vvEPA
    United States
    Environmental Protection
    Agency
INFORMATION SHEET
                                                                                 Final -January 2011
Regulating Petroleum Industry Wastewater Discharges in the United States and Norway
In the U.S. and Norway, government policies encourage the responsible development of domestic energy sources.
Petroleum exploration and development is closely regulated in each  nation to protect public health and the
environment. U.S. and Norway regulations strictly limit offshore petroleum industry discharges including drilling
fluids or muds,  drill cuttings, and produced water. This information sheet compares how the U.S. and Norway
manage wastewater discharges from petroleum exploration, development and production in coastal and offshore
waters.  Comparisons here are generally focused on each nation's current wastewater discharge regulations.
U.S. Regulations
In the U.S., the  Clean Water Act was enacted "to
restore and maintain the chemical,  physical, and
biological  integrity of the Nation's  waters."  The
Clean  Water Act  prohibits  the  discharge  of any
pollutant into U.S.  waters from petroleum activities
or other sources, unless the discharge complies with
specific requirements.
Section 402 of the Clean Water Act authorizes the
U.S.   Environmental  Protection  Agency  (EPA)  to
regulate  industry   discharges  through  National
Pollutant  Discharge  Elimination  System (NPDES)
permits.
NPDES permits must contain: numeric limits based
on the technology available to control  pollutants,
without reference  to the effect  on  the receiving
water;  and if needed,  more stringent  limits  to
control pollutants  to  meet  the  water  quality
standards of the receiving waters.
EPA's NPDES regulations for the petroleum industry
limit discharges  into  marine  waters, with different
restrictions  for  "coastal"  and  "offshore" waters.
Coastal waters are  landward  of the inner boundary
of the  U.S. territorial seas.  Offshore  waters are
seaward of the inner  boundary of the U.S. territorial
seas.  Coastal discharge requirements are generally
more stringent than offshore requirements.
Section 403 of the Clean  Water Act requires that
NPDES permits in offshore waters comply with EPA's
Ocean Discharge  Criteria guidelines. EPA will issue  an
NPDES permit only if the  Ocean Discharge Criteria
Evaluation  finds  that the  discharge  will not cause
unreasonable    degradation   of   the    marine
environment.
                            Norway Regulations
                            In  Norway, the  Pollution  Control Act  regulations
                            require petroleum activities to be carried out with
                            the least  possible  risk of  pollution. The  Norway
                            Climate  and Pollution  Agency regulates petroleum
                            industry use of drilling fluids  and muds, produced
                            water, and chemicals, with water discharge permits.
                            To  further protect  marine  waters,  Norway first
                            introduced  a  "zero  discharge" goal  for petroleum
                            activities (White Paper  58, 1996-1997). This goal was
                            later  refined  to   mean   zero   discharge   of
                            environmentally hazardous  substances,  using Best
                            Available   Techniques,   and    following   the
                            precautionary   principle   (White   Paper    25,
                            2002/2003).
                            An  advisory   cooperative  group   composed   of
                            government and industry representatives developed
                            a  common  definition  that  identified  relevant
                            technologies to achieve zero discharge, and created
                            a  standard manner to report  discharges.   This
                            advisory group found that a literal interpretation of
                            the zero  discharge  goal  was   not  economically
                            feasible or environmentally beneficial.
                            Norway   defines  zero  environmentally   harmful
                            discharges as:

                            • Zero   discharge  of  all  added  environmentally
                              hazardous chemicals classified as "red" or "black"
                              in the national classification system1;
                            • Zero harmful discharges from natural compounds
                              and chemicals classified as "yellow" or "green".
                            Norway established stricter requirements for drilling
                            operations and produced water in areas north  of the
                            68th parallel in the  Barents Sea  and Lofoten area
                            (White Paper 38, 2003-2004).
This document is for informational purposes only. For U.S. oil and gas regulations see 40 CFR Part 435.

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Discharge Restrictions - More Information

U.S. Toxicity Testing Requirements
Coastal
Drilling  fluids,  drill  cuttings,  and  dewatering
effluent  are prohibited  from  discharge  in  all
coastal areas, except Cook Inlet. In Cook Inlet,
discharges of water-based drilling  fluids, drill
cuttings, and dewatering effluent are limited to
concentrations  that pass a  toxicity  test2  on
aquatic organisms.

No discharge is allowed for non-aqueous (oil-
based) drilling fluids, dewatering  effluent, and
drill  cuttings  associated  with  non-aqueous
drilling fluids.

Offshore
For facilities located within 3 miles from shore,
except  Alaskan  facilities,  the discharge  of
drilling fluids and drill cuttings are prohibited by
the  Best Available Technology  economically
achievable  and   New   Source  Performance
Standards.

For facilities located beyond 3 miles from shore,
and  all  Alaskan facilities, water-based drilling
fluids and drill cuttings,  as well as drill cuttings
associated with non-aqueous drilling fluids, are
limited  to concentrations that pass  an  acute
toxicity  test2  on  aquatic   organisms.  The
discharge of non-aqueous (oil based) drilling
fluids is prohibited.
Norway Chemical Testing Requirements
Norway chemical approval regulations1 focus on
long-term effects of specific components, while
U.S. requirements focus on the acute toxicity of
drilling fluids.

U.S. Ocean Discharge Criteria Evaluation
Section 403 of the Clean Water Act  requires an
Ocean  Discharge Criteria Evaluation on  NPDES
permits for discharges into the territorial sea,
contiguous  zone,  and  oceans  to  prevent
unreasonable degradation of ocean waters.
In EPA's Ocean Discharge Criteria  Evaluation,
unreasonable degradation is defined as:
  •  Significant  adverse  changes in ecosystem
    diversity, productivity, and stability of the
    biological  community within the  area of
    discharge   and   surrounding   biological
    communities; or
  •  Threat to  human  health  through  direct
    exposure to pollutants or consumption of
    exposed aquatic organisms; or
  •  Loss of aesthetic,  recreational,  scientific, or
    economic  values, which  are unreasonable
    in relation to the benefit derived from the
    discharge.
EPA will issue an NPDES permit only  if the
Ocean  Discharge  Criteria  Evaluation finds that
the  discharge  will  not  cause unreasonable
degradation of the marine environment (40 CFR
Part 125 subpart M).

U.S. and Norway Comparison Summary
Direct  comparisons  of  the  U.S.  and  Norway
offshore discharge regulations are  difficult and
complex.    Both  nations have  robust  and
thorough   regulatory  regimes  that  aim  to
balance    environmental   protection    with
economic    considerations    in    developing
domestic energy.  U.S. and Norway regulations
continue to be refined based  on environmental
concerns,   economics,   and   innovations  in
science  and technology.
Norway's "zero discharge" goal is not a numeric
standard or a  discharge level, but is instead a
goal based on the precautionary principle and
available technology.  This is comparable to the
U.S. goal to prevent  unreasonable degradation
of ocean waters.
In the  U.S., oil and  gas  NPDES permits limit
discharges using  both  technology  and  water
quality-based  controls.   NPDES permits  must
meet the  requirements in the code of  federal
regulations (40 CFR Part 435).  In  addition, all
permits for discharges  in the territorial  sea,
contiguous zone, and  oceans  must  comply with
the       Ocean      Discharge       Criteria.
This document is for informational purposes only.  For U.S. oil and gas regulations see 40 CFR Part 435.

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      Comparison of U.S. and Norway Regulations for Petroleum Industry Wastewater Discharges
        Discharge Type
                   U.S.
                Norway
Water-based drilling fluids and
associated drill cuttings

Drilling fluids are used in the rotary
drilling of wells to clean and condition
the hole, to counter balance formation
pressure, and transport drill cuttings to
the surface.

Drilling muds are a type of drilling fluid
made of bentonite and other clays or
polymers, and barite, mixed with oil or
water. Muds help carry the other
components in drillingfluids down the
drill pipe and bring cuttings back up the
well.
Discharge of muds and cuttings allowed from
entire well, subject to requirements below.

Toxicity test requirements: Acute Suspended
Particulate Phase toxicity tests2.
Coastal - No discharge allowed, except Cook
Inlet. In Cook Inlet, discharges require
offshore effluent limits and acute toxicity
tests2.
Offshore - No discharge within 3 miles from
shore,  except in Alaska.

Discharges beyond 3 miles from shore and
Alaskan facilities within 3 miles from shore
require numeric effluent limits, toxicity
tests2.  No free oil or diesel oil discharge,
determined by Static Sheen Test.
Mercury Img/kg, cadmium 3mg/kg dry
weight maximum in stock barite.

Alaska  Water Quality Standards5 - Mercury
1.8ng/L acute, 0.94ng/L chronic, 0.051ng/L
human health; cadmium 40ng/L acute,
8.8ng/L chronic; total aromatic hydrocarbons
10ng/L, total aqueous hydrocarbons 15|ag/L
Toxicity, biodegradation, bioaccumulation
test requirements: For all components in
chemicals used offshore except "green"
chemicals list .
South of the 68th Parallel - Discharge of
muds and cuttings allowed from the entire
well. Some limitations, e.g., no discharge of
solids containing >1% oil, by weight.
Discharge permit for the chemicals in the
drilling fluid is required.  Only "green" and
"yellow" chemicals allowed.
No toxicity testing of used drilling fluids.

Heavy metals in barite as low as possible.

North of the 68th Parallel - Same
requirements as south of 68th parallel.
In addition, discharge of muds and  cuttings
allowed from only the "top  hole"4 section
of the well, if the discharge  would not
cause significant environmental impacts.

All other cuttings or fluids must be  re-
injected or barged to shore.
Non-aqueous (oil-based) drilling
fluids
Discharge not allowed.
Discharge not allowed. Permit required for
use of the chemicals in the drilling fluid.
Drill cuttings associated with
non-aqueous (oil-based) drilling
fluids

Drill cuttings are the particles generated
by drilling into subsurface geologic
formations and carried to the surface
with the drilling fluids and muds.
Coastal - No discharge allowed, except Cook
Inlet. In Cook Inlet, if operators cannot
comply due to technical limitations,
discharges must meet offshore requirements
and limits (see below).

Offshore-Cuttings discharge must meet
water-based drilling fluids and cuttings limits.
Specific stock limitations and base fluid
requirements apply .
Toxicity, biodegradation, bioaccumulation
test requirements: For all components in
chemicals used offshore except "green"
chemicals list3.

South of the 68th Parallel - Oil-based and
synthetic-based cuttings restriction: no
discharge if base oil content is >1%.
North of the 68th Parallel - No discharge
allowed.
Produced Water
(Development & Production Only)

Beneath oil and gas reservoirs is a
natural water layer called formation
water. During production operations, sea
water is injected into the reservoirs to
help force the oil to the surface.
Produced water contains formation and
injected water, oil, gas, and any
chemicals added during the oil/water
separation process. At the surface,
produced water is treated to remove as
much oil as possible, and then	
Coastal - No discharge allowed, except Cook
Inlet. In Cook Inlet, discharges require oil and
grease limits: 42mg/L maximum daily;
29mg/L monthly average.

Offshore - Discharge allowed if oil and grease
limits are achieved: 42mg/L maximum daily;
29mg/L monthly average.
Re-injection not required.
Toxicity, biodegradation, bioaccumulation
test requirements: For all components in
chemicals used offshore except "green"
chemicals list3.

South of the 68th Parallel - Discharge of
"green" and "yellow" chemicals allowed.
Oil in water < 30mg/L monthly average.
Document zero harm (e.g., discharges of oil
in water are well below 30mg/L)
North of the 68th Parallel - Produced water
     This document is for informational purposes only. For U.S. oil and gas regulations see 40 CFR Part 435.

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       Discharge Type
                  U.S.
                Norway
discharged into the sea or injected back
into the wells.
                                           discharges not allowed, except during
                                           operational deviations (maximum 5%
                                           produced water can be discharged).
Sanitary and Domestic Wastes
(including Food Waste)
Coastal and Offshore - For facilities
continuously manned by 10 people or more
(M10): minimum Img/L residual chlorine. For
facilities continuously manned by 9 people or
less or intermittently manned (M9IM): no
discharge of floating solids.
Alaska Water Quality Standard5 - Total
residual chlorine 13u.g/L acute, 7.5ug/L
chronic; fecal coliform bacteria 14 FC/lOOmL
acute, 43 FC/lOOmL chronic.
South and North of the 68th Parallel -
Discharge allowed.
Discharge of food waste allowed after
grinding.
Cooling Water
No federal standard for temperature.
Alaska Water Quality Standard5 - Not to
exceed 15°C or cause the weekly average to
increase by more than  1°C.
South and North of the 68  Parallel -
Discharge allowed for exploration.
Temperature increase assessment required
for development and production (must
achieve ambient temperature 100m from
platform).
Deck Drainage
(including Detergents)
Coastal and Offshore - No discharge of free
oil, determined by presence of film, sheen or
discoloration on surface of receiving water
(visual sheen). Deck drainage contaminated
with oil and grease must be processed
through oil/water separator prior to
discharge.
Alaska Water Quality Standards5 - total
aromatic hydrocarbons 10u.g/L, total
aqueous hydrocarbons 15u.g/L
Toxicity, biodegradation, bioaccumulation
testing requirements: For all components in
chemicals used offshore except "green"
chemicals list3.
South and North of the 68th Parallel -
Discharge of "green" and "yellow" products
allowed. Deck drainage contaminated with
oil and grease must be processed through
oil/water separator prior to discharge. Oil
in water < 30mg/L monthly average.
Bilge Water
Coastal and Offshore - No discharge of free
oil, determined by presence of film, sheen or
discoloration on surface of receiving water
(visual sheen).
Bilge water must be processed with oil/water
separator prior to discharge.
South and North of the 68  Parallel - Bilge
water must be processed with oil/water
separator prior to discharge. Oil in water <
30mg/L monthly average.
Blowout Preventer Fluids
Hydraulic Fluids
Well Treatment, Completion,
and Workover Fluids
Coastal - No discharge allowed, except Cook
Inlet. In Cook Inlet, discharges require oil and
grease limits: 42mg/L maximum daily;
29mg/L monthly average.
Offshore - Discharge allowed. Oil and grease
limits: 42mg/L maximum daily; 29mg/L
monthly average.
Alaska Water Quality Standards5 - total
aromatic hydrocarbons 10u.g/L, total
aqueous hydrocarbons 15u.g/L
Toxicity, biodegradation, bioaccumulation
test requirements: For all components in
chemicals used offshore except "green"
chemicals list3.
                                                                                                  ,th
                                                                           South and North of the 68  Parallel -
                                                                           Discharge of limited volumes of "green"
                                                                           and "yellow" products allowed.
     This document is for informational purposes only. For U.S. oil and gas regulations see 40 CFR Part 435.

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References
1 Norway follows the Oslo-Paris Convention of
the  Marine  Environment  of  the  North-East
Atlantic  (OSPAR) offshore  screening  chemical
guidelines. This means that the components in
the chemicals are tested for toxicity (on algae,
shrimp, and juvenile fish),  biodegradation and
bioaccumulation.
Based   on  this  testing,   Norway  requires
operators on the Norwegian  Continental Shelf
to classify chemicals used offshore  as "green",
"yellow", "red", or "black."
Norway  requires zero discharge of all added
environmentally hazardous chemicals  classified
as "red" or "black".  However, "red" chemicals
may be discharged if an operator demonstrates
no  other options are  available and an active
search  is  underway  for  a   replacement  or
substitution.
This classification system is a risk  assessment
approach to  help  operators  determine  the
chemicals and additives they are allowed to use
offshore, based on ecotoxicological  data in the
OSPAR    Harmonised    Offshore    Chemical
Notification  Format  and hazardous chemicals
on the priority list as outlined in White Papers
58 and 25.
2 Suspended Particulate Phase (SPP) toxicity test
is  an  acute   toxicity  measurement  used  to
determine  levels of  pollutant  concentrations
which can kill a certain percentage of organisms
exposed to the suspended particulate phase of
the drilling fluids and cuttings.
The   toxicity   limit   is  expressed   as   a
concentration of the  SPP from a  sample  of
drilling  fluid  that would kill  50%  of marine
organisms exposed to that concentration of the
SPP, i.e., the lethal concentration,  or LC50, of
the discharge.
Discharges  of water-based drilling  fluids and
cuttings  in  offshore  waters  and   Alaskan
facilities,  or   cuttings  associated  with   non-
aqueous drilling fluids, must meet a minimum
toxicity requirement: 96-hour  LC50  of the SPP
toxicity test must be 3% by volume (>30,000
parts per million).

E.g., a discharge at  a concentration of 3% or
more should  kill  no more than half  a test
population of marine organisms continuously
exposed 96 hours.

3  Chemicals on Norway's "green" list are those
that Pose Little  or No Risk ("PLONOR") to the
marine  environment, based on the Convention
for the Protection of the Marine Environment of
the North-East Atlantic.

4  "Top  Hole"  is typically defined as the well
sections drilled before a  conductor and riser are
installed.  The depth  of the top hole varies with
the total depth of the well and the integrity of
the formations.  In  Norway,  most  top holes
range from 100-700m deep.

5  Alaska Water Quality  Standards  (18 Alaska
Administrative  Code 70) apply to  discharges
within State waters.

6  Stock limitations (C16-C18 internal olefin, C12-
C14 ester or C8 ester): Mercury Img/kg and
cadmium 3mg/kg dry weight maximum in stock
barite; Polycyclic Aromatic Hydrocarbons (PAH)
< IxlO"5; Base fluid sediment toxicity ratio < 1.0;
Biodegradation rate ratio < 1.0; acute toxicity
tests; drilling fluid sediment toxicity ratio < 1.0;
no discharge of diesel or formation oil.

Base fluid  retained on cuttings  (C16-C18
internal olefin): 6.9g base fluid/lOOg wet drill
cuttings. Base fluid (C12-C14 ester or C8 ester
stock): 9.4g base fluid/lOOg wet drill cuttings.

For More Information

U.S.  oil  and gas extraction discharge limits are
found in the Code of Federal Regulations, Title
40, Part 435 at:
http://www.gpoaccess.gov/cfr/index.html

EPA  permits  for  oil  and   gas  wastewater
discharges in Alaska are found at:
http://yosemite.epa.gov/rlO/water.nsf/NPDES+Per
mits/CurrentAK822

Norway petroleum regulations  are found at:
http://www.ptil.no/regulations/category87.html
This document is for informational purposes only. For U.S. oil and gas regulations see 40 CFR Part 435.

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