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

Laid down pursuant to section 4, subsection 1, litra a) and c) of Act no. 79 of 11 June 1976 relating to the control of products and consumer services (the Product Control Act) and section 9, points 1 and 4, of Act no. 6 of 13 March 1981 concerning protection against pollution and concerning waste (the Pollution Control Act). Cf. EEA agreement Annex II, chapter XIX no. 1 (Council Directive 98/34/EC). 

19-1. Purpose
The purpose of these regulations is to reduce the environmental impact of acute oil pollution. 

19-2. Scope of the regulations
The provisions in this chapter apply to the composition and use of dispersants and beach-cleaning agents to combat acute oil pollution. 

19-3. Definitions
Dispersant: Liquid, chemical solution which, when applied to a slick of oil on the water surface, accelerates the break-up of an oil slick into small droplets of oil which disperse and are diluted and broken down in the water body. 

Beach-cleaning agent: Liquid, chemical solution which either causes the oil to separate from the underlying surface or which causes the oil to separate from the water bodies when it is hosed off the beach. 

19-4. Requirements applicable to dispersants and beach-cleaning agents
A product that is to be used as a dispersant or a beach-cleaning agent shall be tested for acute toxicity and satisfy the requirements in point 1 of appendix 1 to this chapter. The effectiveness of the dispersants and beach-cleaning agents will be tested, and the most effective agent shall be used, cf. point 2 of appendix 1 to this chapter.

The user of a dispersant or a beach-cleaning agent is responsible for ensuring that the products used satisfy the requirements pursuant to subsection 1 of this section at all times. 

19-5. Use of dispersants and beach-cleaning agents
The use of dispersants or beach-cleaning agents that are not covered by section 19-6 requires a special permit from the Norwegian Pollution Control Authority before the dispersants or beach-cleaning agents are applied. 

If an unacceptable risk of danger to life and health arises in connection with oil pollution, dispersants may be used without a special permit. Such use shall be reported to the Norwegian Pollution Control Authority as soon as possible after the event. The report shall contain a description of the event, and the type and quantity of dispersants used. 

The use of dispersants or beach-cleaning agents shall be chosen when this method, in comparison with other methods, results in minimum overall damage to the environment yet does not involve unreasonable costs for activities for which a contingency system is required. 

If the use of dispersants and beach-cleaning agents does not have the expected effect, the user will be responsible for stopping use as soon as possible. 

19-6. Use of dispersants and beach-cleaning agents in accordance with approved contingency plan
Activities for which a contingency system is required, pursuant to sections 40 and 43, subsections 1 and 2, of the Pollution Control Act, and pursuant to section 13 of the Regulations concerning protection of the environment in Svalbard may use dispersants and beach-cleaning agents in accordance with their contingency plan. 

19-7. Planning and documentation
An assessment shall be made of the potential adverse environmental impact and effectiveness before dispersants and beach-cleaning agents are applied. 

The user must ensure that the necessary documentation regarding the effectiveness and use of dispersants and beach-cleaning agents is available, cf. appendix 2 to this chapter. 

19-8. Requirements for dispersant application equipment
All dispersant and beach-cleaning agent application equipment intended for use during an oil spill clean-up operation shall have been tested in practical trials to ensure that the equipment and procedures for application function as intended. 

19-9. Amendments
The Norwegian Pollution Control Authority may make amendments to the appendices. 

Appendices
Appendix 1: Acute toxicity and effectiveness – tests and requirements
All tests shall be conducted at an accredited laboratory, pursuant to good laboratory practice (GLP). 

1. Acute toxicity
Both dispersants and beach-cleaning agents shall be tested on: 

Planktonic algae: 
The test procedure is described in the OSPAR Guidelines for Completing the Harmonised Offshore Chemical Notification Format (HOCNF) and in procedure ISO/DIS 10253 (Skeletonema costatum). 

Requirements: 
The use of dispersants is prohibited if EC₅₀ < 10 mg/l. 

The use of beach-cleaning agents is prohibited if EC₅₀ < 100 mg/l. 

2. Effectiveness

A. Activities that involve the production or processing of oil.

Tests: 
An IFP (Institute Français du Petrole) test shall be used to compare relevant dispersants as described in Bocard et.al. (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 an MNS (Mackay, Nadeau and Steelmann) test 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. 

Test procedures are described in appendix 2 to this chapter. 

B. Activities that do not involve the production or processing of oil.

Test: 
A 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. 

Test procedures are described in appendix 2 to this chapter. 

The following apply to both 2A and 2B: 
Test documentation for both types of test shall clearly indicate whether the dispersant or beach-cleaning agent has been tested for normal or low salinity conditions. No limit value has been set for minimum effectiveness, as it varies in relation to oil type. 

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

A. Activities that involve the production or processing of oil.
In the case of activities that involve the production, processing or storage of specified types of oil and which at the same time plan the use of dispersants as part of the contingency system, the effectiveness test shall be conducted using these oils. If so many types of oil are produced or processed by the same enterprise that effectiveness testing of all the oils will incur unreasonably high costs, testing shall be conducted on a selection of the types of oil most likely to be treated by dispersion. In order to optimise the enterprise's dispersant emergency response, a screening should first be made of suitable dispersants on the basis of the type of oil produced or processed by the enterprise, and local conditions at the site (temperature, salinity, and application technology). 

Test programme for product optimisation
Product optimisation includes: 

1. Screening of products that offer high effectiveness according to the procedures described in B ("Activities that do not involve the production or processing of oil"). The products selected will be tested on a 200 °C / 50% synthetically-weathered emulsion¹ of the oil in question with the IFP test. Three parallel tests will be conducted for each product, with a dosage of 1:25. 
2. The three best products will be tested in varying dosage ratios (e.g. 1:25, 1:50 and 1:100) on a 200 °C / 50% emulsion of the oil in question. Three parallels will be conducted.  
3. The three best products will be tested at an alternative temperature and salinity. The same products will be tested on a 200 ° C/50% emulsion of the oil with the IFP test. Three parallel tests will be conducted for each product, with a dosage of 1:25.

Final determination of the dosage will be oil-specific, and can first be conducted once the oil type is known. 

Test programme to ascertain dispersibility of oil at various degrees of weathering. 

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

B. Activities that do not involve the production or processing of oil.
Activities for which a contingency system is required but for which it is not possible to specify any particular types of oil, shall be able to plan a contingency system using dispersants if a 'standard' test procedure has been conducted. 

In this standard test procedure, the WSL test shall be used. The test procedure shall be conducted under the following conditions: 

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

A 200 °C / 50% emulsion refers to an oil that has evaporated all components with a boiling point below 200 ° C, and which has 50% sea water mixed in, through standardized weathering processes. This synthetically-weathered oil test / emulsion corresponds to 0.5–1 day's weathering at sea.