Chapter 19. The composition and use of dispersants and shoreline-cleaning agents to combat oil pollution

Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.

Adopted under section 4, first paragraph, a) and c), of the Act of 11 June 1976 No. 79 relating to the control of products and consumer services (Product Control Act), section 9, items 1. and 4., of the Act of 13 March 1981 No. 6 relating to protection against pollution and to waste (the Pollution Control Act), and section 70, second paragraph, of the Act of 15 June 2001 No. 79 relating to the protection of the environment in Svalbard (Svalbard Environmental Protection Act). Cf. EEA Agreement, Annex II, Chapter XIX, item 1 (Directive 98/34/EC).

Chapter 19 and appendices amended by the regulations of 5 February 2009 No. 186 (including implementing legislation).

Section 19-1. Purpose

The purpose of the provisions of this chapter is to reduce the environmental impact of acute oil pollution.

Section 19-2. Scope

The provisions of this chapter apply to the composition and use of chemical dispersants and shoreline-cleaning agents to combat acute oil pollution.

The provisions of this chapter also apply to Svalbard.

Section 19-3. Definitions

The term dispersant is understood to mean a liquid, chemical solution which, when applied to oil on the water surface, accelerates the break-up of oil slicks into small droplets of oil that disperse and are diluted and broken down in the water column.

The term shoreline-cleaning agent is understood to mean a product that enhances removal of oil from the substrate. Shoreline-cleaning agents may act by separating the oil from the substrate, by dispersing the oil in the water used during the cleaning process, or by promoting biodegradation (bioremediation).

Section 19-4. Permits to use dispersants and shoreline-cleaning agents

Any enterprise or entity that is required to have an emergency response system under sections 40 and section 43, first and second paragraphs, of the Pollution Control Act or section 70 of the Svalbard Environmental Protection Act, may use dispersants or shoreline-cleaning agents if this follows from its emergency response plan.

If the use of dispersants or shoreline-cleaning agents during oil pollution response operations does not follow from an emergency response plan such as is mentioned in the first paragraph, such use may only take place with a permit from the Norwegian Coastal Administration.

If an unacceptable level of risk to life or health arises in connection with oil pollution, dispersants and shoreline-cleaning agents may be used without a special permit. Any such use shall be reported to the Environment Agency as soon as possible after the event. Any such use in the waters around Svalbard shall also be reported to the Governor of Svalbard.

Any other use of dispersants or shoreline-cleaning agents requires a special permit from the Environment Agency.

Amended by the regulations of 21 June 2010 No. 1073.

Section 19-5. Requirements relating to dispersants and shoreline-cleaning agents

Any enterprise or entity that uses dispersants or shoreline-cleaning agents is responsible for ensuring that the products used have been tested for acute toxicity and effectiveness in accordance with Appendix 1.

The mechanisms of action of shoreline-cleaning agents shall be tested using suitable and relevant methods. If the mechanism of action is bioremediation, it shall be demonstrated by means of standardised tests that the product does not contain genetically modified or pathogenic organisms, or bacteria that are genetically resistant to antibiotics. The use of bioremediation agents is not permitted in Svalbard.

Dispersants with a median effective concentration, EC50 < 10 mg/l and shoreline-cleaning agents with EC50 < 100 mg/l shall not be used. Median effective concentration, EC50, means the concentration of a substance that produces a toxic effect after a specified period of time in 50% of the organisms tested under specified test conditions.

The most effective products shall be chosen in accordance with Appendix 2 or in line with recognised methods of testing effectiveness, if these exist.

Documentation shall be available showing the results of all tests that have been carried out.

Section 19-6. Requirements relating to the use of dispersants and shoreline-cleaning agents

Dispersants or shoreline-cleaning agents shall be chosen to combat acute oil pollution when this method will give less overall damage to the environment than any other method. Assessments of potential environmental damage shall be documented. If products containing oil-degrading microorganisms are to be used, potential environmental damage of such use shall be specifically documented.

Application equipment for dispersants or shoreline-cleaning agents shall have been tested in practical trials using the relevant products. The dosages used shall be those that give the best possible effect.

If the use of dispersants or shoreline-cleaning agents does not have the expected effect, it shall be stopped as quickly as possible.

Section 19-7. Amendments

The Environment Agency may make amendments to the appendices to this chapter.

Amended by the regulations of 21 June 2010 No. 1073.

Appendix 1: Acute toxicity and effectiveness – tests and requirements

All tests shall be carried out at laboratories that are accredited in accordance with NS-EN-ISO-17025 and NS-EN-ISO-9100 or that can document that they have systems for documentation, traceability and comparative testing corresponding to good laboratory practice (GLP) or the standards.

1. Acute toxicity

Both chemical dispersants and shoreline-cleaning agents in chemical solution shall be tested using planktonic algae in accordance with the procedure described in ISO/DIS 10253 (Skeletonema costatum).

2. Effectiveness

A. For enterprises that produce or process oil

Tests:

The IFP (Institut Français du Pétrole) test shall be used to compare relevant dispersants, as described in Bocard et el. (1984): Chemical oil dispersion in trials at sea and in laboratory tests; the key role of dilution processes. In: Oil Spill Chemical Dispersants: Research, Experience and Recommendations, STP 840, Tom E. Allen, Ed., American Society for Testing and Materials, Philadelphia, pp. 125-142, 1984.

For tests of the dispersibility of oil that has undergone varying degrees of weathering, the IFP test shall be used in combination with the MNS test (Mackay, Nadeau and Steelmann) as described in Mackay, D., Szeto, F. 1981: Effectiveness of oil spill dispersants – development of a laboratory method and results for selected commercial products. Institute of Environmental Studies, University of Toronto, Publ. no. EE-165.

The test procedures are described in Appendix 2.

B. For enterprises or entities that do not produce or process oil

Test:

The WSL (Warren Spring Laboratory) test shall be used as described in Martinelli, F.N., 1984: The status of the Warren Spring Laboratory's Rolling flask test. In: Oil Spill Chemical Dispersants: Research, Experience and Recommendations. STP 840. Tom E. Allen, Ed. American Society for Testing and Materials, Philadelphia, pp. 55-68, 1984.

The test procedures are described in Appendix 2.

The following applies to both 2A and 2B:

Test documentation for both types of test shall clearly indicate whether the dispersant or shoreline-cleaning agent has been tested for normal or low-salinity conditions. No lower limit for effectiveness has been set, as the effectiveness of a dispersant/ shoreline-cleaning agent will vary from one oil type to another.

Chapter 19 amended by the regulations of 5 February 2009 No. 186.

Appendix 2: Procedures for testing the effectiveness of dispersants/shoreline-cleaning agents

A. Enterprises that produce or process oil

In the case of enterprises that produce, process or store specified types of oil and that plan to use dispersants as part of their emergency response system, the effectiveness test shall be conducted using the same oil types. In the case of enterprises that handle so many types of oil that conducting effectiveness testing of all oil types will involve unreasonably high costs, a selection of the types of oil most likely to be treated by dispersion shall be tested. In order to optimise the enterprise's emergency response, suitable dispersants should be selected for screening tests on the basis of the type of oil handled by the enterprise and conditions at the site (temperature and salinity).

Test programme for product optimisation

Product optimisation consists of the following stages:

The products selected for screening tests should include products that have been documented as being highly effective in earlier studies. For oil types of similar categories to those previously studied, it should be sufficient to refer to earlier screening studies. The selected products are tested on a 200 °C/50% synthetically weathered emulsion1 of the oil in question, using the IFP test. A minimum of two parallel tests shall be conducted for each product, at a dispersant-to-oil ratio of 1:25.
FP tests of the three best products are carried out at different dispersant-to-oil ratios (for example 1:25, 1:50 and 1:100) on a 200 °C/50% emulsion of the oil in question. A minimum of two parallel tests shall be carried out.
he three best products are also tested at alternative temperatures and salinities if this is relevant. The IFP tests of these products are carried out on a 200 °C/50% emulsion of the oil. A minimum of two parallel tests shall be conducted for each product, at a dispersant-to-oil ratio of 1:25.
Final determination of the dispersant-to-oil ratio is oil-specific, and cannot be made until the oil type is known.

1 A 200 °C/50% emulsion means an oil that has undergone standardised weathering procedures so that all components with a boiling point of less than 200 °C have evaporated, and that is mixed with 50% seawater. This synthetically weathered oil sample/emulsion corresponds to the effects of 0.5 to 1 day's weathering at sea.

Test programme to determine the dispersibility of oil at different degrees of weathering

Two different test methods (IFP and MNS) shall be used to test the dispersibility of several different oil samples representing varying degrees of weathering.

B. Enterprises or entities that do not produce or process oil

Enterprises or entities that are required to have an emergency response system but cannot link this to one or more specific types of oil must be able to draw up emergency response plans including dispersants if they have carried out a standard test procedure.

The WSL test shall be used in the standard test procedure. The test procedure shall be conducted under the following conditions:

Test oil

Conditions
1. Sture Blend 200 °C/50% 10 °C, 3.5 % salinity
2. Medium Fuel Oil (2000 cP at 10 °C) 10 °C, 3.5 % salinity
3. Sture Blend 200 °C/50% 10 °C, 0.5 % salinity
4. IFO 180

10 °C, 3.5 % salinity

The first two tests shall be run for all the products . The third test need only be conducted if there are plans to use the product at low salinity. A dispersant-to-oil ratio of 1:25 shall be used in all the tests.

Chapter 19 amended by the regulations of 5 February 2009 No. 186.

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