seen to have been committed under the Habitats Regulations (as amended) or the Offshore Marine Conservation Regulations (as amended).

Renewal and Variation

Renewal:An EIA Direction SAT and ES will remain valid for two years. If an operation does not go ahead within this time then a new application/renewal of ES will be required.Any project variation that may alter the findings of the EIA undertaken must be notified to DECC. They may request additional environmental information to be supplied. For significant variations, they may request an additional EIA be undertaken and ES submitted as this may qualify as a project modification.

Snippets

The Department for Energy Security and Net Zero ES Review:The Department for Energy Security and Net Zero undertook a review of the quality of ESs submitted under the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999.
The Department for Energy Security and Net Zero (then DECC) Response to CTL Consultation:The Department for Energy Security and Net Zero Response to the Consultation Guidance Relating to the Consent to Locate Process Under Part 4A Of The Energy Act 2008  The document produced is the Department for Energy Security and Net Zero's response to the consultation carried out in 2012, seeking views on changes to the new consenting process following the transfer of provisions from the Coast Protection Act.A guidance document can be downloaded from the UK Government's website (PDF document).
Consultation on Environmental Impact Assessment amending Scottish Environmental Impact Assessment Regulations to Transpose Directive 2014/52/EUScottish Ministers are inviting comments on a Consultation (available here), setting out proposals for implementing Directive 2014/52/EU (amending) Directive 2011/92/EU on the assessment of the effects of certain public and private projects in the environment. Any responses must be submitted by 31st October 2016.
Consultation Outcome - Transposition of Environmental Impact Assessment Directive: Regulations on Offshore Hydrocarbon Related Developments and on PipelinesThis Consultation was on proposals for implementing amendments to the EU Directive on environmental impact assessments.  Draft regulations were presented which would amend these existing Regulations insofar as they apply to the consenting regimes for offshore hydrocarbon related developments including pipelines.
DECC Guidance for Development of Transboundary Oil and Gas Fields with Norway (PDF document):These Department for Energy Security and Net Zero (then DECC) Guidance Notes give advice to licensees on the development of oil and gas field reservoirs that extend across the median line between the United Kingdom and Norway. They have been developed jointly with the Norwegian Petroleum Directorate and include links to both UK and Norwegian legislation and Guidance. They should not be read in isolation from that legislation.  The Guidance Notes are designed to help companies through the process of seeking Government approval for the development of transboundary reservoirs.
Deep Water Horizon:ESs must include a detailed assessment of potential oil spill releases, based on the revised OPEP requirements but including more detail in relation to the measures to prevent and control the release, the results of the modelling and the potential environmental impacts.
Licence Conditions:Don’t forget the EIA legislation does not take away the need to ensure licence conditions are met.  If it is felt the conditions are no longer required, then the Department for Energy Security and Net Zero is willing to consider rescinding or varying licence conditions as appropriate.
Offshore Energy Strategic Environmental Assessment (SEA): An OverviewThe Department for Energy Security and Net Zero has published guidance which provides an explanation of the SEA process.
PON 10 - Pro Forma for Reporting non-compliance with consent conditions, under Part 4a of the Energy Act 2008, includes the failure of aids to navigation:This new PON relates to the reporting of non-compliance with consent conditions under the Energy Act 2008.Any non-compliance with the consent conditions relating to the provision of:

  • Any lights, signals or other aids to navigation

  • Stationing of guard ships in the vicinity of the operations

  • Any other measures for the purposes of, or in connection with, controlling the movements of ships in the vicinity of the operations


These provisions must be reported immediately by completing this form and sending it to DECC and UK Hydrographic Office.

The PON 10 proforma can be downloaded from the UK Government's website
Portal Environmental Tracking System (PETS) - Draft Industry Guidance:DECC has produced draft Industry User Guidance (PDF document) on the new permit tracking process through PETS. This document will be updated regularly by DECC. Queries regarding PETS should be addressed to:Derek Saward
E-mail: [email protected]
Tel: 01224 254037
The 29th Licencing SchemeThe 29th Licencing Scheme has been announced by the North Sea Transition Authority (NSTA).  A new, more flexible approach has been adopted in the form of the Innovate Licence. More details available here.
The OSPAR Data and Information Management System (ODIMS)The OSPAR Data and Information Management System (ODIMS), is now live. ODIMS is OSPAR’s one-stop online geoportal providing access to OSPAR data and associated metadata.  It is available here.
Town and Country Planning (Historic Environment Scotland) Amendment Regulations SSI 2015/237 :Relates to SSI 2015/237, which takes account of the role of the new non-departmental public body, Historic Environment Scotland in relation to processes of development planning and environmental assessment. These Regulations which entered into force on the 1st October 2015 and apply to Scotland only, takes account of the role of the Historic Environment Scotland, a new non-departmental, public body, in relation to processes of developmental planning and environmental assessment. These Regulations, which can be cited as the Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015, make amendments to the following:

  • Environmental Impact Assessment (Scotland) Regulations SSI 1999/1;

  • Town and Country Planning (Development Planning) (Scotland) Regulations SSI 2008/426;

  • Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations SSI 2011/139;


Town and Country Planning (Development Management Procedure) (Scotland) Regulations SSI 2013/155.
UK Offshore Energy Strategic Environmental Assessment 3 (OESEA3)The UK OESEA3 was published by the Department for Energy Security and Net Zero (then DECC) 2016 as is available here.





Legislation

Key Standards and Legislation:
Supporting Standards and Legislation:
Guidance:

Guidance on BS EN ISO14001:2015 and BS 8555:2003 can be found at the British Standards Institute (BSI) website. This website includes both information on the standards and how to implement them. The information note for ISO 14011:2015 can also be found here.


Further information on EMAS can be found at the dedicated website.


Guidance on the reporting requirements for the EMS under OSPAR recommendation 2003/5 is available here.

Consent Needed and How to Obtain It

OSPAR recommendation 2003/5:

The OSPAR recommendation requires that contracting operators must:




  • Implement an environmental management system in accordance with the principals of internationally recognised standards (Note: BS EN ISO 14001 is the only international standard)

  • Obtain verification of their environmental management system from the relevant verifier, e.g. UKAS

  • Develop an annual publicly available Environmental Statement (Annual Statement) including a description of the environmental management system, the environmental policy, objectives and targets, and a summary of environmental performance including relevant legislative requirements (e.g. OSPAR Recommendation 2003/5 including requirements) (Word document).


For operators who are not registered to ISO 14001 or EMAS, BEIS requires a number of actions to ensure full compliance with the requirements of the OSPAR Recommendation.The operators EMS must be independently verified to demonstrate it is in accordance with environmental requirements.
BS EN ISO 14001:

Any organisation can can apply for accreditation to ISO 14001. Organisations seeking accreditation must:




  • Implement the requirements of the standard (see the Performance Standards tab)

  • Contact UKAS to identify appropriate accreditation body

  • Arrange for audit by accreditation body
EMAS:

Organisations wishing to attain accreditation to EMAS must:




  • Be an organisation based or trading within the EU

  • Must have an environmental management system which meets the requirements of BS EN 14001

  • Contact UKAS to identify the appropriate accreditation body

  • Implement the requirements of EMAS

  • Arrange for audit by accreditation body

Performance Standards

Environmental Management System:

All of the standards and recommendations require the establishment and implementation of an Environmental Management System all of which share common principals. The basic requirements of an EMS are outlined below:




  • Develop an environmental policy statement.

  • Identify environmental aspects, including highlighting those which are significant.

  • Identify relevant legislation and determine how requirements apply to the companies environmental aspects.

  • Develop environmental objectives and targets.

  • Ensure that there are available resources to comply with the requirements of the EMS.

  • Ensure that personnel have the relevant training or experience, particularly in areas where significant environmental aspects have been identified.

  • Identify potential emergency situations and accidents which may have environmental consequences and develop response and mitigation procedures.

  • Monitor and measure key characteristics of companies operations that could have significant environmental impacts.

  • Evaluate compliance with applicable legal requirements .

  • Undertake audits against the requirements of the standard and the requirements of the EMS.
DECC Review of Annual Statements:

Following a review of submitted Annual Statements BEIS issued revised guidance for the content of these effective from 1 June 2008 onward (see Guidance under the Legislation tab):




  • Operators to detail all UKCS operations including; all installations, FPSOs, tie-back fields, drilling operations and decommissioning.

  • Inclusion of operations schematic with location map.

  • Brief description of EMS and its ability to manage an improvement in environmental performance.

  • Copy of Environmental Policy.

  • Description of Environmental Goals.

  • Description of objectives and targets set to manage significant environmental impacts.

  • All installations are to report as a minimum on:

    • PON 1s - volume of oil and chemical notifications.

    • OPPC oil discharges - oil and water figures from EEMS.

    • Chemical use - using EEMS ranking classifications.

    • Waste products generated - as per EEMS.

    • Atmospheric emissions - as per EEMS.

Sampling/Monitoring Requirements

Monitoring requirements:

Monitoring requirements for all three standards (BS EN ISO 14001/EMAS and BS8555/2003) depend on the nature and scale of the activities, products and services associated with the organisation.


However under all three schemes, organisations must monitor their:




  • Significant environmental aspects

  • Any restrictions set through legislative consents

  • Environmental performance

  • Any other restrictions set by additional internal requirements and commitments

Reporting Requirements

OSPAR Recommendation 2003/5:
This promotes the use and implementation of Environmental Management Systems within the offshore industry.


By 1 June 2007, all operators undertaking offshore activities during 2006 will have prepared an Annual Statement covering that calendar year and made the statement available to the public. A public statement is already a requirement for operators registered with EMAS. This promotes the use and implementation of Environmental Management Systems within the offshore industry.


All operators with an EMS that is accredited to ISO 14001 or EMAS will have commissioned and completed an independent verification of their EMS to confirm it is in accordance with the elements and requirements of the Recommendation by 1 September 2006. By 8 September 2006, all operators will have notified BEIS providing full details on the status of their EMS.


For operators who are not registered to ISO 14001 or EMAS, BEIS requires a number of actions to ensure full compliance with the requirements of the Recommendation. The operator’s EMS must be independently verified to demonstrate it is in accordance with environmental requirements.


Following a review of Annual Statements, BEIS issued revised Guidance on their content (see the Performance Standards tab).
BS EN ISO 14001:
BS EN ISO 14001 requires organisations to report internally at management review meetings. This includes:

  • Results of internal audits

  • Evaluation of compliance with legal requirements and other requirements associated with the organisation

  • Communication from external interested parties including complaints

  • Environmental performance

  • Achievement of objectives and targets

  • Corrective and preventative actions

  • Follow up actions from previous management review meetings

  • Changing circumstances (e.g. legal, new developments, changes to activities, etc.)

  • Recommendations for improvements and changes to the EMS (including policy/objectives, etc.)
EMAS:
It is a requirement of EMAS that participating organisations regularly produce a public environmental statement that reports on their environmental performance. This is a voluntary publication of environmental information, whose accuracy and reliability has been independently checked by an environmental verifier, that gives EMAS and those organisations that participate enhanced credibility and recognition. The requirement for a statement is covered by annual environmental statements produced under the OSPAR Agreement.
BS8555/2003:
Reporting requirements depend on the stage of the standard the organisation has achieved certification to and whether the organisation is aiming to implement BS EN ISO 14001 or EMAS.

Non Compliance

BS EN ISO 14001/EMAS/BS 8555: 2003:

Once an organisation has achieved accreditation to the standards, failure to comply can result in an organisation losing its accredited status.

Renewal and Variation

EMAS/BS EN ISO 14001/BS8555: 2003:For each of the standards external verification is required by a UKAS accredited verifier. The period of external verification will vary depending on the length of time the organisation has been accredited, however it is generally an annual requirement in the initial stages of accreditation.

Snippets


Revised ISO 14001 receives overwhelming support:


 

Revision of ISO 14001 has moved into its final stages with the results of the latest positive ballot on the Draft International Standard.
Revision to ISO 14001 Standard:

ISO is in the process of revising the current ISO 14001 standard. The revised standard was published in January 2015.


An agreement has now been reached on the draft text for the revised ISO 14001 Standard for the next round of consultation.
Commission Decision 2007/747/EC:

Decision 2007/747/EC formally recognises certification procedures in EU eco-management and audit scheme (EMAS).





Legislation

Key Legislation:
Guidance:

The NSTA has published its procedure for enforcement decisions in relation to the Energy Act 2016, part 2, Chapter 5. The NSTA is empowered to give sanction notices when compliance with one of three petroleum related requirement has failed:

  • A duty imposed under section 9c of the 1988 Act to act in accordance with the Strategy for enabling the Principal Objective to be met

  • A term or condition of an offshore licence


A requirement imposed on a person by or under the 2016 Act which is sanctionable in accordance with Chapter 5 of the 2016 Act

Consent Needed and How to Obtain It

N/A

Performance Standards

Definition of Environmental Damage:The Regulations do not cover all types of damage to the environment. Environmental damage only refers to:

  • Adverse effects on the integrity of a Site of Special Scientific Interest (SSSI) or on the conservation status of species and habitats protected by EU legislation outside SSSIs

  • Adverse effects on surface water or groundwater consistent with a deterioration in the water's status (Water Framework Directive)

  • Contamination of land that results in a significant risk of adverse effects on human health.


Extent of liability

The Regulations introduce two types of liability: fault-based liability in respect of environmental damage to protected species and natural habitats from all other occupational activities and strict liability in respect of environmental damage, caused by a specified range of 'occupational activities'. There is strict liability without the need to show fault for activities listed in Schedule 2 of the Regulations, these include:

  • Activities requiring Environmental Permits

  • Discharges to water

  • Groundwater discharges

  • Water abstraction or impoundment

  • Use of pesticides, biocides or dangerous substances

  • Use and release of Genetically Modified Organisms

  • Transporting dangerous goods.


There is also liability where an operator has intended to cause damage or has been negligent but only for damage to SSSIs or EU species or habitats.

There are certain exemptions such as damage caused by acts of terrorism or natural disasters or damage falling within certain international conventions (e.g. oil pollution).

Third parties may report potential damage to the competent authorities, who are then required to investigate.

Operator roles and responsibilities

  • Take steps to prevent damage or further damage and notify the authority in the event of any damage covered by the Regulations

  • Provide information and undertake preventive and remedial measures as required by the authority

  • Submit proposal for remediation as required

  • Pay costs claimed by the authority in relation to "environmental damage"

Sampling/Monitoring Requirements

None, although there may be requirements for monitoring post environmental damage remediation

Reporting Requirements

What to Report:Operators are required to take immediate steps to prevent damage or further damage and to notify the enforcing authority.
Who to Report to (in England and Wales):Report to the Environment Agency for:

  • Damage caused by operations regulated by the Environmental Agency under the Environmental Permitting Regulations

  • Damage to EU species and habitats in the sea caused by operations regulated by the Environment Agency

  • Damage to water caused by activities regulated by Local Authorities under the Environmental Permitting Regulations

  • Damage caused by other operations to water and species and habitats present in water but not the sea


Report to the Marine and Fisheries Agency for:

  • Damage to EU species and habitats in the sea other than where the operation is regulated by the Environment Agency


Report to the Countryside Council for Wales and Natural England for

  • Damage to EU species and habitats on land or to an SSSI, except where an operation is regulated under Environmental Permitting Regulations

  • Damage to EU species and habitats on land or to an SSSI caused by operations regulated by Local Authorities under the Environmental Permitting Regulations


Report to the Local Authorities for

  • Damage caused by operations regulated by Local Authorities under the Environmental Permitting Regulations

  • Damage to land caused by operations regulated by Local Authorities under the Environmental Permitting Regulations

  • Damage to land other than SSSIs for activities other than those regulated under the Environmental Permitting Regulations
When to Report:As soon as damage is known of.

Non Compliance

Environmental damage:The relevant competent authority (see the Reporting Requirements tab) must establish whether damage is environmental damage as defined under the Regulations and identify a responsible operator. In the event of damage under the Regulations, the competent authority will then serve a remediation notice taking account of any remediation measures proposed by the authority. The competent authority may also, if required:

  • Take steps to prevent or remedy damage

  • Require information or action from operators
Requirements for Remediation:For damage to SSSIs or EU species and habitats and damage to water, the approach is more comprehensive than in existing legislation. It consists of:

  • Primary remediation - measures to restore the damage itself

  • Complementary remediation - measures, including at alternative sites, to compensate for where primary remediation does not fully restore the damage

  • Compensatory remediation - measures to compensate for the losses of natural resources while the damage is being restored

  • Land remediation - removal or control of contaminants so that the land no longer poses any significant risk of adversely affecting human health
Right of Appeal:Where the authority determines that there is environmental damage and notifies the operator, the operator may appeal within 28 days. Grounds for appeal include:

  • The activity did not cause the damage

  • The authority has unreasonably decided that the damage is environmental damage

  • The damage was the result of an act of a third party

  • The operator was not at fault or negligent and the emission or event was:

    • authorised and in accordance with a permit, or

    • in accordance with the state of scientific knowledge (except with respect to GMOs in Wales)




Operators may also appeal against a remediation notice on the grounds that the contents of the remediation notice are unreasonable.

Renewal and Variation

N/A

Snippets

Consultation on Amending the Environmental Damage (Prevention and Remediation) Regulations 2009 in England and Wales to transpose Article 38 of the Offshore Safety Directive 2013:Defra and the Welsh Government were seeking comments (by 21 September 2014) on proposals to transpose Article 38 of Directive 2013/30/EU on the safety of offshore oil and gas operations (OSD). Article 38 has extended the scope of the Environmental Liability Directive (ELD) into the marine environment in relation to offshore waters. The ELD already applies to, amongst other things, damage affecting protected habitats and species out to 200 nautical miles and damage to waters covered by the Water Framework Directive (WFD) which extend up to 1 nautical mile seaward from the baseline in England and Wales. Article 38 of the OSD amends the ELD to extend the geographical scope of the ELD to include damage to marine waters, as defined in the Marine Strategy Framework Directive (MSFD).
Consultation on the implementation of Directive 2013/30/EU on the safety of offshore oil and gas operations and amending Directive 2004/35/EC, and on the review of offshore Approved Codes of Practice and the updating of UK onshore oil and gas safety legislation to cover emerging energy technologies:Although now closed, this consultation sought views on the proposed UK approach to implement the offshore safety Directive (2013/30/EU). This will involve the introduction of new legislation and the amendment of existing legislation. The intention is to maintain as much as possible of the existing offshore safety and environmental regime. As well as these legislative changes, the consultation also presents proposals for new administrative procedures, and the establishment of an offshore competent authority. It also sought views on HSE's proposals to update onshore oil and gas health and safety legislation to take account of emerging energy technologies and the review of two Approved Codes of Practice: Prevention of Fire and Explosion, and Emergency Response on Offshore Installations (PFEER); and Health Care and First Aid on Offshore Installations and Pipeline Works. Draft versions of the following proposed Regulations are included:

  • The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015

  • The Offshore Petroleum Activities (Offshore Safety Directive) (Environmental Functions) Regulations 2015

  • The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015;


As well as draft amendments to the following existing Regulations:

  • The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995

  • The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995

  • The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998
Fire prevention plan guidance reviewThe current guidance on fire prevention plans is being reviewed. The consultation ended on 4th March 2016 (link here).
MGN 507 (M+F) (Amendment 1) Oil Pollution: - bunker oilThis notice informs ship-owners and masters about maintaining compulsory insurance against liability for bunker oil pollution damage (link here).
Onshore Oil and Gas sector guidance consultationThis consultation was on guidance for oil and gas companies and their consultants setting out which environmental permits are needed for onshore oil and gas exploration and extraction operations in England. The consultation closed on the 3rd March 2016 (link here).





Legislation

Key Legislation and Guidance:
Supporting Legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed:No consent is required, although annual reporting where derogations or exemptions are being used is required to be submitted to the Department for Energy Security and Net Zero.


The Department for Energy Security and Net Zero will regard the licensed operator (i.e. the licence holder) as being responsible for ensuring that the provisions of the EU F-Gases are complied with. Where another company is responsible for management of operations, the licensed operator will still need to make sure that sufficient systems and procedures are in place to ensure adherence to the requirements, e.g. where a MODU is in the field on contract.
How to Apply:N/A
Who to Apply to:N/A
When to Apply:N/A

Performance Standards

Control of the placing on the market and use of controlled substances:

F-Gas Containing Equipment


The placing on the market of certain F-Gas containing equipment is prohibited. This equipment is listed in Annex II to the EU Regulations. If any operators obtained such equipment on or after that date they may be required to remove it for safe disposal/destruction, unless it can be proven that it was manufactured before the applicable prohibition date.
Leakage prevention and Recovery:

Operators of refrigeration and air-conditioning systems, heat pumps (including their circuits) and fire-protection equipment are to:




  • Prevent leaks of F-gases listed in Annex 1 to the EU F-Gas Regulations (i.e. HFCs, PFCs and SF6)

  • Repair detectable leakages ASAP (also see the Reporting Requirements tab) and check within one month that repairs have been effective


Fire protection equipment installed before 4 July 2007 had to have a leakage detection system for F-Gases fitted by 4 July 2010 (obligations would be fulfilled where an existing inspection regime is in place to meet the ISO 14520 standard) (also see the Sampling/Monitoring Requirements tab).


Equipment containing >300kg of F-Gas should have a leakage detection system (LDS) installed (also see the Sampling/Monitoring Requirements tab).
Labelling:

Where F-Gases are added on site to relevant equipment, the quantity added/resulting total quantity should be recorded on the existing label, in line with Commission Regulation (EC) No 1494/2007 (PDF document).

Sampling/Monitoring Requirements

Leakage Inspections:Operators are required to inspect relevant equipment for leakages according to the schedule provided in Annex A of the DECC Guidance on the EU F-Gases Regulations.

  • 3 kg+ F-Gas - once every 12 months (except for appliances labelled as hermetically sealed and where the content of F-Gas is <6kg).

  • 30 kg+ F-Gas - once every 6 months. Where leakage detection systems are installed inspections can be every 12 months.

  • 300 kg+ F-Gas - once every 3 months. Equipment containing these levels of F-Gas should have a leakage detection system installed (to be checked every 12 months) - inspections would then be every 6 months.

  • Fire protection equipment installed before 4 July 2007 had to have a leak detection system fitted by 4 July 2010. This obligation would be met if an inspection regime met ISO 14520 standards.


The equipment or system also needs to be checked for leakage within one month after a leak has been detected to make sure the repair has been effective (it is recommended that Operators ensure leakage checks are undertaken by certified personnel).

Relevant equipment is to be inspected in line with the following recent EU Regulations on leakage checking standards:

Reporting Requirements

What to Report:The following data should be reported:

  • Data on total F-gas emissions to air from intentional/inherent and unintentional/accidental releases should be acquired by operators.

  • The operator of equipment shall notify the Department for Energy Security and Net Zero on an annual basis (via the Environmental Emissions Monitoring System – EEMS) of the quantities and types of F gas released from, or contained in, their equipment on an installation-by-installation basis.

  • Additionally, significant unintentional/accidental releases of F-gas emissions equal to or greater than 250 tonnes of CO2 equivalent must be reported (along with the corresponding amount in kg) to the Department for Energy Security and Net Zero  using the form on page 18 of the Department for Energy Security and Net Zero F-Gas Guidance (also available as a Word document on the Department for Energy Security and Net Zero website).

  • Any potential, or actual instances of, regulatory non-compliance.


For relevant equipment containing 3 kg+ F-Gases, operators are also to maintain records of the:

  • Quantity/type of F-gases installed and any quantities added.

  • Any F-gases that are added to, or recovered from equipment on site during maintenance servicing and final disposal.

  • Leakage checking/repairs - including the dates and results of the checks.

  • Checks on the proper functioning of any leakage detection systems that are fitted to equipment - including the dates and results of the checks.

  • Identification of the technician (or Company) who performed the servicing/maintenance/leakage checking - including any checks on leakage detection systems.

  • Information identifying separate equipment with 30 kg+ and 300 kg+ of F-Gases.


The template provided in the Department for Energy Security and Net Zero F-Gas Guidance can be used for recording the above data.

These records are to be made available on request to the Department for Energy Security and Net Zero (for checking compliance and if needs be for responding to requests for such information from the EU Commission).


The Department for Energy Security and Net Zero (formerly DECC) put out an Environmental Alert in November 2013 alerting operators that many have not been reporting all F-Gas emissions to the atmosphere through the Environmental Emissions Monitoring System (EEMS). It is the Department for Energy Security and Net Zero's understanding that this is attributed to a mistaken belief that if an F-Gas is not listed on the relevant EEMS reporting form then this eliminates the requirement to report the emission.


The Department for Energy Security and Net Zero reiterates the point that when operators become aware of the requirement to report an F-Gas to EEMS that is not included within the existing reporting form, they are requested to inform the Department for Energy Security and Net Zero by e-mail, who will then arrange for this product to be added to the return. This will ensure the details of the F-Gas are recorded on the system for future reporting.
Who to Report to:

Use and Service/Maintenance/Leakage Tests - Records to be maintained and made available to the Department for Energy Security and Net Zero on request.


Emissions to atmosphere - report via EEMS Portal (see EEMS website).


Non compliances should be reported to the Department for Energy Security and Net Zero Offshore Inspectorate at the following email address: [email protected]
When to Report:

An EEMS report is to be submitted by 7 February each year.


Unintentional/accidental releases of F-Gas 250 tonnes CO2 equivalent - report within 48 hours of the incident occurring.


Other records are to be made available on request to the Department for Energy Security and Net Zero (i.e. for checking compliance and if needs be for responding to any requests for such information from the EU Commission).

Non Compliance

Non conformance:Obligations enforced by the F-Gas Regulations 2009 which set out offences/penalties for non-conformance, powers include:

  • Enforcement Notices

  • Prohibition Notices (where serious risk of pollution)

  • Court proceedings and financial penalties

  • Fixed fee penalties for certain activities


Any potential or actual non-compliance with The Fluorinated Greenhouse Gases Regulations 2015 or other F-gas regulations, as appropriate, must be reported to OPRED through the submission of an F-Gas NCN via the Integrated Reporting Service (IRS) on the UK Energy Portal. If the IRS system is unavailable, the EU F-Gas reporting form should be sent to OPRED.

Renewal and Variation

N/A

Snippets

Ban on certain F-Gases:OPRED have released a statement that the EU and the UK are reducing the availability of hydrofluorocarbons by 79% between 2015 and 2030 . A ban has been placed on certain F-gases with a global potential of 150 or more in certain circumstances.
Environmental Alert 03/2014 - EU F-Gases Regulations:DECC (now Department for Energy Security and Net Zero) issued an Environmental Alert (PDF document) report after identifying a number of "non-compliances" under The Fluorinated Greenhouse Gases Regulations 2009, alerting operators to the newly-published DECC guidance.





Legislation

Key Legislation:
Supporting Legislation:

  • EC Directive 92/43/EC (Habitats Directive)

  • EC Directive 2009/147/EC (Birds Directive)

  • Section 9 of the Wildlife and Countryside Act 1981

  • Convention on the Conservation of European Wildlife and Habitats (the Bern Convention) and Article 12 of the EC Habitats and Species Directive (92/43/EEC).

  • Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas.
Guidance:



  • JNCC guidelines for minimising the risk of injury to marine mammals from geophysical surveys (August 2017) (PDF document)

    • These guidelines are aimed at minimising acoustic disturbance to marine mammals from seismic surveys and other operations where acoustic energy is released. Application of the guidelines is mandatory. The guidelines apply to all marine mammals, including seals, whales, dolphins and porpoises. All surveys using higher energy seismic sources (including site surveys as well as large scale seismic surveys) must comply with these guidelines or risk prosecution. Additional information is also available on the JNCC website (seismic survey page).

Consent Needed and How to Obtain It

Consent Needed:Consent to Survey is required for the following:

  • Seismic survey

  • High resolution seismic site survey

  • Borehole seismic

  • Shallow drilling

  • Gravity/magnetic survey


Where there is a risk to European Protected Species that cannot be removed or sufficiently reduced by the taking of mitigation measures, then a Wildlife Licence may be required for a number of categories of activities (See Wildlife Licences under the Performance Standards tab).

Notification of Survey is required for:

  • New pipeline and cable route surveys (e.g. side scan sonar and ROV/AUV)

  • Seabed survey not around existing installation or pipeline

  • All surveys near to or near a “relevant site” under the Habitats Directive


Survey Notification is being used to inform other sea users of activity in the area. Notification will be made to groups such as the fishing industry and Ministry of Defence.

No action is required for:

  • Inspection, Repair and Maintenance surveys

  • Surveys of existing pipelines or installations

  • Pre/post lay survey

  • Environmental survey (e.g. grab sampling and box corers)


Benthic Grab and Core Sampling of the Seabed


A marine licence is now a legal requirement under Section 66 (8) of the Marine and Coastal Access Act 2009, which states consent is required to use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed within the UK marine licensing area. More information can be obtained from the MMO.

The Marine and Coastal Access Act 2009 is currently under review by BEIS. However, a marine licence application form (Word document) has been issued.

Marine licensing for seabed sediment sampling is not required in Scottish inshore and offshore waters by order of the Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012, although Scottish Ministers must be notified of sediment sampling (unless sampling is authorised by SEPA under the CAR Regulations).

The Marine Licensing (Exempted Activities) (Amendment) Order 2013 (SI 2013/526) came into force on 6 April 2013. The Order amends the Marine Licensing (Exempted Activities) Order 2011. Modifications are made to the conditions subject to which activities do not require a marine licence, including:

  • Marine chemical substances, marine oil treatment substances and substances for removing surface fouling matter

  • Activities relating to scientific instruments, reagents and tracers

  • Removal activity carried out for the purpose of taking a sample for testing or analysis

  • Removal activity carried out for the purpose of removing objects accidentally deposited on the seabed.


The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 – SSI 2013/286 (PDF document)

These Regulations require marine license applicants’ intent on undertaking operations relating to certain classes of licensable marine activity to carry out a pre-application consultation process.


This involves numerous bodies being informed of the intent to submit an application, and the holding of a consultation event in which those bodies, in addition to other interested parties, may provide comments to the prospective applicant as regards to the licensable marine activity.


These Regulations will came into force on 1 January 2014 and apply to Scotland only. They provide for certain classes or descriptions of licensable marine activity to be subject to a pre-application consultation.


SEPA Guidance on Marine Licensable Activities Subject to Pre-Application Consultation

From 6 April 2014, certain activities will be subject to a public pre-application consultation requirement, as specified in the Marine Licensing (Pre-Application Consultation) (Scotland) Regulations 2013.


Activities affected will be large projects with the potential for substantial impacts on the environment, local communities and other legitimate uses of the sea. This new requirement will allow local communities, environmental groups and other interested parties to comment on any proposed development in its early stages, before an application for a marine licence is even submitted.
How to Apply:See Seismic Survey for information on seismic surveys and high resolution seismic site surveys.Application for Consent or Notification of Survey must be made using the PON14A form (see PON14A Template (Word document)). If the survey involves a number of survey techniques, a single PON14A should be submitted. Information required for completion of the PON14A, includes:

  • Type of survey

  • Location and timing (earliest possible start and latest possible finish dates) of survey

  • Details of equipment and vessel

  • Licence details

  • Consultations undertaken


Consent applications (but not notifications) will require an assessment of potential disturbance to protected species (see the Performance Standards tab) to meet JNCC requirements.

BEIS has the duty to ensure as far as possible that all interested parties are consulted but this should not preclude direct consultation prior to surveys.

Additional information may be required if the site is near or within a protected area under the Habitats Directives or Wild Birds Directive or where protected species use the area even if it is outside any habitat designation.
Who to Apply to:The completed PON14A should be submitted by email to BEIS EDU-OED Environmental Management Team in Aberdeen ([email protected]). BEIS will forward a copy to the statutory consultees (JNCC, DEFRA or MS).The completed PON14A should also be copied by the applicant to British Telecom, NAVAREA One Co-ordinator, the Ministry of Defence, MCA and Kingfisher Bulletin. For surveys within 6 miles of shore, a copy of the PON14A should also be sent to the relevant SFC. Contact details are provided in Appendix B (Word document) of the PON14A. This step will not be necessary when the UK Oil Portal is fully operational, the timing of which is not yet known.
When to Apply:At least 28 days before proposed survey. Where the survey is likely to be in an area where the Habitats or Wild Birds Directives may apply, contact with BEIS and JNCC should be made as early as possible, and at least 2 months before the survey. Shorter notice may be possible for some site surveys, however a minimum of 14 days is required, and whilst BEIS is normally flexible, short notice can risk delay.
What to do in the Event of Cancellations and Delays:If a survey is cancelled, BEIS should be advised immediately by email as soon as possible. Local fishing organisations will be informed by BEIS. If a survey is delayed or there are any substantial changes (e.g. large increase in survey area) this should be notified to BEIS by sending an updated PON14A as soon as possible, or at least a week before commencement. To avoid frequent updates, BEIS recommends recording earliest possible start date and latest possible end date on the original PON14A submission.

Performance Standards

Identify Whether Survey is in or Near a Protected Area under the Habitats Directive:

BEIS is obliged to take proper account of the obligations stemming from the Birds and Habitats Directives to protect and conserve the marine environment. A number of offshore sites have been designated as draft or possible SACs (see JNCC website). If survey is within these areas or close by, consultation should be undertaken with the JNCC as soon as possible.
Assessment of disturbance of marine European Protected Species:Under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2009 (as amended), a person is guilty of an offence if he:
(a) deliberately captures, injures, or kills any wild animal of a European protected species, or

(b) deliberately disturbs wild animals of any such species.

Disturbance of animals includes in particular any disturbance which is likely to:
(a) impair their ability:

  • to survive, to breed or reproduce, or to rear or nurture their young, or

  • in the case of animals of a hibernating or migratory species, to hibernate or migrate, or


(b) to affect significantly the local distribution or abundance of the species to which they belong.

Marine European Protected Species (EPS) include all species of cetaceans, all species of marine turtles and sturgeon.

The onus is on the developer carrying out an activity to:

  1. Assess the likelihood of committing a disturbance offence

  2. Consider the need for mitigation measures

  3. Decide whether to apply for a Wildlife Licence


A description of the assessment of the likelihood of committing a disturbance offence must be included in the PON14A application. Guidance on undertaking such an assessment is included in the JNCC's The protection of marine European Protected Species from injury and disturbance for England, Wales and the UK offshore marine area.

This document is currently being updated by the JNCC and a link will be provided once the document is released.
EPS Disturbance and Wildlife Licences:If there is a risk which cannot be removed or sufficiently reduced by the taking of mitigation measures then a Wildlife Licence (or EPS Disturbance Licence) may be required to be granted by the regulatory authorities for a number of "purposes". Purposes include "over-riding public interest" and "scientific and educational purposes". Licences can however only be issued where there is no satisfactory alternative. It is expected that the majority of activities will not require a wildlife licence since their potential for disturbance will fall below the threshold of the office in the Regulations. See the European Protected Species (EPS) page for further information.
JNCC Seismic Guidelines (see Guidance under the Legislation tab):In relation to oil and gas seismic surveys in the UKCS, it is a legally binding requirement of the consent issued under regulation 4 of the Petroleum Activities (Conservation of Habitats) Regulations 2001 (& 2007 Amendments) by BEIS, that the JNCC Seismic Guidelines must be followed, and the elements of the guidelines that are relevant to a particular survey are incorporated into the legally-binding condition of consent. It should be noted that it is the responsibility of the company issued consent by BEIS, referred to in these guidelines as the ‘applicant’, to ensure that these guidelines are followed, and it is recommended that a copy of the JNCC guidelines are available on board all vessels undertaking seismic activities in UK waters. When the survey is completed an MMO report should be submitted to the JNCC.
Marine Mammal Observers:In areas that are important for marine mammals (as indicated in consultation with the JNCC), operators may be required to provided qualified and experienced personnel to act as Marine Mammal Observers (MMOs) on board the survey vessel. JNCC will stipulate the number of MMOs required.A further duty is to ensure that the JNCC reporting forms are completed for inclusion in the MMO report.

Sampling/Monitoring Requirements

Conditions may be applied.

Reporting Requirements

What to Report:A Survey Closeout Report must be submitted. This requires information on the survey area covered and sail line kilometres shot. Where MM Observers have been stipulated, marine mammal sightings must be reported using MMO Report Forms (the latest reporting Templates are available on the JNCC website).

The NSTA prepared a guidance for PON 9 notifications, which covers requirements for pre-2018 wells and surveys and licences determined before the new Energy Act 2016 regulations came into force. The guidance document outlines the retention and reporting of information and physical samples.
Who to Report to:All Survey Closeout Reports (PON14A) plus required attachments as detailed on the PON14A should be submitted to the PON14 Coordinator at [email protected]In addition PON14As for site surveys should be submitted to the MEDIN Coordinator, BGS and for seismic surveys (except site surveys) to Schlumberger Information Solutions. Contact details are provided on the PON14A.MMO Reports to the JNCC.

Information reported under PON 9 should be communicated by a dedication PON 9 coordinator within the organisation. The contact details of the PON 9 coordinator should be sent to [email protected].
When to Report:Reports should be submitted post survey.

Non Compliance

Surveying in Breach of PON 14 Requirements:Non-compliance with PON14A requirements would result in a cessation of operations and could result in prosecution and/or the revocation of the Seaward Exploration or Production Licence.
Offshore Inspection:The BEIS (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy (PDF document) sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.
Deliberate Disturbance of Marine European Protected Species:If it has not be satisfactorily demonstrated to the Regulator that significant disturbance will not occur or where a Wildlife Licence is not held, an offence will have been seen to have been committed under the Habitats Regulations (as amended) or the Offshore Marine Conservation Regulations (as amended).

Renewal and Variation

N/A

Snippets

BEIS Environmental Alert 002/2016The offshore environmental inspectorate has noticed an increase in the number of operators breaching permit conditions, particularly with reference to depositing rock outside of approved areas, depositing unauthorised quantities of grout bags, unlicensed deposit of sandbags and carrying out geological surveys out with permitted dates. Operators are reminded that undertaking operations which contravene permit terms and conditions can be a criminal offence of the permit or licence holder. Find out more here.
DECC (now BEIS) Position Paper:

BEIS as regulator for the oil and gas industry has commissioned a major research project, part of which will look at all noise sources from offshore oil and gas activities and rank them according to their level of environmental concern. When complete, the Department, in co-operation with its statutory nature conservation adviser, the JNCC will use the report to inform the further development of its mitigation and management regime for oil and gas environmental noise. Until this information is available, the Department and the JNCC will continue to focus on those activities that it considers may have effects on marine mammals.
Increased protection for endangered marine life of the North-East Atlantic:

The OSPAR Commission has agreed measures to protect iconic species in the North-East Atlantic from threats faced by these species from sea users and harmful waste getting into the marine environment. The measures also extend to the protection of several important habitat types.


The press release which came out in December 2013 can be downloaded from the OSPAR Commission website.
Marine Conservation Zones (England and Wales) and Marine Protection Areas (Scotland):

The Marine & Coastal Access Act 2009 includes provisions enabling Ministers to designate and protect a new type of marine protected area, to be called Marine Conservation Zones (MCZ). MCZs will exist alongside European marine sites (SACs and SPAs), to form a marine protected areas network. Existing Marine Nature Reserves at Lundy and Skomer will be converted into MCZs. More information can be found on the DEFRA website. In Scottish internal and territorial waters, the Marine (Scotland) Act 2010 (PDF document) has similar provisions for the creation of Marine Protection Areas (MPAs). The Marine & Coastal Access Act 2009 also makes provision for executive devolution to the Scottish Ministers of certain additional functions including nature conservation and enforcement. This will result in the Scottish Ministers becoming the lead competent authority for most marine nature conservation functions across both territorial and offshore waters around Scotland. It will ensure that a single authority has primary responsibility thereby facilitating a more integrated approach. Powers devolved to the Scottish Ministers include licensing of activities that would otherwise constitute an office under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (as amended) with the exception of oil and gas activities which remains with BEIS.
Marine Protection Measures:

A 12-week public consultation period will run looking for views on proposed measures to protect some of Scotland’s most important and fragile marine environments. Click here for more information.
New marine draft Special Protection Areas being considered by Scottish Government:

The draft SPAs that are being considered have been identified based on many years of research on marine birds carried out largely by JNCC.
New Marine Protected Areas designated to help contribute towards safeguarding Scotland's seas:

It was announced on the 24 July 2014 that 30 MPAs have been designated under the Marine (Scotland) Act and the UK Marine and Coastal Access Act. These will be incorporated into the National Marine Plan and represented in National Marine Plan interactive alongside existing protected areas. More information can be found on the JNCC website and the Scottish Government.
Planning Scotland's Seas 2013:

Planning Scotland's Seas: 2013 - Possible Nature Conservation Marine Protected Areas Consultation Overview - Strategic Environmental Assessment (SEA) Report


The SEA identifies positive and negative effects, including ‘cumulative’ effects. The assessment has been systematic and the findings are recorded in a series of tables. The significant impacts are described in detail in the Environmental Report.


The report can be found on the Scottish Government website, link here.
South marine plan areas futures analysis:

This report reviews past trends and projections for the next six and 20 years in the South marine plan areas for each marine sector in the Marine Policy Statement and considers potential key future changes and policy directions of relevance to the sectors.


More information can be found on the Marine Management Organisation's website.
Twenty-seven new Marine Conservation Zones designated:

In November 2013, Defra formally announced the designation of the first substantial suite of Marine Conservation Zones in inshore and offshore waters off the English coast. The 27 sites were designated to help conserve the diversity of marine life and geology found in our seas.


The press release is available downloadable from the JNCC website.





Legislation

Key Legislation:
Guidance Notes:

Consent Needed and How to Obtain It

Consent NeededNo Consent is required, however the Department for Energy Security and Net Zero will regard the licensed Operator (i.e. the licence holder) as being responsible for ensuring that the provisions of the EU Mercury Regulation are complied with. Where the platform is operated on behalf of the licence holder by another company, the licence holder will need to assure itself that adequate measures are in place to meet the regulatory requirements.See the Reporting Requirements tab for regulatory obligations.
How to ApplyN/A
Who to Apply toN/A
When to ApplyN/A

Performance Standards

Export of mercury:Exports of metallic mercury (Hg), cinnabar ore, mercury (I) chloride (Hg2Cl2), mercury (II) oxide (HgO) and mixtures of metallic mercury with other substances (including alloys of mercury with a mercury concentration of at least 95% by weight and the mixing of metallic mercury with other substances for the sole purpose of exporting metallic mercury from the EU is prohibited from 15 March 2011.It appears to be the case that offshore Operators do not export any mercury that is gained as a by-product of their operations, i.e. any quantities of mercury would be sent to onshore storage/disposal facilities. Consequently, the requirements of these Articles are not expected to have much (if any) impact on the offshore industry. Nonetheless, in the unlikely event that any Operators should decide to export outside the EU mercury obtained through operational processes (i.e. as a commercial product), then they would have to comply with the prohibition described above.
Mercury waste storage and disposal:Metallic mercury gained from the cleaning of natural gas is considered waste from 15 March 2011 and Operators that undertake such operations should ensure it is disposed of in a way that is safe for human health and the environment.A new EU Decision outlining requirements for the storage and handling of mercury waste is expected. Until this time, operators should continue sending mercury waste to shore in line with guidelines on existing legislation for the containment/shipment of hazardous waste. The responsibility for ensuring the safe storage/disposal of such mercury would reside with the vendors taking delivery of it.

Sampling/Monitoring Requirements

None.

Reporting Requirements

What to Report:Mercury Gained

  • Total annual quantity (in kg) of mercury gained from the cleaning of natural gas (i.e. the use of mercury extraction systems to remove mercury from natural gas so that it can meet pipeline specifications).

  • Total annual quantity (in kg) of any mercury that is sent to individual temporary or permanent storage / disposal facilities (including the location and contact details of these facilities) during the previous calendar year (i.e. 1 January to 31 December).


BEIS’s Offshore Inspectorate is anticipating these reports and will store them for the purposes of undertaking any future actions that may arise in respect to the EU or UK Mercury Regulations.

Reports should be made using Annex A (PDF document) of the BEIS (then DECC) Guidance Notes.

Import or Export of Mercury and/or Mercury Waste

If any Operators import mercury, and / or send mercury as waste to other EU Member States, then by 1 July 2012, they should send a report (using the form at Annex B (PDF document)) on the:

  • Total quantity, prices, originating country and destination country / area as well as the intended use of mercury entering the Community (with respect to `mercury imports’ these too would be subject to Registration in accordance with the EU REACH Regulation)

  • Total quantity, originating country and destination country of mercury considered as waste that is traded cross-border within the Community


However, it is highly unlikely that Operators would import mercury for operational use, and it is also conceivable that most (if not all) Operators would send mercury waste to storage/disposal facilities on the UK mainland - so these provisions are not expected to have much (if any) potential implications for the offshore industry.
Who to Report to:The European Commission
[email protected]
Pavlos Mouratidis
European Commission - DG Environment
BU-9 4/163
B-1049 BrusselsDepartment of Business, Energy and Industrial Strategy (BEIS)
Energy Development Unit (EDU)
Offshore Environment and Decommissioning Branch (OED)
Offshore Inspectorate ([email protected])
4th Floor
86 - 88 Guild Street
Aberdeen
AB11 6AR
When to Report:Mercury Gained: By 31 May each year.Mercury Import/Export: By 1 July 2012.

Non Compliance

Penalties:If an offence under these Regulations committed by a body corporate is shown:
(a) to have been committed with the consent or connivance of an officer; or
(b) to be attributable to any neglect on the officer's part, the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.A fine imposed on a partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.A person guilty of an offence under these Regulations is liable:

  • On summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both, or

  • On conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

Renewal and Variation

N/A

Snippets

None at present.




Legislation

Key Legislation:
Supporting legislation:
Guidance:

Consent Needed and How to Obtain It

Consent Needed:Prior written consent of the Secretary of State for the Department for Energy Security and Net Zero is required for the siting of the offshore installation - whether mobile or permanent - in any part of the UKCS. A Consent to Locate (CtL) is required for the following:

  • Mobile Installations, e.g. MoDUs, Flotels, Crane Barges

  • Mobile Vessels, e.g. Well Intervention Vessels, Well Operations Vessels

  • Permanent/Fixed Installations, e.g. Manned Platforms, NUIs, FPSOs, FSUs, Production Buoys

  • Permanent/Fixed Structures, e.g. Well Templates, Wellheads and Xmas Trees

  • Pipeline and Cable Systems, e.g. Oil and Gas Pipelines, Water Injection Pipelines, Power Cables and Umbilicals

  • Other Operations, e.g. Installation of Surface Buoys and Moorings


New applications for CtLs for mobile installations, mobile vessels and permanent/fixed installations must be supported by a Vessel Traffic Survey (VTS) and, if the shipping density is high, they should also be supported by a Collision Risk Assessment (CRA).

Construction operations associated with CtLs for permanent/fixed structures and pipeline and cable systems must be supported by a Vessel Traffic Survey (VTS) and, if the shipping density is high, should also be supported by a Collision Risk Assessment (CRA), unless they are covered by a related application, consent or consent variation, e.g. a CtL to cover MoDU or crane barge operations. The seabed structures and associated deposits do not require a VTS or CRA.

For a CtL for Other operations applications that have any sea surface structures or operations that will involve a vessel being physically connected to the seabed or subsea infrastructure for a significant period and which are unable to disconnect and move away immediately in an emergency, then the application may require to be supported by a Vessel Traffic Survey (VTS) and, if the shipping density is high, may also require to be supported by a Collision Risk Assessment (CRA).

There are a number of operations that are excepted under Section 77(1) of the MCAA that may require a CtL if undertaking the operations would result, or be likely to result, in an obstruction or danger to navigation (during or subsequent to the operation). A list of the operations that may apply can be found on page 14 of the draft guidance document.

There are also specific requirements around navigational issues for decommissioning programmes.
How to Apply:To apply for a Consent to Locate (CtL) in relation to offshore oil and gas operations, offshore gas storage and unloading operations and offshore elements of Carbon Capture and Storage operations, either a SAT must be created in association with the MAT for the proposed operation or a standalone application can be created on the UK Oil Portal. Multiple CtL SATs can be applied for in association with one MAT, providing they relate to the same general location.In considering an application for consent the Department for Energy Security and Net Zero has to evaluate the risk to shipping which may arise from the installation of facilities of all kinds including pipelines, and measures to reduce such risks. The following aspects are considered:

  • Evidence of shipping movements in the vicinity of the proposed operations

  • The impact of likely changes in shipping movements as a consequence of the operations

  • Any constraints that would be imposed on local navigation as a consequence of the operations

  • Collision risks with respect to vessels and the operations, and between vessels as a result of the action taken to avoid the operations

  • The reduction in risk as a consequence of the implementation of mitigation measures


Guidance is available on the Department for Energy Security and Net Zero website.

Disused Pipeline Notification – Updated

The Department for Energy Security and Net Zero requires operators to submit details of pipelines or sections of pipelines that are to be taken out of use.

The disused pipelines notification has been updated to include more specific requirements on the information to be provided. The form is available on the Department for Energy Security and Net Zero website.
Who to Apply to:CtL SATs are submitted via the UK Oil Portal under the appropriate MAT or as a standalone application. There are opportunities to upload supporting documents where relevant on the UK Oil Portal. Any subsequent updates or variations will have to be submitted by creating an update or variation on the UK Oil Portal. Operators will need to be registered with the Department for Energy Security and Net Zero for access to the Portal. To set up a UK Oil Portal Account, contact the Department for Energy Security and Net Zero OED Environmental Management Team at [email protected] Any problems with PETS submission contact the Department for Energy Security and Net Zero OED EMT by email at [email protected] Note: DECC (now Department for Energy Security and Net Zero) took over responsibility for the Coast Protection Act 1949 Regulations for offshore oil and gas installations in October 2005. Since then, DECC (now Department for Energy Security and Net Zero) had been issuing 'Consents to Locate' (CtLs) under Part II of Section 34 of the CPA on behalf of the Department for Transport (DfT). As of April 2011, the CtL provisions of Section 34 of the CPA were incorporated into The Marine and Coastal Access Act 2009 (MCAA).
When to Apply:Applications should be submitted at least 28 days prior to the start of the proposed operations.Applications for larger projects, such as new permanent or fixed installations or large pipelines (greater than 40 km in length and 800 mm in diameter), or projects where there are likely to be significant navigational issues, should be submitted as soon as possible and in advance of the normal 28-day assessment period. EMT will endeavour to deal with urgent applications within a shorter time period, but cannot guarantee that the CtL will be issued to meet the applicant's requirements. EMT will acknowledge receipt by e-mail, detailing the reference number allocated to the application and the organisations that have been consulted.

Performance Standards

Fixed Installations:

It is preferred and less problematic to operators and the Department for Energy Security and Net Zero if applications for new developments address all the facilities to be placed rather than a series of piecemeal applications. Consent can then be given to cover the whole operation, e.g. template, drilling, jacket, topsides, pipelines, etc. Difficulty has arisen in the past for some operators where uncontroversial seabed works have been put forward for consent before and without details of more sensitive surface works. A limited consent, e.g. for exploratory drilling only does not imply that consent will necessarily be given for other operations at the same site.
Deep Water Routes and Traffic Separation Schemes:

Consent to locate in such areas are unlikely, and if consent is given stringent conditions limiting the time allowed on site are likely to be imposed.
Dynamically Positioned Vessels:CPA consents to locate will not be required for activities involving the use of vessels maintained on station using dynamic positioning, where the vessel would be able to move off station in the event of a navigational emergency, and where the proposals will not involve any deposit or removal of materials from the seabed that would constitute a locus for application of the Coast Protection Act (CPA).Further information available from CPA Guidance Notes for Vessels (Interim) on the Department for Energy Security and Net Zero website.
General:Consent to locate may include conditions to minimise interference with navigation or fishing. For example, conditions are likely with respect to decommissioning requirements.
Decommissioning:There are specific marking and notification requirements for decommissioning programmes.

Sampling/Monitoring Requirements

None.

Reporting Requirements

What to Report:Reporting of offshore installation movements.
How to Report:A notice was published by the Offshore Major Accident Regulator in August 2022 which provides guidance on reporting the movements of offshore installation. The notice is available here.

The guidance details the following:

  • Reports, using the template in Annex 1 of the guidance note are to be sent to:

    • Local Helicopter bases - simultaneously, to the local helicopter bases serving the old and new locations;

    • MOD Hydrographer and Maritime and Coastguard Agency (MCA)- Notify [email protected] for aspects a) to e) listed below:

      • a) the appropriate Coastguard Operations Centre (CGOC) must be given warning of movements at least 48 hours before them taking place;

      • b) when an installation being established arrives at its intended location (or intermediate position if necessary);

      • c) when a precise position has been established at the new location;

      • d) when an installation commences a move to leave UK waters; and

      • e) when an installation has left UK waters.



    • Health and Safety Executive (HSE)- notify [email protected] prior to entering or leaving UK Waters;

    • Police - OEUK has agreed that operators will notify Chief Constables of the location of installations over which they exercise police jurisdiction.

    • Department for Business, Energy & Industrial Strategy (BEIS):
Who to Report to:BEIS and MCA.
When to Report:At least 48 hours before installation tow-out is commenced.

Non Compliance

What to do if in Breach of Consent/Authorisation:Any non-compliance with the CtL conditions relating to:

  • The provision of any lights, signals or other aids to navigation

  • The stationing of guard ships in the vicinity of the operations

  • The taking of any other measures for the purposes of, or in connection with, controlling the movements of ships in the vicinity of the operations,


must be reported immediately to BEIS, and copied to the UK Hydrographic Office and other relevant consultees, using the reporting form appended as Annex H (PDF document) of the draft guidance.
Offshore Inspection:The BEIS (then DECC) Offshore Oil and Gas Environment Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

N/A

Snippets

None at present.




Legislation

Key Legislation:
Supporting legislation:
Guidance:

The PWA and DEPCON guidance has been moved to the OGA website, capturing the transition of DECC to the Department for Energy Security and Net Zero in the guidance.

The OGA has added a category of PWA titled ‘Options (Category 2- short)’. This category should be used where the issue with the pipeline is not clearly identifiable and multiple potential failure points are recognised.  Guidance available here.

This guidance offers insight on where updated Regulations on the assessment of environmental effects apply and the requirements associated with environmental impact assessments.

  • 2020 EIA Regulations Guidance: The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 – A Guide. This guidance is accompanied by a template for the Environmental Statement Details to be provided upfront of the ES and an EIA summary of Project template to be provided to OPRED as part of the EIA submission pack. The Guidance and templates can be downloaded from the UK Government’s website.

Consent Needed and How to Obtain It

Consent Needed (to be updated with new requirements once new DECC guidance is issued - see the Pending Legislation tab):Pipelines Work Authorisation: A Consent to Locate required under the Coast Protection Act 1949 is also issued with the Pipelines Work Authorisation.
How to Apply:A detailed application must be submitted. Guidance notes on what must be included in the application are available in Guidelines for the Completion of Pipeline Works Authorisations. The same application process also includes consent to deposit materials on the seabed (DepCon). Although some information may still be included in the PWA application, use and discharge of chemicals are now covered under the Offshore Chemicals Regulations 2002 and a separate permit is required. A Public Notice must also be published. Information on the required contents can be found in Appendix D of the PWA Guidance. Guidance notes on consent to locate under the Coast Protection Act 1949 is also available on the Department for Energy Security and Net Zero website.
Who to Apply to:The Department for Energy Security and Net Zero EDU OED (Environmental Management Team).
When to Apply:A minimum of 4 months before pipeline construction begins. Where there are no objections, it takes approximately four months from receipt of the application to issuing the authorisation. In the case of pipelines for which an Environmental Statement is required, the procedure may take longer (see EIA).Note: Early consultation with fishing interests is recommended.

Performance Standards

Dynamically Positioned Vessels:CPA consents to locate will not be required for activities involving the use of vessels maintained on station using dynamic positioning, where the vessel would be able to move off station in the event of a navigational emergency, and where the proposals will not involve any deposit or removal of materials from the seabed that would constitute a locus for application of the Coast Protection Act (CPA).Further information available from CPA Guidance Notes for Vessels - Interim (PDF Document) on the Department for Energy Security and Net Zero website
General:

A detailed application must be submitted. Guidance notes on what must be included in the application are available in Guidelines for the Completion of Pipeline Works Authorisations.

Sampling/Monitoring Requirements

None with respect to navigation/fishing interference.

Reporting Requirements

None with respect to navigation/fishing interference.

Non Compliance

What to do if in Breach of Consent/ Authorisation (to be updated with new requirements once new Department for Energy Security and Net Zero guidance is issued - see the Pending Legislation tab:It is an offence to contravene the requirements of the Petroleum Act 1998 or to knowingly make false statements. If any work is undertaken in contravention of the Pipeline Works Authorisation, the Department for Energy Security and Net Zero has powers to issue a notice for remediation or removal of the pipeline.
Offshore Inspection:The Department for Energy Security and Net Zero (then DECC) Offshore Oil and Gas  Environmental Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

The Department for Energy Security and Net Zero has powers to terminate a Pipeline Works Authorisation if the works have not commenced within 3 years of issue.

Snippets

Consultation on transposition of Environmental Impact Assessment Directive: Regulations on offshore hydrocarbon-related developments on pipe-linesThe Department for Energy Security and Net Zero are seeking opinions on amendments to Offshore Production and Pipe-lines Regulations to transpose the EIA Directive.This consultation closed at 11.45 pm on 16th March 2017.

OGA Guidance – Pipeline Works Authorisations (PWA)


The OGA has added a category of PWA titled ‘Options (Category 2- short)’. This category should be used where the issue with the pipeline is not clearly identifiable and multiple potential failure points are recognised.





Legislation

Key Legislation:
Supporting Legislation:
Guidance Notes:

Consent Needed and How to Obtain It

Consent Needed:Chemical Permit: Permit required for use and discharge of chemicals under the Offshore Chemical Regulations 2002. Oil Discharge Permit: Discharge or re-injection of cuttings contaminated with reservoir hydrocarbons (e.g. drilling through the pay-zone) require a permit under the OPPC Regulations.

If exporting to another field for re-injection a FEPA Licence is required.
How to Apply for It (Also see Drilling Chemicals for further details):Chemical Permit: Applications for use (and discharge) of chemicals must be made using a drilling operation application even where there will be no overboard discharge. Applications for permits should cover not just chemicals expected to be used but also those that may need to be used on a contingency basis (see the Non Compliance tab). If using offshore cuttings treatment technology (e.g. Rotomill), estimates of the total quantity of OBM/OPF being discharged on cuttings and in discharge water streams needs to be included in the Chemical SAT of the drilling operation application. Equivalent discharge should also be shown in the appropriate chemical tables. Note that contamination of cuttings is not allowed to exceed 1% by dry weight.Oil Discharge PermitIf discharge or re-injection of cuttings contaminated with reservoir hydrocarbons is likely, an oil discharge permit will be required under the OPPC Regulations. This permit can be applied for as a Subsidiary Application Template (SAT) on the UK Oil Portal.Guidance Notes on the OPPC Regulations and Permit Application are available for download from the BEIS website (PDF document).
Who to Apply to:Chemical Permit: Drilling operation applications must be submitted electronically to BEIS via the UK Oil Portal (UKOP). Operators will need to be registered with BEIS for access to the Portal. To obtain access to the UKOP contact [email protected]Oil Discharge PermitOil Discharge Permit applications are made on a Subsidiary Application Template (SAT) in the UKOP Portal Environmental Tracking (PETS) system. The SAT application is initiated from the relevant Master Application Template (MAT).
When to Apply:Chemical Permit and Oil Discharge Permit - 28 days before spud date.

Performance Standards

Discharge of OPF/OBM or Base Oil at Well Start-Up:Any discharges of OBM/OPF or base oil that may occur at well start-up should be included in the drilling operation application (or well intervention operation application) , including estimates of volumes and tonnage of expected discharge. Actual discharge should be reported via a Condition 5 Return Form (see the Reporting Requirements tab).
OBM Components:The components of OBM mud systems must be listed individually on the drilling operation application.
Limits Placed on Use and Discharge of OBM and Cuttings:

Only the permitted mud systems are to be used.


OBM and SBM chemicals are "Z" rated chemicals under the OCNS scheme and therefore overboard discharge is prohibited. However, discharge of treated cuttings with <1% of OPF/OBM contamination by dry weight is allowed.


OBM/SBM use also requires a Chemical Permit (even though no overboard discharge) and there will be limits placed on use and discharge of chemicals. If variation in chemicals (drilling mud) used or permitted volume of usage is exceeded, a variation under the drilling operation permit must be applied for. Chemicals must be selected based on their environmental risk.


See Drilling Chemicals for further details.


Consider the implications of well cleanup and the need to minimise the possibility of OBM/SBM contaminated fluid being discharged.
Cuttings Piles:

OSPAR Recommendation 2006/5 on a management regime for cuttings piles  (Word document) calls for a cuttings pile management regime involving the initial screening of all cuttings piles completed within 2 years of the recommendation coming into effect. Screening should be followed by a BAT or BEP assessment which should, where applicable, be carried out in the time frame determined during the screening process. Also see the Snippets tab.
Backloading of Oily Slops:Operations giving rise to 'oil contaminated fluids' include well clean-up, cementing, mud pit cleaning and operations where well bore fluids become contaminated with oil based mud, crude oil or condensate. In addition, fluids from rig floor drains and other tank cleaning operations could also be included. Backloading of slops must meet the requirements of MCA and HSE GuidanceNotes: Marine Guidance Note (MGN 283(M)) (PDF document) Dangerous Goods - Guidance on the Back Loading of Contaminated Bulk Liquids from Offshore Installations to Offshore Supply/Support Vessels. HSE Safety Notice Bulletin Number OSD 3-2010
UK National Plan for the phase-out of substances identified as candidates for substitution - in line with OSPAR Recommendation 2006/3:(The full text of the current UK National Plan for phase out can be found on the CEFAS website)OSPAR Recommendation 2006/3 requires that as soon as is practicable and not later than 1 January 2017, Contracting Parties to OSPAR should have phased out the discharge of offshore chemicals that are, or which contain substances, identified as candidates for substitution except for those chemicals where despite considerable efforts, it can be demonstrated that this is not feasible due to technical or safety reasons. Demonstration of those reasons should include a description of those efforts.Having considered the requirements of OSPAR Recommendation 2006/3, the UK has decided to base its National Plan for the prioritisation of phase-out on the following criteria:

  • Perceived difficulty of phase out

  • Securing the replacement of candidates for substitution in preference to eliminating operational discharges to the marine environment

  • Prioritisation based on the persistence, bioaccumlation and toxicological properties of the chemical


The UK National Plan also incorporates justification of continued use and/or discharge as an additional element: for those substances where replacement and/or eliminating discharges to the marine environment is not currently feasible, offshore operators or their chemical suppliers will annually be required to:

  • Confirm the efforts made to phase out the use and/or discharge of the candidates for substitution

  • Confirm the nature and timing of planned research and development studies or trials to supplement those efforts conform whether any measures have been taken to reduce the use and/or discharge of the candidate for substitution

  • Confirm the technical and/or safety issues that make it necessary to continue use and/or discharge of the candidate for substitution


UK National Plan level criteria and interim target dates are (See the full text of the UK National Plan (PDF document) on the CEFAS website for definitions of persistence, bioaccumulating and toxicity):

  • Level 1 (highest priority)

    • Organic substances that are highly persistent, bioaccumulating and toxic

    • Chemicals to be replaced; or discharges to the marine environment to be eliminated or continued use and/or discharge to be formally justified by end December 2010.



  • Level 2

    • Moderately persistent, bioaccumulating and toxic, or

    • Highly persistent and bioaccumulating, or

    • Highly persistent and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by end December 2012.



  • Level 3

    • Moderately persistent and bioaccumulating, or

    • Moderately persistent and toxic, or

    • Bioaccumulating and toxic chemicals

    • To be replaced, or discharges to the marine environment eliminated and/or discharge formally justified by end December 2014.



  • Level 4 (lowest priority)

    • Highly persistent organic substances, or

    • Inorganic substances with toxicity <1mg/l

    • Chemicals to be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by end December 2016.

Sampling/Monitoring Requirements

Chemicals:All chemical use/discharge must be monitored and recorded. Components of oil based mud systems must be listed individually with their appropriate use and discharge (see the Reporting Requirements tab).
Re-injection of OBM/SBM Cuttings:Where OBM/SBM cuttings contaminated with reservoir hydrocarbon are being reinjected, there are no monitoring or sampling requirements.
Offshore Treatment:Where offshore treatment technology is being used (e.g. Rotomill), additional sampling requirements are made:

  • Powder samples must be taken every 2 hours and samples divided with one portion retained for further analysis if required.

  • Samples taken during each 12 hour period should be combined and an oil analysis performed.

  • A sample of recovered water must be taken before discharge and analysed for oil content.


Oil analysis of both powder and water streams must be performed using DECC approved methods (TTCE solvent extraction method as amended).

Reporting Requirements

What to Report:

Chemical Use and Discharge


Reports should be made on all drilling and well chemicals as required by BEIS using the EEMS drilling fluids spreadsheet available from the EEMS website.

As well as being used by BEIS to check actual use and discharge of chemicals against the term permit, they will also be used towards compilation of the OSPAR returns, which Contracting Parties are obliged to make.

For certain problematic substances, such as those identified for substitution, the Department may require more frequent reporting. A condition in the permit will make this clear if necessary.

Analysis reports of any offshore treatment effluent streams (powder and water) must also be submitted at the end of well.

Annual Progress Reports on Substitution Chemicals


Previously progress reports on substitution chemicals have only been requested for production chemicals (production operation permits). This reporting requirement is now extended to term permits. A reporting template can be downloaded here (Excel document). Reporting includes summary of chemicals replaced, summary of chemicals still to be replaced and justification for continued use and/or discharge.

OPF/Base Oil Discharges


Discharges of OPF and base oils (e.g. at well start-up) must be reported via the Condition 5 Return Form (Word document). This form must be submitted via the EEMS website.
Who to Report to:Chemical Use and DischargeReports need to be made electronically on the EEMS website after each well. BEIS will use EEMS reports to cross check against permit conditions to ensure compliance.

Annual Progress Reports on Substitution Chemicals


Reports need to be submitted to BEIS Environmental Management Team by email.

OPF/Base Oil Discharges


Condition 5 Return Forms to be submitted to DECC via EEMS on the UK Oil Portal.
When to Report:Chemical Use and DischargeEEMS reports to be submitted 28 days after permit expiry date.Annual Progress ReportsAnnual progress reports are required to be submitted on or before 28 February of each calendar year.OPF/Base Oil Discharges

To be submitted to BEIS within 28 days of discharge.

Non Compliance

What to do if in Breach of Consent/ Authorisation:Overboard discharge of OBM/SBM as "Z" ranked chemicals is prohibited, therefore any discharge would be in breach of the Chemical Permit. Condition non-compliance Notification Form (Word document) is to be used for reporting any identified non-compliances against Chemical Permit Conditions issued under the provisions of the Offshore Chemical Regulations 2002. Change in chemical type or increase in volume of use or discharge not provided for in the permit, requires application for a variation to BEIS (done through drilling operation permit variation). BEIS recognises that in rare circumstances, unforeseen use of chemicals may be required at very short notice. Provision is made for oral approval for use from BEIS (in consultation with MS/CEFAS) (application must still demonstrate that a consideration of environmental impact has been made) followed by a written application via the drilling operation permit for record keeping. To avoid such situations, permit application should consider contingency chemicals.
Spills:Any accidental spills of OBM/SBM mud, other drilling chemicals or contaminated cuttings must be reported by PON1.
Offshore Inspection:The DECC Environmental Inspectorate Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement, including prosecution. BEIS, if of the opinion that the OCR 2002 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, BEIS may take action itself and recover reasonable costs back from the operator. If BEIS 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 chemical, BEIS may serve a prohibition notice. This will specify the pollution risk, the steps required to remove it and the time period, and BEIS may withdraw a permit wholly or in part until the prohibition notice is withdrawn.

Renewal and Variation

Permit Duration:Permits for drilling chemicals will normally be issued for a specified period and are "Term Permits".
Renewal:Not applicable as permits are issued for a specified period. BEIS must be notified of any drilling schedule changes.
Emergency Variation:Permit holders applying for an emergency variation should telephone the EIS out of hours contact. These details will be passed to the BEIS on-call Environmental Inspector who will contact the permit holder to further discuss the emergency variation request. Following a review of the chemical permitting procedures, BEIS now requires that all emergency chemical variation requests are made in writing following the initial contact telephone call. The BEIS on-call Environmental Inspector will email a data request by email, with completed questions returned by email. Following a review of the request a written response granting or approving the variation will be sent by return of email.The applicant must subsequently formally vary the permit within 2 working days of the emergency contact.
Update, Variation or New Permit:Applications need to be made to BEIS for a variation in the terms and conditions of a permit if there is any increase in the use and discharge of chemicals or changes in the chemicals used. All applications need to be considered by BEIS and FRS (CEFAS in England and Wales).Update - change to permit made after the application but before approval has been given.Variation - change to permit made after approval has been given.Application for a variation or update should be made by clearly amending the previously submitted drilling operation permit. All drilling operation application submissions must be linked to the relevant WONS well file for the drilling consent application (PON4). Where a drilling programme is amended, the need to submit either a permit variation or new permit will depend on whether the change to work programme would be classed as a re-drill (i.e. if a new WONS well file would be generated). If a new WONS well file is needed, a new drilling operation application will be required. Otherwise, a variation of the existing drilling operation permit can be submitted.If submitting a variation, all sections should be completed describing any changes in drilling and chemical usage relating to the new works. 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 BEIS as quickly as possible, but 28 days should be allowed for the assessment of any significant changes.Note - a variation or update cannot be submitted once a Term Permit has expired, and a new application must be submitted.
Drilling Outside Expected Spud Date:Changes in spud datesBEIS do not want to be prescriptive and are happy to see a drilling window based on risk. Normally BEIS will limit the expected drilling window plus one month either side of that window - anything beyond this will need to be justified. Where BEIS asks for a spud date, i.e. in the MAT of the drilling operation application, this should be given and the narrative section used to explain where and why there is built in flexibility. For example if the expected spud date is the 15th March and a total drilling period of 60 days then the 15th of March should still be quoted in the MAT but environmental sensitivities and possible impacts should cover the period from February to June.If drilling occurs within this window, the only notification to BEIS will be the new spud date that should be advised through WONS. If drilling is due to start before, or continue after, the window notified in the permit, the sensitivities addressed in the application must be examined to assess whether there is any significant adverse change. The conclusion should be advised to BEIS's Environmental Manager who handled the original permit by e-mail, in addition to advising WONS. It should be noted that extra time must be allowed as BEIS may need to go back to JNCC in cases where drilling will occur outside the original window.
Field Trials for New Chemicals:It is likely that field trials involving the use and discharge of new chemicals can be encompassed through a request for a variation to an existing permit since a field trial will have been planned in advance. If there is any doubt about how this should be handled, then the operator and the chemical company are strongly advised to discuss the proposed field trial with BEIS and FRS or CEFAS (as appropriate) first.

Snippets

BEIS (then DECC) Environmental Alert (001/2014) – PON1 Reporting:Issued by BEIS (then DECC) on 31 March 2014, this environmental alert highlights failures by a number of operators to comply with PON1 reporting requirements. Operators are reminded that in accordance with current reporting requirements, PON1s must be reported within 6 hours to:

  • Aberdeen Maritime Rescue Coordination Centre (MRCC), in addition to immediate telephone notification to the nearest MRCC Coastguard Station.

  • Department of Business, Environment and Industrial Strategy (BEIS); additional telephone notification is required for specific scenarios as detailed within the PON1 reporting guidance.

  • Joint Nature Conservation Committee (JNCC) and any relevant Statutory Nature Conservation Body (SNCB), in accordance with installation oil pollution emergency plan arrangements.
Deep Water HorizonAs part of ongoing reviews of oil spill contingency arrangements in light of the Macondo well incident, drilling operation applications for exploration, appraisal, or development wells must:

  • Confirm that the operation is covered by an approved OPEP or OPEP application.

  • Include a section dealing with accidental events, summarising the worst-case scenarios assessed and modelled in the OPEP and the measures in place to prevent and control the release.

  • Include or reference any relevant environmental impact assessment studies.

  • Additional changes may be required in the future, when BEIS has reviewed outstanding reports relating to the Macondo incident.
Reporting Mud ComponentsReporting of use and discharge must be undertaken on a component basis of the whole mud. Where a mud is recycled, BEIS has agreed that for reporting purposes, the assumption can be made that the recycled mud being used for a base is a mixture of the predominant base oil and barites and can be reported as such. Where additional additives are added to the recycled mud, these will need to be reported separately.





Legislation

Key Legislation:
Supporting Legislation:
Guidance:

New oil spill response guides have been launched by Oil & Gas UK. Four guides have been developed and added to an information 'toolkit' to aid offshore oil and gas operators with oil spill response implementation.

Prevention of fire and explosion, and emergency response on offshore installations Guidance (Third Edition) has been published here.  This Approved Code of Practice (ACOP) has been updated to reflect changes in the Offshore Installations (Offshore Safety Directive) (Safety Case etc) Regulations 2015 (SCR 2015).

New OPEP framework and templates published by HSE available here.

OMAR (then OSDR) Guidance on Inspections available here.
Revised Department for Energy Security and Net Zero Procedures re OPEPs following GoM:As information has become available about the Macondo incident in the Gulf of Mexico, DECC (now Department for Energy Security and Net Zero) has been considering its impact on the UK environmental regulatory regime. Operators are reminded that an OPEP prepared in accordance with the regulations should set out the "arrangements for responding to incidents which cause or may cause marine pollution by oil, with a view to preventing such pollution or minimising its effect". The primary purpose of the OPEP is to inform the operator, so that they can implement a robust, effective and tested emergency response procedure. It is therefore the operator's responsibility to ensure that the OPEP clearly identifies the potential release scenarios, the potential environmental impacts, and how they would respond to mitigate those impacts. DECC (now Department for Energy Security and Net Zero) has issued a letter to the industry contained Guidance related to Environmental Submissions (December 2010) (PDF document) . This revised guidance applies to all exploration, appraisal and development drilling, or workover and intervention operations on producing wells. DECC (now Department for Energy Security and Net Zero) provided further clarification on 27 May 2011, and DECC (now Department for Energy Security and Net Zero) may require the following on a case-by-case basis, but in particular for new operators and or drilling contractors and/or rig to UKCS, and oil/condensate exploration, appraisal and development wells in West of Shetland, Moray Firth, deep water areas or HP/HT wells:

  • Confirmation and details of insurance provision including proof of OPOL membership including operations to stop or control the release of hydrocarbon in the event of a well blow-out e.g. capping device; clean-up costs associated with any spill (including worst-case) and remediation of pollution damage including liability to third parties.

  • Written statement that the operator has taken into account recommendations from the various reports into the Macondo incident.

  • Detailed information within the OPEP on access to a capping device and relief well drilling plans including systems/procedures and predicted time scales.

  • Onshore pre-consent inspection at operators premises.

  • Onshore pre-consent desktop emergency response exercise observed by the Department for Energy Security and Net Zero.

  • Offshore pre-spud inspection within 21 days of the Department for Energy Security and Net Zero approving the OPEP - this inspection will not be carried out until the crew and systems/procedures for the proposed activity are in place on the installation. If a pre-spud inspection is deemed necessary by the Department for Energy Security and Net Zero other consents will not be issued until the pre-spud inspection has taken place and any issues are satisfactorily dealt with.

  • Offshore inspection after reaching the payzone.

  • Offshore inspection when drilling the payzone.


Operators are therefore advised to take the above possible requirements into account when planning and submitting applications in order to prevent delays. If information provided or notice of changes to plans/dates are insufficient, delays to the consents procedure may occur. For further guidance contact the Department for Energy Security and Net Zero's Offshore Inspectorate at [email protected].

Consent Needed and How to Obtain It

Requirement for and Approval of OPEP:(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 Pollution Emergency 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 the Department for Energy Security and Net Zero 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 Pollution Emergency 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 Pollution Emergency Plan that relates to its proximity to environmentally sensitive areas.Note: DECC (now Department for Energy Security and Net Zero) has been requesting additional information on a case by case basis following the GoM oil spill event (see Revised Department for Energy Security and Net Zero Procedures under the Legislation tab).
How to Apply:Under the requirements of the Merchant Shipping (Oil Pollution Preparedness and Response) Regulations 1998, all completed Oil Pollution Emergency Plans must be submitted to the National Competent Authority for approval. In addition, Oil Pollution Emergency 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 drilling operations which now 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 Operations Control Unit (OCU). The appendix will always, where applicable, be approved under Emergency Pollution Control (EPC) legislation. An OPEP Regulatory Submission Sheet (Word document) must be submitted along with each OPEP submitted for approval. Please note that the Offshore Inspectorate will NOT process any OPEP’s unless this covering document has been included with the submission.
Who to Apply to:The Department for Energy Security and Net Zero (Oil and Gas Division, Aberdeen) has delegated powers for the regulation of offshore contingency planning and the granting of plan approval on behalf of the Secretary of State for the Environment, Food and Rural Affairs. The Maritime and Coastguard Agency is a statutory consultee. Plans should be submitted to the Department for Energy Security and Net Zero Oil & Gas Environmental Inspector Team. MCA Review of Oil Pollution Emergency Plans (OPEPs) has changed with immediate effect, this is due to the heightened interest on the OSIS modelling which can be best reviewed at MCA HQ. All future OPEPs submitted for consultation should be forwarded to MCA HQ in Southampton (Contact Details are below), the preference is for electronic copies via e-mail, however CDs and hard copies can be sent if necessary. Once an OPEP has been approved by the Department for Energy Security and Net Zero, the controlled copy of the OPEP should be sent as a hard copy or CD directly to the MCA office indicated in the Distribution List or copy holders list within the OPEP, not MCA HQ, and please do not send them as emails as the Operations Rooms do not have the capacity for storage. Email to: [email protected]Contact details:Mr Neil Chapman Maritime & Coastguard Agency Counter Pollution & Response Branch Bay 2/11 Spring Place 105 Commercial Road Southampton SO15 1EGTel: 02380 329228
When to Apply:All new offshore installations (i.e. those on or after 15 May 1998) including exploration and appraisal wells are required to have submitted an Oil Pollution Emergency 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 OPEP. The Department for Energy Security and Net Zero has requested that industry take into consideration the implications of additional guidance post GoM when submitting an OPEP for approval in terms of time required for approval. The Department for Energy Security and Net Zero may require to gain assurance that the provisions and arrangements detailed within their OPEP (see Revised Department for Energy Security and Net Zero Procedures under the Legislation tab for what the Department for Energy Security and Net Zero may require on a case by case basis) (or any other regulatory submission) are in place prior to or after approval is given. This is particularly the case for activities falling under the following categories, and additional time should be allowed for approval prior to the OPEP required date:

  • New operator, and/or drilling contractor and/or rig to UKCS

  • Oil/condensate exploration, appraisal and development wells West of Shetland or Moray Firth, deepwater or HP/HT

Performance Standards

Initial Outcome on UKCS following the Deepwater Horizon Incident in the Gulf of Mexico:
Following the Deepwater Horizon Incident, the UK authorities reviewed procedures in the UKCS. Steps taken include:

  • HSE review of the safety regulatory regime, concluding it was robust, with increased routine checks, peer review of well design assessments, and a basic well control assessment introduced for all MODU inspections.

  • Establishment of the Oil Spill Prevention and Response Advisory Group (OSPRAG) with support from HSE and BEIS.

  • Creation of HSE's internal Deepwater Horizon Advisory Group to review lessons learned.

  • Environmental and pollution response review, including a doubling of MODU environmental inspections by BEIS, increased joint inspections, case-by-case well reviews, and revised procedures for OPEPs.

  • Commitment to fully review offshore regulatory systems as more lessons are learned from the Gulf of Mexico.
Oil Spill Prevention and Response Advisory Group:
Set up by BEIS and HSE following Deepwater Horizon. Group objectives include:

  • Reviewing UKCS regulation and pollution prevention arrangements

  • Assessing the adequacy of financial provisions

  • Monitoring Deepwater Horizon findings and implementing recommendations

  • Liaising with European and international regulators to share knowledge


Members include operators, contractors, government departments, trade unions, and industry bodies.
Approval Prior to Dispersant Use:
Any use of dispersants, whether in shallow or deep water, requires prior approval (including test spraying) from the licensing authority. Exceptions apply only in cases of force majeure, where there’s immediate risk to human health or safety.



In England and Wales, the authority is MMO. In Scottish waters, it's Marine Scotland. Approval must be obtained if substances are to be deposited below the surface or in water shallower than 20 metres.
Reporting of Oil Spills:
A spill should be reported as an oil spill if the substance is not permitted under the Offshore Chemical Regulations 2002 (e.g. hydrocarbons, diesel). If the substance is permitted (e.g. drilling fluids), it should be reported as a chemical spill.
Where There is a Risk of Significant Pollution from an Oil Spill Incident:
BEIS will notify the Secretary of State’s Representative (SOSREP), who has the power to issue intervention directions. If needed, SOSREP may take further action including taking control of or even destroying part of an installation to contain pollution.

Sampling/Monitoring Requirements

Oil Spills: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. (See the Reporting Requirements tab). Guidance on the use and completion of the PON1. 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 Requirements

What to Report: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 by telephone to HM coastguard, but the requirement to report these as 'Known or Unknown Third Party PON1s has been withdrawn, as have PON 1 permitted discharge notifications.

Guidance on PON 1 reporting is available here. A PON1 must be submitted after any release to sea of oil or offshore chemical during offshore oil and gas activities and issued as soon as possible and within 6 hours of the release, or within the timeline specified by an approved permit.

OPRED and the HM Coastguard must be notified if the release fits any of the following criteria:

  • The release is > 1 tonne;

  • The release is within 40 km of the coast;

  • The release exceeds any specific telephone reporting threshold detailed in a relevant OPEP or approved Chemical or Oil Discharge permit and/or

  • It is the first report of an ongoing release (telephone HM coastguard only).


Any discharge that exceeds permit conditions must be reported using an OPPC Permit Non-Compliance (see compliance tab). 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. Also see the Snippets tab.
How to Report:All accidental chemical spills should be reported to OPRED via the Integrated Reporting Service (IRS) on the UK Energy Portal with a PON 1 submission. If the IRS system is unavailable, the PON1 – Proforma word document should be sent to OPRED. The HM Coastguard should also be telephoned where the release is > 1 tonne, within 40 km of the coast, exceeds telephone reporting threshold within the OPEP or if this the first report for an ongoing release. Guidance for the submission of a PON1 is available here.
Who to Report to:Immediately notify the nearest MRCC Coastguard Station by telephone, then confirm spill by faxing the completed proforma that is Annex 1 in the PON 1;Fax spill details (PON1) are to be sent to the Aberdeen MRCC Coastguard station, which is acting as a central distribution centre. Fax spill details (as detailed in Annex 1 of PON 1) to the Department for Energy Security and Net Zero (Oil and Gas, Aberdeen); telephone the Department for Energy Security and Net Zero 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 Pollution Emergency Plan. All measurements must be reported in the units requested on the form.

Communications for a Tier 3 pollution response exercise should be sent to [email protected] and communications for an ongoing pollution response incident should be sent to [email protected]
When to Report:All spills must be notified as soon as possible. The PON1 is utilised by relevant authorities as a pollution incident notification system and it is therefore imperative that, in addition to immediate telephone notification to the nearest Coastguard Station, early notification by PON1 Fax is given to provide effective response.  In this regard it is expected that under normal circumstances incidents be notified by Fax within 6 hours of an event being confirmed and/or identified. Notification should not be delayed in order to close out actions or confirm full details of the incident. Initial notification should occur with additional information being forwarded at a later time by updating the original PON1, if applicable.Where the spill/discharge is, or seems as though it may become, extensive in size (e.g. a blow-out, a fractured pipe or a damaged storage facility) there should be the earliest possible consultation with the nearest Coastguard Station and the Department for Energy Security and Net Zero. In case of an on going spill a daily report PON1 should be sent.

Non Compliance

Non-Compliance: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, the Department for Energy Security and Net Zero are likely to prosecute. In case of non-compliance with oil spill planning, the Department for Energy Security and Net Zero will require a legal content/format oil spill plan to be prepared.
OPPC Regulations:It is an offence under these Regulations to fail to report an un-permitted discharge of oil. All un-permitted discharges, regardless of quantity must be reported to OPRED and other relevant authorities through the submission of a PON1 or OPPC NCN on the Integrated Reporting Service (IRS) on the UK Energy Portal. If the IRS is unavailable, the OPPC non-compliance form should be submitted to OPRED.
Failure to Comply with a Direction:Failure to comply with a direction given by the SOSREP under the Offshore Installations (Emergency Pollution Control) Regulations 2002 is an offence liable to an unlimited fine (£50,000 in Scotland and Northern Ireland) and on conviction on indictment, to an unlimited fine.
Offshore Inspection:The Department for Energy Security and Net Zero Offshore Oil and Gas Environment Unit Enforcement Policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Renewal and Variation

Renewal of OPEP:Oil spill reporting is 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.
OPEP Guidance:All new Oil Pollution Emergency Plans, or OPEPs (previously OSCPs) subject to a 5 yearly review, and any updates made to existing OPEPs must be written in accordance with these Guidance notes (PDF document). Operators are encouraged to review and submit their existing OPEP in line with the the latest before their existing approval period expires. 

Snippets

Approved Oil Spill Treatment Products:A list of oil spill treatment products approved for use in the UK, including name, nature, type and what they are approved for available here.
The Department for Energy Security and Net Zero Environmental Alert (001/2014) - PON1 Reporting:Issued by DECC (now the Department for Energy Security and Net Zero) on 31 March 2014, this environmental alert (PDF document) highlights failures by a number of operators to comply with PON1 reporting requirements. Operators are reminded that in accordance with current reporting requirements PON1s must be reported within 6 hours to:

  • Aberdeen Maritime Rescue Coordination Centre (MRCC) in addition to immediate telephone notification to the nearest MRCC Coastguard Station.

  • Department of Energy and Climate Change (DECC); additional telephone notification is required to the Department for specific scenarios as detailed within the PON1 reporting guidance.

  • Joint Nature Conservation Committee (JNCC) and any relevant Statutory Nature Conservation Body (SNCB) in accordance with installation oil pollution emergency plan arrangements.


The Department for Energy Security and Net Zero regularly issues environmental alert notices in order to raise awareness of any environmental issues on the United Kingdom Continental Shelf (UKCS) so companies can respond appropriately. They are issued directly to Oil and Gas operators and published here.
The Department for Energy Security and Net Zero Environmental Alert (001/2020)The OPRED out of hours incident reporting number, provided by the Meteorological Office, has been changed. The new number is 0330 135 0010. All Oil Pollution Emergency Plans (OPEPS) containing the previous Met number must be amended accordingly by the 31 March 2020. Available here.
Bonn Agreement Action Plan:The Bonn Agreement Action Plan, an ambitious strategy for improving the protection of the coastal and marine environment against pollution by oil and other harmful substances, has been adopted in Dublin, alongside a political commitment put forward in a ministerial "Dublin Declaration".
Consultation Outcome: OPPC and OCRResponses to the consultation on changes to OPPC and OCR Regulations are now available here.
Increased Department for Energy Security and Net Zero Inspections post Gulf of Mexico:DECC (now Department for Energy Security and Net Zero) has increased its inspection of drilling rigs and monitoring of offshore compliance and has asked a new oil industry group to report back on its findings on the UK’s ability to prevent and respond to oil spills. A review has been carried out by DECC (now the Department for Energy Security and Net Zero) officials which has found that the existing system is fit for purpose, but in light of the spill in the Gulf we are strengthening the regime further.
Marine Management Organisation - approved oil spill treatment products (June 2014):List of UK approved oil spill treatment products including the name, nature and type, and what they are approved for. Click here for more information.
Marine Management Organisation - How to use oil spill treatment products and equipment (June 2014):Information on spraying oil spill dispersants, different products and equipment, training, and keeping records. Click here for more information.
National contingency plan for marine pollution from shipping and offshore installationsThis is the second consultation seeking views on the national contingency plan for dealing with marine pollution from ships and offshore installations. The consultation is closed and the feedback is being analysed by MCA (link here).  The strategic overview is available here.
Oil pollution, contingency planning and response training courses (May 2014):A list of current MCA oil pollution, contingency planning and response training courses offered by the Maritime and Coastguard Agency, including booking forms, can be accessed here.
Oil Sampling Environmental Alert:

An environmental alert reports that the Maritime and Coastguard Agency (MCA) has advised the Department for Energy Security and Net Zero that a number of samples of oil that have been taken recently have highlighted issues with regard to the rationale for oil sampling and the method of collection and handling.


A number of recent oil samples provided to the MCA have been handled in such a manner that any analytical analysis of the sample would not be able to deliver a meaningful outcome in terms of confidence in what had been analysed. This environmental alert should act as a reminder to operators should there be a necessity sea surface oil samples, following any spill, to ensure the correct procedures are followed for the taking and forwarding of samples, many of which are detailed within respective OPEP.
Regulation (EU) 1406/2002 (OJ:L208/1/2002) establishing a European Maritime Safety Agency has been amended by Regulation 1625/2016 A European Maritime Safety Agency was established by this Regulation to ensure effective and uniform level of maritime safety and security and prevention of and response to marine pollution, from oil and gas installations and from ships. This amendment make provision for collaboration on coast guard functions across Europe.
Updated guidelines on Relief Well Planning for Offshore Wells (2nd Edition):
On 27 March 2013 Oil & Gas UK published updated guidelines on relief well planning for offshore wells. Planning for relief wells must prepared by Operators as part of the Oil Pollution Emergency Plan (OPEP) submitted to the Department for Energy Security and Net Zero. The second edition comprises guidance for an expanded range of relief wells, including subsea wells.



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