NATIONAL CONTINGENCY PLAN FOR MARINE POLLUTION FROM SHIPPING AND OFFSHORE INSTALLATIONS

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APPENDIX I

PROCEDURE FOR APPROVAL AND TESTING OF OIL TREATMENT PRODUCTS
Product approval and testing
I.1    Part II of FEPA and secondary legislation⁴⁴ prohibit the use in UK waters of oil treatment substances unless approved by the licensing authority (Defra, SEERAD or EHS as appropriate).

I.2    Defra acts on behalf of the other licensing authorities for the testing and approval of dispersants and other oil treatment products intended for use in UK waters. Products must pass tests for toxic effects on marine species using standard protocols developed by the Centre for Environment, Fisheries and Aquaculture Science, an executive agency of Defra.

I.3    These tests ensure that approved products are safe for use at sea and on the shoreline.  A product will pass the “Sea Test” if the relative toxicity of a mix of oil and dispersant product is no greater than the toxicity of the oil alone.  A product will pass the “Rocky Shore” test if the toxicity of the sample oil is greater than the toxicity of the dispersant.

I.4    Dispersant products must also pass the LR448 tests⁴⁵ for efficacy at the time of manufacture to standards set by the National Chemical Emergency Centre of  AEA Technology plc.

I.5    Periodic re-testing of stocks must take place.  If stocks remain sealed in the original packaging, this must take place after ten years to ensure that they remain effective.  For all other stocks, such as those poured into ships’ tanks, a re-test must take place after five years. Further efficacy tests must take place at five-year intervals.  A list of currently approved products is available via website :

http://www.defra.gov.uk/environment/water/marine/uk/oilspill/index.htm

Approval for Use
I.6    It is also a statutory requirement to obtain specific approval from the licensing authority for any use of oil treatment products in water depths of less than 20 metres, or within one nautical mile of any such area. If the use of such products is to take place in deeper waters, the licensing authorities wish to be consulted beforehand except under force majeure conditions (for example, if human life is at risk).

I.7    The licensing authorities will approve any appropriate use in shallow waters on a case by case basis after seeking advice from the statutory nature conservation agencies, fisheries scientists and, marine fisheries agency inspectors.  Advice from these organisations will also inform any response to consultations over dispersant use in deep water.

I.8    Some ports and oil companies have been issued with a “standing approval” to enable them to immediately use a limited amount of dispersant according to terms specified in the approval and the procedures described in their approved OPRC oil pollution contingency plan.  Any use not prescribed by the Standing Approval (such as using more dispersant than approved, using dispersants on types of oil specifically excluded from the standing approval, or using dispersants in a sea area not specified) requires approval by the licensing authority on a case by case basis.

I.9    FEPA covers the entirety of the sea, up to the tidal limits of mean high water spring tides, including estuaries and other tidal waters, tidal docks and structures covered by the tide, as well as beaches and rocky shores.

Further information
I.10    Further information is available in the following publications available on the Internet via web page:

http://www.defra.gov.uk/environment/water/marine/uk/oilspill/index.htm

• The Approval and Use of Oil Dispersants in the UK;
• Defra advice on dispersant use following oil spills at offshore installations;
• UK Approved Dispersants, and
• Contingency Planning for Marine Pollution Preparedness and Response – Guidelines for Ports (see MCA web)

I.11    Enquiries can be sent to :

Marine & Waterways Division
Department for Environment, Food and Rural Affairs
Area 2D
3-8 Whitehall Place
London
SW1A 2HH

Telephone: 0207 270 8642
E-mail: dispersants@defra.gsi.gov.uk

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