Environmental statement - Flyndre and Cawdor - Maersk Oil

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Accidental Events Issue Legislation Regulator and Requirements Oil pollution emergency planning (Installations) Offshore Installations (Emergency Pollution Control) Regulations 2002 (as amended by the Energy Act (Consequential Modifications) (Offshore Environmental Protection) Order 2010) Offshore Chemical Regulations 2002 (as amended 2011) (as amended by the Energy Act (Consequential Modifications) (Offshore Environmental Protection) Order 2010) Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended 2011)(as amended by the Energy Act (Consequential Modifications) (Offshore Environmental Protection) Order 2010) Regulator: DECC Flyndre and Cawdor Environmental Statement Appendix A - Register of Environmental Legislation In the event of an incident or accident involving an offshore installation where there may be a risk of significant pollution of the marine environment or where the operator fails to implement effective control and preventative operation the Government is given powers to intervene. DECC under agreement with MCA will notify Secretary of State Representative (SOSREP) in the event of an incident if there is a threat of significant pollution into the environment. The SOSREP’s role is to monitor and if necessary intervene to protect the environment in the event of a threatened or actual pollution incident in connection with an offshore installation. The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 amends the Offshore Installations (Emergency Pollution Control) Regulations 2002 to ensure that the powers of the Secretary of State to prevent or reduce accidental pollution extend to accidents resulting from CCS. These Regulations require all use and discharge of chemicals at offshore oil and gas installations to be covered under a permit system. Exceedance of discharge limits must be reported. 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. Under these Regulations it is an offence to make any discharge of oil other than in accordance with the permit granted under these Regulations for oily discharges (e.g. produced water). However, it will be a defence to prove that the breach of permit arose from an event that could not be reasonably prevented. Permits now extend to pipelines under the 2011 amendments and to carbon sequestration activities under the Energy Act (Consequential Modifications) (Offshore Environmental Protection) Order 2010. OSPAR Recommendation 2010/18 OSPAR recommendation 2010/18 on the prevention of significant acute oil pollution from offshore drilling activities came into force on 24 th September 2010. Oil pollution The Merchant Shipping (Implementation of Ship‐Source Pollution Directive) Regulations According to OSPAR recommendation 2010/18, contracting parties should: Continue or, as a matter of urgency, start reviewing existing frameworks (i.e. the regulatory mechanisms and associated guidance applied by the Contracting Parties in the OSPAR area), including the permitting of drilling activities in extreme conditions. Extreme conditions include, but are not limited, to, depth, pressure and weather evaluate activities on a case by case basis and prior to permitting. EC Directive 2005/35 on ship‐source pollution and on the introduction of penalties for infringements states that ship‐source polluting discharges constitute in principle a criminal offence. According to the Directive this relates to discharges of oil or other noxious A ‐ 28 D/4114/2011
Flyndre and Cawdor Environmental Statement Appendix A - Register of Environmental Legislation emergency planning (shipping) Pipeline emergency prevention 2009 substances from vessels. Minor discharges shall not automatically be considered as offences, except where their repetition leads to a deterioration in the quality of the water, including in the case of repeated discharges The Merchant Shipping (Oil Pollution Preparedness, Response and Co‐operation) Regulations 1998 (as amended 2001) Pipeline Safety Regulations 1996 (as amended 2003) The Directive applies to all vessels, polluting discharges are forbidden in: Internal waters, including ports, of the EU Territorial waters of an EU country Straits used for international navigation subject to the regime of transit passage, as laid down in the 1982 United Nations Convention on the Law of the Sea (UNCLOS) The exclusive economic zone (EZZ) of an EY country The high seas The Merchant Shipping (Implementation of Ship‐Source Pollution Directive) Regulations 2009 implement EU Directive 2005/35/EEC by making amendments to the following: The Merchant Shipping Act 1995 the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 The Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 The Regulations limit the defences available to the master or owner of a ship involved in an oil spill or chemical spill and extend liability for the discharge to others such as charterers and classification societies. This closed a loop hole in the existing legislation where some large spills were not open to prosecution under MARPOL. Regulator: DECC Requires the Operator to produce a site specific Oil Pollution Emergency Plan (OPEP) to be submitted to DECC and statutory consultees at least 2 months prior to start of activities. An OPEP needs to cover the procedures and reporting requirements on how to deal with an incident where hydrocarbons are being released into the sea. All approved OPEPs must be reviewed and resubmitted to DECC and consultees no later than five years after initial submission. In order to ensure adequate cover the operator must submit the plan at least 2 months prior to the end of this deadline. Regular reviews are further required to ensure response capabilities, operation details and contact details remain current. Vessels that are in transit will be covered under the SOPEP however when once on site and carrying out work for the operator the vessels should be covered by the operators OPEP. Under the Pipeline Safety Regulations 1996 (as amended): pipelines must be designated and constructed to ensure safe and effective shut‐down in the event of an emergency HSE must be notified of proposed pipeline construction pipelines must have emergency shutdown valves and major accident prevention documentation. D/4114/2011 A ‐ 29
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Environmental statement - Flyndre and Cawdor - Maersk Oil

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