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22.94 OCS OIL LEASES
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CITY OF NEWPORT BEACH
P.U. BOX 1768, NEWPORT BEACH, CA 92663.3884
Office of Mayor
714/640-2110
March 9, 1982
Honorable Edmund G. Brown, Jr., Governor
Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
SUBJECT: OUTER CONTINENTAL SHELF OIL LEASE SALE NO. 68
Dear Governor Brown:
The City of Newport Beach supports the goal of energy independence
for the nation and recognizes the importance of Outer Continental
Shelf (OCS) oil and gas development to that goal.
However, the City also recognizes that offshore exploration and
drilling activities create serious environmental hazards which
threaten the abundant economic, recreational, aesthetic, and
natural resources of our beaches and harbor. Accordingly, the
City of Newport Beach opposes development of OCS oil and gas
leases offshore of Newport Beach unless the most stringent envi-
ronmental Safeguards are.provided.
The importance of clean,.beautiful waters and shores to the
economic livelihood, recreational resources, and wildlife sanc-
tuaries of Newport Beach cannot be overemphasized. Millions of
visitors from the region and nation spend millions of dollars
each year to enjoy our beaches, boating, hotels, restaurants and
shops. The beaches of Newport Beach and Crystal Cove State Park
are among the most heavily used in the State primarily because of
their uniqueness and pristine beauty. The Newport Harbor is home
to more than 9,000 boats, and its channels and inlets extend into
the neighborhoods and community fabric of the City. This unique-
ness is shared each year by hundreds of thousands of vacationers
in rental units which comprise 50% of the City's housing. The
wildlife sanctuaries of our intertidal pools and the Upper Bay
Ecological Preserve are enjoyed by visitors for their abundance
of sealife and waterfowl. The attractiveness of these recrea-
tional resources is the primary support for the thriving tourist
industry of the City.
3300 Newport Boulevard, Newport Beach
- Honorable Edmund Brown, Jr. .
March 9, 1982
Page 2
The potential for despoilation of these resources by OCS oil and
gas activities is enormous. Seismic instability of the entire
geomorphic province is well documented and is a serious threat
to the integrity of drilling structures. A major oil spill could
not be cleaned easily from the area's rocky coves, inlets, sensitive
plant life, and would affect the recreational economy for years.
More likely, incidental and chronic spillage of crude oil, drilling
muds and debris, and similar substances would lower the water
quality, dirty the beaches and harbor, and affect sensitive eco-
logical food chains. Air pollution from rigs and ships will blow
onto our shores and detract from the air cleansing affects of off-
shore breezes. Permanent platforms near the unique and spectacular
coastline will seriously detract from its scenic and tranquil
quality so important to the tourist industry. The combined impacts
of these environmental hazards are potentially disasterous to the
quality of living and the economic well being of Newport Beach.
To protect its economic and recreational resources, the City of
Newport Beach will fake whatever actions are available to insure
that the most stringent environmental safeguards are employed
during the leasing, explorations, and drilling for oil and gas
on the OCS offshore of the City.
The City of Newport Beach, specifically, recommends the following
environmental safeguards on OCS tracts offered in Lease Sale No.68:
1. Tracts 164, 165, and 169 are in precautionary sea lanes.
They were deleted from last sale because of collision
hazards. They should be deleted again, or stipulation
#6 limiting sea surface structures should be extended to
the entire tracts.
2. The shallow gas notice to bidders indicates a serious
problem on these tracts and they should be deleted. Also,
the shallow Oil and Gas map of the EIS shows a large
shallow gas field on tract No. 188, but the notice does
not apply to this tract. If these tracts are not deleted,
at least make this mere notice a binding stipulation, and
extend it to tract No. 188.
3. The geologic stipulation on most tracts indicates the
serious seismic hazards in the area and warrants deletion
of these tracts. Also, new information, generated by
investigations relative to the San Onofre Nuclear Power
Plant, indicates that the Newport -Inglewood fault extends
into tracts No. 187 and No. 188. At a minimum, the geo-
logic stipulation should be extended to those two tracts.
Honorable Edmund. Brown, Jr. •
March 9, 1982
Page 3
4. The biologic stipulation on all tracts in the sale demon-
strates the valuable marine life populations and habitats
of the area. However, the stipulation indicates only that
site -specific studies may necessary. Such studies should
be mandatory prior to any drilling or construction.
5. Permanent platforms near the unique and spectacular coast
line will seriously detract from the scenic and recreational
quality so important to the tourist industry. Catalina Island
is often visible from the shore and any platform between it
and the shore will be detrimental. At a minimum, stipulation
No. 6 disallowing structures or drilling rigs within portions
of some tracts should be extended to exclude any structure or
rig within seven (7) miles of shore.
6. Offshore exploration and drilling will serve to further deteri-
orate the air quality of Southern California. At a minimum,
the lease sale should include a stipulation that all structures
must conform to'local Air Quality Management District regulations.
7. The rationale for accelerated offshore exploration is national
energy independence. Accordingly, the lease sale should be
open only to American companies; and, foreign nationals should
be specifically excluded in the lease sale document.
8. To better balance the economic risks to tourism with the
economic advantages of national oil independence, the bonus
bid plus royalty'system of bidding should be utilized for
all sale of OCS leases offshore of Newport Beach; and, the
minimum bonus bids, annual rents, and royalty percentages
should be raised to the highest dollar levels.
The City of Newport Beach as the State of
Secretary of the Interior to consider fully
mental hazards of OCS oil and gas activities
above recommendations in the Final Notice of
Thank you for your cooperation.
Sincerely,
EVELYN R. HART
Mayor Pro Tem
ERH:KJD/m
CC: Congressman Robert E. Badham
Senator Alan Cranston
Senator S. I. Hayakawa
Supervisor Thomas Riley
be - City Council
City Manager
Californian"to urge the
the potential environ-
and to include the
Lease Sale No. 68.
CITY OF NEWPORT BEACH
P.U. BOX 1768, NEWPORT BEACH, CA 92663.3884
Office of Mayor
714/640-2110
March 9, 1982
Mr. Michael Fisher, Executive Director
California Coastal Commission
631 Howard Street, Fourth Floor
San Francisco,, CA 94105
SUBJECT: OUTER CONTINENTAL SHELF OIL LEASE SALE NO. 68
Dear Mr. Fisher:
The City of Newport Beach supports the goal of energy independence
for the nation and recognizes the importance of Outer Continental
Shelf (OCS) oil and gas development to that goal.
However, the City also recognizes that offshore exploration and
drilling activities create serious environmental hazards which
threaten the abundant economic, recreational, aesthetic, and,
natural resources of our beaches and harbor. Accordingly, the
City of Newport Beach opposes development of OCS oil and gas
leases offshore of Newport Beach unless the,mose stringent envi-
ronmental safeguards are provided.
The importance of clean, beautiful waters and shores to'•the
economic livelihood, recreational resources, and wildlife sanc-
tuaries of Newport Beach cannot be overemphasized. Millions of
visitors from the region and nation spend millions of dollars
each year to enjoy our beaches, boating, hotels,restuarants and
shops. The beaches of Newport Beach and Crystal Cove State Park
are among the most heavily used in the State primarily because of
their uniqueness and pristine beauty. The Newport Harbor is home
to more than 9,000 boats, and its channels and inlets extend into
the neighborhoods and community fabric of the City. This unique-
ness is shared each year by hundreds of thousands of vacationers
in rental units which comprise 50% of the City's housing. The
wildlife sanctuaries of our intertidal pools and the Upper Bay
Ecological Preserve are enjoyed by visitors for their abundance
of sealife and waterfowl. The attractiveness of these recrea-
tional resources is the primary support for the thriving tourist
industry of the City.
3300 Newport Boulevard, Newport Beach
y. t. Mr.. Michael Fish •
March 9, 1982
Page 2
The potential for despoilation of these resources by OCS oil and
gas activities is enormous. Seismic instability of the entire
geomorphic province is well documented and is a serious threat
to the integrity of drilling structures. A major oil spill could
not be cleaned easily from the area's rocky coves, inlets, sensitive
plant life, and would affect the recreational economy for years.
More likely, incidental and chronic spillage of crude oil, drilling
muds and debris, and similar substances would lower the water
quality, dirty the beaches and•harbor, and affect sensitive.eco-
logical food chains. Air pollution from rigs and ships will blow
onto our shores and detract from the air cleansing affects of off-
shore breezes. Permanent platforms near the unique and spectacular
coastline will seriously detract from its scenic and tranquil
quality so important to the tourist industry. The combined impacts
of these environmental hazards are potentially disasterous to the
quality of living and the economic well being of Newport Beach.
To protect its economic and recreational resources, the City of
Newport Beach will take whatever actions are available to insure
that the most stringent environmental safeguards are employed
during the leasing, explorations, and drilling for oil and gas
on the OCS offshore of the City.
The City of Newport Beach, specifically, recommends the following
environmental safeguards on OCS tracts offered in Lease Sale
No. 68:
1. Tracts 164, 165, and 169 are in precautionary sea lanes.
They were deleted from last sale because of collision
hazards. They should be deleted again.; or stipulation
#6 limiting sea surface structures should be extended to
the entire tracts. x:•-,.
2. The shallow gas notice to bidders indicates a serious
problem on these tracts and they should be deleted. Also
the shallow Oil and Gas map of the EIS shows a large
shallow gas field on tract No. 188, but the notice does
not apply to this tract. If these tracts are not deleted,
at least make this mere notice a binding stipulation, and
extend it to tract No. 188.
3. The geologic stipulation on most tracts indicates the
serious seismic hazar'ds in the area and warrants deletion
of these tracts. Also, new information, generated by
investigations relative to the San Onofre Nuclear Power
Plant, indicates that the Newport -Inglewood fault extends
into tracts No. 187 and No. 188. At a minimum, the geo-
logic stipulation should be extended to those two tracts.
Mr. Michael Fish •
March 9, 1982
Page 3
4. The biologic stipulation on all tracts in the sale demon-
strates the valuable marine life populations and habitats
of the area. However, the stipulation indicates only that
site -specific studies may be necessary. Such studies should
be mandatory prior to any drilling or construction.
5. Permanent platforms near the unique and spectacular coast
line will seriously detract from the scenic and recreational
quality so important to the tourist industry. Catalina Island
is often visible from the shore and any platform between it
and the shore will be detrimental. At a minimum, stipulation
No. 6 disallowing structures or drilling rigs within portions
of some tracts should be extended to exclude any structure or
rig within seven (7) miles of shore.
6. Offshore exploration and drilling will serve to further deteri-
orate the air quality of Southern California. At a minimum,
the lease sale should include a stipulation that all structures
must conform to local Air Quality Management District regulations.
7. The rationale for accelerated offshore exploration is national
energy independence. Accordingly, the lease sale should be
open only to American companies; and, foreign nationals should
be specifically excluded in the lease sale document.
8. To better balance the economic risks to tourism with the
economic advantages of national oil independence, the bonus
bid plus royalty system of bidding should be utilized for
all sale of OCS leases offshore of Newport Beach; and, the
minimum bonus bids, annual rents, and royalty percentages
should be raised to the highest dollar levels.
The City of Newport Beach asks the Coastal Commission to continue to
protect our coastal resources by opposing Lease Sale No. 68 unless
the above recommendations are included in the Final Notice of Sale.
Thank you for your cooperation.
Sincerely,
�'�Ld
EVELYN R.
Mayor Pro
ERH:KJD/m
/_ /dam
HART
Tem
M
CC: Congressman Robert E. Badham
Senator Alan Cranston
Senator S. I. Hayakawa
Supervisor Thomas Riley
be - City Council
City Manager
0 0 aa. �?y
CALIFORNIA COASTAL COMMISSION
631 Howard Street, San Francisco 94105—(415) 543-8555
March 5, 1982
TO: CALIFORNIA COASTAL COMMISSIONERS
FROM: MICHAEL L. FISCHER, EXECUTIVE DIRECTOR
AND
WILLIAM TRAVIS, DEPUTY DIRECTOR FOR TECHNICAL AND SUPPORT SERVICES
SUBJECT: STAFF RECOMMENDATION ON THE DEPARTMENT OF THE INTERIOR PROPOSED NOTICE
OF SALE FOR LEASE SALE =68
This recommendation was developed by Mari Gottdiener, working under the direction
of L. Thomas Tobin, Manager of Energy and Ocean Resources Division.
STAFF RECOMMENDATION
The staff recommends the Commission urge the Department of the Interior to delete
ten tracts directly outside Santa Monica Bay, eight tracts within the Santa Barbara
Channel Ecological Preserve Buffer Zone, four tracts in the Vessel Precautionar"v
Area offshore the Ports of Los Angeles and Long Beach, and five tracts offshore
Orange County that adjoin the State's Oil and Gas Sanctuary. Further, the staff
is recommending stipulations, or conditions for leasing, to protect commercial
fishing, require subsea completions in certain areas, conduct biological surveys,
barge drill muds to shore, enhance vessel traffic safety, and require tankers, not
barges to transport produced oil from the Outer Banks.
BACKGROUND
The Department of the Interior proposes to offer for sale to the oil companies for
exploration and development 172 tracts in Lease Sale =68 in June 1982 (Exhibits 1, 2).
The sale spans an area from Point Conception to the Mexican Border. Under
the OCS Lands Act, the Governor has until March 29, 1982, or 60 days from the day
the Proposed Notice of Sale was published, to respond to the notice. The Commission
must also act within that time both to incorporate its recommendation into the
state's response and to transmit its own recommendation as the state's coastal
management agency to the Department of the Interior.
The Commission initially recommended deletion of tracts within Santa Monica Bay
at the Call for Nominations stage, in February 1980. Former Interior Secretary
Andrus deleted some tracts but left those tracts at the mouth of the Bay to be
analyzed in the Environmental Impact Statement. In its August 1981 comments on
the Draft EIS, the Commission recommended more complete analysis on the impacts of
leasing the tracts located at the mouth of the Bay. The Commission also recommended
at the DEIS stage that the Department of the Interior delete tracts within the
Ecological Preserve Buffer Zone, Precautionary Area, and Channel Islands National
Marine Sanctuary. Secretary Watt "deferred" sale of the 35 tracts within the
marine sanctuary.
• - 2 - 0
ANALYSIS
The staff recommends that the Commission adopt the following recommendation to the
Department of the Interior on proposed OCS Lease Sale =68:
1. Santa Monica Bay. The Commission urges the Department of the Interior to
delete the ten tracts proposed for sale that lie at the mouth of Santa Monica
Bay - tracts 128, 129, 136, 137, 138, 145, 146, 147, 151, and 152 (Exhibit 3).
Former Secretary of the Interior Andrus deleted 40 tracts within Santa Monica Bay
after the Call for Nominations in May 1980, taking into account the comments of
"local citizens and State and local units of government". Later the Commission
requested further analysis on tracts adjacent to Santa Monica Bay in
the Final EIS because of potential impacts on air quality, recreation, tourism,
and biological resources. The Bureau of Land Management analyzed these tracts and
concluded that there would be a measurable reduction in the socio-economic impacts
to the coastal economy by deleting the tracts adjacent to Santa Monica Bay as the
Commission recommends. BLM notes that six of these tracts have serious geological
hazards - tracts 123, 128, 129, 137, 138, and 147. These tracts have all been
identified as having geological conditions that could "adversely affect oil and
gas operations". Although BLM concludes that existing regulations and the geologic
stipulation (which requires that the lessees demonstrate to the Minerals Management
Service that drilling can proceed safely on these identified hazard tracts) are
expected to mitigate adverse geologic concerns, the Commission does not rest as
much faith on the stipulations and believes that tracts with identified hazards
should not be included in the sale. Despite this analysis in the FEIS, the Depart-
ment of the Interior nevertheless included these tracts in the Proposed Notice of
Sale.
Although the Final EIS states that deletion of these tracts would not significantly
change air quality, the Commission is extremely concerned with the air quality in
the coastal zone portion of the Los Angeles basin. This air basin is renowned for
its severe air quality problems. Emissions from offshore drilling and production
activities on the tracts adjacent to Santa Monica Bay will travel onshore and
exacerbate an already grave health problem. On this basis alone, the Department of
the Interior should delete these tracts, In its study of "Air Quality Aspects of
the Development of Offshore Oil and Gas Resources", the Air Resources Board concludes
that oil and gas development activities can have a direct adverse air quality impact
on onshore areas. "Climatological data indicate that the potential for increased
air pollution problems along the coastal areas of Southern Calfiornia resulting from
emissions released over offshore graters is great, especially during the summer when
air pollution concentrations in urban areas are already high." Emissions result
from all stages of development: during the exploration phase, emission of nitrous
oxides can reach one ton per day from a single drillship, and more than one drill -
ship may be operating at any one time; and during the production phase, unmitigated
emissions of nitrous oxides from an OCS platform can also exceed one ton per day.
The section of coastline onshore of these ten tracts is the most heavily used beach
area in the country, receiving in excess of 56 million visitors a year. Tourists
from all over the world, as well as millions of inner city residents of the Los
Angeles metropolitan area, come to these beaches. The threat of oil spills in this
area is a real one - over the life of Lease Sale-68, BLM estimates 23 spills over
1000 barrels each, originating from Sale 268 leases, existing leases and imports
in the Sale =68 area. Some of these spills will reach the shore of the Santa Monica
Bay area. In the interest or the public welfare, this densely populated and visited
area must be protected against such a risk.
For all of the above reasons, the Commission recommends that these tracts be deleted
from the sale.
2. Santa Barbara Channel Ecological Preserve Buffer Zone. The Commission urges
that the Department of the Interior delete the eight tracts within the Buffer Zone
of the Ecological Preserve: tracts 62-67, 71, and 72 (Exhibit 4). The Preserve
and Buffer Zone are in federal waters adjacent to the State Oil and Gas Sanctuary.
Leasing of tracts within the Buffer Zone could result in drainage of petroleum
resources in State waters, which the state has determined are sensitive enough
to forego the benefits of petroleum development.
Sale of these tracts violates the purpose and spirit behind the Preserve and Buffer
Zone designation. Former Secretary of the Interior Hickel established the preserve
and buffer in 1969 after the blow-out of Union's Platform A in the Channel. The.blow-
out resulted in a massive oil spill fouling the waters and beaches of Santa
Barbara to such an extent that the Secretary was compelled to offer "compensation"
to Santa Barbara. In the Secretary's words: the Preserve and Buffer were estab-
lished "to protect and preserve the values of this area ... for the benefit and
enjoyment of this and future generations ... from all forms of disposition, including
mineral leasing". (emphasis added, Federal Register, Volume 34, No. 58, March 26,
1969
The Preserve has stood for 13 years as a monument to the spill and a symbol of the
Department of the Interior's commitment to protect Santa Barbara from future
recurrences. Leasing of tracts in the Buffer Zone at this time marks a sharp
reversal of federal policy, is a breach of the public trust, and undermines the
people's confidence in the federal government's promise of protection. The Depart-
ment of the Interior is disregarding its own public land order and policies in even
considering these tracts for lease.
In balancing the benefits derived from leasing these eight tracts with the damage
done to the City of Santa Barbara and the possible drainage of petroleum resources
in State waters adjoining the Buffer Zone, the Commission finds that, in the
interest of the public welfare, these tracts should be deleted from Sale 468.
3. Precautionary Area. The Commission urges that the four tracts within the
Vessel Precautionary Area offshore the Ports of Los Angeles and Long Beach be
deleted from the proposed lease sale: tracts 164-167 (Exhibit 5). The conver-
gence in the Precautionary Area of several major vessel traffic routes from
northern and southern California, Alaska and Asia could present a threat to the
safe navigation of vessels, both OCS-related and other, in this area, if OCS
structures are located within tracts 164-167. The congestion in this area could
easily lead to collisions and rammings between OCS-related vessels or structures and
other vessels entering or leaving the Ports of Los Angeles or Long Beach.
4. Tracts Offshore Orange County. The Commission urges the Department of the
Interior to delete five of the eleven tracts proposed for sale that lay offshore
central Orange County. These five tracts, 176, 177, 178, 184, and 185 (Exhibit 5),
adjoin the State Oil and Gas Sanctuary. The Commission also urges the Depart-
ment of the Interior to impose stipulations on the other six tracts to protect
the popular beaches and tourist industries of these communities.
The Cities of Newport Beach and Laguna Beach and many of their citizens have
expressed concerns about the impacts of offshore activities on their economies
and biological resources and have opposed leasing all eleven tracts..
The Commission is concerned with the potential effect on state oil and gas resources,
the risk of oil spills, the visual impact of offshore platforms on the community
character, and the threat of potential oil spills on sensitive wetlands in Upper
Newport Bay. The Commission recommends that Interior delete the five tracts lying
adjacent to the state's 3-mile limit and Oil and Gas Sanctuary. Development of
these tracts could result in drainage of oil and gas resources on which the state
has foregone development and revenues in the interest of public welfare. The
sanctuaries were created to protect onshore areas considered too sensitive to
subject to the risks of oil development. Strong tidal currents in Newport Bay
would prevent effective booming and other oil recovery techniques from protecting
the unique and already rare coastal wetlands in the area.
An oil spill reaching the popular Orange County beaches would prevent their public
use for several years. The area known as the Irvine Coast would be affected by
the proposed sale. The recreational and scenic value of this area is illustrated
in that a newly acquired state park along the Irvine Coast was the most expensive
parkland acquisition in state history. Platforms, visible from the parkland, would
spoil the environment the state and local citizens seek to create. Moreover,
Orange County beaches support a tourist trade which would also be affected by the
sight of offshore platforms.
The use of subsea completions may be required by the Commission in its consistency
review of an OCS Plan of Development submitted for the remaining six tracts to
protect the scenic quality of these onshore areas. Before any other method of
producing would be allowed, the lessee must demonstrate that subsea completions
are infeasible or more environmentally damaging than platforms.
5. Outer Banks, The Department of the Interior is proposing to lease 33 tracts
in the ruteBanks" (Exhibit 1). These tracts range as far as 130 miles offshore
the coast. Development of these tracts would necessarily involve use of tankers
and barges --pipelines to shore would have to be extremely long and pass through
water depths currently beyond the technology of offshore pipelaying. further, the
Tanner and tortes Banks are major habitats for the red and purple forms of the
rare, fragile hydrocoral ally ora. Protection of the coral communities is essential
because of the slow growth of these species--one-hal` to one centimeter per year.
Because the red and purple forms or coral found on the offshore banks are So
unusual and slow to recover from any damage, the.Department of the Interior should
survey the Banks areas to determine the locations of these coral formations before
permitting exploratory or development drilling on Sale =68 leases. (See Biological
Survey Stipulation, below.) Furthermore, before placing anchors, moorings, bottom -
founded vessels or platforms, pipelines, or other structures, operators should be
required to conduct additional site specific biological surveys to locate the site
of such operations away from major coral formations. A stipulation should be imposed
to prevent the discharge of drill muds and cuttings in the identified coral areas
in the Outer Banks area.
The Commission has a long-standing policy favoring use of pipelines to transport
produced oil to shore for processing, based on the impacts that barging and tankering
may have on onshore air quality and the risks of oil spills posed. In areas where
pipelines would not be feasible, the Commission has considered the mode of transpor-
ting oil a factor in supporting or opposing leasing of an offshore area. In the
case of the Outer Banks, the tracts are so far away from the coastal zone that
pipelines simply could not be laid to shore, not only because of distance but
because of extreme water depths between the banks and the coast.
• -5-
Because effects on the coastal zone from exploration and development of the Outer ,
Banks would be minimal except forthe barging or tankering activities, the Commission
does not oppose leasing of these tracts but does recommend that the Department of
the Interior impose a stipulation requiring that the safest available means of
tankering be used to transport oil. Further, the stipulation should state that
no barges be allowed. Available air pollution control technology and procedures
for unloading and loading oil can better protect air and water quality in the coastal
zone through tanker transportation because these controls are not applicable to barges.
6. Stipulations. Exhibit 3 includes the text of stipulations in the Proposed
Notice of Sale.
Commercial Fishinq Training Program. The Commission recommends that the
Department of the Interior impose a stipulation requiring, not merely encouraging
lessees to participate in a commercial fishing training program, similar to the
one imposed for Lease Sale 7#53. The Proposed Notice of Sale includes a Notice to
Lessees "encouraging" them to include such programs in their exploration and
development plans; this is not sufficient protection for the commercial fishing
industry.
The fisheries training program included for Lease Sale =53 was strongly supported
by the Commission and should be included in this proposed sale as well because of
the important fishing areas in the Channel, San Pedro Bay, and the Inner Banks.
These fishing areas should be given the maximum amount of protection possible
during exploration and development activities. The training program, informing
personnel on the oil rigs of the potential conflicts between their operations and
commercial fishing and how best to avoid these conflicts, is a positive step taken
by the Department of the Interior in the past few years. It definitely should be
a standard lease stipulation in any OCS areas with commercial fishing activity as
an appropriate mitigation measure.
Subsea Completions. The Commission recommends that the Department of the
Interior impose a stipulation that requires lessees filing a Plan of Development for
a tract within twelve miles of shore to install subsea completions, or production
systems, instead of platforms, whenever feasible. Lessees must demonstrate that
subsea completions would not be feasible for these development proposals or would be
more environmentally damaging than platforms before Commission concurrence with the
Plan would be made. Subsea completions are a method of producing oil and gas without
use of a surface platform, so that the visual impacts of the offshore activities are
substantially, if not totally, negated. Gathering lines from the seafloor wellheads
transport the oil and gas to either a nearby platform, or to points onshore. This
stipulation would be imposed on tracts 174, 175, 182, 183, 187, and 188 only.
Biological Survey. The Commission recommends that the Department of the
Interior modify its Biological Survey Stipulation, number 1, by requiring surveys
of biologically sensitive areas at the time of leasing and sharing of the informa-
tion with State officials. The present procedure of waiting until a lessee submits
a Plan of Exploration to drill an exploratory well, having the lessee perform the
survey if the Minerals Management Service (formerly USGS) "has a reason to believe"
that a biologically sensitive area exists, and then submitting the information to
the MMS does not insure the best possible survey or resulting mitigating measures.
The Commission is concerned in particular with the sensitive hydrocoral Allopora
communities on the Outer Banks and recommends that a survey of these banks be
conducted at the time of leasing.
• -6-
Drilling iduds Disposal. The Commission recommends that the Department of Interior
ipulat
include a stion requiring the barging to shore of drill muds and cuttings.
for all drilling activities occurring within 1000 meters of state waters and for
drilling occurring within 1000 meters of coral formations in the Tanner and Cortes
Banks. Discharge of muds and cuttings on the Outer Banks could harm the coral
communities and discharges within 1000 meters of State craters could affect water
quality in the coastal zone.
Vessel Traffic Safety. The Commission recommends that the Department include a
stipulation stating that no surface structures be permitted within 500 meters of
the Vessel Traffic Separation Scheme in the Santa Barbara Channel and the Gulf
of Santa Catalina, nor within 500 meters of the Port Access Routes to be designated
by the U.S. Coast Guard. The presence of temporary or permanent structures near or
within the VTSS pose an unacceptable risk of vessel collision. No leasing of tracts
through which the VTSS passes should occur without imposing this stipulation.
Air Quality. The Commission recommends that the Department of the Interior
impose a stipulation that would require all lessees to use best available control
technology on drilling rigs and platforms to reduce air pollutant emissions. The
stipulation should further require all feasible measures to reduce nitrous oxide
emissions in particular from drilling rig operations.
Tankering. The Commission recommends that the Department of the Interior impose
a stipulation requiring that no barges be used to transport oil from the Outer Banks.
Further, only tankers with the safest available technology for loading and unloading
oil be permitted to transport produced oil from the Outer Banks leases.
7. Offshore Liquefied Natural Gas Terminal Site. The Commission urges that special
consideration be given to Tract 83 in the Ventura Flats area. This area was identi-
fied by the Commission in 1978 as the most appropriate siting area fora lique*ied
natural gas (L`IG) terminal off the shoreline of California. Because the need for an
LNG terminal is uncertain at the present time, the Commission is concerned that a
possible conflict between a platform and an LNG terminal may arise. Before the
Commission will be willing to concur in a Plan of Development for that tract, the
applicant will have to demonstrate that there will be no conflict with development
of an LNG terminal or that producing oil and gas on the tract can be done in a manner
to eliminate potential conflicts.
8. Consistency. The Commission has repeatedly advised the Department of the Interior
that a consistency determination is required prior to the final notice of lease sale.
Specifically with regard to Lease Sale =68, the Commission advised the Department of
its position in 1980 when it submitted comments on the Call for Nominations. ';then
the Commission received the proposed notice of sale for Lease Sale :i68, the Executive
Director once again advised the Department of its position on consistency. This posi-
tion has been reiterated many times - in mediation over Lease Sale =48 and in liti-
gation over Lease Sale =53. By this reference, the Commission incorporates its
previous record on this issue as part of its comments for Lease Sale =68.
in its transmittal letter enclosing the proposed notice of sale received on
February 1, 1982, the Department appeared to make a "n�q,t4'e" determination on the
consistency issue, though it did not so advise the Commission. The Department stated
that it had examined the California Coastal ;Management Program (COMP) and found no
direct effects on the California coastal zone. This conclusion was unsupported since
the Department submitted no analysis of the CC?1P. The conclusion likewise contradicts
congressional legislative history and the published federal district tour-, npiaii on in
Lease Sale =53. If the Department has in fact examined the COMP, the Commission urges
0 0
the Department to share its analysis. The Commission reminds the Department of the
Interior that Judge Pfaelzer's opinion requires a consistency determination in all
but the most unusual circumstances. If, in fact, Lease Sale 468 is such an unusual
circumstance, the Commission believes that the Department should advise the public
of the basis for its conclusion.
The Department requested the Commission to identify potential consistency problems.
It is the Department's position that these problems do not arise at the lease sale
stage but can be postponed to a later date. The Commission's recommendations on
the Call for Nominations, the Draft Environmental Impact Statement (DEIS), and this
recommendation have all identified the actual specific tracts that present consis-
tency problems at the lease sale stage. Thus, the Commission has fulfilled its
obligation to identify consistency problems. It is irresponsible of the Department
of the Interior to ignore these problems and let leasing take place on the identified
tracts. Companies and the Department will spend stockholder and taxpayer money to
lease tracts that will be undevelopable. Because the Department has given no
rationale for its disagreement with the Commission and its failure to accept the
Commission's recommendation, it once again disregards state participation in the
leasing process.
The Department of the Interior requested the Commission to discuss in detail relevant
sections of the CCiMP that pose consistency problems. In some respects, the Commis-
sion views this request as a double-edged sword. The Commission previously identified
Coastal Act sections in Lease Sale =53. The Department later charged in litigation
that it need not submit a consistency determination.because the Commission had
already determined that the Sale H3 was inconsistent with the Coastal Act. To avoid
that claim in Lease Sale -68, the Commission advises the Department that Sections
30221, 30231, 30232, 30233, 30251, 30260, and 30260 should be.addressed in a
consistency determination. Further, the Commission believes that if the Department
deleted the tracts, as identified in this recommendation, the Commission could find
the proposed notice of sale consistent with the Coastal Act.
Further comment is necessary on the "unusual" procedures followed by the Department
of the Interior in Lease Sale 468. The Department circulated the DEIS prior to
transmittal of the Proposed Notice of Sale. Thus, when the Commission commented
on the DEIS, it did not know which tracts the Department intended to offer for
lease. Thus, no departmental decision had been made. Later, when the Department
submitted the proposed notice, it implied that the Commission had somehow "waived"
its right to request a consistency determination because the Commission had failed
to do so in its DEIS comments. In fact, the Commission had informed the Department
long before the DEIS was circulated and renewed its request upon receipt of the
actual proposed notice delineating the contemplated federal activity. The Commission
disagrees with the Department's letter attached as Exhibit 6.
•
• EXHIBIT 1 `
SAIRA DANBAnA
I:;IiFORI(A "FSHGRE AREA
_ Ornara "POSED 'Cr LEASE Z) C J, � y
lt Shrift
' .-_ Monlca LOS ANULcS
YLong Beach
.. , _._� _ .^ ....~'.. i1V�V1.�_lilV 11�•(/^'� Newport Beam
[rt .. •�-(CUtalhla r... Y. «i-r ,-...
»_-. ..^.+�.'•�....�... .y i...... ... ... ...«._. y~_�n �I Ocoanaida
-`M ;T^'-V'- - ~ .� F-. iAl i.�F� ^- ._.` `� � , trPl y.f ' . .•- _J ..�_. i...-.-�.-� r,i
��---•I1�♦-- _ .-... Y - ._ir1 �'c i7j ...»- '�...-+.1. . ��_._... _ .-..»-_.-�ri{ \ SAN OIEOO
LEGEND i -�' , ' . ' ..... ' ! �" , ....
iTWO LEASED TRAC[J .. .. .. .._.-...._.->„.,[`w^,_^•-+) ✓: ...:r 1 .^-r r'1_�....
1.4,44
)POSEO SALE .-. ... _.....__ -.. .. .. _ .. _ i
88 TRACTS I _• t - - _ r .-_ .—�.... ..y .. .._ ..
REVISED 1-22-82
BUREAU OF LAND MANAGEMENT Robinson (202) 343-5717
Shone (213) 688-7109
For Release: February 3, 1982 Fergus (213) 688-6740
PROPOSED OIL AND GAS LEASE OFFERING
(OCSr#68) CHANGED FROM 174 TRACTS TO
172 TRACTS
The Bureau of Land Management announced today that a Proposed Notice of
Sale for OCS offering #68 offshore Southern California has been signed by the
Secretary of the Interior. The proposed notice is published in the Federal
Register of February 3, 1982.
The Proposed Notice of Sale was sent January 29 to the Governor• of
California to obtain his comments on the size, timing, or location of the sale.
The Governor has sixty days to comment under the provisions of the OCS Lands Act.
The Bureau of Land Management had previously announced on December 23, 1981,
that 174 tracts comprising about 892,000 acres would be offered in the proposed
oil and gas lease offering.
A change in the number of tracts has been announced by the Bureau of Land
Management.
One tract has been removed as a result of a combination of military and
other considerations, rendering the area unavailable for drilling activity. One
tract has been combined with another to increase the acreage of the tract offered.
This changes the total from 174 tracts to 172 tracts and decreases the estimated
acreage from 892,000 acres to 891,000 acres. In addition, bidders are notified in
the proposed sale notice that tract numbers 68-082 and 68-095 may be deleted prior
to the actual sale due to potential Congressional action involving these tracts.
The lease offering is tentatively scheduled for June 2, 1982.
The tracts in the proposal lie in waters up to 4,900 feet deep and as far
offshore as 84 miles. Details of the proposed lease offering will be found in
the Federal Register notice.
A map is attached showing the proposed lease sale area.
X X X
• • EXHIBIT 3
LOS ANGELES
oo I
TNR r- \ SANTA MONICA
i zs0 `^'l Dune MILE
11
14S,�146i tr147 ',\ }
+
i MOn.- � rS8 t,152;
I
°
123 PROPOSED SALE NO. 68 TRACTS
TRACTS ADJACENT TO SANTA MONICA BAY
Location of Tracts Adjacent to Santa Monica Bair
_. _. z___ra—a=-.ae_---�•w:r""•L�.:'_w=_+::y�T3•nW`eaL�«LSun'.�u1tiait' - -, __�.-n,.+-vwn •�
EXHIBIT 4
SANTA BARBARA
81
241'4 "Y 40.
344.. 946' 930 j 70 ✓�,4yaT
�—
aa4 i`a sa 1 �aa�l e51 j 78 i 79 80 i 81 i 82 83 I 84
87 as 89 90 91 92 93 94 I 95 E:itT t�2-1e.
• � i "arid:
` SANTA CRUZ ISLAND
ANACAPA ISLAND
109 110
111
1115118i 117118
�1 SANTA BARBARA CHANNEL ECOLOGICAL PRESERVE
ja ADJUNCT TO THE ECOLOGICAL PRESERVE (BUFFER ZONE)
141EXISTING LEASED TRACTS
99 PROPOSED SALE NO. 88 TRACTS
Location of Tracts in the Adjunct to the Santa Barbara
Channel Ecological Preserve
04
i • EXHIBIT 5
;: o #I F9VcwJTl0fJk Y APEA
=
IxXK SALE '71 TRACZS
VESSEL PRECAUTIONARY AREA
ORANGE COUNTY
• EXHIBIT 6
Ap, Un.td States Department of the Interior
N OFFICE OF THE SECRETARY
<" WASHINGTON, D.C. 20240
tar. Michael L. Fischer F E$ 1 dL
California Coastal Commission
631 Howard Street, 4th Floor
San Francisco, California 94105
Dear Mr / ischer:
The Draft Environmental Impact Statement (DEIS) for CCS Sale 68 (Southern
California) was sent to the California Coastal Commission (CCC) this past June.
Your office responded by providing corments on the DEIS and they were considered
in preparation of the FEIS. However, as of this date, which is well beyond the
45 day notification period provided for by 15 CFP. 930.35(•a), we have not received
a cequest from the CCC for a consistency determination for the pre -lease activi-
ties associated :with this sale. We are, though, enclosing for your information
our assessment of Sale 68 which we performed in accordance with the requirements
promulgated under Section 307(c)(1) of the Coastal Zone 'management Act (CZMA).
(See attachment 1.)
In snort, we found no direct effects on the California coastal zone from the pre-
laase activities associated with Lease Sale 68. The effects on coastal land and
water uses which :fay arise from post -lease activities are not, for Sale 68, direct
effects of leasing decisions out ra+:her the effects of subsequent decisions and
events. ,:hese effects are subject to a consistency certification under Section
307(c).(3), but not a consistency determination under Section 307(c)(1).
Through your authority under Section 307(c)(3), the CCC can, barring the excep-
tional case of an override by the Secretary of Commerce, prevent or require the
modification of any of the federally permitted CCS operational activities, and
their associated facilities, ''which affect any land use or water use in the coastal
zone and are found by you to be inconsistent with the Ca4P. Through Cnis stat-
utory framework, California is assured that, by exercising its own authority, only
consistent activities will occur after lease award.
;Agile we found no direct effects on the California coastal zone, we nevertheless
have examined the enforceable provisions of the CGr1P as approved by the Secretary
of Commerce and found none that applies to CCS oil and gas pre -leasing activities,
CCS lease sales, or lease award. In fact, we found nothing in the CLIP with
which CCS Sale 68 is inconsistent. The provisions of the CC:IP which ,may be
relevant to CCS oil and gas activities for purposes of consistency are appli-
cable only to exploration and development activities, their associated facilities,
and their potential effects on the coastal zone.
Notwithstanding our finding of no 'direct effects" for activities in preparation
for Sale 68, we want to assure that you have an opportunity for an "early compre-
hensive review of proposed federal leasing activities" as indicated in your
letter of Cctober 28, 1981. We have thus enclosed a copy of the ?roposed notice
0 0 EXHIBIT 6
of sale and an extra copy of the MS for Sale 68 for your review (Attachments
2 and 3). These documents reflect the best information we have on the potential
effects of post -lease activities which may follow from the sale, including the
best information on potential cumulative effects crhich may occur over the next
few decades. Due to the high uncertainty as to if, when, where, how :auch, and
what kind of production activity may take place which .may affect the California
coast, the enclosed information about Potential effects is based on hypothetical
scenarios and must, of course, be viewed as speculative.
As indicated in my September 30, 1981, letter to Governor Bronco (attachment 4),
we are keenly interested in and would like to understand as fully as Possible
your views and any concerns you may nave about potential consistency problems
associated with the exploration and development activities projected in the
scenarios for Sale 68. Specifically, would you please inform us of any of the
exploration and development operational activities, associated facilities (see
15 CM 930.21), and the specific effects of these activities and facilities
:which, in your view, may pose future consistency problems under the 7-1=2. if
you identify ootential consistency problems, ?lease indicate in detail the
subsections of the Ca'IP with which each activity, facility, or effect has
the Potential to y inconsistent. Please also explain, with reference to the
relevant subsection of the CCMP, the rationale for your :relief that -each
potential consistency problem exists and the .canner in which the agglicaole
subsection of the CCZ1P is enforced. Your thorough resptonse to these requests
aiL a11,-�r us to adequately consider your consistency concerns 'a_fore the
Secretary -eves ais decisions on the final notice of sale.
:ie belisve t!:at a full exchange of informticn and viaws as outlined s.:Gve :ould
be extremely useful in removing obstacles :which in the past .aay have 1=_d to
conflicts Letween :ne CCC and the X•cartmEnt oc the Interior. auch early
.aunication and consultation is one of the ',8y ,urx-zSs of the C2.1 sot and i e Co'
ands Act :zenclments. It is also vital to sound Jecisionroakking at Loth the state
and federal levels.
sIa lcak forward to yuur response.
J. :Robinson ;Test
Assistant Secretary - 'olicy, Budget
and Administration
Enclosure
C�
EXHIBIT 6
ATEACHMEW 1
Description of assessment of Effects of
OCS Lease Sale 68
In accordance with the Section 307(c)(1) federal consistency provisions of the
Coastal Zone Managenent Act (CZMA) and Subpart C of 15 CPR 930, we have assessed
the possible effects of the Department's pre -lease activities associated with OCS
lease Sale 68 and found that none directly affects the California coastal zone.
The rationale for this finding is set forth below.
We have determined, after a careful review of the Proposed Notice of Sale, that,
in itself, a lease award for any of the tracts listed in the Proposed Notice of
Sale for OCS Sale 68 will neither permit nor require a lessee to undertake an
activity with coastal zone affects. Before the California coastal zone could be
affected by any exploration or development activity, the lessee of any of these
tracts must seek ar.0 receive the approval of Deputy Conservation 'tanager for such
an activity. Therefore we have found, in light of the April 20, 1979 Opinion
of the Department of Justice, the October 10, 1979 opinion of our Solicitor
regarding the plain meaning of the Section 307(c)(1) requirement, and the facts
associated with the proposed lease sale, that none of the terms and conditions
of proposed lease Sale 68 nor the subsequent award of leases for any of these
tracts will directly affect the California coastal zone.
In making this finding, particular attention ;as Paid to the following aspects
of the proposed sale: the stipulations, the final configuration of lease tracts
and the award of leases. Ln general, lease stipulations impose legal requirements
on the lessee. Consequently, the requirements of each proposed stipulation for
this sale were examined. The Secretary's decision to issue the Final _btice
of Sale will identify exactly which tracts will be offered for sale. The
proposed notice provides the best estimates of these tracts. We thus examined
the geographical location of the tracts listed in the proposed notice. The
subsequent award of leases to successful bidders grants them conditional rights.
Therefore, we scrutinized the terms of the potential leases to determine if
lessees would be permitted or required to undertake an activity with coastal
zone effects. ?Tone of these three aspects or any other aspects of the
activities associated with the lease sale were found to directly affect_ the
Coastal zone.
The effects on the California coastal zone which may arise from exploration,
development and production activities associated with Sale 68 are not the direct
effects of leasing decisions. Rather, they are the effects of actions resulting
from subsequent decisions and events, the details of which are in large part
unknown prior to the exploration stage. These post -leasing stage actions are
subject to U.S. Geological Survey permits and thus the rigorous consistency
requirements of Section 307(c)(3).
0
EXHIBIT 6
Attachment 4
0,
�- United States Department of the Interior
. �. OFFICE OF THE SECRETARY
` WASHINGTON, D.C. 20240
Honorable Edmurrl G. Browny Jr. SEP 3 0 1981
Governor of California
Sacramento, California 95814
Dear Governor Brown.
At a Septerber 16, 1981 hearing before the Oceanography Subcorrmittee of the
House Merchant Marine and Fisheries Committee, questions were raised by coastal
state witnesses about the federal consistency provisions of the Coastal Zone
Management Act (a -MA). One of the key concerns expressed was the need for
comprehensive review of early phases of federal activities and consideration
of state views by federal agencies. The witnesses expressed a desire to 1-Ave
such coordination so that potential consistency problems could be- discussed
and if possible resolved at the early planning stages.
We believe that such an exchange of information and views would tr kane£icial to
coastal states and our Department, especially for the Outer Continental Shelf
(CCS) oil and gas program. ConsEquently, in the future our Departzent will
provide ycur state's ZM agency with a copy of each proposed notice of sale
for each OCS sale which affects your state, along with the environmental L.�pact
statement and any otne'r pertinent infor.aaticn. We will request that your state
CZM agency respond by inhcating the particular potential exploration and
develcpment acti'llties and effects that might pose future consistency conflicts
with SpEci.fic erLOrceatle provisions of our Cz F y t1 program. We will then consld_r
this information in our decisions on the content of the final notice of sale.
In essence, we want YOU to ::,xow that under this procedure states will have an
even ;.rare active and significant voice in the planning phase of the OCS program.
We believe that -many state consistency concerns can be understood more fully
and addressed more precisely by such consultation. However, if this
coordination isn't fully suocessful, under the CZKk your state still has
extensive authority to block the issuance of permits for any inconsistent
OCS exploration or developmnt activities. This provides a safeguard to resolve
any rerraining problems.
We want to be a good neighbor, especially in terms of the OCS oil and gas program.
Both the CZM and OCS programs are too important to the nation to allow conflicts
to evolve from misunderstanding and unanswered questions. 14e believe this new
policy is consistent with the spirit of the CZMA and will go a long way to
assuring the cooperation we bath seek. We hope you agree.
Sincerely,
J. Robinson West
Assistant Secretary - policy, Budget
and Administration
I __-) 0 C 0) �*
CALIFORNIA COASTAL COMMISSION J' J
631 Howard Street, San Francisco 94105—(415) 543-8555
October 25, 1978
TO: STATE COMMISSION AND INTERESTED PARTIES
RECS� J
pcv p �rt.ent
�C�C1TY 09��Y
t16WP CAu1e�ACH, \
FROM: WILLIAM BOYD, CHIEF STAFF COUNCIL, AND JOHN GRATTAN, SPECIAL CONSULTANT
SUBJECT: PROPOSED EMERGENCY REGULATIONS TO PROMULGATE PROCEDURES UNDER WHICH THE
COMMISSION WILL CONCUR OR OBJECT TO AN APPLICANT'S "CONSISTENCY" CERTI-
FICATION FOR OUTER CONTINENTAL SHELF (OCS) EXPLORATION AND PRODUCTION
ACTIVITY WHICH MAY AFFECT THE COASTAL ZONE (For Commission consideration
at its meeting of October 31, 1978)
Staff Analysis
Section 307(c) of the Federal Coastal Zone Management Act (CZMA) provides a mechanism
whereby a coastal State which has a Coastal Zone Management Program approved by the
Secretary of Commerce can require a consistency certificate from an applicant for a
Phderal permit or from a person who submits a plan for exploration of or development
or production from the Outer Continental Shelf, if the activities contemplated under
any of the above permits or plans may affect the State's coastal zone. This deter-
mination of consistency must state that the activities which will be undertaken
comply with the State's coastal zone management program and will be conducted -in a
manner consistent with such program.
The coastal State may then concur or object to the applicant's consistency determination.
The applicant's permit or OCS plan activity cannot be approved by a Federal agency if
there is an unresolved objection of the coastal State, unless the Secretary of Commerce
determines that the activity proposed is either consistent with the objectives and
purpose of the CZMA or is necessary in the interest of national security.
This statutory procedure provides an essential mechanism by which a State can ensure
that activities on the OCS affecting its coastal zone which occur under a Federal permit
or,'-OCS plan will not be in conflict with the State's approved Coastal Zone Management
Program. Without this protection a State has no control over many activities, such
as those which occur on the OCS, which may have a great effect on its coastal land
and water uses.
On August 31, 1978, Judge Robert J. Kelleher, of the United States District Court
for the Central District•of California, (American Petroleum Institute, et al. vs
Robert Knecht, et al..), upheld the California Coastal Zone Management Program and
approval by the Secretary of Commerce of the Program.
In doing so, he lifted an order which had prevented the consistency provisions of
Section 307 of the CZMA from going into effect.
Thus, as of August 31, 1978, all applicants for Federal permits or persons submitting
certain OCS plans which may affect the land or water uses of the California coastal
0 -c
-2-
zone must attach a consistency certification to the Federal application. In order
for the State of California to act on these consistency certifications, regulations
which provide for public notice, hearing, and manner of processing consistency deter-
minations must be promulgated. Several OCS plan submissions are imminent. Without
immediate adoption of such regulations, consistency determinations for these major
undertakings cannot be made and the public welfare of the citizens of California will
suffer in that its adopted and approved coastal management plan may not be in effect
to review actions which affect land and water uses in the California Coastal zone.
Regulations will also be needed to set procedures for consistency determinations for
Federal grants, Federal development activities, and Federal permits not inv_olbing OCS
activities. The staff will, at a later date, prepare such draft regulations for the
Commission and the public.
Staff Recommendations
The staff recommends that the Commission adopt the attached Statement of Emergency
and emergency regulation. The Commission may but is not required to hear public
testimony in its consideration of the emergency regulation. If the emergency reg-
ulation is adopted, a fully noticed public hearing must be held within 120 days or
the regulation will expire.
The attached regulation is not yet numbered in proper sequence within the Adminis-
trative Code; thus, the staff recommends that it be directed to fill in the proper
numbers prior to submission to the Secretary of State, and the Rules Committee of
each House of the Legislature, as required by State law.
ye. 1� a
-2-
TITLE 14 - DIVISION 5.5 - CAL11ORNIA COASTAL COMMISSION
Emergency Regulations to promulgate procedures under which the.California Coastal
Commission will concur or object to an applicant's "consistency" certification for
an Outer Continental shelf (OCS) exploration or development and production activity
which may affect the coastal zone.
Statement of Emerqenc
Section 307(c) of the Federal Coastal Zone Management Act (CZMA) provides a mechanism
whereby a coastal State which has a Coastal Zone Management Program approved by the
Secretary of Commerce can require a consistency certificate from an applicant for a
Federal permit or from a person who submits a plan for exploration of or development
or production from the Outer Continental Shelf, if the activities contemplated under
any of the above permits or plans may affect the State's coastal zone. This deter-
mination of consistency must state that the activities which will be undertaken
comply with the State's Coastal Zone Management Program and will be conducted in a
manner consistent with such program.
The coastal State may then concur or object to the applicant's consistency determination.
The applicant's permit or OCS plan activity cannot be approved by a Federal agency if
there is an unresolved objection of the coastal State, unless the Secretary of Commerce
determines that the activity proposed is either consistent with the objectives and
purposes of the CZMA, or is necessary in the interests of national security.
This statutory procedure provides an essential mechanism by,which a State can ensure
that activities on the OCS affecting its coastal zone which occur under a Federal permit
or OCS plan will not be in conflict with the States -approved Coastal Zone Management
Program. Without this protection a State has no control over many activities, such
as those which occur on the OCS, which may have a great effect on its coastal land and
water uses.
On August 31, 1978, Judge Robert J. Kelleher, of the United States District Court
for the Central District of California, (American Petroleum Institute, et al. vs
Robert Knecht, at al.), upheld the California Coastal Zone Management Program and
approval by the Secretary of Commerce df the Program.
In doing so, he lifted an order which had prevented the consistency provisions of
Section 307 of the CZMA from going into effect.
Thus, as of August 31, 1978, all applicants for Federal permits or persons submitting
certain OCS plans which May affect the land or water uses of the California coastal
zone must attach a consistency certification to the,Federal application. In order
for the State of California to act on these consistency certifications, regulations
which provide for public notice, hearing, and manner of processing consistency deter-
minations must be promulgated. Several OCS plan submissions are imminent. Without
immediate adoption of such regulations, consistency determinations for these major
undertakings cannot be made and the public welfare of the citizens of California will
suffer in that its adopted and approved coastal management plan may not be in effect
to review actions which affect land and water uses in the California Coastal Zone.
CALIFORNIA COASTAL COMMISSION PROCEDURES FOR CONSISTENCY DETERMINATIONS FOR OCS
EXPLORATION AND DEVELOPMENT OR PRODUCTION PLANS AND FOR FEDERAL PERMITS
I. OCS Plans
11. Definition
The term "applicant" means any individual, corporation, partnership,
association, or other entity organized or existing under the laws of any
State, the Federal government, any State, regional, or local government,
or any entity of such Federal, State, regional or local government, who
submits to the Secretary of the Interior, following management program
approval, an OCS plan which describes in detail Federal license or permit
activities.
§2. Preliminary Submissions
a. At least 30 days prior to submission to the Pacific Area Oil and Gas
Supervisor, United States Geological Survey (USGS - Supervisor), of any
plan required to be submitted under the Outer Continental Shelf Lands Act
(43 USC 1331 at sec.) for the exploration, development or production of
areas leased under that Act, any applicant wishing to undertake such activ-
ities in areas adjacent to California waters shall submit to the Executive
Director of the Commission a description of all activities required to be
described in detail in the OCS plan which- affect coastal land and water
uses. This shall include*at minimm% activities requiring the following
federal approvals:
USGS - Department of the interior
- Approval of offshore drilling operations
- Approval of design plans for the installation of platforms
- Approval of gathering and flow lines
The following'OCS,�related Federal license activities are 9ncouraged to be
included, if they will be required in connection with the OCS activity,
Department of Defense - U.S. Army Corps of Engineers
o Permits and licenses required under Sections 9 and 10 of the Rivers
Harbors Act of 1899
o Permits and licenses required under Section 103 of the Marine Protection,
Research and Sanctuaries Act of 1972
o Permits and licenses required under Section 404 of the Federal Water
Pollution Control Act of 1972 and -amendments
o Permits for artificial islands and fixed structures located on the
Outer Continental Shelf (Rivers and Harbors Act of 1899 as extended
by 43 U.S.C. 1333(f))
Department of the Interior -•Bureau of Land Management - USGS
o Permits and licenses required for drilling and mining on public lands
(BLM)
o Permits for pipeline rights -of -way on the Outer Continental Shelf
L ir� 0
-3-
o Permits and licenses for rights -of -way on public lands
Environmental Protection Agency
o Permits and licenses required under Sections 402 and 405 of the
Federal Water Pollution Control Act of 1972 and amendments
o Permits and applications for reclassification of land areas under
regulations for the prevention of significant deterioration (PSD)
of air quality
Department of Transportation - U.S. Coast Guard
o Permits for construction of bridges under 33 USC 401, 491-507 and
525-534
o Permits for deepwater ports under the Deepwater Port Act (P.93-627)
Federal Energy Regulatory Commission
o Certifications required for interstate gas pipelines
o Permits or licenses for construction and operation of facilities
needed to import, export or transship natural gas or electrical energy
b. The Executive Director shall also provide the applicant with a copy of
the California Coastal Zone Management Plan.
93. Review of Environmental Report for Sufficiency of Information
The Executive Director shall review the advance copy of the environmental
report for the subject OCS activity, which is required to be forwarded to
the Commission by the Supervisor. If he determines that the environmental
report does not contain the information required by 30 CFR 250.34-3(a) for
exploration plans or by 30.CFR 250.34-3(b) for production and development
plans, he shall inform the Supervisor within 10 days of receipt of the
environmental report.
554. Submission of Consistency Certification
a. The applicant shall,submit to the Executive Director of the Coastal
Commission the OCS plan, with accompanying consistency certification for
all major activities required to be described in detail in the plan and
identified in section 2(a) of these regulations, and the environmental
report as approved by the Supervisor pursuant to 30 CFR 250.34-1(b)(2)
for exploration plans or 30 CFR 250.34-2 for development and production
plans.
b. The consistency certification for all major activities involved in
the OCS plan as required by 4(a) above shall be in the following form:
The proposed activities described'in detail in this plan comply
with California's approved coastal management program and will
be conducted in a manner consistent with such program.
c. The applicant shall also include (1) a brief assessment relating
the probable coastal zone effects of each of the enumerated activities
and their associated facilities to the relevant elements of the program
policies of the California Coastal Zone Management Plan (CCZMP); and
(2) a brief set of findings derived from the assessment indicating that
-4-
each of the enumerated activities (e.g. drilling, platform placement), and
its associated facilities (e.g. onshore support structures, offshore pipe-
lines), and its primary effects (e.g. air, water, waste discharges, erosion,
wetlands, beach access implants) are consistent with the mandatory provisions
of the CCZMP.
d. Upon request of the applicant, the California Coastal Commission staff
will provide assistance in preparing the assessment and findings required
in §4(c) (1) and (2) of these regulations.
e. The Executive Director may request additional data as permitted under
Department of Interior regulations (30 C�F,Rp 250,36) from the applicant
if he deems it necessary for a complete and proper review. The applicant
shall comply with such request within 10 days of its receipt or shall in-
dicate within 10 days reasons why the request cannot be complied with.
95. Staff Summary and Hearing Notice
Upon receipt of the OCS plan, environmental report, consistency determination
and the accompanying fundings and assessments and any other information which
the Executive Director deems necessary, the Executive Director shall:
a. Prepare a staff summary of the applicants' findings and assessments and
send the summary to the applicant, the Assistant Administrator for Coastal
Zone Management, National Oceanic and Atmospheric Administration (Assistant
Administrator), the Department of Commerce, the affected Regional Commission,
local governments, state agencies, and other interested parties.
b. Schedule a State Coastal Commission public hearing on the applicant's
consistency determination findings and assessments and the staff summary,
giving appropriate notice to all interested parties, with particular emphasis
on informing the coastal area which will be -affected. The notice shall announce
the availability for inspection of the applicant's consistency certificate and
findings. The state and regional agencies responsible for air and water quality
compliance shall be notified and provided the opportunity to present their
agencies' positions before the Commission hearing. Such hearing shall be set
for a regular Costal Commission meeting not later than the 42nd day after
receipt of the documents required by Section 4. All public hearings shall be
scheduled with a view toward allowing adequate public distribution of the in-
formation contained in the staff's summary and recommendation and toward allowing
public participation and attendance at the hearing, while affording the appli-
cant expeditious consideration of consistency determinations.
96. Contents of Summa
The summary shall: (1) list the major activities listed in the OCS plan, for
which a consistency determination, assessments and findings have been required,
(2) discuss the effect of these activities and their associated facilities, and
their effects on land and water uses in,the coastal zone, (3) discuss the con-
sistency of such activities and related effects with the relevant policies of
the CCZMP. The summary shall also specifically list all other Federal permits
for which consistency findings have not been enclosed and for which future
consistency determinations will be required under Section 12 of these regulations.
97. Conduct of Hearing on Staff Recommendations or a Consistency Determination
The Commission shall be the final decision maker on consistency determinations
and shall conduct de novo hearings on consistency determinations substantially
in accordance with the applicable procedures for permit hearings set forth in
Sections 13057 through 13096, excluding Sections 13071, 13085, and 13087 of
these Regulations.
98. Regional Commission Role
The affected Regional Commission(s) may wish to conduct hearings prior to
the Commission hearing, and based on those hearings present testimony at the
Commission hearing. Upon written request by a Regional Executive Director,
the Executive Director may extend for an additional 30 days the 42-day time
period for its hearing required by Section S above in order to allow a full
hearing at the Regional Commission level. Any Regional Commission hearings
shall also be conducted substantially in accordance with Sections 13064-
13096 of these regulations.
99. Final Commission Decision
The Commission shall issue a decision on whether the applicant's consistency
certification complies with the CCZMP; i.e., whether it "concurs" or "objects"
to the applicant's consistency certification, at the earliest practicable
time and in no event more than 6 months from the date of receipt of such consis-
tency certification and required information" -(see Section 3 of these regulations).
If a Commission decision has not been reached within 3 months of such receipt,
the Executive Director shall notify the Assistant Administrator of
the status of review and the basis for further delay. A Commission decision
which objects to an•applicant's consistency certification shall be accom-
- panied y a statement indicating: �(1) the effect which the actvity will
have 'on coastal land and water uses, (2) how the activity is iY onsistent
with a specific CCZMP policy or policies, and (3) alternative ieasures (if they
e,asLJ wnicn wouia make the proposed activity consistent with CCZMP policies.
If a decision to object is based upon grounds that the applicant has not
provided information required under Section (4) above, and requested by the
Executive Director under Section 4(e), the nature of the information requested
and the necessity of that information for a consistency determination must be
described. When the Commission objects to the applicant's consistency deter-
mination, the decision shall include a statement indicating the applicant's
right of appeal to the Secretary of Commerce. The Commission shall notify
the applicant, the Supervisor, and the Assistant Administrator of its decision
by sending a copy of its Final Decision to them.
910. Appeals Procedure
Any applicant who wishes to appeal to the Secretary of Commerce a Commission
objection to a consistency determination shall immediately send a copy of the
appeal and accompanying documents to the Executive Director of the Commission.
The Executive Director shall prepare detailed comments to the Secretary of
Commerce within 30 days of receipt of the appeal. These comments shall be the
subject of Commission discussion with opportunity for public comment, and the
comments of the Commission may be sent to the Secretary of Commerce in the
appeal process or presented orally if the Secretary schedules a hearing. This
procedure shall also be followed if the Secretary of Commerce pursues an inde-
pendent review of the consistency of an OCS activity.
911. Required Amendments
Any amendments to an OCS plan which must be submitted as a result of
Commission objection to consistency of an OCS activity shall be processed
as if such amendment were a new plan; i.e. Sections 1-9 of these regulations
apply, except that the Commission must make its decision within 3 months of
receipt.
112. Multiple Permit Review
a. Applicants are strongly encouraged to include with OCS plans and with
consistency certifications required to be submitted to the Commission in
accordance with Section 4 of these regulations, detailed descriptions,
consistency determinations, findings and assessments and other supporting
data for other permits required in connection with OCS-related activities,
but not required to be described in detail in OCS plans by the Secretary of
the Interior (e.g. Corps of Engineer or EPA permits, or the other permits
listed in Section 2 of these regulations). Where consistency determinations
and related rindings and assessments are made for' all required Federal - —
permits connected with an OCS plan, the applicant shall so state and con-
solidated consistency review for these Federal permits will take place at
the same time and under the same procedures as review of major activities
required to be described in detail in OCS plans (Sections 1-11 of these
Regulations).
b. If consistency determinations and related assessments and findings for
all OCS related Federal permits are not included with an OCS plan and
consistency determination, the applicant shall state which Federal permits
have not been included. The Commission will review those permits which are
not included separately. The final decision of the Commission for consis-
tency determinations of OCS plan activities shall state which Federal permits
have not been included and which therefore must be reviewed separately.
c. The applicant and the Coastal Commission shall comply with Sections 1-11
of these regulations in processing consistency determination which have not
been included with OCS plans, except that:
1) The applicant shall submit his description of permit activities for the
Executive Director's review (Section 2) 30 days prior to the application
for the Federal permit.
2) An environmental report as described by 30 CFR 250, 34-3(a) and3(b)
need not be submitted, if one which covered the subject permit activity
was previously submitted under section 3 of these regulations, or if
the Executive Director is satisfied that the applicant has provided
sufficient information concerning the environmental effects of the
permit activity to adequately review the project as if it were a
coastal permit under the CCZMP.
3) Wherever there is a requirement to notify the Supervisor, notification
shall also be sent to the chief of the Federal permit agency.
TO:
FROM:
CALIFORNIA COASTAL COMMISSION
631 Howard Street, San Francisco 94105 —(415) 543-8555
October 4, 1978
STATE COMMISSIONERS
WILLIAM AHERN, PORTS AND ENERGY COORDINATOR
SCS o�o
�Qo�P��F•
SUBJECT: "CONSISTENCY" DETERMINATIONS ON OCS PLANS
(Subject of a staff briefing at the October 16-18 meeting.)
SYNOPSIS
Due to a recent federal court decision, the Coastal Commission can now
implement the "consistency" provisions of the federal Coastal Zone
Management Act. The Interior Department and other federal agencies
cannot grant permits or licenses for oil company.activities on the outer
Continental Shelf affecting land and water uses in the coastal zone
unless the Commission'concurs that the activities arp "consistent" with
the California Coastal Management Program.
OCS lease sales may be activities subject to this "consistency" juris-
diction. This memo presents general background and procedures for
implementing."consistency" with respect to OCS activities. Emergency
regulations are being developed by staff for Commission consideration
in November. •
Federal Legislative Requirements. Section 307(c)(3)(B) of the federal Coastal
one Management Act CZMA , which is implemented by the Secretary of Commerce)
provides:
(B) After the management program of any coastal state has been approved by the
Secretary under Section 306, any person who submits to the Secretary
of the Interior any plan for exploration or development of, or produc-
tion from, any area which has been leased under the Outer Continental
Shelf Lands Act (43 U.S.C. 1331, et secs .) and regulations under such
Act shall, with respect to any expToration, development, or production
described in such plan and affecting any land use or water use in the
coastal zone of such state, attach to such plan a certification that
each activity which is described in detail in such plan complies with
such state's approved management program and will be carried out in
a manner consistent with such program. No Federal official or agency
shall grant such person any license or permit for any activity described
in detail in such plan until such state or its designated agency receives
a copy of such certification and plan, together with any other neces-
sary data and information, and until --,
0
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i
(i) such state or its designated agency, in accordance with the procedures
required to be established by such state pursuant to subparagraph (A),
concurs with such person's certification and notifies the Secretary
and the Secretary of the Interior of such concurrence;
concurrency by such state with such certification.is conclusively
presumed as provided for in subparagraph (A), except if such state
fails to concur with or object to such certification within
three months after receipt of its copy of such certification and
supporting information, such state shall provide the Secretary,
the appropriate federal agency, and such person with a written
statement describing the status of review and the basis for
further delay in issuing a final decision, and if such statement
is not so provided, concurrence by such state with such certi-
fication shall be conclusively presumed; or
(III) the Secretary finds, pursuant to subparagraph (A), that each activity
which is described in detail in such plan is consistent with the
objectives of this title or is otherwise necessary in the interest of
national security
This Section of the CZMA relates only to "consistency" determinations for OCS Plans
that are under the jurisdiction of the interior Department. Other sections relate
to other federal agency activities, licenses, permits and funding assistance which
are not discussed in this memo. The above quoted section basically means that
the Interior Department cannot grant an approval for petroleum exploration or
development activities on the federally owned Outer Continental Shelf (OCS) off-
shore the California coastal zone until either the State Coastal Commission
concurs with an oil company's determination that the OCS activities proposed are
consistent with the California Coastal Management Program (CCMP), or the Secretary
of Commerce overrides a Coastal Commission objection to an activity proposed in an
OCS Plan because it is not consistent with the CCMP. Secretary of Commerce can
override such an abjection and permit Interior to approve the activity by finding
that the oil company's proposed activity is consistent with the objectives of the
federal Coastal Zone Management Act or is necessary in the interest of national
security.
U.S. District Court Decision. The Secretary of Commerce approved the California
Coastal Management Program CCMP) in November 1977. That approval was challenged
in the U.S. District Court, Central District of California, by the American
Petroleum Institute, Western Oil and Gas Association and individual oil companies.
District Judge Robert.J. Kelleher enjoined the Coastal Commission from implementing
the Section 307 "consistency" provisions while he considered the case. His
August 30, 1978, decision (No. CV 77-3375-RJK) ruled against the oil companies on
all points and affirmed the Secretary of Commerce's approval of the CCMP. Therefore,
Section 307 of the CZMA became effective for California after the decision. This
memo presents staff's understanding of how the "consistency" determinations are
to be made on OCS plans pursuant to the CZMA, federal Section 307 implementing
regulations, the CCMP, and Interior Department regulations.
Interior Department OCS Licenses and Permits Subiect to "Consistency" Review. The
federal regulations governing implementation of Section 307 consistency" reviews
are contained in 15 Code of Federal Regulations (CFR) Part 930 (Federal Register
W , • -3-
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Volume 43, No. 49, March 13, 1978, p. 10517.e� sew ). The regulations specifically
exempt sales of OCS leases to oil companies from the types of OCS licenses and
permits subject to "consistency" requirements under the CZMA's section-' on OCS
plans 15 CFR 930.51). However, at present the Department of Commerce considers
OCS leases as federal agency activities subject to a different set of "consisten-
cy" procedures. (See Note at ena ofmemo.)
Activities subject to "consistency" review are OCS Plans, which are defined as:
The term "OCS plan" means any plan for the exploration or development of, or
production from, any area which has been leased under the Outer Continental
Shelf Lands Act (43 U.S.C. Section 1331..et.se .), and the regulations under
that Act, which is submitted to the Secretary of the Interior following
management program (CCMP) approval and which describes in detail Federal
license or permit activities (Paragraph 930.73(a)). The CCMP lists the
specific OCS activities that will be subject to the certification process
for "consistency" as follows:
"(c) Federal Licenses and Permits Described in Detail in OCS Plans.
The following Federal agency licenses and permits will be subject to the
certification process for consistency with the management program under
Section 307(c)(3)(b) of the CZMA if the activity being licensed or
permitted is described in detail in an OCS exploration or development plan
and affects land or water uses in the coastal zone:
Department of the Interior - U.S. Geological Survey
Approval of offshore drilling operations.
Approval of design plans for the installation of platform.
Approval of gathering and flow lines.
Any other OCS-related Federal license or permit activities described in
Paragraph (b)(i) (for example, BLM pipeline rights -of -way on the OCS)
which USGS determines should be described in detail in OCS Plans."
(The California Coastal Management Program, Part II, Chapter II in
State of California Coastal Management Proaram and Final Environmental
t Statement, U.S. Department of Commerce, National Oceanic a
pheri—'c Administration, Washington, D.C. August 1977)
For the OCS leased offshore California, federal governmental approvals are given
by the Interior Department's U.S. Geological Surveys Conservation Division,
Pacific Area Oil and Gas Operations Office in Los Angeles (here called USGS).
The Corps of Engineers grants permits for placing OCS structures in navigable
waters, and EPA grants National Pollutant Discharge Elimination System (NPDES)
permits for water pollutant discharges from OCS activities. The "persons"
who submit OCS plans to the USGS for approval and permit applications to the
Corps and EPA are the oil companies designated as the operators of OCS tract
leases (here called operator).
Procedures for "Consistencv" Review of OCS Plans. The procedures for OCS Plan
consistency review result from combining the requirements of the Commerce
Department's "consistency" regulations (15 CFR Part 930), the Interior Depart-
ment's OCS Plan review and approval regulations (30 CFR Part 250.34, being
-4- 0
revised), the CCMP, and the Coastal Commission's permit processing regulations
(Title 14, Division 5.5, Chapter 5, California Administrative Code). The oil
company operator makes the "consistent certification when submitting an OCS
Plan for approva . The CCMP as approved by the Secretary of Commerce states that
"Consistency certifications for OCS plans will be processed as much as possible
as if they were applications for coastal permits under the Coastal Act and its
implementing regulations to allow for timely public notice and hearings." (CCMP,
p. 93). The CCMP further provides that concurrence or objections to operators'
OCS Plan "consistency" certifications will be made by the State Coastal Commis-
sion, in close consultation with affected local governments, even after local
coastal programs are certified and local governments have the coastal development
permit authority in their jurisdictions. Emergency regulations establishing
"consistency" review procedures, including provisions for Regional Commission
Involvement, are currently being prepared and will be presented to the Commission
for review and possible adoption at the first November meeting. Because the
procedures for "consistency" review will be different for OCS plans for explo-
ratory drilling and for OCS plans for actual petroleum production, processing
and transportation, the procedures are described separately below.
PROCEDURES*
A. OCS Plans o_fEx Exploration. An operator must submit a Plan of Exploration to the
USGS for approval before drilling on leased OCS tracts to determine whether
producible amounts of oil or gas are present. Such exploratory drilling is rela-
tively temporary, involving the anchoring ,of a moveable drillship or semi -sub-
mersible drilling structure over an OCS area for a number of months while a well
is drilled. With Coastal Commission "consistency" review, the full approval
procedures are as folloi4s:
1. The operator should consult with the Coastal Commission to obtain views and
assistance regarding means for assuring that activities listed in the explo-
ration plan are "consistent" with the CCMP (15 CFR 930.75(a)).
2. The operator works with other federal agencies which must grant OCS explora-
tion plan related permits or licenses (e.g. Corps of Engineers, EPA) and de-
velops information and "consistency" certifications for all OCS exploration
activities which are subject to Coastal Commission "consistency" review. The
operator is encouraged to submit the set of "consistency" certifications so
the Coastal Commission can conduct a consolidated "consistency" review of all
activities for which the operator needs federal approvals. (15 CFR 930.82).
3. The operator submits to the USGS an environmental report which describes the
exploration plan activities and how they will affect land and water uses in
the coastal zone and makes a "consistency" certification (30 CFR 930.76-7).
(i.e. operator says why it believes activities are consistent with the CCMP
policies)
4. The USGS sends the environmental report to the Coastal Commission where staff
determines, within ten days, if the operator has included the information
required under Interior Department regulations. Coastal Commission staff
inform the USGS if there are information deficiencies, If the USGS agrees
there are deficiencies, the operator must correct them before formally sub-
mitting -the exploration plan to the USGS for approval.
*"Consistency" review is required only for OCS Plans submitted to Interior after
August 31, 1978, (15 CFR 930.73a).
-5-
5. The operator then submits the exploration plan environmental report and
"consistency" certification at the same time to both the USGS and the State
Coastal Commission (30 CFR 250.34). The operator must include the assessment
relating the probable coastal zone effects of the activities and a set of
findings indicating that the proposed activities, and their effects, are
all consistent with the provisions of the California Management Program
(15 CFR 930.77). The USGS conducts an environmental assessment of the
exploration plan pursuant to the National Environmental Policy Act.
6. Simultaneous with environmental review by USGS, the State Coastal Commission
reviews the exploration plan for "consistency" as follows, using "consistency"
regulations and some coastal development permit procedures:
(a) a staff summary and recommendation are sent to interested parties;
(b) a noticed public hearing is held on the staff recommendation at a regular
Commission meeting;
(c) the Commission may take "consistency" concurrence or objection action after
the hearing or defer action to a subsequent meeting within three months
of receipt of the "consistency" determination (15 CFR 930.63b);
(d) if no decision is made within three months, the Coastal Commission must
notify the operator, Secretary of Commerce, and USGS of the basis of
further delay (15 CFR 930.63b). Without such notification, concurrence
by the Commission is conclusively presumed;
(e) if the Commission takes no action within a total six months, concurrence
is conclusively,presumed;
(f) The Commission may object to the operator's consistency certification for any
proposed activity and must notify the operator, USGS and the Commerce
Department of the objection. An objection must describe how the activity
is inconsistent with specific elements of the CCMP and alternative measures,
if possible, that would permit the activity to be consistent with the CCMP.
The Commission and operator may agree on conditions that would permit
Commission concurrence (15 CFR 930.64),.
7. After Commission action, the following steps may occur:
(a) if the Commission concurs with the operator's "consistency" certification
for all activities, the USGS and other federal ggencies may issue permits
and licenses for the activities; or
(b) if the Commission objects to the operator's "consistency" certification for
one or more proposed activities, no federal license or permit can be issued
for that activity.
Appeals. In the event of a continuing Coastal Commission objection, the USGS,
anot er federal agency, or the operator may appeal the objection to the Secretary
of Commerce. The appeals regulations require time limits, public hearings,
exchanges of comments, and findings that the Secretary must make to permit a
federal permit or license for an activity to which the Coastal Commission has
objected. The required findings for overriding the objection include: the activ-
ity objected to furthers a competing.national purpose; its adverse effects are not
0
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P
substantial enough to outweigh its contribution to the national interest; and there
are no reasonable alternatives or conditions which would enable the activity to be
"consistent" with the CCMP (15 CFR 930 Subpart H).
If the Secretary sustains the Coastal Commission objection, the operator must
submit an amended exploration plan to the USGS and Coastal Comnisiion, with modi-
fications to ensure it is "consistent" with the CCMP.
Before appealing, the federal agencies or operator may request that the Secretary
of Commerce mediate a dispute about an objection.
B. OCS Plans of Development. OCS development plans include a wide range of
activities, including: proauction facilities such as platforms and subsea well
completions; oil and gas storage facilities; petroleum transportation facilities
such'as gathering pipelines, pipelines to shore and tanker terminals; offshore
or onshore oil and gas treatment and processing equipment and facilities; and
supporting facilities such as onshore storage and staging areas. Any OCS plan
associated with the proposed development of petroleum resources would have to
generally follow the same procedures for approval as a plan of exploration.
However, in contrast with the review of OCS exploration plans, current USGS
approval procedures for OCS developments offshore California do not seem to
involve one discrete approval of a full plan for developing an OCS petroleum
field. Rather, the process is more like a flow of reviews and approvals. The
first step may be conceptual approval of platform location and design, because
an operator must place a platform construction' order a few years in advance of
needing it on location. Later the operator presents locations and more detailed
designs for gathering lines, pipelines, storage and other facilities. The plan
of_development submitted to USGS can include a number of processing and trans-
portation alternatives. The alternatives can 6e as Broad as' conducting all 'proces-
sing and transportation offshore on the OCS or onshore. When an operator proposes
developments within the State's jurisdiction, Coastal Commission and local govern-
ment and other agency permits are required, along with a certified environmental
impact report.
Unless an OCS development plan, includes sufficient information to allow Commis-
sion review of the entire development program, it appears that an operator will
have to obtain a sequence of State Coastal Commission concurrences with "con-
sistency" certifications prior to the different major USGS development approvals.
The number could be as few as two - one on the location and conceptual design of
the production facilities and one on the full development plan submitted to USGS
for purposes of NEPA review and final approval, or could involve several "con-
sistency reviews for more complex developments.
These procedures will be further defined in discussions with the USGS, Office of
Coastal Zone Management, OCS operators and other interested parties.
Local Government Participation in "Consistency" Reviews. The CCMP provides that
local governments that may be affected y OCS developments will have the oppor-
tunity to present to the State Commission their determinations of "consistency"
with the Commission certified local coastal programs. They can also participate
in the Commission deliberations on concurrence or objection to OCS operator's
"consistency" certifications. Under the CCMP, the Commission will make the final
determination on "consistency" to be sent to the operators, Department of Commerce,
and Department of Interior.
• -7
requiring a "consistency" review wiii p
ration plan involving drilling two expl
locations are in the northbound Gulf of
the Ports of Los Angeles and Long Beach
ronmental report, which was prepared by
putting "consistency" into effect.
Reviews. The first OCS plan of exploration
obably be submitted by Chevron for an explo-
ratory wells from a drillship. Both well
Catalina vessel traffic lanes leading to
(Figure 1). Staff has reviewed the envi-
Chevron prior to the District Court ruling
The first OCS development plan to be reviewed for "consistency" will probably be a
stage of Shell's proposed Beta Unit development, also -in the Gulf of Catalina
(Figure 2). The initial stage includes an oil processing platform, Elley, and a
production platform, Ellen, connected by a 200 foot bridge about nine miles off
Huntington Beach. The proposed platforms location is in the separation zone
between the two vessel traffic lanes of the Gulf of Catalina Traffic Separation
Scheme. The part of the development under direct California jurisdiction is part
of a*pipeline from the processing platform to the Port of Long Beach. The Port
and State Lands Commission are co -lead agencies in developing the environmental
impact report on the project under AB884 deadlines and CEQA. The USGS has not yet
granted any approvals for Shell's Beta Unit development activities.
ce o
proposed activitiesp only as
The OCS operator's
in the California
coastal zone, must be consistent with the approved caiitornia uoastai management
Program CCMP, P. 93). The policies that constitute the standards for deter-
mining "consistency" with the CCMP are presented in Chapter 3 of the CCMP. They
are essentially the same policies in Chapter 3 of the California Coastal Act of
1976 that govern the permissibility of all proposed coastal developments.
Capsules of the major policies that would relate to OCS plan activities and the
corresponding sections in the Coastal Act are:
Marine and Land Resources rotection: protect the biological productivity
of all species in coastal waters Section 30230); protect against the
spillage of crude oil and provide effective containment and cleanup
facilities and procedures for oil spills (Section 30232); and site and
design developments to avoid significantly degrading environmentally sen-
sitive areas (Section 30240).
Development policies: site and design developments to protect views to
and along the ocean and scenic coastal areas (Section 30251); design
tanker facilities to minimize oil spills and vessel collisions (Section 30261a);
do not site platforms or islands where a substantial hazard to vessel traffic
might result (Section 30262); and be consistent with requirements imposed by
an air -pollution control district or the State Air Resources Control Board
(Section 30252(3)).
OCS Lease Sales and "Consistency" Requirements. As mentioned previously, federal
actions subject to "consistency" review fall into four categories: federal agency
activities; activities requiring a federal license or permit; OCS exploration
and development activities; and federal assistance to state and local governments.
Interior Department sales of OCS tract leases to oil companies for petroleum
exploration and development definitely do not come under the last three categories,
but they may be a federal agency activity subject to Commission consistency
review under Section 307(c)(1) of the CZMA, which provides:
It
PORTS -OF IOS ANGELES O �N
<.. 14D LONG sEACIi
IE
.-te
•ty• I yi/i
,._ Northbound Vessel Traffic
{ t 1 Lane
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2Ak O- OF; TWO M.0POh E CI�9FAN .
UMMT Y WWELIS
_a .p•.y lJ.f1c
i
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WHITE
� r��''•o,,��� SEAL BEACH
FREE�,\AN CHAFFEE
' LOfIG BEACH HARBOR •,,�
MONTERE ESTHER
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. r
• � w
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r `
. w `
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w
w
r 1
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s
r
w
1 1' i :• • i:•t �+'��''''
253 \ •'s S0. GAL,:
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FIGURE 2
SHELL BETA UNIT DEVELOPMENT
li
HUNTINGTON
HARBOR
BUNTING'
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-10-
Each Federal agency conducting or supporting activities directly affecting
the coastal zone shall conduct or support those act v ties in a manner
which is, to the maximum extent Rracticable, consistent with approved state
management programs. emphas s added)
There are some differences in the "consistency" certification and review pro-
cedures that apply to these federal agency activities than to oil company OCS
lease operators activities (930 CFR 930.50 et sec.). Essentially, it is the
federal agency that makes the consistency determination, and the Commission has
up to 90 days for review before concurrence is conclusively presumed.
Interior Department OCS Lease Sales, with the attached lease stipulations, would
require Commission "consistency" concurrence if the sale of an OCS tract for
petroleum exploration and development is considered an activity directly affecting
the coastal zone. The discussion of comments accompanying the National Oceanic
and Atmospheric Administration's (NOAA) final consistency regulations (in FR.
Volume 43, No. 49, P. 10512, March 13, 1978) contains the following paragraph:
"In the preamble to the proposed regulations, NOAA discussed a disagree-
ment between the Commerce and Interior Departments over whether Interior's
Outer Continental Shelf lease sale actions, which include tract selection
and choice of lease stipulations, constituted a "Federal activity" subject
to the requirements of this Subpart. This issue is still under consideration
by the Administration and will most likely be addressed during Congressional
oversight of the Federal consistency provisions of the Act."
This issue has not to date been resolved. In the absence of a Presidental or
Congressional resolution of this disagreement, the Commission may decide whether
to consider an OCS lease sale such an "activity" and to convey that judgment to
the Secretary of Interior. OCS Lease Sale #48, scheduled for June 1979, could be
affected by this judgment. Since the Commission must adopt regu1•ations imple-
menting consistency reviews and since an OCS lease sale is scheduled for the
near future, the Executive Director will write appropriate federal Administration
officials requesting resolution of the disagreement as soon as possible.
CALIFORNIA COASTAL COMMISSION
631 Howard Street, San Francisco 94105—(415) 543-8555
RECEtV6ll
Co •.'nunity
9 Dev wv,ncllF
�1•npt.
October 4, 1978 ppi 111$7BW-
NEWFORTo OP,
CAO
TO: STATE COMMISSIONERS
FROM: WILLIAM AHERN, PORTS AND ENERGY COORDINATOR
SUBJECT: NOTES TO "STAFF REPORT ON THE INTERIOR DEPARTMENT'S
DRAFT ENVIRONMENTAL STATEMENT ON PROPOSED OCS LEASE SALE #48,"
SEPTEMBER 14, 1978
(For Commission Consideration at a public hearing at the
October 16-18, 1978 meeting.)
The staff makes the following additions to the September 14, 1978, Staff Report on
OCS Lease Sale #48:
1. The Commission recommends to the Bureau of Land Management that it delete from
the Lease Sale that portion of OCS tract 075 presently recommended by the
Commission as the most appropriate site for a possible offshore liquefied
natural gas terminal (Ventura Flats SE). The Offshore LNG Study states:
"Any future oil development would need to be restricted to areas beyond one
nautical mile of the terminal to allow for an acceptable buffer zone and
safe operations." (p. 43). Because of the increased vessel traffic and navi-
gation risks that would occur if OCS activities were carried on immediately
adjacent to the LNG terminal site, the Commission recommends that portions
of tract 075 Tying within one nautical mile of the proposed offshore LNG
site be excluded to leave this area available for possible LNG terminal use.
2. The Commission recommends that leasing conditions be imposed on tracts or
portions of tracts lying within the Vessel Traffic Separation Schemes in
the Gulf of Catalina. The conditions should prevent fixed structures being
placed in the vessel traffic lanes. Seven tracts are affected by this recom-
mendation.
Interior Department Interior Department Hearings
Bureau of Land Management (BLM) will hold six days of hearings on the Draft Environ-
mental Statement:
October 23-24 in Santa Barbara at the Lobrero Theater
33 E. Canon Perdido
October 26-27 in Long Beach at the Long Beach Convention Center
California Room, 300 E. Ocean Boulevard
October 31-Nov. 1 in San Diego at the Convention and Performing Arts Center
Copper Room, 202 C Street
• ALIFORNIA COASTAL COMMISSI001
631 Howard Street, San Francisco 94105 - (415) 391-6600
November 3, 1978
CONSISTENCY CERTIFICATION SUMMARY -AND STAFF RECOMMENDATION
Consistency Certification No. CC-1-78
(Chevron USA)
3 Month Period Ends: JAN. 20, 1979
6 Month Period Ends: APRIL 20, 1979
APPLICANT FOR FEDERAL PERMITS: Chevron USA, Inc.
J
FEDERAL PERMITS FOR WHICH COMMISSION U. S. Geological Survey Exploratory
CONCURRENCE WITH APPLICANT'S CONSISTENCY Well Drilling Permits; OCS Exploration
CERTIFICATION IS REQUIRED: Plan
FEDERAL PERMIT ACTIVITY LOCATION:
FEDERAL PERMIT ACTIVITY DESCRIPTION:
PUBLIC HEARING AND VOTE:
SUBSTANTIVE FILE DOCUMENTS:
Chevron Environmental Report (Exploration)
for proposed exploratory tells P-0306-1
and P-0309-1
Chevron Exploration Plan for proposed
exploratory tells P -0306-1 and P-0309-1
Oil Spill Contingency Plan P-0296 as
revised 10/15/78
Staff Note: Consistency
in the Gulf of Catalina on COS Parcels 306
and 309, about 3.1 and 12 miles south -
met of Huntington Beach.
Drilling two yells, P-0309-1 and P-0306-11
to explore for oil and gas from a move-
able anchored drillship, the Glomar
Atlantic
Public hearing and possible action
scheduled for Commission's November
14-15 meeting in Santa Barbara.
Under regulations which implement the Federal Coastal Zone Management Act, the
United States Geological 8urvey,Eavironmental Protection Agency, and Corps of
Engineers can not grant a permit for any activity described in an Cuter Continental
Shelf (OCS) Plan of Exploration until the Coastal Commission concurs with a
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certification by the oil company applicant that the activity is consistent with
the California Coastal Management Program (CMP). The Commission and appli-
cant may agree to modifications to the plan as a condition of Commission
concurrence with the consistency certification. If the Commission objects
to the oil company's consistency certification, it must list each activity
of the Plan to which it objects, explain how it conflicts with provisions
of the CMP, and describe alternative measures, if they exist, to make the
activity consistent with the CMP.
A Federal permit for an OCS activity can be granted, despite Commission
objection, only if the Secretary of Commerce finds the activity consistent
with the purposes and objectives of the Coastal Zone Management Act or
necessary in the interests of national security.
The consistency provisions of the Coastal Zone Management Act went into effect
for California on August 31, 19781 the date on which the approval by the
Secretary of Commerce was upheld in Federal District Court. As of August 31,
19782 all applicants for Federal permits for OCS plan activities which are
listed in the CMP and which may affect land or water uses of the California
coastal zone must certify that the activities in the plan will be carried out
in a manner consistent with CMP. Drilling these two exploratory wells on the
OCS is the first Federal permit activity for which Commission concurrence with
a consistency certification is required. The Commission may review only the
well drilling activities because they are subject to U.S. Geological Survey
permits. The placement of the drillship itself in the vessel traffic lane is
not subject to Commission review because Chevron applied for the required Corps
of Engineers permit to place the drillship in navigable waters prior to August
31, 1978.
1. Proiect Description. The proposed project is the drilling of two exploratory
wells from the drillship Glomar Atlantic (Exhibit 1) about 11 and 12 miles
southwest of Huntington Beach on Outer Continental Shelf Parcels 306 and 309
(Exhibit 2) Wbl]. No. 1 on P-306 will be drilled in 1465 feet deep water to a
depth of 7000 feet below the sea floor; Well No. 1 on P-309 will be drilled in
1740 feet deep water to a depth 7400 feet below the sea floor. The drilling
sites are located within the northbound vessel traffic lane in the Gulf of
Santa Catalina Traffic Separation Scheme. .
The drillship will be anchored at each site for about 40 days. Cn the ship
is a 35-foot high oil well drilling rig. The well drilling equipment includes
blowout prevention equipment, and the drillship carries oil spill containment
and cleanup equipment.
2. Applicant's Consistency Certification and Findings
Chevron states that "The proposed activities described in detail in this OCS
exploration plan do not significantly affect the coastal zone of the State of
California. The proposed activities comply with the State of California's
Coastal Management Program and will be conducted in a manner consistent with such
program." Chevron states that the impact of drilling two exploratory wells is
"negligible in magnitude and temporary in nature."
Chevron further finds that their Oil Spill and Emergency Contingency Plan protects
against the spillage of crude oil, gas petroleum products, and hazardous sub-
stances and provides effective containment and cleanup facilities and procedures
for any accidental spills which may occur. Chevron states that the Contingency
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Plan complies with U.S. Geological Survey Pacific Region OCS Order No. 7
(Exhibit 3.) regulating oil spill equipment and procedures for OCS operations.
Chevron questions whether Section 30232 of the Coastal Act, cited in Chapter
3 of the CDT,, addressing the spillage of crude oil, gas, petroleum products
and hazardous substances, is applicable to exploratory wells drilling, which.
Chevron contends, does not have a significant effect on the coastal zone.
STAFF RECOMMENDATION
The staff recommends that the Commission adopt the following resolution:
I. Concurrence
The Commission hereby concurs with the Consistency Certification made
by Chevron USA, Inc. for the proposed activities, because Chevron USAr.Inc.
agrees to the condition below to insure that the activities will be carried out
in a manner consistent with the California Coastal Management Program.
II. Condition
The Commission concurrence with Chevron's Consistency Certification is
not effective until Chevron commits, in writing to the U. S. Geological Survey
and the Coastal Commission, to provide on the drillsbip a package of oil spill
containment and cleanup equipment able to handle spills on the open ocean.
This package shall include, at a minimum:
a) 1500 feet of open ocean containment boom with a weighted
skirt extending at least 23 inches into the water.
b) an oil recovery device ("skimmer") suitable for open ocean
recovery. Chevron, by letter dated November 11 1975, has
agreed to this condition (Exhibit 4)-
III. Findings and Declarations
The Commission finds and declares as follows:
A. Protection Against Spillage of Crude Oil. In the United States
only about one in ten exploratory hells finds commercial amounts of petroleum.
The proposed wells, however, have a much higher chance of finding petroleum
because Shell has already discovered and plans to develop an oil field on the
OCS parcels 300 and 301. The tentative boundaries for this Beta Oil Field
extend into the two Chevron leased COS parcels on which these two wells are to
be drilled (Exhibit 1). Therefore,there is a high probability the hells will
discover oil and gas. There will then be a risk of a well blowout and attendant
oil spill. Such a spill may reach the California coast and damage marine
life, scenic areas, and recreational uses of the coast.
Because of this risk, the proposed drilling operations must be consistent with
Section 30232 of the Coastal Act, incorporated in Chapter 3 of the Coastal
Management Program, which states:
Protection against the spillage of crude oil, gas, petroleum products
or hazardous substances shall be provided in relation to any
development or transportation of such materials. Effective con-
tainment and cleanup facilities and procedures shall be provided
for accidental spills that do occur.
-4-
Protection against spillage of oil from well blowouts, leakage, or discharge
of materials is regulated by U.S. Geological Survey Pacific RegLon CCS Orders
No. 2 and 7. The OCS Orders require different types of blowout prevention
equipment, pollution control equipment; and personnel tests, notification
procedures and other measures. Implementation of these orders does not
necessarily protect against oil spills. If a spill does occur, the first set.of
equipment deployed would be on the drillship itself. Chevron submitted a list
of spill prevention and control equipment in its oil Spill and Ibergency
Contingency Plan (Exhibit 4). This equipment appears outmoded and suitable only
for containing oil spills in sheltered harbor waters, not on rougher waters
12 miles from shore. The Slickbar oil boom extends only about 4 inches above
and 7 inches below the water surface, making it comparatively easy for wind or
current driven oil to splash over and move- under the boom. While precise
criteria do not exist, the Commission believes that an oil spill containment
boom would need to have a combined draft and freeboard of at least 30 inches to
be considered capable of functioning effectively in commonly —occurring open —
ocean sea conditions.
The Commission finds that Chevron USA must agree to Condition 11 providing for
more effective open ocean spill containment and cleanup equipment on the drill —
ship in order for the Commission to concur that Chevron provides effective spill
containment and cleanup facilities. Chevron has agreed to this condition.
For the proposed exploratory drilling activities the Commission has reviewed
only the equipment and procedures aboard the drillship. After drilling and
testing each well, the well will be shut—in. Oil would not be produced until
a development plan has been reviewed, and the Commission would review the
additional equipment and procedures available to cope with oil spills at that
time. (The oil spill, contingency planning framework for offshore Southern
California is discussed in a staff note at the end.)
Staff Note: No Commission Review of Navigational Safety Issue.
To anchor a drillship in navigable waters, a permit must be obtained from the
U. S. Army Corps of Drgineers. The Corps permit activity is on the list of
activities in the CMP that may affect the coastal zone, so in the future the
Corps can not grant such a permit without Commission consistency concurrence.
The Corps reviews the impacts on navigational safety of placing any structure
in navigable waters. Because Chevron applied for the Corps permit to place
the drillship before August 31, 1978, the Corps permit activity — placing the
drillship — does not come under Commission consistency review. The Commission
can not review navigational safety in the context of the U.S. Geological
Survey permits, because those permits are only for drilling individual wells
from the drillship, not for locating the drillship in navigable waters. Be—
cause placement of the drillship in the vessel traffic lane is a controversial
issue, this note explains the current federal regulatory framework for permitting
such placements.
The two d3?111 sites proposed by Chevron are located within the northbound lane
of the Gulf of Santa Catalina Traffic Separation Scheme (Exhibit 1),(GSC TSS).
The Corps has granted Chevron the permit to conduct these drilling operations.
The presence of a fixed structure — such as an anchored drillship — within a
designated vessel traffic lane poses a significant hazard to navigation, in that
it creates the threat of ramminge and vessel collisions within the lanes.
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If an oil tanker is involved, the resulting oil spill could be substantial.
The Draft Environmental Statement for OCS Lease Sale #48 estimates (p. 767)
that•2.8 collisions or rammings will occur off Soutbem California in the next
14 years as a cumulative result of Lease Sale #48 and the three previous Southern
California OCS Lease Sales. In the Gulf of Mexico, for which more complete
recoreds are available, 31 collisions and rammings are known to have tarn
place between 1962 and 1975. At least one of these accidents involved a tanker
ramming a production platform, which .resulted in six deaths and a large oil spill.
Prior to COS Lease Sale *35 in 1975, the U.S. Coast Guard requested that the
Corps of Engineers designate the Gulf of Santa Catalina Traffic Separation
Scheme (GSC TSS) vessel traffic lanes and a 500-yard strip on both sides of each
lane as a Safety Fairway. Within a Safety Fairway, the installation of fixed
structures — whether permanent or temporary — is prohibited. Hence, neither
exploratory drilling rigs nor production platforms are permitted,within a Safety
Fairway.
The Corps took no action on the Coast Guard's request at that time, and stated
its belief that exploratory drilling within the Gulf of Santa Catalina TSS
should be undertaken before the establishment of a Safety Fairway would be
considered. In OCS Lease Sale #35, the Department of Interior sold oil and gas
leases for seven tracts lying partially or entirely witn the Gulf of Santa
Catalina TSS, and for one tract lying in the Precautionary Area at the entrance
to Los Angeles and Long Beach harbors.
Following OCS Lease Sale #35, the Corps consulted with the Coast Guard, Bureau
of Land Management and USGS to devise special regulations to reduce the hazards
posed by exploratory drilling within or near the GSC TSS. "Guidelines" were
issued as final rules on 20 June 1978. The final rules establish the following
conditions for exploratory drilling within the Precautionary Area or within
1/4 mile of the GSC TSS vessel traffic lanes:
(i) Exploratory vessels within a traffic lane will,'to the degree practicable,
be sited near traffic lane boundaries.
(ii) Exploratory vessels within one traffic lane, or in the precautionary area,
shall be separated by at least 8 nautical miles in the direction of the lane axis.
(iii) Exploratory vessels located within the traffic lanes, or the precautionary
area, shall not have their pendant bouys within 3,000 yards, from the pendant
bouys of any other vessel.
(iv) Exploratory rigs and vessels engaged in offshore development may have no
cables, anchors, bouys or other associated equipment within the traffic lanes,
1/4 mile buffer zones, or the precautionary area, at a depth of less than 100 ft.
unless such equipment is marked with a Class 1 bouy in accordance with current
Federal regulations.
To date, 25 exploratory wells have been drilled on the eight tracts overlapping
the GSC TSS and the Precautionary Area. One of these wells (Shell) was drilled on
the tract within the Precautionary Area, and one was drilled within the north-
bound traffic lane (also Shell).
_6-
on June 30, 1978, the Corps issued a public notice proposing to establish the
GSC TSS vessel traffic lanes, together with a 500 meter buffer strip on
both sides of each lane, as Safety Fairways, effective 1 March 1981. Until
that date, the Corps will issue permits for exploratory drilling within the
GSC TSS in accordance with the special "guidelines" described above. The
reason for delaying the effective date of the Safety Fairway until 1981 is
to provide the existing leases with the same five-year primary term for
exploratory drilling as applies to lessees of tracts lying outside of a TSS.
By letter dated 8 September 19789 the current Corps Los Angeles District
Engineer has stated that the effective date of the Safety Fairway will not
be pushed back if additional tracts within the GSC TSS are leased in CCS
Lease Sale #48: "Any tracts that are offered in the COS Lease Sale 0+8 that
fall within the proposed Safety Fairways will have to complete their explora-
tory drilling work prior to March 1981. No drilling rigs will be grandfathered".
Staff Note: Oil Spill Protection ,
Various federal, state, local and private entitles participate in the prevention,
containment and cleanup of oil spills. At the federal level, the U.S. Coast
Guard has ultimate authority over coastal waters and the high seas and administers
the National Oil and Hazardous Materials Pollution Contingency Plan. The Coast
Guard investigates all spills and will direct or supervise the efforts of the
responsible party to clean up the spill. The Coast Guard may itself respond to
the spill or coordinate responses to spills with other federal agencies, state
agencies, and private organizations such as Clean Seas, Inc., Clean Coastal
Waters, or the Southern California Petroleum Contingency Organization.
USGS has developed specific regulations and COS orders regarding oil. spills. OCS
Order No. 7 requires the development of procedures for the protection, prevention,
and cleanup of oil spills, and inclusion of an Oil Spill Contingency Plan in a
Plan of Exploration or Development. OCS Order No. 8 specifies that safety and
pollution equipment will be provided and that scheduled procedures be provided to
test this equipment.
At the state level, an Oil Spill Contingency Plan was established by the Governor
which provides for a state procedure to respond to oil spills as well as a
communications network with federal, state, and local agencies, and industry to
coordinate response to a spill. The Oil Spill Contingency Plan includes an inter-
agency State Support Team chaired by the Secretary of the Resources Agency and a State
Operation Authority, the Director of Fish and Game. The 13 State agencies that
make up the State Support Tema provide manpower for spill cleanup, trailers,
communi.cations,and other equipment. The Coastal; Commission is not a member be-
cause it has no spill control equipment that could be used to respond to an oil
spill.
Local government activities are generally limited to monitoring the operations
and providing onshore logistical support in the form of traffic control and oil
disposal.
IV. Related Commission Actions
In Permit Appeal No. 181-77 (Atlantic Richfield Company) for modification
of existing facilities and installation of new facilities at Ellwood, California,
to increase production capacity from 10,000 bbl/day to 26,000 bbl/day, the
application found no substantial issue with the South Coast Regional Commission's
approving the application with the condition that a qualified representative
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of the Department of Fish and Game or other unit in the Resources Agency
evaluate the inventory of equipment that could be deployed by ARCO, Clean Seas,
Inc., or other cleanup organizations and agencies to handle oil spills, and
the location of that equipment. The Commission also imposed the condition that
the Fish and Game or other representative shall, if available, witness and
evaluate the next unscheduled quarterly drill, conducted after the effective date
of the permit, to test the effectiveness of the oil spill cleanup and containment
equipment and personnel training.
In Permit A-185-77 to the Port of Long Beach (Sohio) to construct three oil
tanker berths, trestle, breakwater, oil pipelines, and other supporting de—
velopment, the Commission granted the permit on the condition that the applicant
or terminal operator arrange a physically simulated oil spill test of at
least 60,000 barrels in order for all appropriate state and federal agencies,
including Fish and Game and the Coast Guard to evaluate the terminal's oil spill
contingency plan, recovery equipment, personnel capability, and coordination with
industry cooperatives and government agencies responsible for responding to iol
spills.
u
DRILLSHIP USED FOR EXPLORATORY WELLS
EXHIBIT 1
.y
•
E
WELL LOCATIONS IN RELATION TO THE BETA OIL FIELD
LONG REACN NARROR
SEAL REACN
0
0 L
Chevron Chevron U.SA. Inc.
575 Market Street, San Francisco, CA 94105
140 Mail Address: P.O. Box 7643, San Francisco, CA 94120
Land Department
Western Region
Mr. William Ahern
California Coastal Commission
631 Howard Street
San Francisco, California 94105
Dear Mr. Ahern:
November 1, 1978
Re: Consistency Certification
Chevron U.S.A. Inc.
OCS P-0306 and 0309
Addendum to pit Spill and
Emergency Contingency Plan
Pursuant to recent discussions with the Commission staff, enclosed please
find the following:
1. Vessel and Equipment Description, Glomar Atlantic - 7 copies.
2. On Site Oil Spill Containment and Control Equipment List - 7 copies.
It is our understanding that Chevron's submission covering proposed exploratory
operations on the above -referenced federal offshore leases is now complete
and that the oil spill containment and control equipment referred to in the
enclosure meats the requirements for staff recommendation of consistency, certi-
fication by the Commission.
BLK:and
Enclosures
Revised List of Equipment Submitted by Chevron, Nov. 1, 1978
Equipment to be available on the Glomar Atlantic
ON SITE OIL SPILL CONTAINMENT AND CONTROL EQUIPMENT
A. Fifteen Hundred (1500) feet of Floating Barrier with 12" fence and 23"
skirt weighted by 3/8" chain; quick connectors; floatable containers
for quick assembly.
B. Open sea, centrifugal pump, 125 gal. per minute floating skimmer, manu-
factured by Skim, Inc.(*) with the following:
1. 1'k HP, 115/230 volt one phase explosion proof electric motor -
General Electric.
2. Flotation base - steel, double dipped, galvanized, with poured in
place foam filling and fiberglass covered with four 12" adjustable
super jumbo outboard floats.
3. 250', 12/3 oil resistant Carrol electric cord connected to motor
and generator complete with "speedy leader" safety connectors.
4. Four each, 50' lengths of 2" PVC semi -rigid discharge hose equipped
with Andrews quick disconnect couplers and adapters.
5. Five each, 12" Standard hose float assemblies.
6. 2501, 3/8" nylon rope tether.
7. Spare Parts:
a. 1'k HP electric motor (same as B.1 above) with motor spacer,
volute and mounting bracket.
b. Homelite Generator, Model 176A, 3500 watts with spark
arrester.
C. Storage tanks with 36,000 gallon capacity. (Skimmer rate allows for
arrival on -site 'of additional storage capacity, as needed, prior to
exhaustion of above.)
D. 240' of absorbent Conwed boom, 2 boxes of Conwed preassembled absorbent
sweeps and 2 boxes of Conwed sweeps.
E. Ten drums of Exxon Corexit concentrated dispersant, 3 drums of Shell
"Herder" dispersant, chemical spray pumps, 2 each on drilling vessel
and work boat.
�
(*) Skim, Inc. won a national award for technological achievement
in the design of their skimmer.
Ship's Service Equipment
1) D.C. Electric Power (for utility service): Three, 125PW,
Delco, D.C. generators, 120/21W volt, powered by three .
�
diesel engines.
2) AC Electric Power (for.desander, mixing pump, etc.): One
250 Y.W, General Electric, AC generator powered by -one
Cumin, VT-12-600 diesel engine, and one 175 KW, AC
generator powered by one Cummins 6 cylinder diesel engine.
3) Crane: Link Belt TO-108
k) Heliport: Limited to Ball 47 series or equivalent
Size: 32' x 32'
.
5)' Living Quarters: For.50 men
6) Service Pumps: Fire, bilge, sanitary, circulating water
II. • pOLLUTIOI1 pREVE MOI7 AIM COMROL EQUIPI13NT
A.
One thousand (1,000) feet of 6" diameter x 10" fin Slickbar oil
boom.
B.
Floating Sea Skimmer, supplied by Skim Inc., 1532 S. Dr.
skim noseSunol to
Los Angeles, CA (213) 263-3629, " "
connect -to the vessel storage tanks.
l C.
240 feet of a sorbent Conweb boomi 2 boxes of Conweb preassembled
absorbent sweeps and 2 boxes of Conweb sweeps.
D. Ten (10) drums of Corexit dislersaut with chemical spray. Pump.
E. An operations plan for deploying the boom and skimmer -and using
chemicals (when approved) will be on board the CUSS #1 and vessel
operators will be trained to use this equipment by staging "dry
runs" (practice drills) prior to start of drilling operations.
F. One 52000 gpd Demco aeration -type biological sewage treatment
plant with post -dry chlorination system for processing domestic
wastes.
G. One - 10,000 gallon capacity surge tank and one-10 gpm gravity -
type, oil -water separator for deck drain treatment.
H. Vessel is equipped with storage containers for contaminated drill
cuttings for ultimate onshore disposal.
I. Drilling operations will be monitored by a "Mad Logging" unit
which has the capability of detecting any oil contamination
in the drilling fluid.
J. Vessel is equipped with refuse containers for ultimate onshore
disposal.
Y
CALIFORNIA COASTAL COMMISSION
631 Howard Street, San Francisco 94105—(415) 543.8555
tiyA�
November 7, 1978 2 oo,� 01 11j
To: State Commission and Interested Parties
From: William Boyd, Chief Staff Counsel and John Grattan, Special Consultant
Subject: Response to Comments Received on Proposed Emergency Regulations Dealing
With Consistency Certification for Cuter Continental Shelf Exploration
and Development Plans
Staff Analysis
Testimony presented during the hearing on the proposed regulations dealing with
consistency certification for OCS exploration and development plans, and subsequent
written comments focused on two issues: (1) Does the federal Coastal Zone Management
Act require a preliminary determination that an OCS activity will have a "significant
effect" on land and water uses in a state's coastal zone in order to determine whether
consistency review is even applicable to a particular OCS activity? (2) Should con-
sistency review be made specifically applicable to air quality resources as well as
"land and water uses"? Staff's response to these two questions is set forth below in
the order presented.
1. Jurisdiction to Review OCS Activities
The question raised regarding whether or not a preliminary determination of "significant
effect" must be made can be answered by examining the wording of the federal Coastal
Zone Management Act. Section 307(c) (3)(B) of the Coastal Zone Management Act provides
as follows:
After the management program of arV coastal state has been approved
... under Section 306, any person who submits to the Secretary of the
Interior any,plan for the exploration or development of, or production
from, any area which has been leased under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331, at seq.) and regulations under.such Act
shall, with respect to any exploration, development, or production de-
scribed in such plan and affecting any land use or water use in the
coastal zone of such state, attach to such plan a certification that
each activity which is described in detail in such plan complies with
such state's approved management program and will be carried out in a
manner consistent with such program. (emphasis added)
Staff believes that it is essential to distinguish between the question of whether the
Commission has jurisdiction to review an COS activity and the question of whether an
OCS activity will be given consistency approval. The statute clearly differentiates
between the standard used to determine whether a particular activity is snb'a— to
consistency review (i.e. activities "affecting any land use or water use in the coastal
zone of such state") and the standards to apply in determining whether the activity
can be approved ("complies with" the management program and "will be carried out in a
manner consistent with such program"). Thus, if an activity affects the state's
coastal zone, the activity, is subject to consistency review. The question of how
significant the effect is and whether the effect is positive or negative is deter-
mined through consistency review.
If the Commission were required to make a determination of significant
effect in every instance where an activity might be subject. to consistency review,
the Commission would be required to provide the equivalent of two complete permit
hearings for every OCS activity; the first hearing would determine the "significant
effect' issue and the second hearing would determine whether the COS activity is in
fact consistent with the California coastal management program. This approach would
not only require massive commitments of Commission review time but would also be in
conflict with the the statutory standards and the review system set forth in the
management program submitted by the State of California to the federal government.
The activities described in the regulations are those activities which the State of
California stated in its submittal to the federal government would be treated in the
following manner: "Federal license and permit activities described in detail within
exploration of development plans for COS areas adjacent to California waters that
have been leased under the Cuter Continental Shelf Lands Act, will be subject to
certification and State review." (see 15 OFR 930.74)
In order to expedite the review of OCS activities, it may prove desirable for the
Commission to establish categories of OCS activities that may be reviewed adminis-
tratively by the Executive Director of the Commission rather than by the Commission
itself. Staff requests suggestions by interested parties as to which categories of
OCS activities might be reviewed administratively rather than through Commission
review. Any categories of OCS activities proposed for administrative review will be
presented to the Commission for inclusion in these regulations within the four month
time frame required by state law for making these emergency regulations permanent
regulations.
2. "Land and Water Uses"
During its testimony at the last Commission hearing, the Natural Resources Defense
Council suggested that the term "land and water uses" be "broadened" to include air
quality impacts. The significance of this comment is that the scope of the phrase
"land and water uses" determines the range of OCS activities that will be subject to
consistency review and could also be viewed as implying the types of resource concerns
that should be addressed in consistency review. Staff believes that the suggestion
by NRDC should not be incorporated into the regulations because the Coastal Zone
Management Act itself already clearly establishes that a state's air quality program
is incorporated by reference into the state's coastal management program. Section
307(f) of the Coastal Zone Management Act provides that "any requirement (1) estab-
lished by the Federal Water Pollution Control Act, . . . or the Clean Air Act . . .,
or (2) established by the Federal Government or by any state or local government
pursuant to such acts . . . shall be incorporated in any program developed pursuant
to this title and shall be the water pollution control and air pollution control
requirements applicable to such program." (emphasis added).
Staff has phrased the standards for Commission jurisdiction and for consistency
review in the language of the Coastal Zone Management Act itself because the language
of the statute is clear�on its face. When the statute talks about activities affect-
ing ".EU land use or water use" (emphasis added), it is obvious that air quality
impacts on land and water uses would be included within the scope of OCS impacts that
would be considered. A state's air quality program is not an abstract program orient-
ed toward protecting air quality itself but is instead designed to protect the quality
of air required to maintain natural areas, agricultural activities and, at a basic
level, a standard of air quality that will allow for continued human activity in
metorpolitan areas, including the use of land resources for industrial production.
-3-
0
If the phrase "affecting any land use or water, use in the coastal zone" is not
interpreted as including air quality concerns, Section 307(f) of the Coastal Zone
Management Act (quoted above) would be meaningless.
For the above reasons, staff concludes that air quality concerns are clearly within
the purview of consistency review. It is the view of staff that the "broadening" of
statutory language is unnecessary where the statute clearly embraces a resource pro-
tection concern and where the "broadening" of the statutory language could be construed
as implying that the concern in fact is not embraced within the basic meaning of the
statute and requires an administrative "broadening".
Staff Recommendation:
The staff recommends that the Commission adopt the attached proposed emergency
regulation. This proposed regulation is essentially the same as that presented
to the Commission at the October 24th meeting with some minor changes which are
indicated by underlining additions to and striking through deletions from, the
new draft.
TITLE 14 - DIVISION 5.5 - CALIFORNIA COASTAL COMMISSION
Emergency Regulations to promulgate procedures under which the -California Coastal
Commission will concur or object to an applicant's "consistency" certification for
an Outer Continental Shelf (OCS) exploration or development and production activity
which in" affect the coastal zone.
Statement of Emergency:
Section 307(c) of the Federal Coastal Zone Management Act (CZMA) provides a mechanism
whereby a coastal State which has a Coastal Zone Management Program approved by the
Secretary of Commerce can require a consistency certificate from an applicant for a
Federal permit or from a person who submits a plan for exploration of or development
or production from the Outer Continental Shelf, if the activities contemplated under
any of the above permits or plans may affect the State's coastal zone. This deter-
mination of consistency must state that the activities which will be undertaken
comply with the State's Coastal Zone Management Program and will be conducted in a
manner consistent with such program.
The coastal State may then concur or object to the applicant's consistency determination.
The applicant's permit or OCS plan activity cannot be approved by a Federal agency if
there is an unresolved objection of the coastal State, unless the Secretary of Commerce
determines that the activity proposed is either consistent with the objectives and
purposes of the CZMA or is necessary in the interests of national security.
This stat•itory procedure provides an essential mechanism by which a State can ensure
that activities on the OCS affecting its coastal zone which occur under a Federal permit
or OCS plan will not be in conflict with the State's approved Coastal Zone Management
Program. Without this protection a State has no control over many activities, such
as those which occur on the OCS, which may have a great effect on its coastal land and
water uses.
On August 31, 1978, Judge Robert J. Kelleher, of the United States District Court
for the Central District of California, (American Petroleum Institute, at al. vs
Robert Knecht, et al.), upheld the California Coastal Zone Management Program and
approval by the Secretary of Commerce of the Program.
In doing so, he lifted an order which had prevented the consistency provisions of
Section 307 of the CZMA from going into effect.
Thus, as of August 31, 1978, all applicants for Federal permits or persons submitting
certain OCS plans which mdy affect the land or water uses of the California coastal
zone must attach a consistency certification to the Federal application. In order
for the State of California to act on these consistency certifications, regulations
which provide for public notice, hearing, and manner of processing consistency deter-
minations must be promulgated. Several OCS plan submissions are imminent. Without
immediate adoption of such regulations, consistency determinations for these major
undertakings cannot be made and the public welfare of the citizens of California will
suffer in that its adopted and approved coastal management plan may not be in effect
to review actions which affect land and water uses in the California Coastal Zone.
a _2_ 0
CHAPTER 10 —FEDERAL CONSISTENCY DETERMINATIONS
Subchapter 1
eMEF6RN-1A-e6ASt2AB COiU.IISSION PROCEDURES FOR CONSISTENCY DETERMINATIONS FOR OUTER
CONTINENTAL SHELF(OCS)EXPLORBTION AND. DEVELOPMENT OR PRODUCTION PLANS, AND FOP OCS
RELATED FEDERAL PERMITS
13660 -4k. Definition
The term "applicant" means any individual, corporation, partnership,
association, or other entity organized or existing under the laws of any
State, the Federal government, any State, regional, or local government,
or any entity of such Federal, State, regional or local government, who
submits to the Secretary of the Interior, following management program
approval, an OCS plan which describes in detail Federal license or permit
activities.
13660.1 42. Preliminary Submissions
a. At least 30 days prior to submission to the Pacific Area Oil and Gas
Supervisor, United States Geological Survey (USGS - Supervisor), of any
plan required to be submitted under the Outer Continental Shelf Lands Act
(43 USC 1331 et se=0 for the exploration, development or production of
areas leased under that Act, any applicant wishing to undertake such activ-
ities in areas adjacent to Califoania waters shall submit to the Executive
Director of the Commission a description of all activities required to be
described in detail in the OCS plan which affect coastal land and water
uses. This shall include�at minimum,activities requiring the following
federal approvals:
USGS - Department of the Interior
- Approval of offshore drilling operations
- Approval of design plans for the installation of platforms
- Approval of gathering and flow lines
The following'OCS-related Federal license activities are encouraged to be
included, if they will be required in connection with the OCS activity.
Department of Defense - U.S. Army Corps of Engineers
o Permits and licenses required under Sections 9 and 10 of the Rivers
Harbors Act of 1899
o Permits and licenses required under Section 103 0£ the Marine Protection,
Research and Sanctuaries Act of 1972
o Permits and licenses required under Section 404 of the Federal Water
Pollution Control Act of 1972 and amendments
o Permits for artificial islands and fixed structures Iodated on the
Outer Continental Shelf (Rivers and Harbors Act of 1899 as extended
by 43 U.S.C. 1333(f))
Department of the Interior --Bureau of Land Management - USGS
o Permits and licenses required for drilling and mining on public lands
(BLM)
o Permits for pipeline rights -of -way on the Outer Continental Shelf
10
-3-
o Permits and licenses for rights -of -way on public lands
Environmental Protection Agency
o Permits and licenses required under Sections 402 and 405 of the
Federal Water Pollution Control Act of 1972 and amendments
o Permits and applications for reclassification of land areas under
regulations for the prevention of significant deterioration (PSD)
of air quality
Department of Transportation - U.S. Coast Guard
o Permits for construction of bridges under 33 USC 401, 491-507 and
525-534
o Permits for deepwater ports under the Deepwater Port Act (P.93-627)
Federal Energy Regulatory Commission
o Certifications required for interstate gas pipelines
o Permits or licenses for construction and operation of facilities
needed to import, export or transship natural gas or electrical energy
b. The Executive Director shall also provide the applicant with a copy of
the California Coastal Zone Management Plan.
13660.2 -'}r Review of Environmental Report for Sufficiency of Information
The Executive Director shall review the advance copy of the environmental
report for the subject OCS activity, which is required to be forwarded to
the Commission by the supervisor. If he determines that the environmental
report does not contain the information required by 30 CFR 250.34-3(a) for
exploration plans or by 30.CFR 250.34-3(b) for production and development
plans, he shall inform the Supervisor within 10 days of receipt of the
environmental report.
13660.3 -44r Submission of Consistency Certification
a. The applicant shall,submit to the Executive Director of the Coastal
Commission the OCS plan, with accompanying consistency certification for
all major activities required to be described in detail in the ntan and
identified in section Poe} 13360.1(a) of these regulations, and the
environmental report as,soon-as it is- approved-b,., the Supervisor pursuant
to 30 CFR 250.34-1(b) (-2 (1)for exploration plans or 30 CFR 250.34-2
(b)(1) for development ana nroducti=—.-fans. -
b. The consistency certification -for -all major activities -involved in the
OCS plan as required by s 9{n} 13660.4 above shall be in the following
form:
The proposed activities described•in detail in this plan comply
with California's approved coastal management program and will
be conducted in a manner consistent with such program.
c. The applicant shall also include (1) a brief assessment relating
the probable coastal zone effects of each of the enumerated activities
and their associated facilities to the relevant elements of the program
policies of the California Coastal Zone Management Plan (CCZMP): and
(2) a brief set of findings derived from the assessment indicating that
each of the enumerated activities (e.g. drilling, platform placement), and
its associated facilities (e.g. onshore support structures, offshore pipe-
lines), and its primary effects (e.g. air, water, waste discharges, erosion,
wetlands, beach access implants) are consistent with the mandatory provisions
of the CCZMP.
d. Upon request of the applicant, the California Coastal Commission staff
will provide assistance in preparing the assessment and findings required
in 84(c) (1) and (2) of these regulations.
e. The Executive Director may request additional data as permitted under
Department of Interior regulations (30 COF.R8 250.36) from the applicant
if he deems it necessary for a complete and proper review. The applicant
shall comply with such request within 10 days of its receipt or shall in-
dicate within 10 days reasons why the request cannot be complied with.
13660.4 ftT. Staff Summary and Hearing Notice
Upon receipt of the OCS plan, environmental report, consistency determination
and the accompanying fundings and assessments and any other information which
the Executive Director deems necessary, the Executive Director shall:
a. Prepare a staff suuwary of the dpplicants' findings anti assessments and
send the summary to the applicant, the Assistant Administrator for Coastal
."one Management, Natural oceanic and Atmospheric Administration, Department
of Commerce, (Assistant Administrator), the Department of Interior and other
relevant Federal agencies, the affected Regional Commissions,local
governments, state acencies, and other interested Parties.
b. Schedule a State Coastal Commission public hearing on the applicant's
consistency determination findings and assessments and the staff summary,
giving appropriate notice to all interested parties, with particular emphasis
on informing the coastal area which will be.affected. The notice shall announce
the availability for inspection of the applicant's consistency certificate and
findings. The state and regional agencies responsible for air and water quality
compliance shall be notified and provided the opportunity to present their
agencies' positions before the Commission hearing. Such hearing shall be set
for a regular Costal Commission meeting not later than the 42nd day after
receipt of the documents required by Section 4. All public hearings shall be
scheduled with a view toward allowing adequate public distribution of the in-
formation contained in the staff's summary and recommendation and toward allowin<
public participation and attendance at the hearing, while affording the appli-
cant expeditious consideration of consistency determinations.
13660.5 -94. Contents of Summary
The summary shall: (1) list the major activities listed in the OCS plan, for
which a consistency determination, assessments and findings have been required,
(2) discuss the effect of these activities and their associated facilities, and
their effects on land and water uses in.the coastal zone, (3) discuss the con-
sistency of such activities and related effects with the relevant policies of
the CCZMP. The summary shall also specifically list all other Federal permits
for which consistency findings have not been enclosed and for which future
consistency determinations will be required under Section 12 of these regulation:
13660.6 97. Conduct of Hearing on Staff Recommendations or a Consistency Determination
The Commission shall be the final decision maker on consistency determinations
and shall conduct de novo hearings on consistency determinations substantially
in accordance with the applicable procedures for permit hearings set forth in
Sections 13057 through 13096, excluding Sections 13071, 13085, and 13087 of
these Regulations.
-5-
13660.7 -Pa,- Regional Commission Role
The affected Regional Commission(s) may wish to conduct hearings prior to
the Commission hearing, and based on those hearings present testimony at the
Commission hearing. Upon written request by a Regional Executive Director,
the Executive Director may extend for an additional 30 days the 42-day time
period for its hearing required by Section 5 above in order to allow a full
hearing at the Regional Commission level. Any Regional Commission hearings
shall also be conducted substantially in accordance with Sections 13064-
13096 of these regulations.
13660.8 -97. Final Commission Decision
The Commission shall issue a decision on whether the applicant's consistency
certification complies with the CCZMP; i.e., whether it "concurs" or "objects"
to the applicant's consistency certification, at the earliest practicable
time and in no event more than 6 months from the date of receipt of such consis-
tency certification and required information'(see Section 3 of these regulations)
If a Commission decision has not been reached within 3 months of such receipt,
the Executive Director shall notify the Assistant Administrator of
the status of review and the basis for further delay. A commission decision
which objects to an applicant's consistency certification shall be accom-
panied by a statement indicating:) (1) the effect which the actvity will
have on coastal land and water uses, (2) how the activity is ironsistent
with a specific CCZMP policy or policies, and (3) alternative -easures (if they
WV"" waxe the proposes acrivicy consistent with CCZMP policies.
If a decision to object is based upon grounds that the applicant has not
provided information required under Section (4) above, and requested by the
Executive Director under Section 4(e), the nature of the information requested
and the necessity of that information for a consistency determination must be
described. When the Commission objects to the applicant's consistency deter-
mination, the decision shall include a statement indicating the applicant's
right of appeal to the Secretary of Commerce. The Commission shall notify
the applicant, the Supervisor, and the Assistant Administrator of its decision
by sending a copy of its Final Decision to them.
13660.9 -11a- Appeals Procedure
Any applicant who wishes to appeal to the Secretary of Commerce a Commission
objection to a consistency determination shall immediately send a copy of the
appeal and accompanying documents to the Executive Director of the Commission.
The Executive Director shall prepare detailed comments to the Secretary of
Commerce within 30 days of receipt of the appeal. These comments shall be the
subject of Commission discussion with opportunity for public comment, and the
comments of the Commission may be sent to the Secretary of Commerce in the
appeal process or presented orally if the Secretary schedules a hearing. This
procedure shall also be followed if the Secretary of Commerce pursues an inde-
pendent review of the consistency of an OCS activity.
-6- A
13660.10 11r. Required Amendments
Any amendments to an OCS plan which must be submitted as a result of
Commission objection to consistency of an OCS activity shall be processed
as if such amendment were a new plan; i.e. Sections 1-9 of these regulations
apply, except that the Commission must make its decision within 3 months of
receipt.
13660.11 �T. Multiple Permit Review
a. Applicants are strongly encouraged to include with OCS plans and with
consistency certifications required to be submitted to the Commission in
accordance with Section 4 of these regulations, detailed descriptions,
consistency determinations, findings and assessments and other supporting
data for other permits required in connection with OCS-related activities,
but not required to be described in detail in OCS plans by the Secretary of
the Interior (e.g. Corps of Engineer or EPA permits, or the other permits
listed in Section 2 of these regulations). Where consistency determinations
and related rindings and assessments are made for all required Federal
permits connected with an OCS plan, the applicant shall so state and con-
solidated consistency review for these Federal permits will take place at
the same time and under the same procedures as review of major activities
required to be described in detail in OCS plans (Sections 1-11 of these
Regulations).
b. If consistency determinations and related assessments and findincs for
all OCS related Federal permits are not included with an OCS plan and
consistency determination, the applicant shall state which Federal permits
have not been included. The Commission will review those permits which are
not included separately. The final decision of the Commission for consis-
tency determinations of OCS plan activities shall state which Federal permits
have not been included and which therefore must be reviewed separately.
c. The applicant and the Coastal Commission shall comply W#,h Sections 1-}}
3,3660=343660.10 of these regulations in processing consistency determination
which have not been included with OCS plans, except that:
1) The applicant shall submit his description of permit activities for the
Executive Director's review (Section 2) 30 days prior to the application
for the Federal permit.
2) An environmental report as described by 30 CFR 250, 34-3(a) and3(b)
need not,be submitted, if one which covered the subject permit activity
was previously submitted under section 3 of these regulations, or if
the Executive Director is satisfied that the applicant has provided
sufficient information concerning the environmental effects of the
permit activity to adequately review the project as if it were a
coastal permit under the CCZMP.
3) Wherever there is a requirement to notify the Supervisor, notification
shall also be sent to the chief of the Federal permit agency.
IN REPLY REFER TO
United States Department of the Interior 1792
BUREAU OF LAND MANAGEMENT
Pacific OCS Office
300 N. Los Angeles St., Rm. 7127
Los Angeles, California 90012
Bob Lenard
City of Newport Beach
3300 Newport
Newport Beach, California 92660
Dear Mr. Lenard:
r�EIS #48
i"
21 X.
MAY 15 1978
As part of our continuing effort to provide local government and other
interested groups and agencies an opportunity to be involved in the
writing and review of the Draft Environmental Statement (DES) for proposed
OCS Sale No. 48, we invite you to participate in a review of Chapter III,
Environmental Impact of the Proposed Sale; Chapter IV, Mitigating Measures
Included in the Proposed Action; Chapter V, Unavoidable Adverse Impacts;
Chapter VI, Relationship Between Local Short -Term Use and Maintenance
and Enhancement of Long -Term Productivity; Chapter VII, Irreversible and
Irretrievable Commitment of Resources; Chapter VIII, Alternatives to the
Proposed Action; from June 19, 1978 to June 28, 1978. Comments received
after July 12, 1978 will be considered for the Final ES.
The preliminary draft of those chapters will be available at the Orange
County Environmental Management Agency, 811 North Broadway, Santa Ana,
California.
Please contact Mr. Robert Montgomery of the Environmental Management
Agency or Herbert Emrich of my staff for any questions or assistance
that you may need.
Sincerely,
Manage , t
SCorn
Rgc VEd
0evel U�nItj
t MAY 171978a.
N�WPOOF
4' CAUF NCH,
Save Energy and You Serve America!
•
9 to
• 6
0 •
OCS areas are issued as National
b. Notices to Lessees and Operators
need to supplement or modify
with written confirmation, which
OCS Orders. In those instances
A Notice to Lessees and Opera-
certain requirements of OCS
in his judgment threatens imme-
where requirements are neces-
tors is a formal notification to all
Orders, Notices to Lessees and
diate, serious, or irreparable
sarily different to accommodate
lessees or operators within a
Operators, or Field Drilling
harm or damage to aquatic life,
special situations peculiar to op-
particular OCS Area which (1)
Rules to pursue the proper plan
property, the leased deposits,
erations in each area, these re-
provides clarification or interpre-
of action. As a means of recog-
other valuable mineral deposits,
quirements are set forth as ap-
tation of an OCS Order, regula-
-nizing these special circum-
or the environment. Such emer-
pendices to the particular Na-
tion, or lease stipulation, or (2)
stances, approval of a proposed
geney suspensions continue until
tional Order pertaining to that
requires implementation of a spe-
plan may be granted pending
terminated by action of the Su -
subject. These Orders and ap-
cial •lease stipulation -contained
TT
fulfillment of special require-
pervisor.
pendices are revised to meet new
in the -lease contract. These='No-
l
ments or conditions necessitated
5. Review of Plans and Applications
technological discoveries and im-
tices to Lessees and Operators
by these situations. These condi-
All proposed operations are reviewed
provements, changes in the regu-
are issued by the Area Oil and
tions are stated in a letter grant-
by Geological Survey personnel in ac-
lations, or for other reasons.
Gas Supervisor after approval of
ing approval of the plan, or are
cordance with applicable Geological
The five -step procedure followed
the Conservation Division Chief,
attached to the approved plan re-
Survey or Department of the Interior
in the development or revision of
and apply only to a particular
turned to the operator. The con-
regulations, rules, and guidelines and
an OCS Order is as follows:
OCS area or part thereof. Copies
ditions of approval may require
the provisions of the National En-
i. A "Notice of Intention" in
are available to Federal, State,
additional safety measures, noti-
vironmental Policy Act and the
the Federal Register states
and local agencies, the general
fication of the District or Area
Coastal Zone Management Act. This
that a new Order or a re-
public, and other interested par-
Supervisor before commence-
review procedure ensures that provi-
vision of an existing Order
ties.
ment or upon completion of cer-
sions exist for adequate equip -
is being considered by the
c. Field Drilling Rules
tain operations, submission of ad-
ment, qualified personnel are used,
Geological Survey and solic-
When sufficient geologic and en-
ditional test data, or the filing of
safe working environments exist,
its
its comments by interested
information is ob-
reports in a different manner or
automatic sensors and detection de -
.parties.
tained through exploratory and
time period. Operators and les-
vices are properly deployed, auto -
ii. A draft copy of the Order or
initial development drilling, op-
sees must comply with these con-
matte shut-in systems exist, and per -
revision is prepared and re-
erators may make application, or
tons in the same manner as
sonnet awareness of the need and ire -
viewed by appropriate Geo-
the Area Supervisor may require
with Orders, regulations,
with
of safety and pollution -pre -
logical Survey personnel and
an application, for the establish-
and other applicable rules.
her
vention
vention is stressed. Pollution -con -
submitted to other Federal
ment of Field Drilling Rules to
e. Other Directives
tingency plans relating to the posi-
and State agencies for re-
be followed during subsequent
In accordance with 30 CFR Part
tioning of cleanup equipment must
view; it is then published in
developmental drilling. Field
250.12, the Supervisor is author-
provide an acceptable response time
the Federal Register.
Drilling Rules are issued by the
ized to issue any other orders and
in the event of a pollution incident.
iii. All comments on this draft
Area Supervisor to establish the
rules necessary to regulate op-
During its review procedure, the
are reviewed and the order
optimum safety requirements for
erations effectively, and to pre-
Geological Survey may consult other
modified when needed. Ra-
all drilling and completion prat-
vent damage to, or waste of, any
Federal and State agencies. No plan
tionales for accepting or
tices in an identified field through
natural resource or injury to life
or application is approved until it
rejecting comments are de-
specific requirements regarding
or property. The Supervisor may
ensures that procedures exist for con-
veloped and documented.
casing, cementing, perforating,
prescribe or approve in writing,
ducting operations in a manner em-
Technical aspects of the
drilling mud, and drilling proce-
or orally with written confirma-
phasizing safety of operations and
Order may be discussed with
dures. These rules are based on
tion departures from the re-
p
minimizing the risk of environmental
persons from industry, ad-
engineering, geological, geo-
quirements of OCS Orders and
damage and ensures consistency with
jacent States, or other af-
physical, and operational data
other orders issued when such
the Coastal Zone Management Act
fected organizations.
gathered during the exploratory
departures are necessary for the
and amendments. The major plans
iv. A final Order or revision is
drilling activities. All Field
proper control of a well, toner-
and applications reviewed in this
published in the Federal
Drilling Rules are reviewed an-
vation of natural resources, pro-
manner are as follows:
Register, with accompany-
nually and may be modified, can-
tection of aquatic life, or protec-
a. Exploratory Drilling Plan
ing explanations of changes
celed, or continued as conditions
tion of human health and safety,
Before starting exploratory drill-
made in the draft version.
property, or the environment.
ing, the lessee must secure ap-
v. Geological Survey field offices
warrant.
r
Furthermore, the Supervisor is
proval of an exploratory drilling
revise present regulatory
d. Conditions of Approval
i
authorized to suspend any opera-
plan from the Area Supervisor.
procedures to accommodate
The evaluation of lessees's pro-
tion, including production, with
The plan must be comprehensive
the new or revised Order.
posed plans may indicate the
notification in writing, or orally
in the details of the proposed op-
12
13
erations, and must include: (1)
tifies an inventory of all appli-
the development of an OCS stand-
plicable to OCS oil and gas opera -
the location of the proposed
cable equipment, materials, and
and for applications in a specific sub-
tions.
well(s), both at the surface and
supplies available on site, locally
jest area by the Geological Survey,
d. The Geological Survey's OCS stand -
at the total depth; (2) a deserip-
and regionally, for pollution -pre-
the following procedure is utilized
ards program for safety and pollu-
tion of the proposed drilling ves-
vention or cleanup operations.
to develop ithe standard in compli-
tion-prevention equipment includes
sels or platforms specifying the
The lessee's plan states the re-
ante with the public information
a quality assurance component as a
tentative locations, vessel design
sponse time for the various items
and rule -making procedures of the
functional element to ensure that
and other features related to pol-
and provides for varying degrees
Administrative Procedures Act:
safety and pollution -prevention prod-
lution prevention and control,
of response activities depending
i. A "Notice of Intention" pub-
nets meet Geological Survey stand -
and the results of an analysis of
on the severity of the pollution i
lished in the Federal Register
ards. A generic quality control sys-
the drilling system in accordance
incident.
comments by interested
tem standard is included by refer -
with established systems -design
fit
The contingency plan further ('
parties on the content of the pro-
ence in each equipment standard
procedures; and (3) the subsur-
specifies the notification proce- v
posed standard and the proce-
which manufacturers must meet and
face structural interpretation
dure used to assure prompt re-
dures which may be utilized to
provides for evaluation and certifica-
based on the best available geo-
porting of pollution incidents to
develop the standard.
tion of manufacturer's quality con -
logical and geophysical data, in-
the proper regulatory agencies.
ii. A determination is made as to
troI systems and products. Through
eluding contour maps and cross
The lessee's actions to be taken
j
the most effective way to
this procedure, Geological Survey
sections and anticipated
p produc-
after an oil spill are defined and �
op the standard, taking into ac-
to ac-
quality assurance personnel estab-
ing zones in each proposed well,
specified, including the naming
count comments received from
lish requirements for certifying pro -
The Area Supervisor may require
of a response coordinator and
all sources as a result of the
fessional organizations or Govern -
other pertinent data as needed.
team and the designation of a
Federal Register Notice.
ment-accredited testing laboratories.
b. Development Plan
pre -planned response center with
Before comeneing each develop-
a communication system for di-
iii. After a draft copy of the stand-
4. Operational Directives for Lessee
ment program, the lessee or op
recting the response operations.
and has been prepared, it is re-
Compliance
erator must obtain approval of
d.
Critical Operations and Curtail -
viewed by appropriate Geologi-
The Outer Continental Shelf Lands
a development plan by the Area
ment Plan
cal Survey personnel and pub-
Act authorizes the Secretary of the
Supervisor. This plan includes all
In conjunction with an explora-
lished in the Federal Register
Interior at any time to prescribe and
the information requested in an
tory or development plan, a les-
for comment by interested par-
amend such rules and regulations, to
exploratory drilling plan, de
see must also obtain approval of
ties.
be applicable to all operations con -
tailed platform and/or subsea
a critical operations and curtail-
iv. All comments on this draft are
ducted under a lease issued main -
production system design fea-
ment plan. This plan lists or de-
reviewed and the standard modi-
t
twined underthe provisions of the Act,
tures, and the results of the pro-
scribes certain operations which
fied when needed. Rationales for
as he determines to be necessary and
duction equipment systems de-
have been judged to be more crit-
I
accepting or rejecting comments
proper for the prevention of waste
sign anaylsis.
ical than others and which may
are developed and documented.
and conservation of the natural re -
The Governors f the directly
need to be ceased, limited, or not
(
Technical aspects of the stand-
sources of the Outer Continental
Shelf, and the protection of correla-
fected States areofurnished copies
es
to be commenced under given cir-
and may be discussed with in-
five rights therein. These regula-
of the pertinent parts of the les-
cumstances or conditions. The
I
terested parties.
tions, rules, and Orders are adminis-
see's development plans in ae-
plan also lists or describes the
circumstances or conditions un-
(
v. A final standard is published in
tered by the Geological Survey and
cordance with 30 CFR 250.34 to
der which these critical
the Federal Register, with ac-
provide requirements, specifications,
assist the States in considering
opera -
tions shall be curtailed. The Dis-
companying explanations of
and standards to promote safety of
the onshore impacts of the pro-
trict Supervisor must be notified
,
changes made in the draft ver-
operations, protect facilities and
posed development. The Governor
when such conditions or circum-
sion.
equipment, and minimize pollution
or his appointed representative
stances exist and may order the
vi. New or revised OCS Orders are
of the environment.
a
is invited to submit comments
to
critical operation to be curtailed
issued to implement the require
a. OCS Orders
OCS Orders are formally pum-
the Supervisor for his consid-
as long as the situation warrants.
ments set forth in Geological
eration in the review of the plan.
e.
Contingency Plait for Simuitane_
Survey OCS standards.
bered directives issued to imple-
ment the provisions of Title 30
c. Oil Spill Contingency Plan
ous Operations
c. The Geological Survey may provide
of the Code of Federal Regula-
In conjunction with an explora-
A problem on production plat-
consultants to committees formu-
tions governing oil and gas op-
tory or development plan, the op-
forms may arise when multiple
lated by standards -developing or-
erations on the Outer Continental
erator must submit an oil spill
operations are conducted simul-
ganizations for the specific purpose
Shelf. OCS Orders providing
contingency plan. This plan iden-
taneously without proper aware-
of developing draft standards ap-
common requirements for all
14
11
- -- --- - _ -
-----
- -
-_=---_-
_ --
10 •
0
bility of the sea floor and
the type and variety of fauna
and flora on the sea floor.
Such information may indi-
cate that a particular tract
should not be offered for
leasing because of a poten-
tially high risk to the en-
vironment or safety of op-
erations. A less serious con-
dition may allow leasing of
the tract with special stipu-
lations addressing subjects
such as rig or platform
size and location, additional
safety measures and equip-
ment, or special operational
procedures.
ii. From all available environ-
mental information, climatic,
biologic, and oceanographic
factors are considered in de-
termining whether to issue
permits for a particular op-
eration. Controls are tailored
to the specific operation so
as to minimize damage to
the environment and ensure
safe operation.
b. Post -lease
Geological, geophysical, engineer-
ing, and environmental informa-
tion obtained in pre -lease opera-
tions is continually updated to
obtain technical information for
reference when considering ap-
proval of exploratory and devel-
opment drilling plans. Research
and development projects may be
formulated to investigate gaps in
this information.
2. Research and Development
The Geological Survey monitors all
activities affecting safety and pollu-
tion -prevention in marine oil and gas
operations, and identifies technologies
and operational practices where ad-
ditional research and development ef-
forts might reduce the likelihood of
accidents and pollution.
The Geological Survey's research and
development program augments in-
10
dustrial and academic programs and
concentrates on matters directly re-
lated to safety and pollution. The pro-
gram continually assesses research
being conducted in this field by in-
dustry, academia, and other Govern-
ment institutions. Subjects requiring
further studies may also be indenti-
fied through review of Area Systems
Review Committee reports on field
operations and incidents (reference
Section VII.B).
Topics which might be improved by
specific R&D studies are discussed
with industry and scientific advisory
groups to solicit interest and partici-
pation. If participation by these
groups is not forthcoming, the Geo-
logical Survey may contract for
studies in the area of interest.
Improvements resulting from indus-
try, academic, or Government efforts,
or any combination of efforts by
these groups, may be incorporated
into the requirements of future OCS
Orders or Standards. An annual re-
port summarizes R&D programs af-
fecting OCS oil and gas operations.
3. OCS Standards
The Geological Survey develops or en-
sures the development of OCS stand-
ards for safety and pollution -control
equipment, hazardous operations pro-
cedures, and personnel training and
qualification. Lessees are required to use
only those safety devices, procedures,
and personnel which comply with Geo-
logical Survey standards as directed by
OCS Orders where such standards exist.
The procedures followed in the develop-
ment of Geological Survey OCS stand-
ards are as follows:
a. Topics that warrant establishment
of standards are identified through
evaluation and analysis of marine
and onshore oil and gas operational
data and procedures, or through
studies by industry technical associa-
tions, academia, professional organi-
zations, or interested parties.
b. Upon identification of the need for
ness of the effect one may have
on the other(s). An operator
must obtain approval of a Con-
tingency Plan for Simultaneous
Operations by the appropriate
District Supervisor prior to con-
ducting activities such as drilling,
workover, wireline, and major
construction operations simul-
taneously with production opera-
tions. The plan must describe the
operations, their location on the
platform, and procedures to be
used to prevent undesirable
events. The purpose of requiring
such a plan is to assure coordina-
tion of the activities and to re-
quire that overall responsibility
for safe platform operation is
placed on one individual.
f. Drilling Application
Prior to exploratory or develop-
ment drilling under an approved
plan, the lessee must obtain ap-
proval of the District Supervisor
of an Application for Permit to
Drill. This application states the
location and proposed depth of
the well, describes the blowout -
prevention system, and the cas-
ing, cementing, and mud pro-
grams to be used in the drilling
process.
The drilling application is accom-
panied by a geophysical data re-
port on the nearby surface and
near -surface conditions for geo-
logic hazards. Cultural resource
and biological surveys may also
be required.
g. Sundry Notice Application
The operator must obtain the ap-
proval of a Sundry Notice by the
District Supervisor before start-
ing any work to fracture -treat,
acidize, repair, multiple -complete,
abandon, change plans, or similar
operations which have not been
previously approved.
h. Secondary Recovery Plan
The operator must obtain appro-
val of a secondary recovery plan
15
by the Area Supervisor prior to
the commencement of any pres-
sure maintenance, secondary, or
tertiary recovery operations. This
plan includes pertinent geological
and engineering data describing
the reservoir characteristics and
performance history, planned in-
jection pressures and volumes,
projected additional recovery,
wells to be utilized, equipment to
be used, and other data which
may be required by the Supervi-
sor to assure that the operation
is conducted in a safe manner.
The project is monitored by Geo-
logical Survey personnel through
a review of reports submitted
monthly which specify the injec-
tion and production volumes,
reservoir pressure changes, and
other similar data.
i. Applications to Abandon Well
Before starting operations to
abandon a well, the lessee must
obtain the approval of the Dis-
trict Supervisor. The application
submitted by the lessee for ap-
proval lists the intervals that are
to be plugged with cement and
the casing to be recovered.
6. Systems Design Analysis
The Geological Survey requires that
the lessee conduct a Systems Design
Analysis (SDA) and submit the re-
sults prior to, his seeking approval of
new oil or gas production facilities
on the Outer Continental Shelf or ap-
proval of certain modifications to
existing facilities. This analysis is re-
quired to assure that lessees improve
total production system equipment
reliability by systematically identify-
ing potential causes of accidents or
pollution incidents and subsequently
modifying procedures or equipment
to eliminate such events or reduce the
probability of their occurrence or re-
duce their consequences.
The SDA and its results serve as a
preventive measure and complement
the enforcement and corrective meas-
ures set forth elsewhere in this docu-
of new offshore structures has been
environmental damage. These elements may
vey develops or obtains information
ment. The SDA is performed by or
reviewed at key intervals and com-
a be modified at any time by adding or deleting
on the technical and environmental
for the lessee in accordance with the
plies with technical standards and
program activities as necessary for an effec-
conditions in the area. From this in -
provisions of an OCS Standard refer-
rules devised to assure safe operation
tive lease regulatory program.
formation, criteria, guidelines, prac-
enced by the appropriate OCS Order.
under anticipated, induced, and en-
A. Management Principles
tices, and standards are established
The basic SDA steps consist of (1)
vironmental loading forces at the in-
to promote equipment and personnel
reviewing the design features of
stallation site. The environmental
i The regulation of OCS oil and gas lease
safety and to prevent environmental
equipment, the component sizing, and
forces include extreme conditions
and pre -lease operations by the Geologi-
damage. Approval of any proposed
set -point specifications and (2) iden-
such as storms, earthquakes, tsu-
cal Survey is guided by and committed to
program is conditional on the opera-
tifying those potential failures or
namis, hurricanes, unstable sea floor
the following major principles:
tor's compliance with these estab-
combinations of failures which could
conditions, and ice -movements in ad-
1. Exploration and development of OCS
lished controls.
cause an accident or pollution inci-
dition to normal wave and wind
j minerals are carried out in a manner
a. Pre lease
dent. The initial analysis precedes the
forces.
a which emphasizes safety of opera-
Before an operator may conduct
Geological Survey's approval of the
Platform fabricators are required to
tions and minimizes the risk of en-
any pre -lease non -research geo-
installation or modification of the
utilize quality control procedures dur-
i, vironmental damage.
logical or geophysical exploration
facility. The analysis must be updated
ing fabrication and testing opera-
2. The overall regulation of OCS areas
activity, he must obtain Geologi-
periodically to reflect any subsequent
tions which are in compliance with
�, is a cooperative effort among Federal
cal Survey approval. This ap-
modifications, and additional periodic
the Geological Survey generic quality
agencies, State and local govern-
proval sets forth -the requirements
update reports are required to assure
control system standard. Evaluation
f merits, the scientific community, the
for safety and pollution-preven-
that the configuration of the facility
and certification of the adequacy of
general public, and the oil and gas
tion in accordance with applicable
remains unchanged by minor modifi-
fabricators' quality control systems
industry to ensure expeditious de-
OCS Orders and other rules. Gen -
cations made at the field level. These
is performed by or for the Geological
4 velopment of national resources
eral requirements for these op -
update reports, Iike the initial analy-
Survey.
! while minimizing adverse impacts
erations are stated in formal
sis results, must receive Geological
On -site inspections of the constructed
i upon adjacent areas.
geological and geophysical regu-
Survey approval.
platforms are performed during and
I 3. Operations personnel are required to
lations (30 CFR, Parts 250 and
The expansion of the SDA technique
after completion of the installation
be appropriately trained and quali-
251).
to cover other OCS oil and gas opera-
of the structure and, at periodic in-
fied. Technology and equipment meet-
i. Geological, geophysical, and
tions and equipment, including dril-
tervals thereafter, to ensure the in-
ing current regulations and standards
engineering information
ling, is being evaluated.
tegrity of the structure.
are required.
from all available sources is
7. Platform Design, Construction Vera-
8. Pipeline Approval and Inspection
4. All rules, regulations, and OCS
utilized to determine subsea
fication, and Approval
The authority to regulate pipelines
i Orders governing OCS pre -lease and
and subsurface conditions
The Geological Survey requires that
installed on the continental shelf to
operations consider the views of
lease op
which may affect future
lessees submit detailed information
transport oil and gas from producing
ing
; all affected p(reference See-
operations in the re-
lease o P
on any proposed structure to be
wells to onshore facilities has been
tion TX.B). Once promulgated, such
gions of an OCS area being
erected on the Outer Continental
delegated to several agencies. To pre-
rules, regulations, and Orders are
considered for leasing. Hi h
g
Shelf. This information is submitted
vent redundant efforts and insure
i strict] enforced through inspection
y p
resolution seismic techniques
as part of the operator's development
monitoring of all phases of pipeline
and enforcement procedures designed
are used to investigate the
plan and must be approved prior to
design, construction, installation, and
to be consistent and impartial (ref-
sea floor and the shallow
approval of the overall development
maintenance, Memoranda of Under-
t erence Section IX.B.4).
subbottom to indicate the
plan.
standing have been developed and
5. Because of rapidly changing circum-
presence and extent of shal-
The review of these proposed strut-
agreed to by the responsible agencies
stances and technology, all phases of
I
low faults, slump blocks, or
tures on the Outer Continental Shelf
as set forth in Section VHl of this
OCS management are continually re-
shallow hydrocarbon accu-
is accomplished through the Geologi-
document. Consistent with these
viewed and monitored to incorporate
accumulated experience. Exchange
mulations. Deep multifold
cal Survey's platform verification
agreements, the Geological Survey:
of information among all concerned
seismic data is used to indi-
program which assures the integrity
a. Reviews all applications for pipe-
parties is considered essential to
cate the potential presence
of fixed drillingand production fa-
lines to assure that they are in
properplanning.
of major hydrocarbon ac-
cilities for avoidingpollution and
accordance with appropriate reg-
cumulations at greater
protecting personnel from harm due
ulations and standards for pipe-
B. Functional Elements
depths as well as large re -
to structural failures. Through this
line design, installation, main-
1�
1. Pre- and Post -Lease Information De-
gional faults. Sea bottom
verification procedure, the lessee
tenance, and operation.
velopment and Evaluation
sampling techniques includ-
must provide documentation that the
b. Rejects, modifies, or approves ap-
Prior to approval of any geological,
ing dart cores, dredge sam
design, fabrication, and installation
plications for pipelines to be con-
geophysical, drilling or related opera-
ples, and stratigraphic core
tion on OCS lands, the Geological Sur-
holes help determine the sta-
16
9
Wildlife Service's assessment of po-
tential environmental impact of fu-
ture oil and gas operations will be
provided to Bureau of Land Manage-
ment and the Geological Survey to
assist in regulation of OCS mineral
operations.
3. Memorandum of Understanding Be-
tween the Bureau of Land Manage-
ment and the Geological Survey for
Outer Continental Shelf Pipelines.
This MOU provides an efficient
mechanism for approving pipeline
routes through the submerged lands
of the Outer Continental Shelf for
the following purposes: (1) to in-
itiate measures to provide safety and
to minimize or eliminate environ-
mental damage which may arise from
installation and operation of OCS
pipelines; (2) to ensure that the two
Agencies are responsive to the needs
of the oil and gas industry, other
users of the Outer Continental Shelf,
and the general public with respect
to pipelines; and (3) to streamline
implementation of the regulations
and procedures wtih respect to OCS
pipelines. The Geological Survey re-
views the technical aspects of OCS
pipeline design, installation, main-
tenance, and operation in accordance
with appropriate regulations and
standards designed for safety and en-
vironmental protection to avoid un-
due interference with other uses of
the Outer Continental Shelf and its
superjacent waters.
4. Memorandum of Understanding Be-
tween the Department of Transpor-
tation (DOT) and the Department of
the Interior (DOI) Regarding Off-
shore Pipelines.
This MOU states the individual and
joint responsibilities of DOT and DOI
regarding offshore pipelines so as to
avoid duplication of regulatory efforts
and to maximize the exchange of rele-
vant information. DOT is to estab-
lish and enforce design, construction,
operation, and maintenance regula-
tions for those pipelines extending to
the shore from the outlet flange of the
12
offshore production facility where
strutted under the authority of a
hydrocarbons are produced or first
lease instrument or a right -of -
separated. DOI will establish and en-
use -and -easement, and notifies
force design, construction, operation,
BLM in writing as to the accep-
and maintenance regulations for off-
ability of the technical aspects of
shore pipelines extending upstream
pipelines to be constructed on a
from the outlet flange described above
BLM-approved right-of-way.
into each production well on the
c. Inspects the installation of all
Outer Continental Shelf. The DOI
new pipelines under Geological
will also (1) require compliance with
Survey jurisdiction for compli-
DOT regulations in issuing rights -of-
ante with appropriate OCS
way, rights -of -use -and -easement, and
Orders and outstanding pipeline
provide DOT with copies of operator
regulations. The installation of
applications and DOI assessments,
these pipelines is monitored on
(2) provide copies of approved plans
a spot-check basis at least once
of development to DOT, and (3) per-
during installation.
form pipeline management studies as
d. Reviews the designand proposed
necessary in newly developing areas
repair operations to be conducted
of the Outer Continental Shelf where
on all pipelines under Geological
pipeline systems do not exist, and
Survey jurisdiction scheduled for
provide copies of such studies to
major repairs. Actual repair op -
DOT. The agencies exchange draft
erations are spot-checked and
regulations for comment and coordin-
subsequent pressure tests are
ate pipeline -oriented research and
witnessed by Geological Survey
development projects. A cooperative
personnel.
plan is presented for inspecting off-
shore pipelines and the reporting of
9. Drilling and Production Compliance
enforcement actions.
Inspection
Drilling and production compliance
C. Other Agreements
g
inspection is intended to assure that
Field -level coordination agreements are
the lessee and any third parties per -
made by Regional Conservation Man-
forming functions for the lessee
agers, Area Supervisors, or District Sup-
comply with safety and pollution-
ervisors with other agencies and concern
prevention requirements before, Jur-
a specific situation or a general, continu-
ing, and after drilling and production
ing situation, such as coordination of
operation in accordance with out -
surveillance related to a pollution inci-
standing regulations, rules, and OCS
dent, which would involve the District
Orders and as described in plans and
Supervisor, a member from EPA, the
applications approved by the Geologi-
Coast Guard, and perhaps State agengies.
cal Survey. (Ref. Section IX.B.5.)
Such agreements, though considered in-
This procedure includes the inspec-
tion of lessee facilities and operations
formal, are in writing and executed by
on the Outer Continental Shelf and
the appropriate Geological Survey official.
at key onshore locations from which
OCS activities are managed or sup-
IX. Management Principles and Functional
ported.
Elements
Lessees and operators are required
Management principles and functional ele-
to conduct inspection and testing of
ments expressed herein describe the major
certain equipment and facilities at
activities of the Geological Survey designed to
periodic intervals and certify that
assure that all OCS operations are conducted
such inspections were carried out
in a manner which emphasizes safety of op-
and appropriate corrective measures
erations and prevention of pollution to protect
taken. Compliance inspections carried
life and property and to minimize the risk of
17
out by Geological Survey personnel
are supplemental to these required
inspections and are performed by one
Geological Survey representative or
by a team of personnel, depending
upon the nature and complexity of
the facilities or operations to be in-
spected.
Checklists containing pertinent re-
quirements of OCS Orders and regu-
lation are developed prior to com-
mencement of compliance inspections
and serve as the basic inspection
guide. Inspections are specifically
designed for each facility and opera-
tion; therefore, accompanying the
checklist is information on the speci-
fic facilities and operations to be in-
spected, such as the safety systems
design analysis chart, system schema-
tics, and lessee inspection reports.
The applicable questions on the check-
list are then answered by inspection
personnel during the inspection, and
the prescribed enforcement action is
(Ref. Section IX.B.13.) taken if non-
compliance conditions are discovered.
Inasmuch as the checklist defines Po-
tential Incidents of Noncompliance
(PINC), any observed violation is
termed an Incident of Noncompliance
(INC).
Compliance inspections are initially
made during installation and prior to
beginning operations on any new
drilling, production, or processing fa-
cility. The primary objectives of these
initial inspections are (1)' to assure
proper installation of structures or
mobile units and the industrial equip-
ment thereon, including processing
equipment and appropriate safety
and pollution -prevention devices, and
(2) to assure that the proper opera-
tional procedures and personnel have
been provided.
After operations begin, additional in-
spections are conducted as described
below to assure that operations are
conducted in accordance with ap-
proved plans and that the lessee satis-
• •
factorily performs the required as-
surance functions:
1. Inspection of drilling operations
includes a functional check of
drilling control and monitoring
devices and a review of proced-
ures, personnel -qualifications, and
records of all safety and pollu-
tion -prevention aspects of drill-
ing activities.
During routine drilling opera-
tions, compliance inspections are
conducted prior to the commence-
ment of actual drilling opera-
tions, and at least once during the
drilling period. The drilling op-
erations for stratigraphic core
wells and other nonroutine opera-
tions are inspected more fre-
quently.
2. Inspection of production facili-
ties includes a functional check of
the production or process equip-
ment and safety devices, and a
review of other safety equip-
ment, procedures, personnel
qualifications, and records of all
safety and pollution -prevention
aspects of production activities.
For compliance inspection pur-
poses during routine operations,
production facilities are classified
as "major" or "minor" in accord-
ance with the following defini-
tion:
A "major" platform is defined as
a production platform which in-
cludes (1) six or more producible
well completions with or without
process equipment, or (2) five or
less producible well completions
with two or more production
process equipment components
which are operational, such as
pressure vessels, fired vessels, at-
mospheric vessels or tanks, com-
pressors, treaters, and pipeline
pumps.
All other platforms are classified
as "minor" platforms.
In those highly developed areas
such as the Gulf of Mexico, ma-
Yr
i •
• 4P
• •
jor facilities are inspected by
Committee also arranges for cooperation
Departments. Each MOU is reviewed an-
GeoIogical Survey personnel at
and support in the operational conduct of
nually and revised or terminated as nee -
least semiannually, and minor fa-
related programs, and provides for the
essary. The existing MOU's related to
cilities are inspected at least
exchange of data, information, and find-
OCS safety, pollution -prevention, and
once each 15 months. These in-
ings of mutual concern. The Committee
pollution -control activities are described
spections are performed more
established working groups to consider
below. Other agreements are being nego-
frequently in less developed
specific proposals or problem areas and
tiated with Agencies having responsibili-
areas.
makes decisions within its area of re-
ties on the Outer Continental Shelf.
3. Final inspections prior to termi-
sponsibility, wherein there is agreement.
1. Memorandum of Understanding Be -
nation or relinquishment of a
Disagreements are resolved by Agency
tween the Departments of the In -
lease include well abandonment
heads. The Committee is jointly chaired
terlor and Transportation Concern -
and platform removal operations.
( by the Associate Director, NOAA, and
ing Respective Responsibilities Un-
The results of unannounced inspec-
the Associate Director, USGS. There is
der the National Oil and Hazardous
tions of randomly selected drilling
equal membership from both Agencies.
Substances Pollution Contingency
and production facilities determine
Meetings are held as often as necessary
Plan.
the degree of general compliance by
to resolve immediate problems and at
By this MOU, the -Coast Guard agrees
in a specific area. The com-
least once eve
every quarter.
to provide for an On -Scene Coordina-
randolessees
zFacility Inspection System
randomll y selects facilities to be in-
VIII. Other Coordination Mechanisms
for (OSC) with respect to oil spills
•related
to operations conducted under
spected and maintains complete sta-
A. Secretarial Order No. 2974
the Outer Continental Shelf Lands
tistical INC/PINC information.
Secretarial Order No. 2974 was issued on
Act. The representative of the Geo-
Other inspections evaluate particular
April 30, 1975, to improve and formalize
logical Survey is given the exclusive
problem areas discovered during pol-
the planning and operating functions of
authority to coordinate and direct
lution-surveillance flights, regular
the OCS minerals program within the
measures to abate the source of pollu-
lessee inspections, reports of mal-
Department of the Interior by coordinat-
tion. The Geological Survey repre-
functions, or other lease regulatory
ing Geological Survey, Bureau of Land
sentative may temporarily suspend
activities.
Management (BLM), Fish and Wildlife
regular pollution -control activities
10. Equipment Failure Reporting, An-
Service (FWS) and National Park Serv-
within 500 meters of the source in
alysis, and Information Exchange
t ice (NPS) activities concerning the
order to facilitate abatement of the
The Geological Survey maintains an
monitoring of environmental research
�
immediate source of pollution.
extensive information system for
and operational activities on the Outer
2. Memorandum of Understanding Be-
gathering, analyzing, and reporting
Shelf. The Order specifies
i
tween
taveen the Geological Survey, Bureau
data on equipment used in OCS oil
certain circumstances where the Area
of Land Management, and Fish and
and gas operations. This data serves
Supervisor of the Conservation Division
Wildlife Service Regarding Exchange
as important basis for several
will consult with BLM, NPS, and FWS
of Information Affecting OCS Op -
activities pertaining to pollution pre-
�
and receive recommendations prior to
erations,
vention and safety of operations.
acting on pending applications or opera-
This MOU formalizes cooperation
P
a. Failure Reporting and Corrective
tions. These interbureau activities are
coordinated by the Assistant Secretary
among the three Departmental Bu-
Action Program
ram
P
for Program Development and Budget.
reaus having primary responsibilities
An equipment failure reporting
in the Areas. The states
and corrective action program de-
B. Memoranda of Understanding
that the G and Bu-
a Geological Surveeyt'
fines the reliability of OCS Safety
To avoid problems arising from overlap-
reau of Land Management are to pro -
Systems, uncovers actual and po-
ping jurisdiction or differing interpreta-
vide Fish and Wildlife Service with
tential problem areas, and estab-
tions of legislation, regulations, and
information regarding marine geo-
lishes direction for upgrading
policy, a formal agreement --termed
physical exploration activities as
equipment and system reliability
a Memorandum of Understanding
well as the opportunity to observe
through testing and failure re-
(MOU)—may be drawn up between the
such operations. Fish and Wildlife
porting. The primary purpose of
Division Chief of the respective Geologi-
Service is given the opportunity to
this program is the maintenance
cal Survey Divisions, the Director of the
provide recommendations in the geo-
of accurate industry -wide infor-
Geological Survey, or the Secretary of
logical and geophysical permit pro-
mation on the reliability of safety
the Interior with their respective coun-
cedures and in future OCS lease
equipment used under various
terparts of other Divisions, Bureaus, or
nomination procedures. Fish and
18
7
• •
! •
• •
Act, including all aspects of exploration
and development of OCS resources. The
Secretary of the Interior, or his designee,
serves as Chairman of the Board. Mem-
bers are a State Government representa-
tive from each coastal State and six rep-
resentatives of the general public. Ex-
officio, non -voting members are appointed
from the Environmental Protection
Agency, Council on Environmental Qual-
ity, Federal Energy Administration, and
the Departments of State, Defense, Com-
merce, and Transportation. The entire
Board meets at least twice a year, and
regional boards representing the five
principal coastal regions meet at least
three times a year.
Geological Survey personnel participate
in the meetings as requested and provide
technical consultation as required. Pub-
lically available reports are prepared on
all meetings.
I. Outer Continental Shelf Environmental
Studies Advisory Committee
This committee advises the Assistant
Secretary for Land and Water Resources,
the Director of the Bureau of Land Man-
agement, the Outer Continental Shelf
Advisory Board, and other offices of the
Department concerning the design and
implementation of environmental studies
related to OCS oil and gas exploration
and development, including baseline data
collection, monitoring, and special stud-
ies. The committee meets quarterly and
additionally as called by the Chairman.
The committee consists of representatives
of the Governors of coastal States, mem-
bers of the general public, and involved
Federal Agencies. The Chairman is a De-
partmental scientist appointed by the
Secretary. The Geological Survey has a
member on the committee and the Chief,
Branch of Marine Oil and Gas Opera-
tions, serves as an alternate. Minutes of
the meetings are available to the public.
J. Interagency Committee for Program Co-
ordination, Bureau of Land Manage-
ment —Geological Survey
The Bureau of Land Management
(BLM) and the U.S. Geological Survey
6
(USGS) have related responsibilities in
a number of programs and closely co-
ordinate activities in these subject areas
through an interagency committee for
Program Coordination so that Agency ac-
tions are mutually supportive. The Com-
mittee coordinates related programs in-
volving the following activities in the
public domain, including the Outer Con-
tinental Shelf: leasing and lease manage-
ment, environmental and baseline studies,
land and resource classification, mapping
and geodetic/cadastral surveys, and
water resource investigations. The Com-
mittee also arranges for cooperation and
support in the operational conduct of re-
lated programs, provides for the ex-
change of data, information, and find-
ings, and exchanges budget information
during the preparation stage. The Com-
mittee establishes working groups to
consider specific proposals or problem
areas and makes decisions within its area
of responsibility, wherein there is agree-
ment. Disagreements are resolved by
Agency heads. The Committee is jointly
chaired by the Associate Director, BLM,
and the Associate Director, Geological
Survey. There is equal membership from
both Agencies. Meetings are held once a
month or as often as necessary to resolve
immediate problems.
K. Interagency Committee for Program Co-
ordination, National Oceanic and Atmos-
pheric Administration —Geological Sur-
vey
The National Oceanic and Atmospheric
Administration (NOAA) and the Geo-
logical Survey have related responsibili-
ties in a number of programs, and close-
ly coordinate activities in these subject
areas through an interagency committee
for Program Coordination so that Agency
actions are mutually supportive.
The Committee coordinates related pro-
grams within the full range of interface
between the two agencies involving the
following activities: seismology and
earthquake studies; marine geology and
geophysics; hydrology; mapping, chart-
ing, and geodetic surveys; and earth re-
source investigations from space. The
i
conditions in offshore operations.
Basic to this program is a com-
puterized inventory of all produc-
tion safety equipment in use in
offshore oil and gas operations
to which equipment failure and
maintenance data provided by all
offshore operators is continually
added. (This system does not in-
corporate failures on items such
as fire pumps, fire extinguishers,
life boats, or similar items not re-
lated to the production opera-
tion.) The result is a historical
record of the performance of the
safety equipment and other sta-
tistical data. This information is
utilized in the following manner:
1. Continuous review of incom-
ing failure information iden-
tifies suspected problem
areas and allows prompt, ap-
propriate, corrective meas-
ures to be undertaken. Any
problem areas so identified
are referred to the field ac-
tivity which is responsible
for correction.
ii. Quarterly reports reflect a
thorough analysis and evalu-
ation of the failure exper-
iences and trends.
iii. Annual Reports, summarized
Quarterly Reports, and se-
lected parts of these reports
are directed specifically to
operators and manufactur-
ers identifying failure trends
and problem areas for their
specific operation.
iv. Other reports are developed
as needed for special circum-
stances or topics, such as
(a) data to support accident
investigations, (b) evalua-
tion of specific problem areas
and associated corrective
measures, and (c) data and
assessments requested by Ge-
ological Survey personnel,
lease operators, equipment
manufacturers, other Fed-
19
eral or State agencies, and
the general public.
v. All finished reports a r e
available, upon request, to
all interested parties except
where the information is
proprietary.
b. Safety Alert Program
The Safety Alert Program noti-
fies lease operators of operating
practices and conditions which
have resulted in accidents. Op-
erators are advised to review
their own operations to ensure
that similar situations do not oc-
cur.
The OCS regulations require a
lease operator to supply the Geo-
logical Survey district offices with
details of all serious accidents
and fires on the lease. Such acci-
dents are further investigated
and reported upon by Geological
Survey field personnel. From
these reports and other pertinent
data, Safety Alert Notices are
written and disseminated to all
lessees and operators and other
interested parties and organiza-
tions. Operator personnel closely
associated with field operations
receive copies. Depending on the
findings, OCS' Orders are revised
as a means of preventing similar
situations in the future.
c. Events File
The Events File is a computer-
ized historical listing of fires, ex-
plosions, fatalities, blowouts, pol-
luting spills, and other accidents
associated with oil and gas opera-
tions which have occurred on the
Outer Continental Shelf. This file
not only aids Geological Survey
personnel associated with the re-
view and improvement of OCS
operations, but also is utilized in
preparing Environmental Impact
Statements and informing in-
terested parties of OCS incidents.
Lease operators are required to
submit the details of accidents to
the appropriate Geological Sur-
of information also provides fin-
D. National Offshore Operations Industry
has headquarters in Washington, D.C.
vey district office for review and
portant statistical data from field
Advisory Committee (NOOIAC), U.S.
and 11 field offices. Its five members are
appropriate followup action. De-
inspections and reports on prog-
Coast Guard, Department of Transporta-
appointed by the President and approved
tails of these events are for-
ress of ongoing programs or spe-
tion
by the Senate. Geological Survey person -
warded to the Area Supervisor
cial projects. Field offices also re-
This Committee provides advice to the
nel provide expert testimony and advice
for incorporation in the Events
ceive copies of pertinent corres-
I
Coast Guard on matters relating to off-
upon request. The Geological Survey is
File. This information is then
pondence, reports, and decisions
i
shore activities and the coastal environ-
kept informed of investigations which in -
available to the public upon re-
by Department of the Interior or
ment, particularly the exploration, pro-
volve OCS operations, participates as re-
quest and accessible in whole or
Geological Survey officials.
duction, transportation, and service op-
quired, and receives copies of the Board's
in part through Geological Sur-
11. Pollution Surveillance and Cleanup
erations relating to offshore minerals and
reports for internal review and action.
vey Area, Regional, and Head-
Close surveillance, by means of daily
petroleum products. The Committee con -
quarters remote computer termi-
helicopter and aircraft flights
s an
sists of approximately 25 members, sev-
G. Coastal Zone Management Liaison Group
nals.
general observation from platforms,
eral of which are key
Y personnel of tor-
The Geological Survey interfaces with
d. Records for Public Information
is maintained by Geological Survey
porations conducting oil and gas opera-
the coastal States in two areas. One
The Geological Survey prepares
and lessee personnel to locate the
tions on the Outer Continental Shelf.
evolves from the Survey's statutory re-
news releases on major events
source of any pollution in order that
Committee activity at times concerns
sponsibilities related to exploration for
concerning OCS oil and gas op-
corrective action can be taken. The
subjects directly related to mutual Coast
and extraction of minerals from Federal
erations to inform the general
feasibility of remote sensing devices,
Guard —Geological Survey responsibili-
lands, including the OCS, and the other
public of important OCS aetivi-
including satellite observations, con-
ties pertaining to offshore oil and gas op-
relates to the Survey's traditional role in
ties. The Geological Survey's area
tinue to be considered for future use.
erations. The full Committee normally
the investigation and assessment of earth
field offices maintain Public Rec-
Operators are required by regular
meets semiannually; subcomittees to con-
resources and preparation of topographic
ords Centers containing routine
tions and OCS Orders to maintain an
sider special subjects meet as necessary,
and special purpose maps. Passage of the
records and reports on offshore
inventory of equipment that can be
usually more frequently. The Chief,
Coastal Zone Management Act in 1972
operations in that area available
promptly mobilized to contain and
Branch of Marine Oil and Gas Opera-
and of Amendments to the Act in 1976
for review and copying by the
clean up an oil spill.
bons acts as liaison and provides for
has increased the need for effective liai-
general public. Also available for
These conditions are set forth in an
Geological Survey participation as appro-
son with the coastal States in both areas
public inspection are all accident
p P
Oil Spill Contingency Plan described
priate. A report of each meeting attended
and has placed on the Survey the addi-
investigation reports, pollution
in subparagraph I% B.5 (c).
is furnished to appropriate Geological
tional responsibility of involvement in
and incident reports, facilities in-
In the event of an accident which
Survey personnel.
preparation
re the oration and review of the States'
spection data, and records of en-
forcement actions. Excluded from
may result in pollution, the Geologi-
E. Technical Pipeline Safety Standards
proposed Coastal Zone Management Pro -
grams and the accompanying
p ying Environ-
the information available for
eal Surrey has the primary ction
Committee Office of Pipeline Safety
mental Impact Statements. R
P esponsibil-
public inspection are certain pro-
lion to require corrective action to
o
Materials of Transporta-
, ta-
erattion
ity for liaison with the States at field
data in accordance with
abate the source of pollution in ac-
u au, De
lion Bureau, Department of Transporta-
Department
level has been given to the Re gional As -
Section
Section of Title 5, U.S. Code,
cordance with OCS Orders and Mem-
tion
sistant Directors. At headquarters level,
as amended by Public Law 90-23.
amended
oranda of Understanding with other
(
This committee reports on the reason-
overall responsibility for liaison with the
Further guidelines on the avail-
Federal agencies. (ref. Section VII.
I
ableness, practicality, and feasibility of
Department and with NOAA's Office of
ability of records for public in-
B)'
proposed OPSO Standards. It is com-
Coastal Zone Management and for coor-
spection are provided in OCS
12. Accident Investigation and Reporting
posed of 15 members: 4 from the natural
dination of reviews of the States' pro -
Order No. 12, Public Inspection
Findings of the Geological Survey's
gas industry, 5 from Government Agen-
Posed Coastal Zone Management Pro-
of Records.
accident investigations are used to
ties, and 6 from the general public. The
grams has been given to a Coastal Zone
e. Information Exchange Among
develop corrective procedures for
Chief, Branch of Marine Oil and Gas Op-
Management Act Coordinator in the
Area Offices
avoiding similar accidents in the fu-
erations, acts as liaison and provides for
Land Information and Analysis Office. An
Exchange of information amongture.
The provisions of 30 CFR
E
c
Geological Survey participation as ap
ad hoc liaison group, composed of rep -
resentatives of the operating Divisions
area offices alerts other Geologi-
250.45 require lessees to immediately
proriate.
P
provides the interface with the Divisions.
cal Survey offices to problems,
unique situations, new develop-
notify the Supervisor of serious ac-
cidents and all fires on the lease and
F. National Trans
e Sa Transportation
p Safety Board
H. Outer Continental Shelf Advisory Board
ments, and other matters of com-
submit a full written report on the
}
(NTSB)
This Board advises the Secretary of the
mon interest to assist in develop-
incident within 10 days. Lessees must
This independent
pendent Federal Agency inves-
Interior and other offices of the Depart-
ing consistent policies and coor-
notify the Supervisor within 24
sr
tigates accidents and oversees the safety
ment on policy issues related to the per-
dinating activities within the
hours of other accidents or unusual
of civil aviation, rail, highway, marine,
formance of discretionary functions un-
Geological Survey. This exchange
y g
conditions.
and pipeline transportation. The Board
der the Outer Continental Shelf Lands
20
5
• •
W
LL
The Geological Survey independently
W o F investigates accidents but cooperates
3 w
W with other agencies having interfac-
o ing jurisdiction. Accident investiga-
W2a .W-i aw w z
W 8, S F 0 „„ F tion procedures provide for investi-
gation of those accidents which oc-
W „ > P < ; W o o y a 2 o cur during, or are directly related o,
H W a M P$ `� pp� w w w W o w 'd s W d oil and gas lease operations. The
o G£ p p S W .. N U -� W U U 4 U
02 H ON> .C4w w'w'UwH N 2XNW4 2 4
w 0 4 o a Coast Guard enforces regulations re-
O � 4N wNW
0 quiring investigation of all accidents
E
O .y Cj U N C O W W F w N F W C O
W W W W w a � W a >. E o 'involving fatalities or meeting eer-
W O Z W¢¢ N W.ZiwNEK WH 4 W N.ZwF
,Z,U C n 4 41 W 4 W Z O Z E 0 H Z> " tain minimum injury or damage cri-
es fE/-J p `1 w" w w w w O N Iu 3 4 ry Vl w W N X
i ; a z , o " " z F F ( teria. In the event of an accident dur-
f �r H W H W d z� a a w W
O " p W u Y w w a W U U u N w w h z U
ZZC 4g W " wQ " g H a Q W wa WQ 4 w o " " 4 ing oil or gas operations involving
4 U U M ri M L] 7 4 6' W w' 6' W W O Z N v 3 C
0 I ]]]
8 W W F 0 w" 4 F fatalities or an explosion, fire, or ma-
o�..£ia �a'w3''�n �w oo rzi �w �w a a .z.
♦ jor pollution, procedures allow simul-
' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 taneous investigation by the Geologi-
cal Survey and the Coast Guard.
The Geological Survey forms a field
investigation team upon notification
of an accident. The team's makeup
d w g depends on the accident classification
U M.8 b _ as outlined in the Accident Notifies-
2= W
a g Q F S N o ' W 4, E tion and Investigation Procedures
C C FEW O Z ,Uy2 4 0
o o �z o H o Plan. The team leader makes all
8 c W 0 O W W " y necessary plans or arrangements, as -
.a, a > 0 W W F'
o w 8 y I o F 8 sembles the investigation team, ar-
w ( rives at the accident site as soon as
aU U .2 c.,0
i a wow possible, and directs the on -site in-
vestigation.
0 0 0 0 0 0 I Upon completing the investigation of
the accident, the team prepares an
♦ + OCS Accident Investigation and An-
W alysis Report. The report summarizes
jI the conclusions of the Geological Sur-
a w vey, evaluates the lease operator's re-
' w
� M a � W port of the accident, and recommends
o corrective measures to minimize the
p H > = Wi Hwz
N tt W w H 8 � 2 V F chances of recurrence.
N W
M u w o i o H 04. The completed reports are distrib-
6 o O= o a 3 W r 2 g= 8 b uted to appropriate Geological Sur-
0 a y �.�i w z�" .+z USE 4
o P.
0 M d F 8 d$ 3 2< W Z w vey personnel and the non-proprie
o _ g p i a o 8 i C W `a a w es testy information made available in
W wO q uFfZ+] W z a�i a.0-izmwUiw
£ S HHW 62. w z N 3 E 2 g o the Public Records Offices. The Area
44 " 4 S goo w w" 4 o Z j_ o Supervisor and the Area Systems Re-
O 0
W"Z W i.a O
a q W u w 2 W w > z o na 2 ,F� H$ 4 view Committee (ASRC) then deter-
8 o„ z a <$ a H a„ o mine whether a Safety Alert Notice
o z Ow o o 0 3 8 W o should be issued, and whether rec-
ce z=aarv£iH W m �d Uw W'a v: W
2 0 0 a 8 w 8 4_ W W a ommended preventive measures
0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 should be incorporated into OCS
Orders.
4
21
13. Enforcement Actions
Enforcement actions ensure that any
incident of noncompliance (INC)
with safety and pollution -prevention
requirements observed during inspec-
tion activities is corrected by the op-
erator (ref. Section IX.B.9).
To provide objectivity, the appropri-
ate notification and mandatory en-
forcement action for each INC ob-
served is indicated on the Potential
Incident of Noncompliance (PING)
checklist. Enforcement actions con-
sist of (1) written warnings or (2)
platform, zone (well), equipment, or
pipeline shut-in, depending upon the
enforcement action specified.
In the case of a written warning, the
company representative must certify
to the District Supervisor within 7
days that the INC has been corrected
and must report on the action taken
to preclude recurrence. If an enforce-
ment action requires a shut-in, the
inspector immediately informs the
District Supervisor and describes the
situation and the consequences of the
shut-in. The District Supervisor then
authorizes the prescribed enforce-
ment action. If, because of communi-
cation problems, the District Super-
visor cannot be contacted, the inspec-
tor is authorized to take the appro-
priate action and to notify the Dis-
trict Supervisor as soon as possible.
The inspection team leader provides
the company representative with a
written order to shut-in the zone(s),
platform, or other facility after ex-
plaining orally the reason for the
shubin. When the inspector reports
a facility shut-in, the District Super-
visor notifies the company of the
action, in writing, instructing them
not to resume operations until the
field site has been reinspected. The
well, item of equipment, or facility
cannot resume operation until the
INC is corrected and the company
has received clearance from the Dis-
trict Supervisor to resume opera-
tions.
In the event an inspector must halt
drilling operations on a well, the Dis-
trict Supervisor notifies the company
in writing. However, in order to
minimize the dangers of maintaining
an open hole, the inspector remains
at the drilling site or returns to it as
soon as the INC has been corrected
to reinspect and obtain the certifica-
tion of compliance from the company.
All enforcement actions taken during
a, specified month and the cumulative
actions taken during the current cal-
endar year are summarized in a
monthly field report.
Enforcement actions which are out
of the ordinary, have wide impact, or
result from a suspected knowing and
willful violation of rules or regula-
tions, are reported to the Director
upon accumulation of accurate infor-
mation in accordance with estab-
lished procedures.
14. Training and Qualification of Lessee
Personnel
An important factor in ensuring that
offshore oil and gas operations are
carried out in a manner which em-
phasizes safety of operations and
minimizes the risk of environmental
damage is the lessee's employment of
qualified personnel to perform such
operations. Lessees are required by
OCS Orders to provide documenta-
tion verifying that key operational
personnel have completed instruc-
tional programs in critical elements
related to job performance and peri-
odically attend refresher courses in
these subject areas.
The procedure for assuring that key
operational personnel of lessees or
contractors employed by the lessee
are properly trained consists of the
following steps:
a. Identification of those critical op-
erations requiring specially train-
ed and qualified personnel in
order to assure use of safe and
pollution -preventive procedures.
b. Publication of Geological Survey
Standards detailing the positions
22
requiring specially trained or
qualified personnel, and detailing
the criteria to be met by lessee
personnel in satisfying these re-
quirements.
c. Geological Survey approval on a
recurrent basis of courses offered
by educational or training insti-
tutions which are to be used by
the lessee or contractor personnel
to meet the Geological Survey
training and qualification re-
quirements. Courses conducted
by industry trade groups for the
purpose of qualifying personnel
under Geological Survey stand-
ards must also be approved be-
fore such training is recognized
as acceptable.
d. Lessee submittal of the methods
for assuring that personnel per-
forming key drilling and produc-
tion operations are qualified in
accordance with applicable Geo-
logical Survey Standards as a
part of operational plans. The
documentation of individual qual-
ification is to be available at the
work site for review by Geologi-
cal Survey inspection personnel.
Adequate personnel qualification
programs are prerequisite for ap-
proval of certain operational
plans.
15. Training of Geological Survey Per-
sonnel
Those Geological Survey personnel
involved in the OCS lease regulatory
program receive needed training
through utilization of Government,
public, and private institutions as
well as short courses designed speci-
fically for Geological Survey person-
nel by private technical educators.
Those personnel involved in field in-
spection activities also receive ex-
tensive training in the operational
concepts of new equipment used in
offshore oil and gas operations from
in-house instructors and manufac-
turers' field representatives. Em-
ployee training within the Geologi-
i
The Branch of Marine Oil and Gas Op-
personnel meets monthly to review and
erations develops policy proposals for the
make recommendations on matters per -
Chief, Conservation Division, through
taining to safety and pollution preven-
the Assistant Division Chief, Operations,
tion on OCS oil and gas leases, such as
on matters related to OCS oil and gas ac-
accidents, unusual conditions, equipment
tivities. The Branch also provides techni-
failures, inspection results, the adequacy
cal guidance to OCS field offices, coordi-
of OCS Orders, and research and develop-
nates activities related to OCS programs,
ment needs. Reports of each meeting are
and provides direction and review of pro-
prepared.
t gram activities. (See Figure 1 entitled
C. Response Teams Under National Oil and
"OCS Lease Regulatory Program Organi-
Hazardous Substance Pollution Contin-
zational Responsibilities.")
gency Plan (Title .40 CPR 1510)
VII. Committees, Boards, and Teams
1. National Response Team (NRT)
The National Response Team con -
Several key committees, boards, and teams,
representatives from Federal
both w
'within and outside the Geological Sur-
gencies serving as a national body
agencies
a
C vey, have major roles affecting the OCS lease
for planning and preparedness ac-
regulatory program. The composition and
tions prior to a pollution emergency.
y.
t functions of these groups are described
Except for periods of activation be -
herein.
cause of a pollution incident, the
A. Marine Board of the Assembly of Engi-
NRT meets quarterly with the rep-
neering, National Research Council
resentative of the Environmental
The Marine Board is concerned, in an en-
Protection Agency (EPA) serving as
gineering sense, with the utilization of
chairman and the representative of
ocean resources in accordance with the
the Department of Transportation
statutory responsibilities of the Govern-
(DOT) serving as. Vice -Chairman.
ment, and advises the Government as to
When the NRT is activated in re -
the technology employed to accomplish
sponse to a pollution incident, the
this goal.
Chairman is the representative of
The Marine Board, either upon request
EPA or DOT, depending upon the
of the Geological Survey or upon its own
area in which the response is taking
initiative, reviews Geological Survey pro-
Place. Geological Survey personnel
grams and makes recommendations on
In -
serve as Department the In -
new proposals concerning safety and poI-
terimay
representatives when
v
lution prevention.
ed by-
appointed by the Secretary upon rec-
appointed
The Marine Board meets three times each
ommendation of the Director, Geo-
year. In conjunction with the regular
logical Survey.
meetings, a special session may discuss
2. Regional Response Team (RRT)
or review the OCS lease regulatory pro-
As set forth in regional contingency
gram administered by the Geological Sur-
plans, the RRT consists of regional
vey. The Marine Board may convene a
representatives from Federal Agen-
subcommittee to study particular prob-
ties to act within a regionas an emer-
lems or programs. The Chief, Branch of
gency response team performing
! Marine Oil and Gas Operations, serves as
functions similar to those described
liaison with the Marine Board.
Q
for the national level. The RRT de-
termines the duration and extent of
B. Area Systems Review Committees
Federal response. Geological Survey
In each Area office involved in OCS field
personnel may be appointed as De -
operations, an Area Systems Review
partment of the Interior representa-
Committee (ASRC) composed of key field
tives on the RRT.
3
0 •
• •
• •
• •
bility under 30 CFR 250.12 to "prevent dam-
ploration and production in the marine
cal Survey is founded upon determin-
ity, complementing other such audits
age to, or waste of, any natural resource or
environment.
ing the skills needed by Geological
by departmental, congressional, or
injury to life or property." Lessees have a like
E. Encourage and support safety and pol-
Survey personnel to perform their
other authorized organizations.
responsibility as set forth in the regulations
lution-prevention programs for maintain-
duties most effectively and scheduling
Internal program audits have several
at 30 CFR 250.30.
ing among all personnel involved in OCS
employee attendance in any training
goals:
Following several accidents involving OCS on
on and gas operations an awareness of the
(Government, public, or private)
a. to aid personnel in improving
and gas operations which resulted in loss of
need for safety and pollution prevention.
which best meets the mutual needs of
program effectiveness and to
life and property and pollution, the Geological
the individual and the Geological Sur-
provide training to personnel
Survey's OCS lease regulatory program was VI.
Organizational Responsibilities, Geological
vey. If no existing training courses
being audited as well as those
extensively reviewed. Initial studies by Geo-
Survey
fully meet these needs owing to ad-
conducting the audit;
logical Survey systems analysts and by the
A. Office of the Director
vanes in OCS technology and
b. to ensure that assigned program
NatNational Aeronautics and Space Administra-
1. The Director is responsible for estab- L
changes in program activities, efforts
activity is in accordance with
NASA
(NASA) produced several recommenda-
lishing the overall safety, pollution-
are made develop the needed train-
written procedures and guide-
tions for program improvement. Additional
Prevention and pollution -control pol-
n
ing utilizing internal expertise or by
lines;
recommendations came from studies by the
icy, and for providing management
contracting for services.
c. to ensure that committed man -
National Academy of Engineering, the Uni-
direction and interdivision support
The Geological Survey's training pro -
power and other resources are
versity of Oklahoma, the President's Council
of the lease regulatory program.
gram continually uses on-the-job
sufficient to accomplish program
on Environmental Quality (CEQ) and the
2. The Director's Work Group on OCS
training techniques. Through this a
q P-
objectives, and
National Research Council Review Committee
Safety and Pollution Control , of
proach, employees are instructed by
d. to ensure that administrative
on Safety of Outer Continental Shelf Petro-
which the Associate Director is
Geological Survey specialists and are
s
procedures are appropriate.
leum Operations. All recommendations were
is responsible for:
exchanged among area, regional, and
Audit teams are composed of person -
P P
carefully
carefully considered and incorporated into the
a. Reviewing safety and pollution-
headquarters offices for temporary
nel from headquarters and from field
q
Geological Surveylease regulatory
g ry program
prevention policy.
details or assignment to special audit
offices other than the one being
as appropriate.
b. Participating in the determina-
the These activities provide
teams. p
audited. Personnel from other divi-
tion of the need for assistance in
employee with a broad knowledge of
sions and the Director's office may
V. Objectives
safety and pollution -prevention
the functions of the Geological Sur-
artici ate as team members.
also participate
In working toward safety and environmental
matters from non -Geological Sur-
vey.
Audits may encompass all, or selected
protection in oil and gas exploration and de-
vey sources.
16. Safety and Pollution -Prevention
portions of, the activities of the or-
velopment on the Outer Continental Shelf, the
e. Evaluating recommendations re-
Awareness
ganizational element being audited.
Geological Survey's objectives are:
ceived from external agencies,
Lessees and operators are encouraged
Scheduling is arranged so each facet
A. Prevent loss of life and property, injury
organizations, or individuals.
by the Geological Survey to conduct
of the nationwide program is audited
of personnel, damage to the environment,
d. Reviewing annually Geological
internal motivation programs to as-
at least every 3 years. Upon comple-
and waste of resources by means of an
Survey actions and progress to-
sure that employees performing op-
tion of an audit, the team reviews its
organized and systematic approach to the
wards pre -established goals.
erations on the Outer Continental
preliminary findings with personnel
regulation of oil and gas lease and pre-
e. Providing reports and recommen-
Shelf are continually aware of the
of the field office being audited prior
lease activities.
dations on the OCS lease regula-
need for, and dedicated to the
to compiling and presenting its final
tory program to the Director.
achievement of, safety and preven-
report and recommendations to the
B. Coordinate and cooperate with other Fed-
3. An Assistant Director in each of the
tion of pollution.
Division Chief for concurrence and
eral and State Agencies; technical, pro-
regional areas defined for Geological
The Safety Officer in each area office
initiation of any corrective and pre-
fessional, standards -setting, and other
Survey administrative purposes pro-
is designated as the Safety and Pol-
ventive action.
organizations; and the general public in
vides coordination for interdivision
lution-Prevention Awareness coor-
Overall audit status and results are
establishing requirements for conducting
Geological Survey activities within
dinator for that area office and co-
incorporated into the Conservation
safe drilling and production operations.
the Region, and provides liaison with
ordinates both internal awareness
Division Management Information
C. Ensure industry compliance with regula-
other Federal, State, and local agen-
activities and industry or other Gov-
System (MIS) for use by Division
tions, safe practices, and environmental
ties.
ernment organizations' programs.
management and, as appropriate, the
protection through the development and
B. Conservation Division
17. Program Audit
Director's office in the program de-
enforcement of stringent requirements.
The Conservation Division, through Re- _
The internal audit of the functions
cision-making process.
D. Maintain a research and development
gional Conservation Managers, Area Su-
described in this document is per -X.
Management Information and Review
R&D capability for improving the
( ) P tY P g
pervisors, and District Supervisors, is the
formed at the field level to verify op -
safety and pollution -prevention equip-
primary Division responsible for the Geo-
erational status and effectiveness.
A management information and review sys-
ment and for improving operational
logical Survey's lease regulatory program
This audit is part of the overall Geo-
tem provides appropriate Geological Survey
techniques involved in on and gas ex-
in accordance with this document.
logical Survey internal audit activ-
management with reliable, current informa-
1
23
i •
0 •
19
tion on OCS field level activities so as to avoid
crisis -response management. The proper utili-
zation of this information by the various
levels of Geological Survey management in
the decisionmaking process is the key element
in the program for increased safety and pol-
lution -prevention activities on the OCS. The
procedures for data gathering and analysis
described below are a part of the overall Con-
servation Division Management Information
System, and the review procedure allows the
addition or deletion of data based upon later
evaluation of usefulness.
A. Responsibilities for Data Reporting
The Geological Survey personnel respon-
sible for the proper development and
analysis of the information related to this
review procedure and their respective
data -gathering responsibilities are as fol-
lows:
1. District Supervisors are responsible
for gathering, maintaining, and re-
porting statistics and narratives on
problems related to inspection proce-
dures and results and field activities
including incidents of noncompliance
(INC's), incidents of pollution, well
shut-ins, helicopter operations, and
similar operational incidents.
2. Area Supervisors are responsible for
reviewing and analyzing District re-
ports and statistics as well as man-
agerial information such as workload
analyses, training, and personnel
safety. Area Supervisors are also re-
sponsible for identifying trends and
problem areas by analyzing data ac-
cumulated through the inspection
and plan approval actions.
3. Regional Managers are responsible
for summarizing, analyzing, and re-
porting statistics and narratives con-
cerning all activities reported on by
Area and District offices within the
Region. In addition, overall opera-
tional problems are identified as well
as specialized problems related to in-
dustry safety and pollution -preven-
tion activities.
4. The Office of the Chief, Conservation
Division, gathers and analyzes re-
24
ports of all District, Area, and Re-
gional offices and identifies national
trends in offshore safety and pollu-
tion prevention. In addition, the office
coordinates overall programs for the
development of information and gen-
eral problem solving as well as man-
agerial programs such as the train-
ing of personnel.
B. Frequency of Reports and Review
1. District Supervisors report statistics
and narratives monthly to Area Su-
pervisors.
2. Area Supervisors summarize statis-
tics and report them along with nar-
ratives bimonthly to Regional Man-
agers (with copy to headquarters).
3. Regional Managers review Area and
District activities and write semian-
nual summaries of activities. These
reviews may be held either by per-
sonal contact or by teleconference.
4. The Chief, Conservation Division,
reviews the Regional Managers' re-
ports at quarterly Division Manage-
ment Conferences. Additional Divi-
sion level reviews are made of the re-
ports submitted by the Area offices
to the appropriate Regional offices
and discussion via teleconference
with Regional Conservation Man-
agers of any immediate concern or
actions necessary.
5. The Director and Work Group are
briefed annually by the Chief, Con-
servation Division, on significant
trends related to the safety or pollu-
tion aspect of offshore operations as
well as other major events.
C. Facilities
There are data display centers in Head-
quarters and Regional offices to present
pertinent data on oil and gas activities
on the Outer Continental Shelf.
ICI. Program Review
This program description document is up-
dated through periodic reviews of the lease
regulatory program by a System Review Com-
UNITED STATES GEOLOGICAL, SURVEY
POLICIES, PRACTICES, AND RESPONSIBILITIES FOR SAFETY
l AND ENVIRONMENTAL PROTECTION IN OIL AND GAS OPERATIONS
ON THE OUTER CONTINENTAL SHELF
1
y
1
r>
INTRODUCTION
The Outer Continental Shelf Lands Act of 1953
designated the United States Department of the In-
terior to administer the mineral leasing of the off-
shore areas of the United States under Federal juris-
diction. Within the Department, the United States
Geological Survey was delegated the authority to
regulate mineral operations on the Outer Continental
Shelf (OCS).
This document sets forth the overall policies,
practices, and responsibilities of the Geological Sur-
vey to ensure oil and gas operations on the Outer
Continental Shelf are conducted safely. The prac-
tices and concepts stated herein are the basis for
developing, revising, and carrying out detailed pro-
cedures, plans, and other actions required for an
effective regulatory program on the Outer Continen-
tal Shelf.
The functional elements described in this docu-
ment contain provisions which are carried out on a
nationwide basis or area basis in accordance with
the requirements of the particular functional ele-
ment. Those provisions requiring execution on an
area -by -area basis are carried out in accordance with
the stage of evolvement of each OCS Area. Thus,
some elements may be completely functional in the
Gulf of Mexico Area but may not be applicable in
the OCS areas recently leased. Periodic reviews of
this program, as set forth in Section %I of this docu-
ment, provide for implementing the provisions of
the functional elements in each area as the opera-
tional activities warrant.
L Purpose
The purpose of this document is to set forth
the policies, practices, and organizational re-
sponsibilities of the Geological Survey to as-
sure that operations under Federal oil and gas
leases and permits on the Outer Continental
Shelf emphasize safety of operations, preven-
1
tion of pollution, protection of life and prop-
erty, and minimize the risk of environmental
damage.
H. Authority
Basic authority for carrying out regulatory
functions on Outer Continental Shelf leases
is provided by:
A. "Outer Continental Shelf Lands Act" of
August 7, 1953 (67 Stat. 462; 43 U.S.C.
1331-1343).
B. The National Environmental Policy Act
of 1969, as amended (Pub. L. 91 190, 42
U.S.C., 4321-4347, January 1, 1970, as
amended by Pub. L. 94-83, August 9,
1975).
C. The Coastal Zone Management Act of
1972, as amended (Pub. L. 89-454, 16
U.S.C., 1451-1464 as amended by Pub. L.
94-370, July 26, 1976).
D. Title 30 CFR 250, "Oil and Gas and Sul-
phur Operations_ in the Outer Continental
Shelf."
ILL Scope
The provisions of this program encompass all
Geological Survey personnel and operations
concerned with the safety and pollution -pre-
vention aspects of oil and gas operations on
the Outer Continental Shelf.
IV. Background
The Geological Survey is the Bureau within
the Department of the Interior to which the
Secretary delegated authority to administer
the provisions of the Federal regulations per-
taining to oil and gas operations on the Outer
Continental Shelf (30 CFR Part 250). In-
cluded in these regulations is the responsi-
i
0 •
• •
•
pace
pace
mittee (SRC) concerned with safety and pol-
11.
Pollution Surveillance and Cleanup ..
20
16. Safety and Pollution -Prevention Aware-
lution-prevention on the Outer Continental
12.
Accident Investigation and Reporting.
20
ness .................................
17. Program Audit ......................
23
23
Shelf. The SRC for Conservation Division
13.
Enforcement Actions .................
21
X. Management Information and Review .......
23
programs comprises the Associate Division
14.
Training and Qualification of Lessee
A. Responsibilityor Data Reporting
fDtRp g """
24
Chief as chairman; Assistant Division Chief,
Personnel
"""""""""""""'
22
B. Frequency of Reports and Review ........
24
Operations; Chief, Branch Marine Oil and
15.
Training of Geological Survey Person-
C. Facilities ................................
24
e
Gas Operations; and representatives each
nel ..................................
22
%I. Program Review ...........................
.
24
Region having OCS responsibilities. The SRC
for the Conservation Division meets annually
or more frequently as requested by the Com-
mittee Chairman, or Division or Bureau Man-
agement. The SRC reviews reports of the
V
Area System Review Committees and Internal
25
u
Audit Teams as well as any other internal or
external factors which may affect the OCS
Operations Safety Program.
After each meeting, the SRC makes recom-
mendations concerning modifications of the
lease regulatory program and this document.
The Chief, Conservation Division, and the Di-
rector's Work Group on Safety and Pollution -
Control review these recommendations and
refer recommendations to the Director as nec-
essary. Following the Director's approval,
program documents are modified and any nec-
essary implementing action is begun.
I
CONTENTS
Pose
Page
Introduction ........................................
I
and the Geological Survey for Outer
I.
Purpose .....................................
1
Continental Shelf Pipelines ..........
8
H.
Authority ...................................
1
4.
Memorandum of Understanding Be.
III.
Scope .......................................
1
tween the Department of Transporta-
IV.
Background
I
tion (DOT) and the Department of the
V.
Objectives „
............. .....................
2
Interior (DOI) Regarding Offshore
VI.
Organizational Responsibilities, Geological
Pipelines
8
Survey ................
2
C. Other Agreements .......................
8
VIL
Committees, Boards, and Teams ..............
3
I%. Management Principles and Functional Ele-
A. Marine Board of the Assembly of Engi-
meats
.......................................
8
neering, National Research Council ......
3
A. Management Principles ..................
9
B. Area Systems Review Committees .......
3
B. Functional Elements .....................
9
C. Response Teams Under National Oil and
1.
Pre- and Post -Lease Information De -
Hazardous Substance Pollution Contin-
velopment and Evaluation ............
9
gency Plan Title 40 CFR 1510-........
( )
3
a Pre -lease .........................
9
1. National Response Team (NRT) .....
3
b. Post -lease .......................
10
2. Regional Response Team (RRT) .....
3
2.
Research and Development ..........
10
D. National Offshore Operations Industry Ad-
3.
OCS Standards ......................
10
visory Committee (NOOIAC), U.S. Coast
4.
Operational Directives for Lessee Com-
j
Guard, Department of Transportation. ..
6
plisnce ..............................
11
E. Technical Pipeline Safety Standards,
a. OCS Orders .............
11
Committee, Office of Pipeline Safety Op-
b. Notices to Lessees and Operators
12
erations (OPSO), Materials Transporta-
c. Field Drilling Rules.............
12
tion Bureau, Department of Transporta-
d. Conditions of Approval ..........
12
lion.....................................
b
e. Other Directives .................
13
F. National Transportation Safety Board
6.
Review of Plans and Applications ....
13
(NTSB)...............................
6
xP ry � g
a Exploratory Drilling Plan
13
G. CoastaI Zone Management Liaison Group
6
b. Development Plan ...............
14
H_ Outer Continental Shelf Advisory Board ..
6
c. Oil Spill Contingency Plan .......
14
I, Outer Continental Shelf Environmental
d. Critical Operations and Curtail -
Studies Advisory Committee
meat Plan
14
J. Interagency Committee for Program
Program Co-6
Plan for S ulta
e. Contingency Plan for Simultaneous
ordination, Bureau of Land Management-
Operations .....
14
Geological Survey .......................
6
L Drilling Application .............
16
K- Interagency Committee for Program Co-
g- Sundry Notice Application -......
15
ordination,
-oa, National Oceanic and Atmos-
h. Secondary Recovery Plan ...... I.
is
pheric Administration -Geological Survey ..
6
i. Applications to Abandon Well ....
16
VIH.
Other Coordination Mechanisms .............
7
6.
Systems Design Analysis .............
16
A. Secretarial Order No. 2974 .............
B. Memoranda of Understanding ............
7
7
7,
Platform Design, Construction Verifi-
I. Memorandum of Understanding Be-
cation, and Approval .................
16
i.
tween the Departments of the Interior
g,
pipeline Approval and Inspection .....
16
and Transportation Concerning Respec-
9.
Drilling and Production Compliance In-
tive Responsibilities Under the Nation-
spection.............................
17
al Oil and Hazardous Substances Pollu-
10.
Equipment Failure Reporting, Anal.
tion Contingency Plan ...............
7
ysis and Information Exchange ,.....
18
2- Memorandum of Understanding Be-
a. Failure Reporting and Corrective
iF
tween the Geological Survey, Bureau of
Action Program ..................
18
Land Management, and Fish and Wild-
b. Safety Alert Program ............
19
life Service Regarding Exchange of In-
c. Events File ......................
19
«
formation Affecting OCS Operations . _
7
d. Records for Public Information ..
20
3. Memorandum of Understanding Be-
e. Information Exchange Among Area
tween the Bureau of Land Management
Offices ...........................
20
0 • 0
0 0 0 0
it
V
POLICIES, PRACTICES, AND RESPONSIBILITIES
FOR SAFETY AND ENVIRONMENTAL PROTECTION IN
OIL AND GAS OPERATIONS ON THE
OUTER CONTINENTAL SHELF
United States
Department of the Interior
Geological Survey
June , 77
�x
f
..
0
W-
rwiAh"U09 and. .." �a
SEP_-
and Environmental Protection
11, Oil and Gas Operations
Continental Shelf
United States
Department of the Interior
Geological Survey
June 1977
L
on the