Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018

Lord Bruce of Bennachie Excerpts

Thursday 21st June 2018 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Henley) (Con)]

My Lords, the regulations will provide BEIS’s offshore petroleum regulator—that is, OPRED, as referred to earlier—with powers to impose emission limits on atmospheric pollutants from certain types of combustion plant and monitoring requirements for those pollutants.

The regulations transpose two European Union directives and will allow OPRED to impose emission, monitoring and reporting controls on specific atmospheric pollutants from certain types of combustion plant, such as gas turbines and engines, on offshore installations. Obligations from these directives are transposed by amending the existing Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013.

The 2013 regulations implement provisions of chapters I, II and VII of the industrial emissions directive. The controls are enforced through permits for combustion plant, such as gas turbines and engines, on offshore installations that, alone or when aggregated, have a thermal rated input equal to or greater than 50 megawatts. When the industrial emissions directive was being implemented, there were no offshore facilities with qualifying large combustion plant such as boilers, heaters and diesel engines and none was foreseen. Consequently, those obligations relating to large combustion plant in chapter III of the directive were not transposed. However, there are now two offshore installations with plant that fall within the scope of chapter III of that directive, and relevant provisions in that chapter will now apply. The medium combustion plant directive obligations mean that we now also need to extend our regime to medium combustion plant to include boilers, heaters and dual-fuel engines with thermal capacities in the range of 1 to 50 megawatts.

Twelve offshore installations will be subject to the new requirements. There will be new requirements to control, monitor and annually report data on specified atmospheric emissions from large and medium-sized combustion plant, in line with the directives. Relevant existing permits issued under the 2013 regulations will be revised to incorporate the new obligations. Where necessary, new permits will be issued. The regulations will also ensure that inspection reports relating to large combustion plant are made publicly available. This is not required for medium combustion plant. The Offshore Environmental Civil Sanctions Regulations 2018 will apply to the regulations and will act as a deterrent against non-compliance.

In September 2017, a four-week public consultation on these draft regulations was undertaken. Eight responses were received seeking additional clarifications and concerns were raised regarding combustion plant which would be unlikely to meet the emission limits. The Government’s response addressed the consultation comments and we agreed to publish an updated guidance note to support operators’ compliance with the regulations.

One substantive issue arose from the consultation regarding the provisions in Regulation 15, under which emission limits will be included in permits to control the level of pollutants emitted into the atmosphere. The concern is that, in some cases, those limits may not be achievable because replacement or retrofitted abatement of existing plant will not be possible due to space limitations and technical configuration on offshore installations which were designed many years ago. We took account of industry concerns by making clear that we will work with operators on a case-by-case basis to manage the situation in line with the regulations. We understand the importance of maintaining the security of energy supplies and maximising economic recovery of hydrocarbons and do not want to see offshore installations entering early cessation of production.

The regulations are needed to control and reduce emissions of pollutants harmful to the environment and human health and implement two EU directives. Without additional powers to monitor air pollutants at the individual plant level, it is difficult to accurately quantify the emissions and ensure compliance. The regulations will contribute to our aim of ensuring that offshore hydrocarbon activities are carried out in a safe, clean and environmentally sound manner.

In conclusion, the object of the regulations is to control atmospheric emissions from offshore combustion plant which are harmful to the environment and human health, in line with EU directive requirements. This will be achieved through permits for qualifying combustion plant to set emission limit values, monitoring and reporting conditions; conducting offshore inspections and investigation of breaches; and the use of enforcement notices to instruct operators to take action to address breaches within specified timescales.

The regulations will enter into force 21 days after being made. The requirements will take effect immediately for large combustion plant, but there is a phased implementation for medium combustion plant. I commend these draft regulations to the House.

[Lord Bruce of Bennachie (LD)]

My Lords, I thank the Minister for that introduction. He has touched on my concerns, but I want to press him a little further. I appreciate that this is the implementation of an EU directive and we want to maintain compliance with EU regulations, but it is a fact, nevertheless, that the largest volume of offshore installations are in the UK or the Norwegian continental shelf. I am not denying that there are other installations in Germany, the Netherlands and Denmark, but the big ones in the most exposed conditions are in the UK and Norway.

Of course, in the past the EU has attempted to have more direct involvement in the regulation of the North Sea, which has been resisted, I think correctly, by the UK. What I want to explore, and the Minister did touch on this, are the concerns, particularly with some of the mature investments we have in the North Sea, that the difficulty or the disproportionate cost that might be involved in meeting these could affect future production. The Minister has indicated that the Government want to work with the industry, but how sure are they that we will not reach a situation in which significant production or investment will be compromised?

I say that with some hesitation. I know the environmentalists tend to want to shut everything down, or be resistant, and I certainly do not wish to give the impression that I am not keen to ensure that we operate the highest possible standards. But we have to operate within realities and it is true that large installations in really difficult conditions such as the northern North Sea are likely to have larger requirements for generating capacity, which could cause them problems.

My final questions are: given that it is an EU regulation, is Norway applying the same conditions? Is there any question that UK installations would be at any cost disadvantage compared with Norway, or do we have an assurance that Norway is operating at least the same standards?