1. Can I use freshwater testing to determine biodegradability?

In Norway, marine degradation data is preferably required from OECD 306. If the test described in OECD 306 cannot be used for the particular substance, modified BODIS (modified ISO 10708) may be used instead.

For substances that are toxic to microorganisms (e.g. biocides), you can contact the Norwegian Environment Agency for an approval to use alternative testing methods for biodegradation. We only approve standardized methods.

If a freshwater biodegradation test is used, the results must be corrected by a factor of 0.7. See also section 62 of the Activities Regulations, with guidance, at www.ptil.no.

2. Can I use freshwater testing to determine toxicity?

If marine tests are not available, other relevant toxicity tests, including freshwater tests can be used, if the tests are performed according to standardized methods.

See also section 62 of the Activities Regulations, with guidance, at www.ptil.no.

3. My substance is very similar to a substance on the PLONOR list, would the Environmental Agency then accept it as a green category chemical?

No. Only substances listed on the PLONOR list, substance in REACH Annex IV and certain substances in REACH Appendix V, are given a green category. We have no list of "PLONOR-like" substances.

See also section 63 of the Activities Regulations, with guidance, at www.ptil.no.

4. Can I use data from ECHA's website when I populate the HOCNF?

The information contained on the ECHA website is not quality assured by ECHA. Many registrations also have inadequate data in relation to REACH requirements. Information at ECHA can give an indication, but is not always accurate.

Use of REACH data for HOCNF purposes requires consent from data owner or substance information exchange forum (SIEF), either by purchasing the rights to the test report or other document approval. The Environment Agency will therefore not accept data obtained from ECHA's website.

5. How can a substance be included in the PLONOR list?

The PLONOR list (OSPAR Agreement 2013-06) is adopted by the OSPAR Commission, not by the Environmental Agency. Admission of new substances to the PLONOR list is adopted at the OIC meeting in early March each year.

If you want a substance on the PLONOR list, you must propose the substance as a candidate for the Environmental Agency and provide documentation that it meets the PLONOR requirements. We will, if we think the substance is a good candidate, take the proposal to the OSPAR commission for consideration.

Documentation of the substance will be sent to the other countries 20 weeks before the next OIC meeting, and the case is presented at the OIC meeting. Proposals are thoroughly reviewed and examined, as OSPAR/OIC does not have a stated goal to expand the list.

6. There is already data for a substance that is very similar to my substance. Can I use this data?

No, you must provide data specifically for your substance.

7. There is already data for my substance in the literature. Can I use this data?

You can use generally available test data. However, data must apply to your substance, indicated by CAS or EC number. In addition the literature data must meet the requirements of Section 62 of the Activities Regulations. For example, the test must have been carried out at a laboratory approved according to the OECD Principles of Good Laboratory Practice (GLP).

8. Are biocides permitted?

Biocides that are used for offshore are regulated by the Norwegian Biocides Regulation, which implements the European biocide regulations in Norway. A biocide must be approved for specific area of use and the biocide/product must comply with the requirement for its use/category for use.

In addition, the operator must apply for permit to use the biocide/product for a given activity, cf. the Pollution Control Act, and meet the requirements for chemicals in the activities regulations for petroleum industry on the Norwegian Continental Shelf.

9. Do I have to test/categorize hydraulic fluids used in closed systems?

There is no requirement for testing, documentation or categorization of chemicals in closed systems, including hydraulic fluids, if the consumption is below 3000 kg per facility per year. If consumption exceeds 3000 kg per facility per year, the activites regulation requires testing, documentation and categorisation of the individual substances in the product. Consumption means first filling of the system, replacement and any other use of the chemical.

Additive packages in chemicals in closed systems with a consumption of more than 3000 kg per year, are exempted from testing requirements. However, the base oils must be tested. Additive packages that have not been tested are in black category and must be prioritized for substitution. To get the additive package categorised in another category, you must submit test results to document the environmental properties of the individual substances in the additive package.

Consumption per facility per year is used in this context per fixed or removable facility, including associated subsea installations. Mobile rigs are also included in the requirement. See also section 62 and 63 of the Activities Regulations, with guidance, at ptil.no.

10. I plan to use / discharge very small amounts of a substance. Does the substance still need to be tested for ecotoxicological properties and environmentally categorized?

Yes. Chemicals used or discharged from the petroleum industry on the continental shelf must be tested for inherent ecotoxicological properties and subsequently categorized, irrespective of the quantities involved.

However, there are still exceptions to the requirements for ecotoxicological testing, documentation and categorization, and these are outlined in sections 62 and 63 of the Activities Regulations.

11. How do I register my chemical?

In Norway, the authority does not approve offshore chemicals. The Norwegian operators jointly own the Nems database where offshore chemicals are registered by each supplier, and categorized based on inherent properties.

The operators are responsible for applying to the Environmental Agency for permission for use and discharge.

12. Does my substance fullfill the criteria for REACH Attachment V and thus be categorized as green?

REACH Annex V includes substance groups that are exempted from the REACH registration requirement. Substances that fall under criteria for Appendix V, Inputs 7, 8, 9 can be categorized as green. The precondition is that the substance is precisely described and that it is not classified as hazardous to health or the environment.

The Environmental Agency should be contacted for guidance, but it is the industry itself that is responsible for assessing whether each substance they use is covered by REACH and the obligation to register. The company must also be able to provide relevant documentation by any regulatory authority.

The Environmental Agency does not issue a confirmation that a substance meets criteria in Appendix V, but we can be contacted for advice. For more information, see section 63 of the Activities Regulations, with guidance, at www.ptil.no.