Notice2021-15723
Programmatic Environmental Impact Statement for Oil and Gas Decommissioning Activities on the Pacific Outer Continental Shelf
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 23, 2021
Issuing agencies
Interior DepartmentSafety and Environmental Enforcement Bureau
Abstract
Consistent with the regulations implementing the National Environmental Policy Act (NEPA), BSEE intends to prepare a PEIS to inform future decisions on applications for the decommissioning of oil and gas pipelines, platforms, and other facilities offshore of Southern California on the Pacific Outer Continental Shelf (OCS). The Bureau of Ocean Energy Management (BOEM) is assisting BSEE in the preparation of this environmental analysis.
Full Text
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<title>Federal Register, Volume 86 Issue 139 (Friday, July 23, 2021)</title>
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[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 39055-39057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15723]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
[EEJJ000000 212E1700D2 ET1EE0000.EIS000]
Programmatic Environmental Impact Statement for Oil and Gas
Decommissioning Activities on the Pacific Outer Continental Shelf
AGENCY: Bureau of Safety and Environmental Enforcement (BSEE),
Interior.
ACTION: Notice of intent (NOI) to prepare a Programmatic Environmental
Impact Statement (PEIS).
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SUMMARY: Consistent with the regulations implementing the National
Environmental Policy Act (NEPA), BSEE intends to prepare a PEIS to
inform future decisions on applications for the decommissioning of oil
and gas pipelines, platforms, and other facilities offshore of Southern
California on the Pacific Outer Continental Shelf (OCS). The Bureau of
Ocean Energy Management (BOEM) is assisting BSEE in the preparation of
this environmental analysis.
DATES: BSEE requests comments concerning the scope of the analysis,
identifying potential alternatives, significant issues for analysis (or
those to be eliminated as insignificant), and potentially relevant
information, studies, and analyses to be considered. All comments must
be received by September 7, 2021. The draft PEIS is tentatively
scheduled for publication in February 2022, followed by a 45-day public
comment period. The final PEIS is tentatively scheduled for publication
in June 2022, followed by a programmatic record of decision (ROD) no
sooner than 30 days after publication of the final PEIS.
ADDRESSES: Comments may be submitted in writing or through
<a href="http://www.regulations.gov">www.regulations.gov</a>. If in written form, comments may be delivered by
hand or by mail, enclosed in an envelope labeled, ``Pacific
Decommissioning'' and addressed to Richard Yarde, Regional Supervisor,
Office of Environment, BOEM Pacific Region, 760 Paseo Camarillo, Suite
102, Camarillo, CA, 93010. Comments may also be submitted online
through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for Docket No. BOEM-2021-0043. Click on
the ``Comment Now!'' button to the right of the document link. Enter
your information and comment, then click ``Submit.''
FOR FURTHER INFORMATION CONTACT: For information on the PEIS, contact
Richard Yarde, Regional Supervisor, Office of Environment, at
<a href="/cdn-cgi/l/email-protection#493b202a21283b2d6730283b2d2c092b262c24672e263f"><span class="__cf_email__" data-cfemail="2b594248434a594f05524a594f4e6b49444e46054c445d">[email protected]</span></a> or 805-384-6379.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 800-877-8339
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Purpose and Need for the Proposed Action
Oil and gas lessees, owners of operating rights, and holders of
rights-of-way must decommission all OCS wells, platforms, other
facilities, and pipelines, and clear the seafloor of all obstructions,
in compliance with regulatory requirements principally located at 30
CFR part 250 Subpart Q. There are currently 23 oil and gas platforms
and associated wells, facilities, and pipelines on the OCS offshore
Southern California that were installed between the late 1960s and
early 1990s and that will eventually need to be decommissioned. Lessees
and owners of operating rights and holders of rights-of-way must first
apply for and obtain approval from the appropriate BSEE District
Manager or Regional Supervisor before decommissioning platforms,
pipelines, and facilities. 30 CFR 250.1703-250.1704. Well abandonment
activities are reviewed and completed prior to removal of platforms,
pipelines, and other facilities, and are therefore not included within
the scope of this PEIS. BSEE reviews decommissioning applications to
ensure compliance with applicable regulatory standards and for safety
and protection of other OCS uses and the environment. The purpose and
need for this PEIS is to support future Federal review of and action on
decommissioning applications for platforms, pipelines, and other
facilities offshore Southern California on the Pacific OCS. Currently,
eight oil and gas platforms on the OCS offshore Southern California,
near Point Conception and in the Santa Barbara Channel, no longer
produce oil and gas and are located on terminated leases that no longer
allow resumption of production. BSEE expects to receive decommissioning
applications for these platforms and associated pipelines and other
facilities in the near term. It is currently unknown when
decommissioning may be initiated for the remaining 15 platforms, though
by regulation an initial platform removal application must be submitted
for Pacific OCS facilities at least two years before production is
projected to cease.
Preliminary Proposed Action and Alternatives
BSEE expects to analyze three alternatives in the PEIS: Complete
Removal of platforms and associated facilities and pipelines
(Preliminary Proposed Action); Partial Removal of platforms and any
associated facilities and pipelines; and No Action. Each alternative is
briefly described below. The action alternatives contain a number of
overlapping elements. For example, a particular type of cutting tool
might be used in either complete removal or partial removal, with no
difference in the activity or the expected impacts. In these instances
analysis of the options may be included as part of the Proposed Action
only.
Alternative 1--Complete Removal (the Preliminary Proposed Action).
The Preliminary Proposed Action is to authorize applications for
complete removal of platforms and other facilities, decommissioning of
all pipelines by removal, and clearing the seafloor of all obstructions
created by the lease or right-of-way operations, as described in 30 CFR
part 250 Subpart Q. These activities must be completed in a manner that
is safe, does not unreasonably interfere with other uses of the OCS,
and does not cause undue or serious harm to the environment.
Both the Proposed Action and Partial Removal alternative would
consider
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several decommissioning tools and techniques that might be proposed for
use in future decommissioning projects. Some of the tools and
techniques that BSEE expects to consider include the use of mechanical,
hydraulic, laser, explosive, or other tools for the severance of
structures; different types and sizes of vessels; various methods of
excavation around the jacket to facilitate removal; and the possibility
of reefing some parts of the structure either nearby or at an
alternative reefing site on the OCS.
Alternative 2--Partial Removal. Partial removal of platforms and
other facilities may include removing the top of the platform jacket to
a level that is at least 85 feet below the waterline while leaving the
lower portions of the jacket intact. This alternative may include
decommissioning pipelines in place once they have been properly
prepared in accordance with 30 CFR 250.1750-250.1751.
Alternative 3--No Action. The PEIS will also evaluate a No Action
alternative, which means no Federal action would be taken on
decommissioning applications. This alternative would not meet the
purpose and need of the Proposed Action or legal obligations of the
bureau. However, this alternative is included as a comparison that
helps in understanding the Proposed Action and the other action
alternative and their associated impacts.
Summary of Expected Impacts
Potential environmental impacts may result from platform or other
facility or pipeline removal, marine vessel operations, and,
potentially, any objects or structures left in place. The primary
resources potentially impacted may include air quality, water quality,
wildlife habitat, benthic resources, fish, and marine mammals. Major
socio-economic considerations may include commercial and recreational
fishing, vessel space-use issues, and changes to the viewshed during
and after decommissioning activities. Factors that may produce impacts
include air emissions, water pollution, noise, habitat alteration, and
turbidity.
Anticipated Permits and Authorizations
Neither the PEIS nor the resulting programmatic ROD will authorize
any specific activities or approve any individual applications. The
PEIS and ROD will provide a programmatic environmental analysis and
framework to support future decisionmaking on individual
decommissioning applications. When decommissioning applications are
submitted to BSEE, the site-specific characteristics of the project
will be evaluated at that time by preparing additional environmental
analyses that may tier to this PEIS. Based on the site-specific
applications and evaluations, BSEE may then reach a site-specific NEPA
determination and approve, approve with conditions, or deny individual
decommissioning applications. This PEIS will inform future BSEE
decisions on various decommissioning activities, but will not
independently approve or authorize any applications or permits and
therefore neither the PEIS nor ROD will constitute final agency action.
Potential future BSEE decisions that may rely on this PEIS include
decisions on initial platform removal applications (30 CFR 250.1726),
decisions on final applications to remove a platform or other facility
(30 CFR 250.1727), decisions on pipeline decommissioning applications
(30 CFR 250.1750 and 250.1752), decisions on departure requests (30 CFR
250.142 and 250.1730), and decisions on alternate procedures or
equipment requests (30 CFR 250.141). The decommissioning process may
also require permits and approvals from other agencies, potentially
including the U.S. Army Corps of Engineers, the U.S. Coast Guard, and
the California Coastal Commission, among others. Further,
decommissioning of OCS facilities may proceed concurrently with
decommissioning activities for related oil and gas infrastructure
located in State waters and onshore, and therefore may involve
additional oversight and approvals from the State of California.
Schedule for the Decision-Making Process
The draft PEIS is tentatively scheduled for publication in February
2022. The final PEIS is tentatively scheduled for publication in June
2022, with a ROD to follow no sooner than 30 days later.
The timing of regulatory decisions that BSEE must make on future
decommissioning applications is uncertain. BSEE could receive
applications for decommissioning at any time over the next several
years, with actual decommissioning occurring any time into subsequent
years and possibly decades. The intent of this programmatic analysis is
to analyze broad commonalities among expected future decommissioning
projects and to provide a forum for early consideration of programmatic
impacts and policy choices. BSEE expects that once decommissioning
applications are received, additional analyses will then be tiered to
this PEIS (including any supplemental PEISs, as appropriate) and will
consider the site-specific circumstances present at that time.
Public Scoping Process
This NOI initiates the scoping process, which guides the
development of the PEIS. The scope of the PEIS is the range of issues,
alternatives, impacts, and mitigation measures to be considered.
Scoping will help focus the analysis in the PEIS on the significant
issues and alternatives and will eliminate from detailed consideration
any issues that are insignificant or irrelevant. After the publication
of this NOI in the Federal Register, the public will have 45 days to
submit comments; the deadline to submit comments is identified in the
DATES section above. The methods to submit comments are provided in the
ADDRESSES section above. Supplemental information to assist the public
in providing scoping comments is available at <a href="http://www.boem.gov/Pacific-decomm-PEIS">www.boem.gov/Pacific-decomm-PEIS</a>. This supplemental information includes maps of the
relevant geographic area, a description of the environmental setting,
and further details about existing oil and gas infrastructure.
Please include your name and address as part of your comment. BSEE
makes all comments, including the names, addresses, and other
personally identifiable information included in the comment, available
for public review online and during regular business hours. Individuals
may request that BSEE withhold their names or addresses from the public
record; however, BSEE cannot guarantee that it will be able to do so.
In order for BSEE to withhold from disclosure your personally
identifiable information, you must identify any information contained
in your comments that, if released, would constitute a clearly
unwarranted invasion of your privacy. You also must briefly describe
any possible harmful consequences of the disclosure of information,
such as embarrassment, injury, or other harm. All submissions from
organizations or businesses and from individuals identifying themselves
as representatives or officials of organizations or businesses will be
made available for public inspection in their entirety.
NEPA Cooperating Agencies
BSEE invites other Federal agencies and State, federally recognized
tribes (Tribes), and local governments to consider becoming cooperating
agencies in the preparation of this PEIS. The Council on Environmental
Quality (CEQ) NEPA regulations specify that qualified agencies and
governments are those with ``jurisdiction by law or
[[Page 39057]]
special expertise.'' 40 CFR 1501.7(h). Potential cooperating agencies
should consider their authority and capacity to assume the
responsibilities of a cooperating agency and should be aware that an
agency's role in the environmental analysis neither enlarges nor
diminishes the final decision-making authority of any other agency
involved in the NEPA process.
Upon request, BSEE will provide potential cooperating agencies with
a written summary of expectations for cooperating agencies, including
schedules, milestones, responsibilities, scope and detail of
cooperating agencies' contributions, and availability of pre-decisional
information. BSEE anticipates this summary will form the basis for a
memorandum of agreement between BSEE and any cooperating agency outside
the Department of the Interior. Agencies also should consider the
factors for determining cooperating agency status in CEQ's memorandum
entitled, ``Cooperating Agencies in Implementing the Procedural
Requirements of the National Environmental Policy Act,'' dated January
30, 2002. This document is available on the internet at: <a href="https://www.energy.gov/nepa/downloads/cooperating-agencies-implementing-procedural-requirements-national-environmental">https://www.energy.gov/nepa/downloads/cooperating-agencies-implementing-procedural-requirements-national-environmental</a>. BSEE, as the lead
agency, will not provide financial assistance to cooperating agencies.
Even if a governmental entity is not a cooperating agency, it will have
opportunities to provide information and comments to BSEE during the
public input stages of the NEPA process.
National Historic Preservation Act (NHPA) Consulting Parties
Certain individuals and organizations with a demonstrated interest
in the Preliminary Proposed Action or alternatives may request to
participate as NHPA consulting parties under 36 CFR 800.2(c)(5) based
on their legal or economic stake in historic properties affected by the
Preliminary Proposed Action or its alternatives. Additionally, the same
provision allows those with concerns about the Preliminary Proposed
Action's effect on historic properties to request to be consulting
parties. Parallel with its NEPA analyses, BSEE will compile a list of
potential consulting parties and, in writing, invite these potential
participants to become consulting parties. To become a consulting
party, those invited must respond in writing. Interested individuals or
organizations that do not receive an invitation may request to be
consulting parties by writing to BSEE via the means provided in the
ADDRESSES section above. BSEE will determine which interested parties
should be consulting parties.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
BSEE invites interested Federal and State agencies, Tribes,
organizations and enterprises, and individuals to submit comments or
suggestions that assist in identifying potentially significant
environmental issues, relevant information, alternatives to the
Proposed Action, and determining the scope of the Proposed Action.
Decision Maker
The decision maker for approving Pacific OCS decommissioning
activities is the BSEE Pacific OCS Regional Director. The responsible
official for the environmental analysis process and development of this
PEIS is the BSEE Director.
Nature of Future Decisions To Be Made
The BSEE Pacific OCS Regional Director will render decisions
regarding decommissioning applications for oil and gas platforms,
pipelines, and other facilities and associated infrastructure on the
OCS offshore Southern California in accordance with the applicable
implementing regulations of the Outer Continental Shelf Lands Act
(OCSLA), 30 CFR part 250 Subpart Q--Decommissioning Activities.
Potential future decisions include approvals for initial platform
removal applications, final applications to remove a platform or other
facility, applications to decommission pipelines, and the granting of
departures or alternate procedures or equipment.
Scott Mabry,
Acting Director, Bureau of Safety and Environmental Enforcement,
Associate Director for Administration.
[FR Doc. 2021-15723 Filed 7-22-21; 8:45 am]
BILLING CODE 4310-VH-P
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