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Measures for the Implementation of the Regulations on Environmental Protection and Management of Offshore Oil Exploration and Development of the People's Republic of China (September 20, 1990* * Released by the Oceanic Administration) Article 1 According to the "Marine Environmental Protection of the People's Republic of China" * * "Article 47 stipulates that these implementation measures are formulated for the purpose of implementing the "Regulations of the People's Republic of China on the Management of Environmental Protection for Offshore Oil Exploration and Development" (hereinafter referred to as the "Regulations"). Article 2 These Measures apply to any legal person, natural person and other economic entity engaged in oil exploration and development in the inland sea, territorial sea and other jurisdictional waters of the People's Republic of China. Article 3 * * The Oceanic Administration and its dispatched agencies are the competent authorities for the implementation of these Measures. The dispatched agencies include: The branch and its affiliated marine administrative areas (hereinafter referred to as the maritime area competent authorities). The Marine Monitoring Station implements management according to the authorization of the Marine Management District. The marine management agencies of coastal provinces, autonomous regions, and municipalities directly under the Central Government are the local management agencies authorized by the competent authorities to implement these Measures. Article 4 Anyone engaged in offshore oil exploration and development in waters under China's jurisdiction shall report the location and scope of offshore oil exploration and development to the competent authorities of the sea area before carrying out operations. And in accordance with the contents and requirements of the "Offshore Oil Exploration and Development Environmental Protection Report Form", relevant situations will be reported to the competent authorities of the sea area. Article 5 needs to be used * * When conducting offshore oil seismic exploration operations using seismic sources and other methods that are harmful to fishery resources, the plan and operating area should be reported to the competent authorities of the sea area half a month before starting the operation, and effective technical measures should be adopted to minimize damage or impact on resources. Article 6 Those engaged in offshore oil development shall, while preparing the overall development plan for oil (gas) fields, prepare a marine environmental impact report in accordance with the content stipulated in Article 5 of the Regulations, and submit the approved environmental impact report to the competent authority of the sea area where they are located. For oil (gas) fields in production (including trial production), operators should timely supplement and improve the environmental impact report based on changes in production scale and environmental quality conditions, and submit it to the competent authority for review. Article 7 The unit responsible for environmental impact assessment must have the ability to engage in marine environmental impact assessment and hold a Class A environmental impact assessment certificate. Article 8 The anti-pollution equipment of fixed and mobile platforms operating in waters under China’s jurisdiction must meet the requirements stipulated in Article 7 of the Regulations and must be verified by the competent authority before they can operate. Article 9 In order to prevent and control oil spill pollution and reduce pollution damage, operators engaged in offshore oil exploration and development shall formulate oil spill emergency plans based on the scale of oil field development and the natural environment and resource conditions of the operating sea area. Article 10 The oil spill emergency plan includes the following contents:: 1. Platform operation conditions and sea environment and resource conditions ； 2. Oil spill risk analysis ； 3. Oil spill emergency response capabilities. Article 11 Operators shall submit the oil spill emergency plan to the competent authority of the sea area for review before operation. If the competent authorities in the sea area have objections to the oil spill emergency plan, they can order the operator to re-formulate, modify or supplement it. Article 12 Operators should configure various emergency equipment according to the oil field development scale, risk analysis, etc., so that they have the ability to handle oil spill accidents commensurate with the oil field development scale. Article 13 The discharge of oily sewage from fixed and mobile platforms and other offshore facilities must comply with the relevant regulations promulgated by the People’s Republic of China. * * standard. 1. The discharge of oily sewage from engine rooms, engine rooms and decks shall comply with * * "Ship Pollutant Emission Standards (GB 3552──83)". 2. Wastewater discharge from oil production industry should comply with * * "Oily Wastewater Discharge Standard for Offshore Petroleum Development Industry (GB 4914──85)". 3. Oily sewage must not be diluted or added with dispersants for pretreatment before discharge. 4. When sewage from the oil production industry is discharged, samples should be taken for testing in accordance with the requirements of the "Analysis Methods for Oily Wastewater from the Offshore Petroleum Development Industry" and the results should be recorded in the "Anti-pollution Record Book". Testing and analysis instruments must be official products that have passed inspection. Article 14 Before oil testing during drilling operations, the operator shall notify the competent authority of the sea area. During oil testing, operators should take effective measures to prevent oil from causing pollution. Article 15 When using water-based mud, the addition of oil to the water-based mud should be avoided or reduced as much as possible. If oil must be added, the type and quantity of oil should be recorded in the "Anti-pollution Record Book" ； Before discharging oily water-based mud, the competent authority of the sea area should be notified and samples of oily water-based mud should be submitted. ； Water-based mud with an oil content exceeding 10% by weight is prohibited from being discharged into the sea. Water-based mud with an oil content of less than 10% (by weight), which is difficult to recover, can be discharged into the sea with the approval of the competent department of the sea area, but a sewage discharge fee must be paid. Dispersants must not be added to oil-containing water-based mud before discharge. When oil-based mud needs to be used, low-toxic oil-based mud should be used ； Take effective technical measures to fully separate drilling cuttings and mud ； Oil-based mud must be recycled and not discharged into the sea ； When the oil content in drill cuttings exceeds 15% by weight, it is prohibited to discharge it into the sea. Drilling cuttings with an oil content of less than 15% (by weight) that are difficult to recover can be discharged into the sea with the approval of the competent authorities of the sea area, but a sewage discharge fee must be paid. The competent authorities in the sea area may require operators to provide drilling mud and drill cuttings samples. Operators should record the oil content, discharge time, discharge volume, etc. of drilling mud and drilling cuttings in the "Anti-pollution Record Book". Article 16 All plastic products (including but not limited to synthetic cables, synthetic fishing nets, plastic bags, etc.) and other wastes (including residual oil, waste oil, oily garbage and residual liquid residues, etc.) are prohibited from being discharged or discarded into the sea. They should be stored in special containers and transported back to land for processing. ； Toxic chemicals must not be burned on platforms and other offshore installations. When burning paper products, cotton and linen fabrics, and wooden packaging materials on the platform, it shall not cause pollution to the marine environment. Food waste discarded within 12 nautical miles from the nearest land should have a particle size of less than 25 mm ； Feces discharged in this sea area must be disinfected and crushed. Article 17 Operators should take effective measures in important production and oil transportation links and strictly abide by operating procedures to avoid oil spill accidents. All types of oil storage facilities and oil pipelines should meet anti-seepage, anti-leakage and anti-corrosion requirements. Article 18 When an oil spill occurs, operators should take measures as soon as possible to cut off the source of the spill and prevent or control the expansion of the oil spill. Article 19 If any oil spill occurs, the operator must report it to the competent authority of the sea area. The main contents of the report include: Time, location and cause of the accident ； Nature, state and quantity of oil spill ； Responsible person ； sea conditions at that time ； measures taken ； Process the results. At the same time, it should be recorded in the "Anti-Pollution Record Book" and reported to the competent authorities of the sea area on a quarterly basis using the quarterly report C "Offshore Oil Pollution Accident Report Form". Article 20 When the following two oil spill accidents occur, the operator shall report to the competent authority of the sea area within 24 hours. 1. The platform is within 20 nautical miles from the coast and the amount of oil spilled exceeds one ton. ； 2. The platform is within 20 nautical miles from the coast and the oil spill exceeds 10 tons. When the following two oil spill accidents occur, operators should report to the competent authorities of the sea area within 48 hours. 1. The platform is within 20 nautical miles from the coast and the amount of oil spilled does not exceed 1 ton. ； 2. The platform is located more than 20 nautical miles away from the coast and the amount of oil spilled does not exceed 10 tons. Article 21 Oil spills on the sea surface should first be returned to the center using machinery. The use of dispersants should be strictly controlled and the "Regulations on the Use of Chemical Dispersants in Offshore Oil Exploration and Development" should be followed. Article 22 After the completion of exploration and oil production operations, platform drilling tools, derricks, well piles and other facilities shall not be discarded arbitrarily ； Platforms, derricks, shafts and other platform-related facilities that need to be abandoned at sea shall be subject to the regulations on ocean dumping management. Article 23 All platforms and facilities that carry out offshore oil exploration, development and production operations must prepare an "Anti-pollution Record Book" and a "Quarterly Anti-pollution Report", fill them out as required, and report them to the competent authorities of the sea area on time. If the platform has been operating for less than one quarter and will no longer operate within this quarter, the operator shall report to the competent authority of the sea area within 15 days after the completion of the platform operation. Article 24 For operators who discharge pollutants in excess of the standards, the competent authorities of the sea area may order them to pay pollutant discharge fees. Due to equipment and technical reasons, if the standards are not met for a long time, they should be treated within a time limit, and excessive sewage discharge fees will be charged during the treatment period. Article 25 Anyone who violates the Marine Environmental Protection Law of the People's Republic of China * * ", "Regulations" and these Measures, according to Articles 27 and 28 of the "Regulations", the competent authorities of the sea area have the right to give warnings or fines to the perpetrators according to the seriousness of the case and the degree of harmful impact on the marine environment. 1. Those who fail to prepare a marine environmental impact report in accordance with Article 4 of the Regulations and cause marine environmental pollution damage will be fined between RMB 10,000 and RMB 100,000. 2. For the following illegal acts committed by operators, the fine amount shall be RMB 5,000 to RMB 10,000.: 1. Failure to formulate or modify an oil spill emergency plan in accordance with regulations and the requirements of the competent maritime authorities ； 2. Failure to equip anti-pollution facilities as stipulated in Article 7 of the Regulations or the facilities are unqualified ； 3. Failure to dispose of waste and oily sewage in accordance with Articles 13, 15 and 16 of these Measures. 3. For the following illegal acts committed by operators, the fine amount shall be RMB 1,000 to RMB 5,000.: 1. Failure to report oil spill accidents to the competent authorities of the sea area in accordance with Articles 19 and 20 of these Measures ； 2. Failure to use chemical dispersants as required. 4. For the following illegal acts committed by operators, the fine amount shall be less than RMB 1,000 yuan.: 1. Not equipped with "anti-pollution record book" as required” ； 2. Alteration or forgery of the “anti-pollution record book” or irregular recording ； 3. Failure to report or notify relevant situations as required ； 4. Failure to submit quarterly anti-pollution reports as required or forging quarterly anti-pollution reports ； 5. Failure to submit samples to the competent authorities of the sea area in accordance with Article 15 of these Measures ； 6. Refuse to provide the “anti-pollution record book” or truthfully state the relevant situation to public officials performing inspection tasks ； 7. Obstruct or hinder public officials from performing their official duties. Article 26 If the party concerned is dissatisfied with the penalty decision, he may apply for reconsideration to the authority above the authority that made the penalty decision within 15 days from the date of receipt of the penalty notice. ； If you are dissatisfied with the reconsideration decision, you may file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision. The parties may also file a lawsuit directly with the People's Court within 15 days from the date of receiving the penalty notice. If the party concerned fails to apply for reconsideration within the time limit, does not file a lawsuit with the People's Court, and fails to implement the penalty decision, the authority that made the penalty decision shall apply to the People's Court for enforcement. Article 27 Anyone who violates the Regulations and these Measures and causes heavy losses to public or private property or casualties will be held criminally responsible by the judicial authorities in accordance with the law. Article 28 Liability for compensation includes: 1. Damage to sea water quality, biological resources, etc. due to marine environmental pollution damage caused by the operator's actions, resulting in costs paid by the injured party to clean up and control the pollution. ； 2. The amount of loss of economic income of the injured party caused by the marine environment pollution damage caused by the operator's behavior, the cost of repair and renewal of the damaged production tools, and the expenses of the corresponding preventive measures taken by the injured party to prevent pollution damage. ； 3. Investigation costs for handling pollution damage incidents caused by offshore oil exploration and development. Article 29 Units and individuals who have suffered pollution damage from offshore oil exploration and development and require compensation may submit a pollution damage claim report to the competent authority of the sea area in accordance with the provisions of Article 22 of the Regulations. ； Units and individuals participating in pollution cleanup operations may submit a report on requesting cleanup costs to the competent authorities of the sea area in accordance with the provisions of Article 23 of the Regulations. The competent authorities in the sea area may mediate disputes over liability for compensation and the amount of compensation at the request of the parties concerned. If the parties concerned are dissatisfied with the mediation process, they may file a lawsuit in the People's Court. The parties may also file a lawsuit directly with the People's Court. Foreign-related cases can also be resolved according to arbitration procedures. Article 30 The statute of limitations for claiming compensation is three years, starting from the date the injured party knew or should have known about the oil pollution damage. After the settlement of the compensation dispute, the injured party shall not make another claim for compensation for the same pollution accident. Article 31 If due to an act of war, an irresistible natural disaster or entirely due to the intention or negligence of a third party, although reasonable measures are taken in a timely manner, pollution damage to the marine environment cannot be avoided, the operator who caused the accident may be exempted from liability. If pollution damage is caused due to the responsibility of a third party, the third party shall bear the liability for compensation. Operators who request to be exempted from liability for compensation shall submit a report to the competent authority in accordance with Article 24 of the Regulations. The competent authority of the sea area may make a decision to exempt the liability from liability after investigating the conditions for exemption from liability. Article 32: All units and individuals that have made achievements in preventing marine pollution and protecting the marine environment during offshore oil exploration and development shall be commended and rewarded by the competent authorities of the sea area. Article 33 In these Measures, the meanings of the following terms are:: 1. “Oil” refers to any type of oil and its refined products. 2. "Inland sea" refers to all sea areas inside the territorial sea baseline, including: (1) Bays, straits, harbors, estuaries ； (2) The sea area between the territorial sea baseline and the coast ； (3) Sea areas surrounded by land or connected to the ocean through narrow waterways. 3. “Emergency capabilities” refer to oil spill emergency technical equipment, communication capabilities, emergency response organization and responsibilities, implementation plans, sea surface oil spill cleanup methods, personnel training, etc. 4. "Oil spill accident" refers to the leakage of crude oil and its refined products under abnormal operating conditions. Oil spill accidents are divided into three categories: large, medium and small according to the amount of oil spilled. Those with an oil spill volume of less than 10 tons are classified as small oil spills. ； An oil spill with an oil spill volume of 10 to 100 tons is a medium-sized oil spill accident. ； Large oil spill accidents are those with an oil spill volume greater than 100 tons. Article 34 These Measures are governed by * * The Ocean Administration is responsible for the explanation. Article 35 These Measures shall take effect from the date of promulgation. Note: Before the "Analysis Methods for Oily Wastewater from Offshore Petroleum Development Industry" stipulated in Article 13 of these Measures is promulgated, the "Methods for Monitoring and Analysis of Oily Wastewater Quality from the Petroleum Industry" will be implemented temporarily. The "Regulations on the Use of Chemical Dispersants in Offshore Oil Exploration and Development" shall be formulated separately by the competent authorities. This post was last edited by Desert Lone Star on 2009-3-4 19:14 ]