Loading (50 kb)...'
(continued)
Subpart B—Plans and Information
top
Source: 70 FR 51501, Aug. 30, 2005, unless otherwise noted.
General Information
top
§ 250.200 Definitions.
top
Acronyms and terms used in this subpart have the following meanings:
(a) Acronyms used frequently in this subpart are listed alphabetically below:
CID means Conservation Information Document
CZMA means Coastal Zone Management Act
DOCD means Development Operations Coordination Document
DPP means Development and Production Plan
DWOP means Deepwater Operations Plan
EIA means Environmental Impact Analysis
EP means Exploration Plan
MMS means Minerals Management Service
NPDES means National Pollutant Discharge Elimination System
NTL means Notice to Lessees and Operators
OCS means Outer Continental Shelf
(b) Terms used in this subpart are listed alphabetically below:
Amendment means a change you make to an EP, DPP, or DOCD that is pending before MMS for a decision (see §§250.232(d) and 250.267(d)).
Modification means a change required by the Regional Supervisor to an EP, DPP, or DOCD (see §250.233(b)(2) and §250.270(b)(2)) that is pending before MMS for a decision because the OCS plan is inconsistent with applicable requirements.
New or unusual technology means equipment or procedures that:
(1) Have not been used previously or extensively in an MMS OCS Region;
(2) Have not been used previously under the anticipated operating conditions; or
(3) Have operating characteristics that are outside the performance parameters established by this part.
Non-conventional production or completion technology includes, but is not limited to, floating production systems, tension leg platforms, spars, floating production, storage, and offloading systems, guyed towers, compliant towers, subsea manifolds, and other subsea production components that rely on a remote site or host facility for utility and well control services.
Offshore vehicle means a vehicle that is capable of being driven on ice.
Resubmitted OCS plan means an EP, DPP, or DOCD that contains changes you make to an OCS plan that MMS has disapproved (see §§250.234(b), 250.272(a), and 250.273(b)).
Revised OCS plan means an EP, DPP, or DOCD that proposes changes to an approved OCS plan, such as those in the location of a well or platform, type of drilling unit, or location of the onshore support base (see §250.283(a)).
Supplemental OCS plan means an EP, DPP, or DOCD that proposes the addition to an approved OCS plan of an activity that requires approval of an application or permit (see §250.283(b)).
§ 250.201 What plans and information must I submit before I conduct any activities on my lease or unit?
top
(a) Plans and documents. Before you conduct the activities on your lease or unit listed in the following table, you must submit, and MMS must approve, the listed plans and documents. Your plans and documents may cover one or more leases or units.
------------------------------------------------------------------------
You must submit a(n) . . . Before you . . .
------------------------------------------------------------------------
(1) Exploration Plan (EP).... Conduct any exploration activities on a
lease or unit.
(2) Development and Conduct any development and production
Production Plan (DPP). activities on a lease or unit in any OCS
area other than the Western Gulf of
Mexico.
(3) Operations Coordination Conduct any development and production
Document (DOCD). activities on a lease or unit in the
Western GOM.
(4) Deepwater Operations Plan Conduct post-drilling installation
(DWOP). activities in any water depth associated
with a development project that will
involve the use of a non-conventional
production or completion technology.
(5) Conservation Information Commence production from development
Document (CID). projects in water depths greater than
1,312 feet (400 meters).
(6) EP, DPP, or DOCD......... Conduct geological or geophysical
(G&G) exploration or a development
G&G activity (see definitions under
§ 250.105) on your lease or unit
when:
(i) It will result in a physical
penetration of the seabed greater than
500 feet (152 meters);
(ii) It will involve the use of
explosives;
(iii) The Regional Director determines
that it might have a significant adverse
effect on the human, marine, or coastal
environment; or
(iv) The Regional Supervisor, after
reviewing a notice under § 250.209,
determines that an EP, DPP, or DOCD is
necessary.
------------------------------------------------------------------------
(b) Submitting additional information. On a case-by-case basis, the Regional Supervisor may require you to submit additional information if the Regional Supervisor determines that it is necessary to evaluate your proposed plan or document.
(c) Limiting information. The Regional Director may limit the amount of information or analyses that you otherwise must provide in your proposed plan or document under this subpart when:
(1) Sufficient applicable information or analysis is readily available to MMS;
(2) Other coastal or marine resources are not present or affected;
(3) Other factors such as technological advances affect information needs; or
(4) Information is not necessary or required for a State to determine consistency with their CZMA Plan.
(d) Referencing. In preparing your proposed plan or document, you may reference information and data discussed in other plans or documents you previously submitted or that are otherwise readily available to MMS.
§ 250.202 What criteria must the Exploration Plan (EP), Development and Production Plan (DPP), or Development Operations Coordination Document (DOCD) meet?
top
Your EP, DPP, or DOCD must demonstrate that you have planned and are prepared to conduct the proposed activities in a manner that:
(a) Conforms to the Outer Continental Shelf Lands Act as amended (Act), applicable implementing regulations, lease provisions and stipulations, and other Federal laws;
(b) Is safe;
(c) Conforms to sound conservation practices and protects the rights of the lessor;
(d) Does not unreasonably interfere with other uses of the OCS, including those involved with national security or defense; and
(e) Does not cause undue or serious harm or damage to the human, marine, or coastal environment.
§ 250.203 Where can wells be located under an EP, DPP, or DOCD?
top
The Regional Supervisor reviews and approves proposed well location and spacing under an EP, DPP, or DOCD. In deciding whether to approve a proposed well location and spacing, the Regional Supervisor will consider factors including, but not limited to, the following:
(a) Protecting correlative rights;
(b) Protecting Federal royalty interests;
(c) Recovering optimum resources;
(d) Number of wells that can be economically drilled for proper reservoir management;
(e) Location of drilling units and platforms;
(f) Extent and thickness of the reservoir;
(g) Geologic and other reservoir characteristics;
(h) Minimizing environmental risk;
(i) Preventing unreasonable interference with other uses of the OCS; and
(j) Drilling of unnecessary wells.
§ 250.204 How must I protect the rights of the Federal government?
top
(a) To protect the rights of the Federal government, you must either:
(1) Drill and produce the wells that the Regional Supervisor determines are necessary to protect the Federal government from loss due to production on other leases or units or from adjacent lands under the jurisdiction of other entities (e.g., State and foreign governments); or
(2) Pay a sum that the Regional Supervisor determines as adequate to compensate the Federal government for your failure to drill and produce any well.
(b) Payment under paragraph (a)(2) of this section may constitute production in paying quantities for the purpose of extending the lease term.
(c) You must complete and produce any penetrated hydrocarbon-bearing zone that the Regional Supervisor determines is necessary to conform to sound conservation practices.
§ 250.205 Are there special requirements if my well affects an adjacent property?
top
For wells that could intersect or drain an adjacent property, the Regional Supervisor may require special measures to protect the rights of the Federal government and objecting lessees or operators of adjacent leases or units.
§ 250.206 How do I submit the EP, DPP, or DOCD?
top
(a) Number of copies. When you submit an EP, DPP, or DOCD to MMS, you must provide:
(1) Four copies that contain all required information (proprietary copies);
(2) Eight copies for public distribution (public information copies) that omit information that you assert is exempt from disclosure under the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the implementing regulations (43 CFR part 2); and
(3) Any additional copies that may be necessary to facilitate review of the EP, DPP, or DOCD by certain affected States and other reviewing entities.
(b) Electronic submission. You may submit part or all of your EP, DPP, or DOCD and its accompanying information electronically. If you prefer to submit your EP, DPP, or DOCD electronically, ask the Regional Supervisor for further guidance.
(c) Withdrawal after submission. You may withdraw your proposed EP, DPP, or DOCD at any time for any reason. Notify the appropriate MMS OCS Region if you do.
Ancillary Activities
top
§ 250.207 What ancillary activities may I conduct?
top
Before or after you submit an EP, DPP, or DOCD to MMS, you may elect, the regulations in this part may require, or the Regional Supervisor may direct you to conduct ancillary activities. Ancillary activities include:
(a) Geological and geophysical (G&G) explorations and development G&G activities;
(b) Geological and high-resolution geophysical, geotechnical, archaeological, biological, physical oceanographic, meteorological, socioeconomic, or other surveys; or
(c) Studies that model potential oil and hazardous substance spills, drilling muds and cuttings discharges, projected air emissions, or potential hydrogen sulfide (H2S) releases.
§ 250.208 If I conduct ancillary activities, what notices must I provide?
top
At least 30 calendar days before you conduct any G&G exploration or development G&G activity (see §250.207(a)), you must notify the Regional Supervisor in writing.
(a) When you prepare the notice, you must:
(1) Sign and date the notice;
(2) Provide the names of the vessel, its operator, and the person(s) in charge; the specific type(s) of operations you will conduct; and the instrumentation/techniques and vessel navigation system you will use;
(3) Provide expected start and completion dates and the location of the activity; and
(4) Describe the potential adverse environmental effects of the proposed activity and any mitigation to eliminate or minimize these effects on the marine, coastal, and human environment.
(b) The Regional Supervisor may require you to:
(1) Give written notice to MMS at least 15 calendar days before you conduct any other ancillary activity (see §250.207(b) and (c)) in addition to those listed in §250.207(a); and
(2) Notify other users of the OCS before you conduct any ancillary activity.
§ 250.209 What is the MMS review process for the notice?
top
The Regional Supervisor will review any notice required under §250.208(a) and (b)(1) to ensure that your ancillary activity complies with the performance standards listed in §250.202(a), (b), (d), and (e). The Regional Supervisor may notify you that your ancillary activity does not comply with those standards. In such a case, the Regional Supervisor will require you to submit an EP, DPP, or DOCD and you may not start your ancillary activity until the Regional Supervisor approves the EP, DPP, or DOCD.
§ 250.210 If I conduct ancillary activities, what reporting and data/information retention requirements must I satisfy?
top
(a) Reporting. The Regional Supervisor may require you to prepare and submit reports that summarize and analyze data or information obtained or derived from your ancillary activities. When applicable, MMS will protect and disclose the data and information in these reports in accordance with §250.196(b).
(b) Data and information retention. You must retain copies of all original data and information, including navigation data, obtained or derived from your G&G explorations and development G&G activities (see §250.207(a)), including any such data and information you obtained from previous leaseholders or unit operators. You must submit such data and information to MMS for inspection and possible retention upon request at any time before lease or unit termination. When applicable, MMS will protect and disclose such submitted data and information in accordance with §250.196(b).
Contents of Exploration Plans (EP)
top
§ 250.211 What must the EP include?
top
Your EP must include the following:
(a) Description, objectives, and schedule. A description, discussion of the objectives, and tentative schedule (from start to completion) of the exploration activities that you propose to undertake. Examples of exploration activities include exploration drilling, well test flaring, installing a well protection structure, and temporary well abandonment.
(b) Location. A map showing the surface location and water depth of each proposed well and the locations of all associated drilling unit anchors.
(c) Drilling unit. A description of the drilling unit and associated equipment you will use to conduct your proposed exploration activities, including a brief description of its important safety and pollution prevention features, and a table indicating the type and the estimated maximum quantity of fuels, oil, and lubricants that will be stored on the facility (see third definition of “facility” under §250.105).
§ 250.212 What information must accompany the EP?
top
The following information must accompany your EP:
(a) General information required by §250.213;
(b) Geological and geophysical (G&G) information required by §250.214;
(c) Hydrogen sulfide information required by §250.215;
(d) Biological, physical, and socioeconomic information required by §250.216;
(e) Solid and liquid wastes and discharges information and cooling water intake information required by §250.217;
(f) Air emissions information required by §250.218;
(g) Oil and hazardous substance spills information required by §250.219;
(h) Alaska planning information required by §250.220;
(i) Environmental monitoring information required by §250.221;
(j) Lease stipulations information required by §250.222;
(k) Mitigation measures information required by §250.223;
(l) Support vessels and aircraft information required by §250.224;
(m) Onshore support facilities information required by §250.225;
(n) Coastal zone management information required by §250.226;
(o) Environmental impact analysis information required by §250.227; and
(p) Administrative information required by §250.228.
§ 250.213 What general information must accompany the EP?
top
The following general information must accompany your EP:
(a) Applications and permits. A listing, including filing or approval status, of the Federal, State, and local application approvals or permits you must obtain to conduct your proposed exploration activities.
(b) Drilling fluids. A table showing the projected amount, discharge rate, and chemical constituents for each type (i.e., water-based, oil-based, synthetic-based) of drilling fluid you plan to use to drill your proposed exploration wells.
(c) Chemical products. A table showing the name and brief description, quantities to be stored, storage method, and rates of usage of the chemical products you will use to conduct your proposed exploration activities. List only those chemical products you will store or use in quantities greater than the amounts defined as Reportable Quantities in 40 CFR part 302, or amounts specified by the Regional Supervisor.
(d) New or unusual technology. A description and discussion of any new or unusual technology (see definition under §250.200) you will use to carry out your proposed exploration activities. In the public information copies of your EP, you may exclude any proprietary information from this description. In that case, include a brief discussion of the general subject matter of the omitted information. If you will not use any new or unusual technology to carry out your proposed exploration activities, include a statement so indicating.
(e) Bonds, oil spill financial responsibility, and well control statements. Statements attesting that:
(1) The activities and facilities proposed in your EP are or will be covered by an appropriate bond under 30 CFR part 256, subpart I;
(2) You have demonstrated or will demonstrate oil spill financial responsibility for facilities proposed in your EP according to 30 CFR part 253; and
(3) You have or will have the financial capability to drill a relief well and conduct other emergency well control operations.
(f) Suspensions of operations. A brief discussion of any suspensions of operations that you anticipate may be necessary in the course of conducting your activities under the EP.
(g) Blowout scenario. A scenario for the potential blowout of the proposed well in your EP that you expect will have the highest volume of liquid hydrocarbons. Include the estimated flow rate, total volume, and maximum duration of the potential blowout. Also, discuss the potential for the well to bridge over, the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, and rig package constraints. Estimate the time it would take to drill a relief well.
(h) Contact. The name, address (e-mail address, if available), and telephone number of the person with whom the Regional Supervisor and any affected State(s) can communicate about your EP.
§ 250.214 What geological and geophysical (G&G) information must accompany the EP?
top
The following G&G information must accompany your EP:
(a) Geological description. A geological description of the prospect(s).
(b) Structure contour maps. Current structure contour maps (depth-based, expressed in feet subsea) drawn on the top of each prospective hydrocarbon-bearing reservoir showing the locations of proposed wells.
(c) Two-dimensional (2–D) or three-dimensional (3–D) seismic lines. Copies of migrated and annotated 2–D or 3–D seismic lines (with depth scale) intersecting at or near your proposed well locations. You are not required to conduct both 2–D and 3–D seismic surveys if you choose to conduct only one type of survey. If you have conducted both types of surveys, the Regional Supervisor may instruct you to submit the results of both surveys. You must interpret and display this information. Because of its volume, provide this information as an enclosure to only one proprietary copy of your EP.
(d) Geological cross-sections. Interpreted geological cross-sections showing the location and depth of each proposed well.
(e) Shallow hazards report. A shallow hazards report based on information obtained from a high-resolution geophysical survey, or a reference to such report if you have already submitted it to the Regional Supervisor.
(f) Shallow hazards assessment. For each proposed well, an assessment of any seafloor and subsurface geological and manmade features and conditions that may adversely affect your proposed drilling operations.
(g) High-resolution seismic lines. A copy of the high-resolution survey line closest to each of your proposed well locations. Because of its volume, provide this information as an enclosure to only one proprietary copy of your EP. You are not required to provide this information if the surface location of your proposed well has been approved in a previously submitted EP, DPP, or DOCD.
(h) Stratigraphic column. A generalized biostratigraphic/lithostratigraphic column from the surface to the total depth of the prospect.
(i) Time-versus-depth chart. A seismic travel time-versus-depth chart based on the appropriate velocity analysis in the area of interpretation and specifying the geodetic datum.
(j) Geochemical information. A copy of any geochemical reports you used or generated.
(k) Future G&G activities. A brief description of the types of G&G explorations and development G&G activities you may conduct for lease or unit purposes after your EP is approved.
§ 250.215 What hydrogen sulfide (H2S) information must accompany the EP?
top
The following H2S information, as applicable, must accompany your EP:
(a) Concentration. The estimated concentration of any H2S you might encounter while you conduct your proposed exploration activities.
(b) Classification. Under §250.490(c), a request that the Regional Supervisor classify the area of your proposed exploration activities as either H2S absent, H2S present, or H2S unknown. Provide sufficient information to justify your request.
(c) H2S Contingency Plan. If you ask the Regional Supervisor to classify the area of your proposed exploration activities as either H2S present or H2S unknown, an H2S Contingency Plan prepared under §250.490(f), or a reference to an approved or submitted H2S Contingency Plan that covers the proposed exploration activities.
(d) Modeling report. If you modeled a potential H2S release when developing your EP, modeling report or the modeling results, or a reference to such report or results if you have already submitted it to the Regional Supervisor.
(1) The analysis in the modeling report must be specific to the particular site of your proposed exploration activities, and must consider any nearby human-occupied OCS facilities, shipping lanes, fishery areas, and other points where humans may be subject to potential exposure from an H2S release from your proposed exploration activities.
(2) If any H2S emissions are projected to affect an onshore location in concentrations greater than 10 parts per million, the modeling analysis must be consistent with the Environmental Protection Agency's (EPA) risk management plan methodologies outlined in 40 CFR part 68.
§ 250.216 What biological, physical, and socioeconomic information must accompany the EP?
top
If you obtain the following information in developing your EP, or if the Regional Supervisor requires you to obtain it, you must include a report, or the information obtained, or a reference to such a report or information if you have already submitted it to the Regional Supervisor, as accompanying information:
(a) Biological environment reports. Site-specific information on chemosynthetic communities, sensitive underwater features, marine sanctuaries, or other areas of biological concern.
(b) Physical environment reports. Site-specific meteorological, physical oceanographic, geotechnical reports, or archaeological reports (if required under §250.194).
(c) Socioeconomic study reports. Socioeconomic information regarding your proposed exploration activities.
§ 250.217 What solid and liquid wastes and discharges information and cooling water intake information must accompany the EP?
top
The following solid and liquid wastes and discharges information and cooling water intake information must accompany your EP:
(a) Projected wastes. A table providing the name, brief description, projected quantity, and composition of solid and liquid wastes (such as spent drilling fluids, drill cuttings, trash, sanitary and domestic wastes, and chemical product wastes) likely to be generated by your proposed exploration activities. Describe:
(1) The methods you used for determining this information; and
(2) Your plans for treating, storing, and downhole disposal of these wastes at your drilling location(s).
(b) Projected ocean discharges. If any of your solid and liquid wastes will be discharged overboard, or are planned discharges from manmade islands:
(1) A table showing the name, projected amount, and rate of discharge for each waste type; and
(2) A description of the discharge method (such as shunting through a downpipe, etc.) you will use.
(c) National Pollutant Discharge Elimination System (NPDES) permit. (1) A discussion of how you will comply with the provisions of the applicable general NPDES permit that covers your proposed exploration activities; or
(2) A copy of your application for an individual NPDES permit. Briefly describe the major discharges and methods you will use for compliance.
(d) Modeling report. The modeling report or the modeling results (if you modeled the discharges of your projected solid or liquid wastes when developing your EP), or a reference to such report or results if you have already submitted it to the Regional Supervisor.
(e) Projected cooling water intake. A table for each cooling water intake structure likely to be used by your proposed exploration activities that includes a brief description of the cooling water intake structure, daily water intake rate, water intake through screen velocity, percentage of water intake used for cooling water, mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures.
§ 250.218 What air emissions information must accompany the EP?
top
The following air emissions information, as applicable, must accompany your EP:
(a) Projected emissions. Tables showing the projected emissions of sulphur dioxide (SO2), particulate matter in the form of PM10 and PM2.5 when applicable, nitrogen oxides (NOX), carbon monoxide (CO), and volatile organic compounds (VOC) that will be generated by your proposed exploration activities.
(1) For each source on or associated with the drilling unit (including well test flaring and well protection structure installation), you must list:
(i) The projected peak hourly emissions;
(ii) The total annual emissions in tons per year;
(iii) Emissions over the duration of the proposed exploration activities;
(iv) The frequency and duration of emissions; and
(v) The total of all emissions listed in paragraphs (a)(1)(i) through (iv) of this section.
(2) You must provide the basis for all calculations, including engine size and rating, and applicable operational information.
(3) You must base the projected emissions on the maximum rated capacity of the equipment on the proposed drilling unit under its physical and operational design.
(4) If the specific drilling unit has not yet been determined, you must use the maximum emission estimates for the type of drilling unit you will use.
(b) Emission reduction measures. A description of any proposed emission reduction measures, including the affected source(s), the emission reduction control technologies or procedures, the quantity of reductions to be achieved, and any monitoring system you propose to use to measure emissions.
(c) Processes, equipment, fuels, and combustibles. A description of processes, processing equipment, combustion equipment, fuels, and storage units. You must include the characteristics and the frequency, duration, and maximum burn rate of any well test fluids to be burned.
(d) Distance to shore. Identification of the distance of your drilling unit from the mean high water mark (mean higher high water mark on the Pacific coast) of the adjacent State.
(e) Non-exempt drilling units. A description of how you will comply with §250.303 when the projected emissions of SO2, PM, NOX, CO, or VOC, that will be generated by your proposed exploration activities, are greater than the respective emission exemption amounts “E” calculated using the formulas in §250.303(d). When MMS requires air quality modeling, you must use the guidelines in Appendix W of 40 CFR part 51 with a model approved by the Director. Submit the best available meteorological information and data consistent with the model(s) used.
(f) Modeling report. A modeling report or the modeling results (if §250.303 requires you to use an approved air quality model to model projected air emissions in developing your EP), or a reference to such a report or results if you have already submitted it to the Regional Supervisor.
§ 250.219 What oil and hazardous substance spills information must accompany the EP?
top
The following information regarding potential spills of oil (see definition under 30 CFR 254.6) and hazardous substances (see definition under 40 CFR part 116) as applicable, must accompany your EP:
(a) Oil spill response planning. The material required under paragraph (a)(1) or (a)(2) of this section:
(1) An Oil Spill Response Plan (OSRP) for the facilities you will use to conduct your exploration activities prepared according to the requirements of 30 CFR part 254, subpart B; or
(2) Reference to your approved regional OSRP (see 30 CFR 254.3) to include:
(i) A discussion of your regional OSRP;
(ii) The location of your primary oil spill equipment base and staging area;
(iii) The name(s) of your oil spill removal organization(s) for both equipment and personnel;
(iv) The calculated volume of your worst case discharge scenario (see 30 CFR 254.26(a)), and a comparison of the appropriate worst case discharge scenario in your approved regional OSRP with the worst case discharge scenario that could result from your proposed exploration activities; and
(v) A description of the worst case discharge scenario that could result from your proposed exploration activities (see 30 CFR 254.26(b), (c), (d), and (e)).
(b) Modeling report. If you model a potential oil or hazardous substance spill in developing your EP, a modeling report or the modeling results, or a reference to such report or results if you have already submitted it to the Regional Supervisor.
§ 250.220 If I propose activities in the Alaska OCS Region, what planning information must accompany the EP?
top
If you propose exploration activities in the Alaska OCS Region, the following planning information must accompany your EP:
(a) Emergency plans. A description of your emergency plans to respond to a blowout, loss or disablement of a drilling unit, and loss of or damage to support craft.
(b) Critical operations and curtailment procedures. Critical operations and curtailment procedures for your exploration activities. The procedures must identify ice conditions, weather, and other constraints under which the exploration activities will either be curtailed or not proceed.
§ 250.221 What environmental monitoring information must accompany the EP?
top
The following environmental monitoring information, as applicable, must accompany your EP:
(a) Monitoring systems. A description of any existing and planned monitoring systems that are measuring, or will measure, environmental conditions or will provide project-specific data or information on the impacts of your exploration activities.
(b) Flower Garden Banks National Marine Sanctuary (FGBNMS). If you propose to conduct exploration activities within the protective zones of the FGBNMS, a description of your provisions for monitoring the impacts of an oil spill on the environmentally sensitive resources at the FGBNMS.
§ 250.222 What lease stipulations information must accompany the EP?
top
A description of the measures you took, or will take, to satisfy the conditions of lease stipulations related to your proposed exploration activities must accompany your EP.
§ 250.223 What mitigation measures information must accompany the EP?
top
If you propose to use any measures, beyond those required by the regulations in this part, to minimize or mitigate environmental impacts from your proposed exploration activities, a description of the measures you will use must accompany your EP.
§ 250.224 What information on support vessels, offshore vehicles, and aircraft you will use must accompany the EP?
top
The following information on the support vessels, offshore vehicles, and aircraft you will use must accompany your EP:
(a) General. A description of the crew boats, supply boats, anchor handling vessels, tug boats, barges, ice management vessels, other vessels, offshore vehicles, and aircraft you will use to support your exploration activities. The description of vessels and offshore vehicles must estimate the storage capacity of their fuel tanks and the frequency of their visits to your drilling unit.
(b) Air emissions. A table showing the source, composition, frequency, and duration of the air emissions likely to be generated by the support vessels, offshore vehicles, and aircraft you will use that will operate within 25 miles of your drilling unit.
(c) Drilling fluids and chemical products transportation. A description of the transportation method and quantities of drilling fluids and chemical products (see §250.213(b) and (c)) you will transport from the onshore support facilities you will use to your drilling unit.
(d) Solid and liquid wastes transportation. A description of the transportation method and a brief description of the composition, quantities, and destination(s) of solid and liquid wastes (see §250.217(a)) you will transport from your drilling unit.
(e) Vicinity map. A map showing the location of your proposed exploration activities relative to the shoreline. The map must depict the primary route(s) the support vessels and aircraft will use when traveling between the onshore support facilities you will use and your drilling unit.
§ 250.225 What information on the onshore support facilities you will use must accompany the EP?
top
The following information on the onshore support facilities you will use must accompany your EP:
(a) General. A description of the onshore facilities you will use to provide supply and service support for your proposed exploration activities (e.g., service bases and mud company docks).
(1) Indicate whether the onshore support facilities are existing, to be constructed, or to be expanded.
(2) If the onshore support facilities are, or will be, located in areas not adjacent to the Western GOM, provide a timetable for acquiring lands (including rights-of-way and easements) and constructing or expanding the facilities. Describe any State or Federal permits or approvals (dredging, filling, etc.) that would be required for constructing or expanding them.
(b) Air emissions. A description of the source, composition, frequency, and duration of the air emissions (attributable to your proposed exploration activities) likely to be generated by the onshore support facilities you will use.
(c) Unusual solid and liquid wastes. A description of the quantity, composition, and method of disposal of any unusual solid and liquid wastes (attributable to your proposed exploration activities) likely to be generated by the onshore support facilities you will use. Unusual wastes are those wastes not specifically addressed in the relevant National Pollution Discharge Elimination System (NPDES) permit.
(d) Waste disposal. A description of the onshore facilities you will use to store and dispose of solid and liquid wastes generated by your proposed exploration activities (see §250.217) and the types and quantities of such wastes.
§ 250.226 What Coastal Zone Management Act (CZMA) information must accompany the EP?
top
The following CZMA information must accompany your EP:
(a) Consistency certification. A copy of your consistency certification under section 307(c)(3)(B) of the CZMA (16 U.S.C. 1456(c)(3)(B)) and 15 CFR 930.76(d) stating that the proposed exploration activities described in detail in this EP comply with (name of State(s)) approved coastal management program(s) and will be conducted in a manner that is consistent with such program(s); and
(b) Other information. “Information” as required by 15 CFR 930.76(a) and 15 CFR 930.58(a)(2)) and “Analysis” as required by 15 CFR 930.58(a)(3).
§ 250.227 What environmental impact analysis (EIA) information must accompany the EP?
top
The following EIA information must accompany your EP:
(a) General requirements. Your EIA must:
(1) Assess the potential environmental impacts of your proposed exploration activities;
(2) Be project specific; and
(3) Be as detailed as necessary to assist the Regional Supervisor in complying with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and other relevant Federal laws.
(b) Resources, conditions, and activities. Your EIA must describe those resources, conditions, and activities listed below that could be affected by your proposed exploration activities, or that could affect the construction and operation of facilities or structures, or the activities proposed in your EP.
(1) Meteorology, oceanography, geology, and shallow geological or manmade hazards;
(2) Air and water quality;
(3) Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, and plant life;
(4) Threatened or endangered species and their critical habitat as defined by the Endangered Species Act of 1973;
(5) Sensitive biological resources or habitats such as essential fish habitat, refuges, preserves, special management areas identified in coastal management programs, sanctuaries, rookeries, and calving grounds;
(6) Archaeological resources;
(7) Socioeconomic resources including employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and commercial fishing (including typical fishing seasons, location, and type), minority and lower income groups, and coastal zone management programs;
(8) Coastal and marine uses such as military activities, shipping, and mineral exploration or development; and
(9) Other resources, conditions, and activities identified by the Regional Supervisor.
(c) Environmental impacts. Your EIA must:
(1) Analyze the potential direct and indirect impacts (including those from accidents and cooling water intake structures) that your proposed exploration activities will have on the identified resources, conditions, and activities;
(2) Analyze any potential cumulative impacts from other activities to those identified resources, conditions, and activities potentially impacted by your proposed exploration activities;
(3) Describe the type, severity, and duration of these potential impacts and their biological, physical, and other consequences and implications;
(4) Describe potential measures to minimize or mitigate these potential impacts; and
(5) Summarize the information you incorporate by reference.
(d) Consultation. Your EIA must include a list of agencies and persons with whom you consulted, or with whom you will be consulting, regarding potential impacts associated with your proposed exploration activities.
(e) References cited. Your EIA must include a list of the references that you cite in the EIA.
§ 250.228 What administrative information must accompany the EP?
top
The following administrative information must accompany your EP:
(a) Exempted information description (public information copies only). A description of the general subject matter of the proprietary information that is included in the proprietary copies of your EP or its accompanying information.
(b) Bibliography. (1) If you reference a previously submitted EP, DPP, DOCD, study report, survey report, or other material in your EP or its accompanying information, a list of the referenced material; and
(2) The location(s) where the Regional Supervisor can inspect the cited referenced material if you have not submitted it.
Review and Decision Process for the EP
top
§ 250.231 After receiving the EP, what will MMS do?
top
(a) Determine whether deemed submitted. Within 15 working days after receiving your proposed EP and its accompanying information, the Regional Supervisor will review your submission and deem your EP submitted if:
(1) The submitted information, including the information that must accompany the EP (refer to the list in §250.212), fulfills requirements and is sufficiently accurate;
(2) You have provided all needed additional information (see §250.201(b)); and
(3) You have provided the required number of copies (see §250.206(a)).
(b) Identify problems and deficiencies. If the Regional Supervisor determines that you have not met one or more of the conditions in paragraph (a) of this section, the Regional Supervisor will notify you of the problem or deficiency within 15 working days after the Regional Supervisor receives your EP and its accompanying information. The Regional Supervisor will not deem your EP submitted until you have corrected all problems or deficiencies identified in the notice.
(c) Deemed submitted notification. The Regional Supervisor will notify you when the EP is deemed submitted.
§ 250.232 What actions will MMS take after the EP is deemed submitted?
top
(a) State and CZMA consistency reviews. Within 2 working days after deeming your EP submitted under §250.231, the Regional Supervisor will use receipted mail or alternative method to send a public information copy of the EP and its accompanying information to the following:
(1) The Governor of each affected State. The Governor has 21 calendar days after receiving your deemed-submitted EP to submit comments. The Regional Supervisor will not consider comments received after the deadline.
(2) The CZMA agency of each affected State. The CZMA consistency review period under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the State's CZMA agency receives a copy of your deemed-submitted EP, consistency certification, and required necessary data and information (see 15 CFR 930.77(a)(1)).
(b) MMS compliance review. The Regional Supervisor will review the exploration activities described in your proposed EP to ensure that they conform to the performance standards in §250.202.
(c) MMS environmental impact evaluation. The Regional Supervisor will evaluate the environmental impacts of the activities described in your proposed EP and prepare environmental documentation under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and the implementing regulations (40 CFR parts 1500 through 1508).
(d) Amendments. During the review of your proposed EP, the Regional Supervisor may require you, or you may elect, to change your EP. If you elect to amend your EP, the Regional Supervisor may determine that your EP, as amended, is subject to the requirements of §250.231.
§ 250.233 What decisions will MMS make on the EP and within what timeframe?
top
(a) Timeframe. The Regional Supervisor will take one of the actions shown in the table in paragraph (b) of this section within 30 calendar days after the Regional Supervisor deems your EP submitted under §250.231, or receives the last amendment to your proposed EP, whichever occurs later.
(b) MMS decision. By the deadline in paragraph (a) of this section, the Regional Supervisor will take one of the following actions:
------------------------------------------------------------------------
The regional supervisor
will . . . If . . . And then . . .
------------------------------------------------------------------------
(1) Approve your EP......... It complies with all The Regional
applicable Supervisor will
requirements. notify you in
writing of the
decision and may
require you to meet
certain conditions,
including those to
provide monitoring
information.
(2) Require you to modify The Regional The Regional
your proposed EP. Supervisor finds Supervisor will
that it is notify you in
inconsistent with writing of the
the lease, the Act, decision and
the regulations describe the
prescribed under modifications you
the Act, or notify must make to your
Federal laws. proposed EP to
ensure it complies
with all applicable
requirements.
(3) Disapprove your EP...... Your proposed (i) The Regional
activities would Supervisor will
probably cause notify you in
serious harm or writing of the
damage to life decision and
(including fish or describe the
other aquatic reason(s) for
life); property; disapproving your
any mineral (in EP.
areas leased or not (ii) MMS may cancel
leased); the your lease and
national security compensate you
or defense; or the under 43 U.S.C.
marine, coastal, or 1334(a)(2)(C) and
human environment; the implementing
and you cannot regulations in
modify your §§
proposed activities 250.182, 250.184,
to avoid such and 250.185 and 30
condition(s). CFR 256.77.
------------------------------------------------------------------------
§ 250.234 How do I submit a modified EP or resubmit a disapproved EP, and when will MMS make a decision?
top
(a) Modified EP. If the Regional Supervisor requires you to modify your proposed EP under §250.233(b)(2), you must submit the modification(s) to the Regional Supervisor in the same manner as for a new EP. You need submit only information related to the proposed modification(s).
(b) Resubmitted EP. If the Regional Supervisor disapproves your EP under §250.233(b)(3), you may resubmit the disapproved EP if there is a change in the conditions that were the basis of its disapproval.
(c) MMS review and timeframe. The Regional Supervisor will use the performance standards in §250.202 to either approve, require you to further modify, or disapprove your modified or resubmitted EP. The Regional Supervisor will make a decision within 30 calendar days after the Regional Supervisor deems your modified or resubmitted EP to be submitted, or receives the last amendment to your modified or resubmitted EP, whichever occurs later.
§ 250.235 If a State objects to the EP's coastal zone consistency certification, what can I do?
top
If an affected State objects to the coastal zone consistency certification accompanying your proposed EP within the timeframe prescribed in §250.233(a) or §250.234(c), you may do one of the following:
(a) Amend your EP. Amend your EP to accommodate the State's objection and submit the amendment to the Regional Supervisor for approval. The amendment needs to only address information related to the State's objection.
(b) Appeal. Appeal the State's objection to the Secretary of Commerce using the procedures in 15 CFR part 930, subpart H. The Secretary of Commerce will either:
(1) Grant your appeal by finding, under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)), that each activity described in detail in your EP is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of national security; or
(2) Deny your appeal, in which case you may amend your EP as described in paragraph (a) of this section.
(c) Withdraw your EP. Withdraw your EP if you decide not to conduct your proposed exploration activities.
[70 FR 51501, Aug. 30, 2005; 71 FR 12438, Mar. 10, 2006]
Contents of Development and Production Plans (DPP) and Development Operations Coordination Documents (DOCD)
top
§ 250.241 What must the DPP or DOCD include?
top
Your DPP or DOCD must include the following:
(a) Description, objectives, and schedule. A description, discussion of the objectives, and tentative schedule (from start to completion) of the development and production activities you propose to undertake. Examples of development and production activities include: (continued)