Produced Formation Water - Oil in water
Article published in the Regulator | Issue 3: 2014
The repeal of regulations 29 and 29A is a notable change brought about through the 28 February 2014 amendments to the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Environment Regulations). The Regulations previously set a limit of 30 mg/L of petroleum (averaged over 24 hours) in any produced formation water (PFW) discharged to the sea, and also outlined associated testing requirements for equipment used to monitor oil-in-water (OIW).
The 30 mg/L limit was a legacy of the former ‘Schedule of Specific Requirements as to Offshore Petroleum Exploration and Production 1995’, and stemmed from an engineering specification used in the Gulf of Mexico in the 1970s. This was considered to be the limit at which a visible sheen could not be observed and was as low as the available water treatment and analysis technology of the day could achieve.
Regulations 29 and 29A were prescriptive within the wider ‘objective-based’ context of the Environment Regulations, and were inconsistent with the principles of risk management as found in ISO 31000, especially given OIW is only one class of contaminants associated with PFW mixtures discharged to the sea.
Under the amended Environment Regulations, discharges of PFW are to be assessed and managed in the same way as other emissions and discharges from offshore petroleum facilities. That is, it needs to be demonstrated that the impacts and risks will be of an acceptable level and reduced to as low as reasonably practicable (ALARP). It should be noted that while OIW limits may remain a valid control, the risk assessment process must address all impacts and risks. It may therefore be necessary to consider a range of other factors, including the PFW discharge regime, chemical composition, toxicity, extent of dispersion and fate (including potential for accumulation in sediments and biota).
Further, the Environment Regulations also require an appropriate implementation strategy with provisions for the monitoring of emissions and discharges, and reporting arrangements to facilitate assessment of whether environmental performance outcomes and standards are being met and control measures are effective. Together, these elements of the implementation strategy aim to ensure that all reasonable action is being taken to keep the impacts and risks from the discharge of PFW acceptable and ALARP.