WBM Use and Discharge

• Offshore Chemical Regulations 2002

A Permit is required under the Offshore Chemical Regulations 2002 to use and discharge chemicals including drilling muds.

Amendments to the Offshore Chemicals Regulations 2002, made under Schedule 2 of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (OPPC) increase the powers of DECC inspectors to investigate non-compliances and risk of significant pollution from chemical discharges, including the issue of prohibition or enforcement notices.

Proposed revision to the Offshore Chemicals Regulations 2002 are currently out to consultation (see Pending Legislation).

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

These Regulations introduced a permitting system for oil discharges to replace the requirement for an exemption under POPA. Any contamination of cuttings by hydrocarbons from the reservoir will require a permit if being discharged overboard or reinjected (see Consents).

Proposed revision to the OPPC Regulations 2005 are currently out to consultation (see Pending Legislation).

• Food and Environment Protection Act 1985 (FEPA)
• Deposits in the Sea (Exemptions) Order 1985

A licence is required under FEPA for any waste disposal in the sea or under the seabed. However, the Deposits in the Sea (Exemptions) Order 1985 exempts from FEPA licensing the deposit on site or under the seabed of any chemicals and drill cuttings.

However, export of cuttings to another field for reinjection will require a licence under FEPA (see Reinjection).

• Convention on the Protection of the Marine Environment of the North East Atlantic 1992 (OSPAR Convention)
• OSPAR Recommendation 2006/5 on a Management Regime for Offshore Cuttings Piles. This recommendation sets out to reduce pollution from oil or other chemicals from cuttings piles.
• OSPAR Guidelines for Completing the Harmonised Offshore Chemical Notification Format (HOCNF).
• OSPAR Recommendation 2006/3 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that Are, or Which Contain Substances Identified as Candidates for Substitution (see Pending Legislation)
• 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 2004 List of Chemicals for Priority Action (see Pending Legislation)
• OSPAR Recommendation 2000/2 on a harmonised mandatory control system for the use and reduction of the discharge of offshore chemicals as amended by OSPAR Decision 2005/1
• OSPAR Recommendation 2000/4 on a harmonised pre-screening scheme for offshore chemicals as amended by OSPAR Recommendation 2008/1
• OSPAR Recommendation 2000/5 on a Harmonised Offshore Chemical Notification Format (HOCNF) as amended by OSPAR Recommendation 2005/3 and 2008/2

Chemical Permit

A permit to use and discharge chemicals is required under the Offshore Chemical Regulations 2002 (see Drilling Chemicals)

OPPC Permit

Discharge or reinjection of cuttings contaminated with reservoir hydrocarbons (e.g. drilling through the pay-zone) require a permit under the OPPC Regulations (see OPPC Summary Table).

FEPA Licence

If exporting to another field for reinjection a FEPA Licence is required (see Reinjection).

Chemical Permit

Application for use (and discharge) of chemicals must be made using a PON15B.

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 Non-Compliance).

OPPC Permit

If discharge or reinjection of cuttings contaminated with reservoir hydrocarbons is likely a permit will be required under the OPPC Regulations. Applications for a permit under the OPPC Regulations must be made by application form, which is available for download from DECC website.

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

FEPA Licence

see Reinjection.

Chemical Permit

PON15s must be submitted electronically to DECC via the UK Oil Portal. Operators will need to be registered with DECC for access to the Portal.

To set up a UK Oil Portal Account, contact the DECC OED Environmental Management Team at ukop@decc.gsi.gov.uk

Any problems with PON15 submission contact the DECC OED EMT by email at emt@decc.gsi.gov.uk

OPPC Permit

OPPC permit applications to DECC Offshore Inspectorate team by email.

FEPA Licence

see Re-injection.

Chemical Permit and OPPC Permit - 28 days before spud date.

FEPA Licence - see Re-injection (ca. 4-10 weeks)

All chemical use/discharge must be monitored and recorded. See Drilling Chemicals.

Components of mud systems must be listed individually with their appropriate use and discharge (see Reporting).

When drilling with WBM through the oil bearing reservoir, samples of cuttings must be taken for analyses from a minimum of 5 sample data points across the oil bearing reservoir so as to allow a representative and average oil content on cuttings figure to be calculated (see OPPC Sampling Summary Table - Well Operations).  Each sample must be analysed to determine the crude oil content using the Retort method.  The following data should also be recorded:

• Start and end depth of reservoir section;
• Diameter of well section;
• Total quantity of cuttings and associated fluids reinjected (tonnes); and
• Total quantity of cuttings and associated fluids discharged (tonnes).

Reports should be made on all drilling and well chemicals as required by DECC using EEMS Drill Fluids form available from the EEMS website.

As well as being used by DECC 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.

EEMS reports to be submitted 28 days after permit expiry date.

An annual report on progress in phasing out Chemicals with Substitution warnings will be required from 2009 (for 2008 chemicals) onwards for PON15B permits (see Drilling Chemicals).

Reporting of use and discharge must be undertaken on a component basis of the whole mud.

Where a mud is recycled, DECC 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.

For overboard discharge of reservoir hydrocarbon contaminated cuttings, the following must be reported to DECC:

• Depth, length and diameter of well section through oil bearing reservoir.
• The date and time on which oil on cuttings samples were taken.
• The analyses results of oil on cuttings concentration of all samples taken.
• The total quantity of cuttings discharged from the oil bearing reservoir (tonnes).
• The total quantity of oil discharged on cuttings from the oil bearing reservoir (tonnes).
• The average percentage figure of oil on oil bearing reservoir cuttings discharged.

Reports must be submitted to DECC via the Inspectorate Data mailbox within one calendar month of the end of the well operation. A report must be submitted even where there is a zero contamination with reservoir hydrocarbons.

There are no reporting requirements if cuttings contaminated with reservoir hydrocarbon are reinjected.

DECC Permit Condition non-compliance Notification Form is to be used for reporting any identified non-compliances against Chemical Permit Conditions issued under the provisions of the Offshore Chemical Regulations 2002, e.g. use/discharge of chemicals over the permitted quantities or use/discharge of chemicals not on the permit.

Change in chemical type or increase in volume of use or discharge not provided for in the permit, requires application for a variation to DECC (done through revised PON15B). DECC 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 DECC (in consultation with FRS/CEFAS) (application must still demonstrate that a consideration of environmental impact has been made) followed by a written application via the PON15B for record keeping. To avoid such situations, permit application should consider contingency chemicals.

Any chemical spill (i.e. accidental event) must be reported by PON1 (see Chemical Spills).

Non-compliance would include discharge or reinjection of reservoir contaminated hydrocarbons without a valid permit being in place.

Any non-compliance must be reported using the OPPC non-compliance notification form, which can be downloaded from DECC website along with appropriate Guidance Notes.

The Consultation closes on 16 October 2009. Further information is available on the DECC Website.

DECC has published its responses to the consultation exercise and the responses can be found on the DECC website. The responses supported the need for the amending Regulations and after a meeting with industry in May 2010 all points raised were
resolved.

The principle aim of the proposed amendments - to be introduced via the Offshore Chemicals (Amendment) Regulations 2010 and the Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2010 ("amending Regulations") is to make unlawful unintentional releases of chemicals and oil that arise through accidents / non-operational discharges by broadening accordingly the definitions of "offshore chemical" and "discharges" and incorporating a new concept of "release" so as to: (a) differentiate between intentional discharges and other releases; and (b) create a new offence in respect of releases, or allowing a release to continue. Consequently, in making releases unlawful, it will be possible to provide for suitable enforcement actions, including the ability to serve notices to prevent releases occurring and specify actions to be taken to remedy any pollution caused by a contravention and potentially prosecute in the event of any releases. Both sets of amending Regulations also contain a number of minor changes to clarify points which the Offshore Environment and Decommissioning (OED) Branch of DECC's Energy Development Unit (EDU) have identified through experience of administering the existing Regulations since they came into force.

OSPAR Recommendation 2006/3 - UK National Plan

The current UK National Plan for phase out can be found on the CEFAS website

A UK National Plan for phase out of chemicals to meet the requirements of the OSPAR Recommendation is being developed. This will involve continuation of the PON15D permit review process and annual reporting to DECC, extending the scheme to term permits and development of a prioritised National List of Candidates for Substitution.

A UK National Plan for phase out of chemicals to meet the requirements of the OSPAR Recommendation is being developed. This will involve continuation of the PON15D permit review process and annual reporting to DECC, extending the scheme to term permits and development of a prioritised National List of Candidates for Substitution. Prioritisation implementation dates are currently being finalised.

The UK National Plan has four key elements:

• Prioritisation based on the perceived difficulty of phase out;
• Prioritisation based on the ecotoxicological properties of the chemical;
• Wherever possible, securing the replacement of candidates for substitution in preference to minimising operational discharges to the marine environment.
• Requiring industry to justify the continued discharge of candidates for substitution, prior to proposed interim phase-out targets or deadlines, to confirm the efforts made to phase out the use and/or discharge of the chemical and to demonstration that phase out is not currently considered to be feasible for technical or safety reasons.

Draft prioritised targets for the UK are:

• Level 1 (highest priority)
  • Highly persistent (biodegradation <20%), bioaccumulating (LogPow >3 and/or molecular weight measure) and toxic (LC50/EC50 <10mg/l) chemicals to be replaced; or discharges to the marine environment to be eliminated or continued use and/or discharge to be formally justified by 2010.
• Level 2
  • Moderately persistent (biodegradation >20% but <60%), bioaccumulating and toxic or
  • Highly persistent and bioaccumulating; or
  • Highly persistent and toxic chemicals to be replaced, or discharges to the marine environment eliinated, or continued use and/or discharge to be formally justified by 2012.
• Level 3
  • Moderately persistent and bioaccumulating; or
  • Moderately persistent and toxic; or
  • Bioaccumulating and toxic chemicals to be rpelaced, or discharges to the marine environment eliminated and/or discharge formally justified by 2014.
• Level 4 (lowest priority)
  • Highly persistent; or
  • Highly toxic (LC50/EC50 <1mg/l) chemicals to be replaced, or discharges to the marine environment eliminated, or continued use and/or discharge to be formally justified by 2016.

Authorities should not issue new authorisations for the discharge in the OSPAR maritime area of offshore chemicals that are or which contain added substances, listed in the OSPAR 2004 List of Chemicals for Priority Action unless those offshore chemicals have already been registered with CEFAS for offshore use prior to this recommendation effect (1 July 2005).

By 1 January 2010, Contracting Parties should have phased out the discharge in the OSPAR maritime area of these chemicals.

The Public Participation Directive is applicable to the Offshore Chemical Regulations 2002, however this will no affect the current system as there is already a requirement for public consultation.