Offshore Installations (Emergency Pollution Control) Regulations 2002

Dear Sir/Madam

OFFSHORE INSTALLATIONS (EMERGENCY POLLUTION CONTROL) REGULATIONS 2002

As you are aware the DECC Guidance Notes to Operators of UK Offshore Oil and Gas Installations on the Offshore Installations (Emergency Pollution Control) Regulations 2002 (EPC) requires all operators to hold an exercise to test their emergency response procedure to include the involvement of the Secretary of State’s Representative every five years. Thereafter a similar exercise is required to be held within the subsequent five year timeframe.

Following the Deepwater Horizon/Macondo Well blowout in April 2010 the UK Government commissioned an Independent Review to assess the various reports and their possible implications for the Regulatory Regime the UKCS. On Wednesday 14 December 2011 this report was published and can be located athttp://www.decc.gov.uk/en/content/cms/meeting_energy/oil_gas/incident_mgt/deepwater_rpt/deepwater_rpt.aspx.

The report contains 26 recommendations with a view to strengthening the UK safety and environmental regime. Within the section relating to Emergency Response, recommendation 3.4 in part states:

Recommendation 3.4

The Panel considers that only through more frequent testing of the full range of response cells which would be mobilised in the event of a major incident can the requisite experience be gained by the key individuals involved. It does not consider that the present frequency is sufficient to ensure this, and therefore recommends that:

- the frequency of the NCP exercises involving an offshore installation should be increased to at least every three years to ensure a high level of response preparedness by all parties.

The Panel also suggests that the frequency of the DECC OCU exercises with operators should reflect the risk particular installations pose to the environment.

The current requirement of Tier 2/3 response contractors is to provide evidence to DECC every five years of their ability to respond and deploy mechanical equipment including aerial surveillance and spraying capability. The Panel recommend the frequency of the response demonstration is increased to align with the NCP exercises.

The recommendation to increase the National Contingency Plan (NCP) exercise involving an offshore oil and gas installation to every three years is currently being discussed during the 2012 NCP Review.

The deployment demonstration of Tier 2/3 containment equipment to align with the date(s) of NCP exercises will be the subject of future discussion with Oil and Gas UK and the decision from the NCP review.

However the Department has considered the recommendation in full and intends to implement the following;

1. The frequency of Operator exercises involving the SOSREP, to include the establishment of an OCU, will now be determined by a risk based approach but no later than every three years;
2. To accommodate point 1, it may be necessary to bring some operator exercises forward, however this change is unlikely to affect exercises scheduled for 2013;
3. The exercise co-ordinator within the Environmental Inspectorate Unit will be contacting all applicable operators to discuss future planning arrangements early in 2013.

The Department realises that this may cause some inconvenience to exercise planning arrangements, however Operators will be provided with at least 6 months notice of exercise requirement. It is hoped the issue of this letter provides sufficient forewarning of the changes being implemented.

Should you require further clarification, or would like to discuss any of the issues, please contact, in the first instance, Jason Lomas, Regulatory Compliance Manager on telephone01224 254110.

Yours faithfully

Wendy J Kennedy

Head, Offshore Environment & Decommissioning

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