2.1 Legal Basis of Decommissioning
The first provisions that dealt with technical guidelines for the decommissioning of oil platforms in Brazil were resolutions of the National Agency of Petroleum, Natural Gas and Biofuels (ANP), which is responsible for regulating the sector, and therefore published Ordinance No. 25 of 2002 that “Approves the Regulation for Abandonment of Wells drilled with a view to the exploration or production of oil and/or gas" (ANP 2002) and Resolution No. 27 of 2006 that "Approves the Technical Regulation that defines the procedures to be adopted in the Deactivation of Installations and specifies conditions for the Return of Concession Areas in the Production Phase” (ANP 2006). However, without any mention of the environmental dimensions.
Ordinance No. 25 was revoked by ANP (2016) Resolution No. 46 OF 11/01/2016, which “approves the Operational Safety Regime for the Integrity of Oil and Natural Gas Wells”, and No. 27 was revoked by ANP Resolution No. 817 DE 24 /04/2020 which “provides for the decommissioning of oil and natural gas exploration and production facilities, the inclusion of land area under contract in the bidding process, the disposal and reversal of assets, the fulfillment of remaining obligations, the return of the area and other measures” (ANP 2020). There is also Resolution No. 41/2015 that guides the decommissioning of pipelines and subsea systems (ANP 2015).
Resolution No. 817 defines the decommissioning of facilities as the “set of activities associated with the definitive interruption of the operation of the facilities, the permanent abandonment and razing of wells, the removal of facilities, the proper disposal of materials, residues and tailing and the environmental recovery of the area”, that is, there is some concern with environmental preservation. The same resolution considers environmental recovery as “interventions that aim to restore its natural characteristics to the environment, such as the stability and balance of the processes originally operating in it or their suitability for the planned use of the degraded area”.
Following the technical regulation for the decommissioning of exploration and production facilities set out in Annex I of Res. No. 817, the facilities removed from operation, the equipment necessary to carry out the decommissioning, and the area where the facilities are located must be maintained by the contractor in safety conditions, to mitigate the risks to human life, environment, and other users, until the decommissioning process is completed.
Thus, it allows offshore platforms to be maintained as long as they are duly justified and meet applicable regulations, enabling the comparison of decommissioning alternatives, whose analyzes must adopt, at least, the technical, environmental, social, safety, and economic criteria.
Another point is that the installations that are partially removed or that remain in situ must not interfere with navigation, the marine environment, and other users of sea resources, and the person in charge of the Production Unit must present a semi-annual report and letter of the flag that the unit is is in satisfactory condition.
Resolution No. 854 published in September 2021, which “regulates the procedures for presenting financial guarantees and terms that ensure the financial resources for the decommissioning of production facilities in the oil and natural gas fields”, establishes that the parties involved in the process of decommissioning comply with and ensure compliance with the National Policy on the Environment and Environmental Crimes, being responsible for complying with the applicable environmental and socio-environmental protection legislation, including concerning its employees (ANP 2021).
The National Environmental Policy (PNMA), established by Law No. 6938, of August 31, 1981, and regulated by Decree No. 99,274/90, was constituted, among others, of the following instruments: environmental quality standards, zoning, environmental impact assessment, and environmental licensing. IBAMA was established, as an autonomous entity linked to the Ministry of the Environment, the executive body of the National Environmental Policy, with the main attribution of the execution of the policy of preservation, conservation, and sustainable use of natural resources, is responsible for conducting the processes environmental licensing at the federal level. (BRAZIL 1981).
IBAMA requires, as a condition of the environmental license (Operation License) of an oil field, the delivery of a Deactivation Project as one of the environmental projects that make up the Environmental Impact Study (EIA) (Teixeira and Machado 2012).
According to Luczynski (2002) the legislation on abandonment should contemplate, at least, the following aspects:
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Protection of marine fauna throughout the process;
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In case of transformation of the structure into a reef, define its depth, as well as the continuity and safety of navigation in the surroundings;
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Ensuring monitoring, by a multidisciplinary team, of the deactivation process and maintenance of habitat conditions.
In Brazil, decommissioning activities are subject to the requirements of Resolution No. 001/86 of the National Environmental Council - CONAMA/IBAMA, which regulate the environmental impact analysis and the licensing process by the agency, and Law 12,305/ 2010 that governs the National Solid Waste Policy. By these regulations, IBAMA prohibits the on-site abandonment of subsea platform structures and equipment, in addition to launching into deeper waters and removal and disposal on land, requiring that such waste have an appropriate destination.
The main option to be considered for the decommissioning of platforms in Brazil contemplates the evaluation of the complete removal of the entire structure of oil production, however, the analysis of alternatives and comparative evaluation are contemplated by IBAMA, and options that prove to be superior considering criteria may be accepted. environmental, social and economic, however alternatives to total removal have not yet been employed (Oliveira 2017).
2.2 Ecosystem Services in Artificial Reefs
Unlike what happens in Brazil, Suzdaleva and Beznosov (2021) argue that the legs of offshore platforms can be used as artificial reefs to maintain the quality of the environment, bio productivity, and biodiversity of marine ecosystems.
According to the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA 2020) in its normative instruction nº 28 November 2020, an artificial reef is understood as a submerged structure, deliberately built or placed on the seabed to emulate the ecosystem functions of reefs and other natural substrates, such as protection of biodiversity, regeneration of degraded habitats, enhancement of marine biological resources and others.
Considering that emulating can be understood as the act of doing one's best to equal or exceed something (Cambridge Dictionary 2022), we can assume that the ecosystem services provided by an artificial reef are of equal value to those offered by a natural reef.
Bloung et al. (2021) show that by creating artificial reefs as new habitats, the expectation is that fish assemblages will settle there and that, at least, they will become similar to natural reefs, if not more diverse and abundant.
As exposed by Hylkema et al. (2021) when studying artificial reefs in the Caribbean, the main reasons for creating such structures are to create new dive sites, develop research, and support the restoration of ecosystems that encourage diversity. However, it must be considered that, regardless of its purposes, this new location must not negatively affect the surrounding habitat.
2.3 Offshore Wind Energy
Raymundo and Santos (2015) say that wind energy comes from the air masses that are used due to their movement to rotate the blades of a wind turbine, converting the kinetic energy of the winds into mechanical energy in the blades, which will travel through a multiplier, within the structure of the wind turbine, increasing the speed of rotation and transmitting the energy to a generator, which will transform it into electricity, which will be distributed to the grid.
Offshore wind energy is the use of equipment to capture the potential of air masses at sea, and although the operation of this system is similar to that described above, there are some particularities related to treatments due to the corrosive environment, installation costs, costs operation and maintenance, among others. Compared to onshore wind energy, offshore wind generation allows to produce more electricity, as the winds tend to flow at higher speeds than the winds on land, and large investments in offshore plants are expected in the coming decades, still considering the scarcity of land for onshore generation (Bilgili et al 2011).
Cavazzi and Dutton (2016) state that in terms of structural reliability, it is recommended that for generation in shallow water (up to 30 m depth) the foundation is of the single-pillar type; for intermediate waters (between 30 and 60 m) of the jacket type; and for deep water (deeper than 60 m), the ideal are floating structures.
According to Christófaro et al. (2013) the jackets that wind turbines can be installed on are lattice structures similar to a high voltage electrical tower, which has four piles to commonly attach to sandy ocean floors, such a structure is similar to that used in fixed jacket oil platforms.
According to Morthorst and Awerbuch (2009), wind conditions at sea have less turbulence than on land, and offshore installations are certified to operate between 25 and 30 years. In view of substantially higher installation costs at sea, service life extension is a possibility, but there are still no significant discussions on the topic.
Although there is great expectation regarding the exploration of offshore wind potential in Brazil, and some projects have already applied for Environmental licensing to operationalize, the Regulatory Framework to regulate the granting of authorizations for the use of offshore energy potential is still in the form of the legislative bill 576, of 2021 and awaits approval (BRAZIL 2021). The current text does not present restrictions on the reuse of jacket structures from the decommissioning of oil exploration to achieve exploration of wind potential.