North Sea Oil & Gas – The North Sea Regulator Michael Reid Head Offshore Inspectorate Team The Environmental Law Enforcement Conference Edinburgh Thursday 27 June 2013 Topics • Background to DECC • Environmental Management Team • Offshore Environmental Inspectorate • Decommissioning Unit • Maitland Review - Deepwater Horizon – Emergency Response – National Exercise 2011 – SOSREP – Liability and Insurance • Future Developments Background to DECC Background to DECC Department of Energy and Climate Change Responsible for • • All aspects of UK Energy Policy Tackling global climate change on behalf of UK Regulators for Offshore Oil & Gas Industry • • • • DECC – Environment, Consenting, Decommissioning HSE – Health & Safety MCA – Shipping, Counter Pollution SEPA/EA – Radiation, Waste Background to DECC UK Reserves, Who Owns Them? Petroleum Act 1998 • Ownership of oil and gas within the UK, within its territorial sea, and on its Continental Shelf, rests with the Crown • Act gives the UK Government the right to grant licences to explore for and exploit resources • Licences include terms and conditions ‒ Exploration Licences ‒ Production Licences • Operational Phase subject to consents and approvals, e.g. to drill wells, install pipelines etc. • Decommissioning Phase subject to approval of formal programme to abandon or remove facilities Background to DECC DECC – Offshore Environment and Decommissioning Responsible for: • Licensing UK oil & gas developments, including CCS & gas storage • Environmental regulation of offshore energy developments through permits / consents • Inspection against permits • Enforcement Action • Review decommissioning plans for suitability Background to DECC How Does DECC Look After the Environment? Policy • Influencing EU, OSPAR and Domestic Policy Implementing Policy • Preparing regulations and agreeing voluntary initiatives Management • Approvals - environmental assessment of proposals, and issuing permits for discharges, emissions and other activities • Decommissioning - financial guarantees, programme approval Enforcement • Inspections, investigations and prosecutions • Secretary of State’s Representative (SOSREP) ENVIRONMENTAL MANAGEMENT TEAM The Offshore Oil and Gas Life Cycle Exploration Activity e.g. Seismic Surveys Clean Sea Bed Each stage has an environmental impact that has to be assessed Drilling Operations Field Developments Decommissioning Production Operations UKCS Offshore Environmental Regulation Generic and Wide Ranging Project and Site Specific Activity Specific Enforcement STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) HABITATS AND SPECIES DIRECTIVES (AA) LICENSING ENVIRONMENTAL IMPACT ASSESSMENT (EIA) HABITATS AND SPECIES DIRECTIVES (AA) Chemical Use And Discharge Discharges Of Oil Atmospheric Emissions Incident Response Regulatory Compliance Pollution Prevention, Inspections and Investigations Licensing and Operatorship Process for Operator Approval • Formal application submitted to Licensing Authority, including details of technical, environmental and financial competence • DECC Environmental Teams will interview all new applicants • Environmental assessment includes review of Company Management Structure, Corporate Environmental Policy, Environmental Record, Environmental Management System and Pollution Liability Arrangements Well Operations Robust Assessment Process • Technical Assessment by DECC Exploration / Field Teams • Applicant must provide details of well location, target and architecture to obtain consent. Exploration / Field Teams can reject applications • Environmental Assessment undertaken by DECC Environmental Operations Unit • Applicant requires a number of environmental approvals, permits before operations can proceed The SEA Programme EC Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment SEA undertaken in specific geographical areas prior to each licensing round Total cost to date approximately £21M Project and Site Specific Assessments EC Directive 85/337/EEC on the Assessment of the Effects of Certain Public and Private Projects on the Environment Mandatory Environmental Statement • Field developments requiring consent for the production of >500 tonnes of oil per day or >500,000 m3 of gas per day • Extension of a development consent involving an increase in production that exceeds the thresholds detailed above • Construction of any pipeline of >40 km in length and >800 mm diameter Recommended Environmental Statement • Qualifying activities in sensitive areas, or in areas where there has been no previous, similar, activity, e.g. drilling in previously unlicensed blocks West of Shetland Directions • Other activities, e.g. drilling operations, well tests, small production increases and small pipelines, require a mini-ES to confirm that an ES is not required Conservation / Biodiversity EC Directives 92/43/EEC on the Conservation of Natural Habitats and of Fauna and Flora and 79/409/EEC on the Conservation of Wild Birds • Potential conservation / biodiversity issues must be identified and addressed in the SEA and EIA • DECC required to undertake an Appropriate Assessment (AA) if a plan or project could affect integrity of a protected site or affect the protected species relevant to that site • If the AA finds no significant effect – DECC can approve the proposals • If the AA concludes the integrity of the site, or the protected species, could be adversely affected – DECC may refuse or require modification of the plan / project Protected Species Issues Special Protected Areas (SPAs) and SACs: • Coastal SPAs for seabirds, which are to be extended offshore to include feeding areas • Specific areas and times of the year are considered to be to be particularly sensitive for seabirds found further offshore – OPEP content • SACs for Bottlenose Dolphin populations in Moray Firth and Cardigan Bay have impacted licensing and exploration activities • Specific areas and times of the year are considered to be particularly sensitive for larger cetaceans (offshore) and seals (near-shore) – OPEP content • Significant research being undertaken to provide a better understanding of potential impacts Control of Discharges Chemicals and Oil Discharges • Offshore Chemical Regulations 2002 - The Chemicals Regulations • Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 - Oil Discharge Regulations – OSPAR Harmonised Mandatory Control System – Chemicals permits required for all offshore operations – Controls use and discharge of all operational chemicals – OSPAR controls on produced water, ballast water, drainage etc – Oil discharge permits required for all major waste streams contaminated with reservoir hydrocarbons or other oils Both recently amended to extend provisions Control of Atmospheric Emissions Combustion Equipment and Flare Emissions • The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 – the IED Directive – All facilities with aggregated capacity of >50MW(th) – Controls mass of NOx, SOx CO and UHC emissions – Monitoring requirements • The Greenhouse Gases Emissions Trading Scheme Regulations 2005 – the EU ETS Regulations – All facilities >20MW(th) – Offshore sector restricted to CO2 from combustion plant – Trading scheme based on CO2 allocations and monitoring and reporting of emissions OFFSHORE ENVIRONMENTAL INSPECTORATE Offshore Oil and Gas - Operations On United Kingdom Continental Shelf (UKCS) 470 Installations - 58 Licensed Operators • • • • 10% floating installations 30% subsea installations 50% small steel installations 10% large steel or concrete installations – potential derogations for abandonment Approx 35,000 km pipelines • 10,000 km major pipelines Currently 28 Mobile Drilling Units (MoDUs) Remit of Inspectorate Assess & Review Combustion Emissions Flare Inspect Drilling – Cuttings and fluid management Respond Investigate Operational Systems Procedures Bunkering Chemical Use & Discharge Enforce Accidental Releasesoils and chemicals Production Process Produced Water Assess – Inspect – Respond – Investigate – Enforce Exploration and Production - Drilling Activity Production – Oil, Condensate and Gas Operational Assessments and Inspections Regulatory Reviews • Linked to risk-based approach • Onshore meetings with licence operator and drilling contractor, particularly new operators or MODU owners, or when the MODU is new to the UKCS • Review of documentary evidence , procedures, competencies etc., to confirm that arrangements are compliant and fit for purpose • Liaison with HSE to confirm MODUs have accepted UK safety case Operational Assessments and Inspections Offshore Inspections • Linked to risk-based approach ‒ Unproven Operations – New Operator / New Drilling Contractor / New MODU ‒ Well type ‒ Reservoir type ‒ Estimated liquid hydrocarbon flow rates ‒ HPHT ‒ Well location ‒ Water depth ‒ Distance to the shore or nearest median line Operational Assessments and Inspections Offshore Inspections (continued) • Pre Spud inspections undertaken prior to commencement of operations for MODUs new to UKCS and for the most complex wells • Pre Reservoir inspections undertaken prior to drilling reservoir sections for high flow-rate wells • Routine MODU inspections undertaken at regular intervals, with frequency dependent upon the nature of the operations • Liaison with HSE for joint inspections UKCS Oil Spill Statistics 2008-2012* (*2011 & 2012 data subject to change) Total Volume Released - Tonnes Total Number of Oil Reports 160 300 290 140 293 284 280 270 260 120 100 271 272 154 80 250 248 240 60 40 230 20 220 0 2008 2009 2010 2011 2012 51 37 2008 2009 2010 42 40 2011 2012 UKCS Chemical Spill Statistics 2008-2012* (*2011 & 2012 data subject to change) Number of Chemical Reports Chemicals Released to Sea (Tonnes) 250 200 1400 1200 180 150 242 1300 227 1000 163 175 800 100 600 703 400 593 50 410 200 402 0 0 2008 2008 2009 2010 2011 2012 2009 2010 2011 2012 UKCS Statistics 2007 – 2011* High Level Cause Analysis (*2011 & 2012 figures subject to change) 2008 50 45 40 35 30 25 20 15 10 5 0 Hose Failure Pipework Leak 2009 2010 2011 Caisson Seal Failure Tank Filling Level Overflow Overflow Controller 2012 Drain Overflow Valve Failure Investigations Common Factors and Learning • • • • • • • • • • • Routine Operations Reinforce Risk Assessment procedures Procedures ‘not followed’ or ‘not in place’ Review competency and training Ensure roles and responsibilities are understood Communication failures Maintain ownership of task Equipment failure / lack of maintenance Operator error Lateral learning within / between companies Post incident Implications Investigation and Enforcement Policy in Practice • Size, scale and nature of the spill • Environmental impact and potential impact • Location of incident, e.g. special area of conservation or other environmentally sensitive area • Permit holders/operators past performance • Previous enforcement record of the installation • Seriousness of any potential breach of law • Notification that may give rise to public concern or media interest Enforcement Policy • The Enforcement Policy describes an escalating tariff of enforcement: • Enforcement options that can be applied by OED inspectors include: – – – – – Enforcement letter Enforcement notice Prohibition notice Revocation of a permit Prosecution DECOMMISSIONING UNIT What Are We Responsible For? • • • • • • • Protecting the Government and Taxpayer from incurring decommissioning liabilities Maintaining statutory liabilities on operators Government policy and industry guidelines Supporting operators as they develop their decommissioning programmes Approving decommissioning programmes and monitoring programme execution Management of post decommissioning activity Cradle to grave involvement Complexity and Scale • • Health and safety Politics • • Economics • Technical Stakeholder engagement Context • • • • • • • • Decommissioning is taking place under the taxpayer’s radar Increasing press coverage Difficult economic period High energy and fuel costs Highly profitable industry Significant tax relief Freedom of Information Actual costs >40% greater than estimated in approved programmes Decommissioning • Technical Feasibility • Environmental Impact • Other Users of the Sea • Safety - Well abandonment - Decontamination of facilities - Topsides, jackets and pipelines - Seabed disturbance - Derogations (footings / concrete) - Drill cuttings - Monitoring - Long-term liability £30-40 billion and rising How much work is there? Items Reviewed Over the Last 2 Years Notfications Issued Installations 600 500 400 300 200 100 0 50 70 07-08 08-09 • £7 Billion estimated decommissioning costs 20 Potential Likely 30 20 40 09-10 10-11 18 active decommissioning 30 programmes Decommissioning • 60 40 Items Reviewed 06-07 50 60 Pipelines • Further 20 programmes on10the horizon Actual 0 Q3 Q1 Q2 Q3 2009-10 to 2010-11 10 FDP 0 Q4 Licence Transfers IPR PWA Responding to increasing workload • Continuous improvement – Measuring internal performance – Maximise use of web based systems – Streamlining programme content • Strengthen the relationship with industry – Promote regular dialogue and open door approach – Secondment programme – Participate in industry working groups • Recovering our costs from April 2012 – simple, fit for purpose, fair to both the taxpayer and industry – balance resources against increasing workload MAITLAND REVIEW – DEEPWATER HORIZON Deepwater Horizon Review As a result of the Deepwater Horizon incident in April 2010 the UK Government commissioned an independent review (Maitland) of the UK Offshore Oil and Gas Industry, looking at areas such as • Well Planning and Control • Environmental Protection • Emergency Response Emergency Response OPEP Guidance • Current OPEP Guidance viewed as robust and enabled operators to produce an OPEP which is a fit for purpose operational document which sets out clear procedures to respond to offshore oil pollution incidents • However: Letters with revised Guidance to industry sent 23 December 2010; July and September 2011 o Operator must have systems and procedures in place to source and initiate contract for controlling the well situation – details of time taken to source and deploy equipment both for capping and relief well drilling o Confirmation of operators financial position or insurance provision to cover costs of responding to a spill, deploying a capping device or drilling a relief well. • OPEP Guidance strengthened and re-issued July 2012 Emergency Response Environmental Assessment • All offshore operations must be covered by an Oil Pollution Emergency Plan, as required under Oil Pollution Preparedness Response and Cooperation Convention • Development and production wells are incorporated within the main Field Plan and exploration and appraisal wells are either likewise an appendix to this plan or a completely separate plan • DECC requires additional information within the OPEP to provide evidence that systems and procedures are in place that allows both the Operator and their third party oil spill response contractor(s) to respond effectively to any pollution event • Well operations plans must assess the worst-case scenarios of an uncontrolled release of hydrocarbons (a blow out) and the loss of the installation’s maximum fuel inventory Emergency Response Environmental Assessment • Operators responsibility to ensure the OPEP clearly identifies the potential release scenarios, including the worst case scenario, the potential environmental impacts and the strategies/measures that will utilised to respond to and mitigate those impacts • The measures that must be detailed include, where applicable, the deployment of a capping device and/or the drilling of a relief well – with all the logistical timeframes for such deployment • Plans must include modeling to assess whether, and when, spills would cross median lines or beach (UK or adjacent States) • Plans must demonstrate operators ability to respond to a spill and the procedures that would be followed, and confirm they have the financial capacity to deal with the potential consequences of the spill National Exercise 2011 Exercise Sula Overall Aim & Objectives To exercise the United Kingdom’s (UK) response to major oil spill from deep water drilling incident (similar to Macondo / Gulf of Mexico incident) • • • • • Test National Contingency Plan for marine pollution from an offshore installation Demonstrate Oil and Gas Industry’s ability to respond to major deepwater well control incident and resulting oil spill Exercise Chevron Well Control, Oil Spill Response and Tier 2&3 emergency response plans Test liaison on National and International basis (Norway, Denmark, Faeroe Islands) Exercise National Contingency Plan media response and management In addition: • Physical demonstration of Industry Tier 2/3 oil spill response assets ‒ Surveillance and dispersant aircraft ‒ Marine vessels – dispersant and oil skimming ‒ Shoreline protection and counter pollution response National Exercise 2011 SULA Scenario • Chevron drilling Cambo 4 appraisal well in Atlantic Ocean 162 kilometres West of Shetland Islands, 170 kilometres east of Faeroes and 8 kilometres from the median line between UK and Faeroese waters. • Water depth is 1090 metres and well flowing at 6,000 barrels of oil per day. • Emergency disconnect occurs of Stena Carron after failure of marine riser tensioner system and an increasing sea state. • Failure of subsea test tree and BOP system to fully close. • Resultant uncontrolled release of oil to sea. National Exercise 2011 SULA - Resultant Release (6,000bopd) 79 days duration with 68,000 tonne gross release Exercise Artificiality Weather simulated to drive oil towards Shetland. • Surface (OSIS) modelling predicts ‒ first oil beaches in 9 days ‒ Max Oil Day 18 (8,700 tonne) • Alternate OSCAR Modelling ‒ Majority of oil remains within water column ‒ First beaching day 12 ‒ 83 tonnes of oil beaches in Shetland ‒ Further 12 tonnes beaches Norway day 77 ‒ 0.14% oil beached Exercise Artificiality • Models do not account for counter pollution measures. • Assume ongoing release with no well intervention. National Exercise 2011 SULA - Increased Release Scenario Day 2 injects will assess response capability with increased oil rate of 88,000 bopd. Replace BOP Scenario (2 day increase) • 34,404 tonne gross release • >75% remains in water column • Beaching in 12 days • 114 tonne estimated beached Failure case (79 day increase) unable to replace BOP • 926,000 tonne gross release • 800 tonne beached on Shetland • Majority remains within water column • Norwegian Coastline beaching 60 days Exercise Artificiality • Models do not account for counter pollution measures. • Assume ongoing release with no well intervention. • Worst case exercise weather conditions. • Maximum theoretical well flow condition. National Exercise 2011 Exercise Sula – Recommendations Following the completion of the exercise, a report was published and contained therein were 13 recommendations and 15 Observations/Best practice issues published on both DECC and MCA web sites. A Recommendations Review Group established to oversee the outcome of the recommendations. Target dates were set and the group required monthly updates from the action assigned personnel. Report of the Recommendations Review Group is published on the MCA web sites. http://www.dft.gov.uk/mca/mcga07-home/emergencyresponse/mcgadops_cp_environmental-counter-pollution_and_response.htm SOSREP SOSREP National Contingency Plan (NCP) • As a Party to the UN Convention on the Law of the Sea (UNCLOS), the UK as do all coastal states, has an obligation; ‘to protect and preserve the marine environment.’ • The Plan is one of the measures that the UK has taken to meet this obligation. • Currently under review SOSREP History and Development • • Following the Sea Empress incident in 1996 – 72,000 tonnes crude released Lord Donaldson’s Review of Salvage and Intervention and their Command and Control ‒ 26 recommendations – 4 deemed fundamental 1) 2) 3) 4) The ‘Trigger’ point is when there is “a threat of significant pollution” to the UK’s pollution control zone, territorial waters or coastline; MCA as a whole should play a much larger part in operations; Response to the threat of pollution from or involving an offshore installation to be compatible with same from shipping casualty – need for new legislation; Involvement of Ministers in Operational decisions is not a practicable option SOSREP History and Development ‘There should be ‘ultimate’ control of salvage by a Secretary of State’s Representative acting in the overriding public interest’ ‘SOSREP’ Secretary of State’s Representative for Maritime Salvage and Intervention SOSREP Role To represent the Secretaries of State for Transport and Energy & Climate Change by removing or reducing the risk to persons, property and the UK Environment arising from accident involving ships, fixed or floating platforms or sub-sea infrastructures within UK waters, within the remainder of the UK Pollution Control Zone and on the UK Continental Shelf SOSREP Function • One person to act as representative of Secretary of State’s • Free to act without recourse to higher authority • Ultimate and decisive voice • Ultimate control • Cannot choose to ignore a situation • Tacitly approves all actions • During operations must be “Backed or sacked” SOSREP Powers of Intervention • Merchant Shipping Act 1995, as amended; • • • • Dangerous Vessels Act 1985 Maritime Security Act 1997 Offshore Emergency Pollution Control (EPC) Regulations 2002 Marine Safety Act 2003 • Powers cannot be used in anticipation of an incident • In all cases an accident must have occurred SOSREP Powers of Intervention • Purpose: ‒ ‒ • Application: ‒ ‒ ‒ • Safety – UK Territorial Waters (12 miles) Pollution – UK Pollution Control Zone (200 miles)/median line Pollution - Offshore Installations – UK Continental Shelf Directions: ‒ ‒ • Removing, preventing or reducing the risk to safety or of pollution Securing safety of a ship/installation, persons or property Ship/Installation is/is not to be moved, use of facilities, remove from UK waters Destruction of a vessel or installation! Served to: ‒ Masters, owners, offshore operators, managers, servants etc. Deepwater Horizon Review As a result of the Deepwater Horizon incident in April 2010 the UK Government commissioned an independent review (Maitland) of the UK Offshore Oil and Gas Industry, looking at areas such as • Well Planning and Control • Environmental Protection • Emergency Response • Learning from Incidents and Best Practice • Implementation Assurance • Competency and Training of Work Force • Work Force Engagement • Liability and Insurance Liability and Insurance Financial Responsibility Guidance What is it DECC requires? Assurance that OPEP will be implemented, when required, including the mitigation measures identified Assurance that operators have accurately calculated the risks associated with the planned activity Assurance that appropriate financial mechanisms are in place to meet those risks DOES THE OPERATOR HAVE THE FINANCIAL RESOURCE TO IMPLEMENT THE RESPONSE STRATEGY AND/OR DEAL WITH COMPENSATION CLAIMS? Liability and Insurance Financial Responsibility Guidance The level of Financial Responsibility that operators are required to demonstrate for any particular well should be calculated by establishing the combined: – 1st party costs - Cost of well control, and – 3rd party costs - Cost of financial remediation and compensation from pollution This should be provided at the time the OPEP is submitted to DECC for approval, unless otherwise agreed with DECC Liability and Insurance Financial Responsibility Guidance Financial Responsibility can be verified by means of – – – – Reliance on credit/financial strength rating of the operator or co-venturer Insurance Parent company/affiliate undertaking Any combination of the above DECC also requires confirmation through a Resolution of the Board of Directors of the Operator Company and Board of any Joint Venture Partners that DECC Guidance Note and OGUK Guidelines have been implemented. Deepwater Horizon Review As a result of the Deepwater Horizon incident in April 2010 the UK Government commissioned an independent review (Maitland) of the UK Offshore Oil and Gas Industry, looking at areas such as • • • • • • • • Well Planning and Control Environmental Protection Emergency Response Learning From Incidents and Best Practice Implementation Assurance Competency and Training of Work Force Work Force Engagement Liability and Insurance • Regulator Issues • Technology Development FUTURE DEVELOPMENTS EU Directive on Safety of Offshore Oil and Gas Operations The objective of this Directive is to • reduce as far as possible the occurrence of major accidents relating to offshore oil and gas operations and limit their consequences • increase the protection of the marine environment and coastal economies against pollution • establish minimum conditions for safe offshore exploration • exploit oil and gas and limit disruptions to Union indigenous energy production • improve the response mechanism in case of an accident EU Directive on Safety of Offshore Oil and Gas Operations • Appointment of Competent Authority – Assess and accept reports on major hazards – Oversee compliance by operators, including inspections, investigations and enforcement actions – Produce Annual Plans securing compliance with the regulatory framework for major accident prevention – Produce reports • Functions of the Competent Authority shall be carried out within an authority that is independent of functions relating to economic development of the offshore resources, licensing and collection and management of revenues. Government and Industry Working in Partnership • PILOT is the Joint Oil and Gas Government Industry and Trade Union strategic forum, originally started in 2000 and refocused in 2010 • Unique collaborative forum which works on the key issue affecting the UKCS • 8 industry representatives at MD level from Oil and Gas • UK and 5 independent industry members appointed by the Ministers • Trade Union representative from Scottish TUC Role: ̵ To secure full economic recovery of our hydrocarbon resources ̵ Secure the long term future of the UK oil and gas industry ̵ Ensure security of energy supply for the UK What PILOT is working on now and for the future Current PILOT Work Areas • • • • Infrastructure – working to ensure the infrastructure is available to exploit the remaining reserves. Improved Oil Recovery/ Enhanced Oil Recovery – working to improve our recovery rates in the UK.(currently leaving more behind than recover) Access to Capital – ensuring the funds are available for investment. Supply Chain – drive on increasing UK content. New work streams » Technology » Exploration The Future • The oil and gas sector has been one of the UK’s major industrial success stories, a key contributor to growth, jobs and tax revenue • 41 billion barrels produced and circa 20 billion barrels or more could still be produced • New challenges face the offshore oil and gas industry in extracting this oil and gas reserves • Factors to be considered – Declining exploration and production rates – Aging infrastructure risk of premature decommissioning – New areas of exploration – deep water West of Shetland The Future Secretary of State for Energy and Climate Change has initiated a review on challenges facing UKCS • Licensing regime • Optimising use of and extending life of infrastructure • Production efficiency • Better collaboration across industry • Increasing the exploration effort • Maximising the use of enhanced oil recovery techniques • Effectiveness of Government Stewardship regime in line with the increased technical and commercial complexity of mature market Emerging conclusions from the review to be published in the autumn with the final report and recommendations to be published in early 2014. 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