e-CFR Data is current as of June 17, 2010
Subpart B—Plans and InformationSource: 70 FR 51501, Aug. 30, 2005, unless otherwise noted. General Information§ 250.200 Definitions.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?(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.
(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. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 25200, May 4, 2007] § 250.202 What criteria must the Exploration Plan (EP), Development and Production Plan (DPP), or Development Operations Coordination Document (DOCD) meet?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?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?(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?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?(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§ 250.207 What ancillary activities may I conduct?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?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?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?(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 §250.197(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 §250.197(b). [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 25200, May 4, 2007] Contents of Exploration Plans (EP)§ 250.211 What must the EP include?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). (d) Service fee . You must include payment of the service fee listed in §250.125. [70 FR 51501, Aug. 30, 2005, as amended at 71 FR 40911, July 19, 2006] § 250.212 What information must accompany the EP?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?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?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?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) H 2 S 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?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, federally listed threatened or endangered species, marine mammals protected under the Marine Mammal Protection Act (MMPA), sensitive underwater features, marine sanctuaries, critical habitat designated under the Endangered Species Act (ESA), 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. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18584, Apr. 13, 2007] § 250.217 What solid and liquid wastes and discharges information and cooling water intake information must accompany the EP?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?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 PM10and PM2.5when 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?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?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?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) Incidental takes . If there is reason to believe that protected species may be incidentally taken by planned exploration activities, you must describe how you will monitor for incidental take of: (1) Threatened and endangered species listed under the ESA and (2) Marine mammals, as appropriate, if you have not already received authorization for incidental take as may be necessary under the MMPA. (c) 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. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18584, Apr. 13, 2007] § 250.222 What lease stipulations information must accompany the EP?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?(a) 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. (b) If there is reason to believe that protected species may be incidentally taken by planned exploration activities, you must include mitigation measures designed to avoid or minimize the incidental take of: (1) Threatened and endangered species listed under the ESA and (2) Marine mammals, as appropriate, if you have not already received authorization for incidental take as may be necessary under the MMPA. [72 FR 18585, Apr. 13, 2007] § 250.224 What information on support vessels, offshore vehicles, and aircraft you will use must accompany the EP?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?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?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?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) of 1969 (42 U.S.C. 4321 et seq. ) and other relevant Federal laws such as the ESA and the MMPA. (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, cooling water intake structures, and those identified in relevant ESA biological opinions such as, but not limited to, those from noise, vessel collisions, and marine trash and debris) 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. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18585, Apr. 13, 2007] § 250.228 What administrative information must accompany the EP?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§ 250.231 After receiving the EP, what will MMS do?(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?(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)(ii) 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. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 25200, May 4, 2007] § 250.233 What decisions will MMS make on the EP and within what timeframe?(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:
[70 FR 51501, Aug. 30, 2005, as amended at 74 FR 46908, Sept. 14, 2009] § 250.234 How do I submit a modified EP or resubmit a disapproved EP, and when will MMS make a decision?(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?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)§ 250.241 What must the DPP or DOCD include?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: (1) Development drilling; (2) Well test flaring; (3) Installation of production platforms, satellite structures, subsea wellheads and manifolds, and lease term pipelines (see definition at §250.105); and (4) Installation of production facilities and conduct of production operations. (b) Location. The location and water depth of each of your proposed wells and production facilities. Include a map showing the surface and bottom-hole location and water depth of each proposed well, the surface location of each production facility, and the locations of all associated drilling unit and construction barge anchors. (c) Drilling unit. A description of the drilling unit and associated equipment you will use to conduct your proposed development drilling activities. Include a brief description of its important safety and pollution prevention features, and a table indicating the type and the estimated maximum quantity of fuels and oil that will be stored on the facility (see third definition of “facility” under §250.105). (d) Production facilities. A description of the production platforms, satellite structures, subsea wellheads and manifolds, lease term pipelines (see definition at §250.105), production facilities, umbilicals, and other facilities you will use to conduct your proposed development and production activities. Include a brief description of their important safety and pollution prevention features, and a table indicating the type and the estimated maximum quantity of fuels and oil that will be stored on the facility (see third definition of “facility” under §250.105). (e) Service fee . You must include payment of the service fee listed in §250.125. [70 FR 51501, Aug. 30, 2005, as amended at 71 FR 40911, July 19, 2006] § 250.242 What information must accompany the DPP or DOCD?The following information must accompany your DPP or DOCD. (a) General information required by §250.243; (b) G&G information required by §250.244; (c) Hydrogen sulfide information required by §250.245; (d) Mineral resource conservation information required by §250.246; (e) Biological, physical, and socioeconomic information required by §250.247; (f) Solid and liquid wastes and discharges information and cooling water intake information required by §250.248; (g) Air emissions information required by §250.249; (h) Oil and hazardous substance spills information required by §250.250; (i) Alaska planning information required by §250.251; (j) Environmental monitoring information required by §250.252; (k) Lease stipulations information required by §250.253; (l) Mitigation measures information required by §250.254; (m) Decommissioning information required by §250.255; (n) Related facilities and operations information required by §250.256; (o) Support vessels and aircraft information required by §250.257; (p) Onshore support facilities information required by §250.258; (q) Sulphur operations information required by §250.259; (r) Coastal zone management information required by §250.260; (s) Environmental impact analysis information required by §250.261; and (t) Administrative information required by §250.262. § 250.243 What general information must accompany the DPP or DOCD?The following general information must accompany your DPP or DOCD: (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 carry out your proposed development and production 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 development wells. (c) Production. The following production information: (1) Estimates of the average and peak rates of production for each type of production and the life of the reservoir(s) you intend to produce; and (2) The chemical and physical characteristics of the produced oil (see definition under 30 CFR 254.6) that you will handle or store at the facilities you will use to conduct your proposed development and production activities. (d) 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 development and production activities. You need 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. (e) 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 development and production activities. In the public information copies of your DPP or DOCD, 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 development and production activities, include a statement so indicating. (f) Bonds, oil spill financial responsibility, and well control statements. Statements attesting that: (1) The activities and facilities proposed in your DPP or DOCD 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 DPP or DOCD, 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. (g) Suspensions of production or operations. A brief discussion of any suspensions of production or suspensions of operations that you anticipate may be necessary in the course of conducting your activities under the DPP or DOCD. (h) Blowout scenario. A scenario for a potential blowout of the proposed well in your DPP or DOCD 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. (i) Contact. The name, mailing address, (e-mail address if available), and telephone number of the person with whom the Regional Supervisor and the affected State(s) can communicate about your DPP or DOCD. § 250.244 What geological and geophysical (G&G) information must accompany the DPP or DOCD?The following G&G information must accompany your DPP or DOCD: (a) Geological description. A geological description of the prospect(s). (b) Structure contour maps. Current structure contour maps (depth-based, expressed in feet subsea) showing depths of expected productive formations and 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. Provide this information as an enclosure to only one proprietary copy of your DPP or DOCD. (d) Geological cross-sections. Interpreted geological cross-sections showing the depths of expected productive formations. (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 geologic 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 DPP or DOCD. 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 each proposed well. (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 G&G explorations and development G&G activities that you may conduct for lease or unit purposes after your DPP or DOCD is approved. § 250.245 What hydrogen sulfide (H2S) information must accompany the DPP or DOCD?The following H2S information, as applicable, must accompany your DPP or DOCD: (a) Concentration. The estimated concentration of any H2S you might encounter or handle while you conduct your proposed development and production activities. (b) Classification. Under §250.490(c), a request that the Regional Supervisor classify the area of your proposed development and production activities as either H2S absent, H2S present, or H2S unknown. Provide sufficient information to justify your request. (c) H 2S Contingency Plan. If you request that the Regional Supervisor classify the area of your proposed development and production 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 development and production activities. (d) Modeling report. (1) If you have determined or estimated that the concentration of any H2S you may encounter or handle while you conduct your development and production activities will be greater than 500 parts per million (ppm), you must: (i) Model a potential worst case H2S release from the facilities you will use to conduct your proposed development and production activities; and (ii) Include a modeling report or modeling results, or a reference to such report or results if you have already submitted it to the Regional Supervisor. (2) The analysis in the modeling report must be specific to the particular site of your development and production 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 activities. (3) If any H2S emissions are projected to affect an onshore location in concentrations greater than 10 ppm, the modeling analysis must be consistent with the EPA's risk management plan methodologies outlined in 40 CFR part 68. § 250.246 What mineral resource conservation information must accompany the DPP or DOCD?The following mineral resource conservation information, as applicable, must accompany your DPP or DOCD: (a) Technology and reservoir engineering practices and procedures . A description of the technology and reservoir engineering practices and procedures you will use to increase the ultimate recovery of oil and gas (e.g., secondary, tertiary, or other enhanced recovery practices). If you will not use enhanced recovery practices initially, provide an explanation of the methods you considered and the reasons why you are not using them. (b) Technology and recovery practices and procedures . A description of the technology and recovery practices and procedures you will use to ensure optimum recovery of oil and gas or sulphur. (c) Reservoir development . A discussion of exploratory well results, other reservoir data, proposed well spacing, completion methods, and other relevant well plan information. § 250.247 What biological, physical, and socioeconomic information must accompany the DPP or DOCD?If you obtain the following information in developing your DPP or DOCD, 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, federally listed threatened or endangered species, marine mammals protected under the MMPA, sensitive underwater features, marine sanctuaries, critical habitat designated under the ESA, 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 related to your proposed development and production activities. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18585, Apr. 13, 2007] § 250.248 What solid and liquid wastes and discharges information and cooling water intake information must accompany the DPP or DOCD?The following solid and liquid wastes and discharges information and cooling water intake information must accompany your DPP or DOCD: (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, produced waters, and chemical product wastes) likely to be generated by your proposed development and production 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 facility 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, adding to a produced water stream, 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 development and production 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. A modeling report or the modeling results (if you modeled the discharges of your projected solid or liquid wastes in developing your DPP or DOCD), 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 development and production 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. § 250.249 What air emissions information must accompany the DPP or DOCD?The following air emissions information, as applicable, must accompany your DPP or DOCD: (a) Projected emissions. Tables showing the projected emissions of sulphur dioxide (SO2), particulate matter in the form of PM10and PM2.5when applicable, nitrogen oxides (NOX), carbon monoxide (CO), and volatile organic compounds (VOC) that will be generated by your proposed development and production activities. (1) For each source on or associated with the facility you will use to conduct your proposed development and production activities, 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 development and production activities; (iv) The frequency and duration of emissions; and (v) The total of all emissions listed in paragraph (a)(1)(i) through (iv) of this section. (2) If your proposed production and development activities would result in an increase in the emissions of an air pollutant from your facility to an amount greater than the amount specified in your previously approved DPP or DOCD, you must show the revised emission rates for each source as well as the incremental change for each source. (3) You must provide the basis for all calculations, including engine size and rating, and applicable operational information. (4) You must base the projected emissions on the maximum rated capacity of the equipment and the maximum throughput of the facility you will use to conduct your proposed development and production activities under its physical and operational design. (5) 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 frequency, duration, and maximum burn rate of any flaring activity. (d) Distance to shore. Identification of the distance of the site of your proposed development and production activities from the mean high water mark (mean higher high water mark on the Pacific coast) of the adjacent State. (e) Non-exempt facilities. 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 development and production 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 DPP or DOCD), or a reference to such report or results if you have already submitted it to the Regional Supervisor. § 250.250 What oil and hazardous substance spills information must accompany the DPP or DOCD?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 DPP or DOCD: (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 proposed development and production 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 development and production activities; and (v) A description of the worst case oil spill scenario that could result from your proposed development and production 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 DPP or DOCD, 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. § 250.251 If I propose activities in the Alaska OCS Region, what planning information must accompany the DPP?If you propose development and production activities in the Alaska OCS Region, the following planning information must accompany your DPP: (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; and (b) Critical operations and curtailment procedures. Critical operations and curtailment procedures for your development and production activities. The procedures must identify ice conditions, weather, and other constraints under which the development and production activities will either be curtailed or not proceed. § 250.252 What environmental monitoring information must accompany the DPP or DOCD?The following environmental monitoring information, as applicable, must accompany your DPP or DOCD: (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 development and production activities. (b) Incidental takes . If there is reason to believe that protected species may be incidentally taken by planned development and production activities, you must describe how you will monitor for incidental take of: (1) Threatened and endangered species listed under the ESA and (2) Marine mammals, as appropriate, if you have not already received authorization for incidental take of marine mammals as may be necessary under the MMPA. (c) Flower Garden Banks National Marine Sanctuary (FGBNMS) . If you propose to conduct development and production 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 of the FGBNMS. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18585, Apr. 13, 2007] § 250.253 What lease stipulations information must accompany the DPP or DOCD?A description of the measures you took, or will take, to satisfy the conditions of lease stipulations related to your proposed development and production activities must accompany your DPP or DOCD. § 250.254 What mitigation measures information must accompany the DPP or DOCD?(a) 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 development and production activities, a description of the measures you will use must accompany your DPP or DOCD. (b) If there is reason to believe that protected species may be incidentally taken by planned development and production activities, you must include mitigation measures designed to avoid or minimize that incidental take of: (1) Threatened and endangered species listed under the ESA and (2) Marine mammals, as appropriate, if you have not already received authorization for incidental take as may be necessary under the MMPA. [72 FR 18585, Apr. 13, 2007] § 250.255 What decommissioning information must accompany the DPP or DOCD?A brief description of how you intend to decommission your wells, platforms, pipelines, and other facilities, and clear your site(s) must accompany your DPP or DOCD. § 250.256 What related facilities and operations information must accompany the DPP or DOCD?The following information regarding facilities and operations directly related to your proposed development and production activities must accompany your DPP or DOCD. (a) OCS facilities and operations . A description and location of any of the following that directly relate to your proposed development and production activities: (1) Drilling units; (2) Production platforms; (3) Right-of-way pipelines (including those that transport chemical products and produced water); and (4) Other facilities and operations located on the OCS (regardless of ownership). (b) Transportation system . A discussion of the transportation system that you will use to transport your production to shore, including: (1) Routes of any new pipelines; (2) Information concerning barges and shuttle tankers, including the storage capacity of the transport vessel(s), and the number of transfers that will take place per year; (3) Information concerning any intermediate storage or processing facilities; (4) An estimate of the quantities of oil, gas, or sulphur to be transported from your production facilities; and (5) A description and location of the primary onshore terminal. § 250.257 What information on the support vessels, offshore vehicles, and aircraft you will use must accompany the DPP or DOCD?The following information on the support vessels, offshore vehicles, and aircraft you will use must accompany your DPP or DOCD: (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 development and production activities. The description of vessels and offshore vehicles must estimate the storage capacity of their fuel tanks and the frequency of their visits to the facilities you will use to conduct your proposed development and production activities. (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 the facilities you will use to conduct your proposed development and production activities. (c) Drilling fluids and chemical products transportation. A description of the transportation method and quantities of drilling fluids and chemical products (see §250.243(b) and (d)) you will transport from the onshore support facilities you will use to the facilities you will use to conduct your proposed development and production activities. (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 §250.248(a)) you will transport from the facilities you will use to conduct your proposed development and production activities. (e) Vicinity map. A map showing the location of your proposed development and production 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 the facilities you will use to conduct your proposed development and production activities. § 250.258 What information on the onshore support facilities you will use must accompany the DPP or DOCD?The following information on the onshore support facilities you will use must accompany your DPP or DOCD: (a) General. A description of the onshore facilities you will use to provide supply and service support for your proposed development and production 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; and (2) For DPPs only, provide a timetable for acquiring lands (including rights-of-way and easements) and constructing or expanding any of the onshore support facilities. (b) Air emissions. A description of the source, composition, frequency, and duration of the air emissions (attributable to your proposed development and production 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 development and production 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 development and production activities (see §250.248(a)) and the types and quantities of such wastes. § 250.259 What sulphur operations information must accompany the DPP or DOCD?If you are proposing to conduct sulphur development and production activities, the following information must accompany your DPP or DOCD: (a) Bleedwater. A discussion of the bleedwater that will be generated by your proposed sulphur activities, including the measures you will take to mitigate the potential toxic or thermal impacts on the environment caused by the discharge of bleedwater. (b) Subsidence. An estimate of the degree of subsidence expected at various stages of your sulphur development and production activities, and a description of the measures you will take to mitigate the effects of subsidence on existing or potential oil and gas production, production platforms, and production facilities, and to protect the environment. § 250.260 What Coastal Zone Management Act (CZMA) information must accompany the DPP or DOCD?The following CZMA information must accompany your DPP or DOCD: (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(c) stating that the proposed development and production activities described in detail in this DPP or DOCD 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). [70 FR 51501, Aug. 30, 2005, as amended at 73 FR 20171, Apr. 15, 2008] § 250.261 What environmental impact analysis (EIA) information must accompany the DPP or DOCD?The following EIA information must accompany your DPP or DOCD: (a) General requirements. Your EIA must: (1) Assess the potential environmental impacts of your proposed development and production activities; (2) Be project specific; and (3) Be as detailed as necessary to assist the Regional Supervisor in complying with the NEPA of 1969 (42 U.S.C. 4321 et seq. ) and other relevant Federal laws such as the ESA and the MMPA. (b) Resources, conditions, and activities. Your EIA must describe those resources, conditions, and activities listed below that could be affected by your proposed development and production activities, or that could affect the construction and operation of facilities or structures or the activities proposed in your DPP or DOCD. (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; (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 the approximate number, timing, and duration of employment of persons engaged in onshore support and construction activities), population (including the approximate number of people and families added to local onshore areas), existing offshore and onshore infrastructure (including major sources of supplies, services, energy, and water), types of contractors or vendors that may place a demand on local goods and services, land use, subsistence resources and harvest practices, recreation, recreational and commercial fishing (including seasons, location, and type), minority and lower income groups, and CZMA 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, cooling water intake structures, and those identified in relevant ESA biological opinions such as, but not limited to, those from noise, vessel collisions, and marine trash and debris) that your proposed development and production activities will have on the identified resources, conditions, and activities; (2) Describe the type, severity, and duration of these potential impacts and their biological, physical, and other consequences and implications; (3) Describe potential measures to minimize or mitigate these potential impacts; (4) Describe any alternatives to your proposed development and production activities that you considered while developing your DPP or DOCD, and compare the potential environmental 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 development and production activities. (e) References cited. Your EIA must include a list of the references that you cite in the EIA. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18585, Apr. 13, 2007] § 250.262 What administrative information must accompany the DPP or DOCD?The following administrative information must accompany your DPP or DOCD: (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 DPP or DOCD 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 DPP or DOCD 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 DPP or DOCD§ 250.266 After receiving the DPP or DOCD, what will MMS do?(a) Determine whether deemed submitted. Within 25 working days after receiving your proposed DPP or DOCD and its accompanying information, the Regional Supervisor will deem your DPP or DOCD submitted if: (1) The submitted information, including the information that must accompany the DPP or DOCD (refer to the list in §250.242), 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 25 working days after the Regional Supervisor receives your DPP or DOCD and its accompanying information. The Regional Supervisor will not deem your DPP or DOCD submitted until you have corrected all problems or deficiencies identified in the notice. (c) Deemed submitted notification. The Regional Supervisor will notify you when your DPP or DOCD is deemed submitted. § 250.267 What actions will MMS take after the DPP or DOCD is deemed submitted?(a) State, local government, CZMA consistency, and other reviews. Within 2 working days after the Regional Supervisor deems your DPP or DOCD submitted under §250.266, the Regional Supervisor will use receipted mail or alternative method to send a public information copy of the DPP or DOCD and its accompanying information to the following: (1) The Governor of each affected State. The Governor has 60 calendar days after receiving your deemed-submitted DPP or DOCD to submit comments and recommendations. The Regional Supervisor will not consider comments and recommendations received after the deadline. (2) The executive of any affected local government who requests a copy. The executive of any affected local government has 60 calendar days after receipt of your deemed-submitted DPP or DOCD to submit comments and recommendations. The Regional Supervisor will not consider comments and recommendations received after the deadline. The executive of any affected local government must forward all comments and recommendations to the respective Governor before submitting them to the Regional Supervisor. (3) The CZMA agency of each affected State. The CZMA consistency review period under section 307(c)(3)(B)(ii) of the CZMA (16 U.S.C.1456(c)(3)(B)(ii)) and 15 CFR 930.78 begins when the States CZMA agency receives a copy of your deemed-submitted DPP or DOCD, consistency certification, and required necessary data/information (see 15 CFR 930.77(a)(1)). (b) General public. Within 2 working days after the Regional Supervisor deems your DPP or DOCD submitted under §250.266, the Regional Supervisor will make a public information copy of the DPP or DOCD and its accompanying information available for review to any appropriate interstate regional entity and the public at the appropriate MMS Regional Public Information Office. Any interested Federal agency or person may submit comments and recommendations to the Regional Supervisor. Comments and recommendations must be received by the Regional Supervisor within 60 calendar days after the DPP or DOCD including its accompanying information is made available. (c) MMS compliance review. The Regional Supervisor will review the development and production activities in your proposed DPP or DOCD to ensure that they conform to the performance standards in §250.202. (d) Amendments. During the review of your proposed DPP or DOCD, the Regional Supervisor may require you, or you may elect, to change your DPP or DOCD. If you elect to amend your DPP or DOCD, the Regional Supervisor may determine that your DPP or DOCD, as amended, is subject to the requirements of §250.266. § 250.268 How does MMS respond to recommendations?(a) Governor. The Regional Supervisor will accept those recommendations from the Governor that provide a reasonable balance between the national interest and the well-being of the citizens of each affected State. The Regional Supervisor will explain in writing to the Governor the reasons for rejecting any of his or her recommendations. (b) Local governments and the public. The Regional Supervisor may accept recommendations from the executive of any affected local government or the public. (c) Availability. The Regional Supervisor will make all comments and recommendations available to the public upon request. § 250.269 How will MMS evaluate the environmental impacts of the DPP or DOCD?The Regional Supervisor will evaluate the environmental impacts of the activities described in your proposed DPP or DOCD 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). (a) Environmental impact statement (EIS) declaration. At least once in each OCS planning area (other than the Western and Central GOM Planning Areas), the Director will declare that the approval of a proposed DPP is a major Federal action, and MMS will prepare an EIS. (b) Leases or units in the vicinity. Before or immediately after the Director determines that preparation of an EIS is required, the Regional Supervisor may require lessees and operators of leases or units in the vicinity of the proposed development and production activities for which DPPs have not been approved to submit information about preliminary plans for their leases or units. (c) Draft EIS. The Regional Supervisor will send copies of the draft EIS to the Governor of each affected State and to the executive of each affected local government who requests a copy. Additionally, when MMS prepares a DPP EIS, and the Federally-approved CZMA program for an affected State requires a DPP NEPA document for use in determining consistency, the Regional Supervisor will forward a copy of the draft EIS to the State's CZMA agency. The Regional Supervisor will also make copies of the draft EIS available to any appropriate Federal agency, interstate regional entity, and the public. § 250.270 What decisions will MMS make on the DPP or DOCD and within what timeframe?(a) Timeframe. The Regional Supervisor will act on your deemed-submitted DPP or DOCD as follows: (1) The Regional Supervisor will make a decision within 60 calendar days after the latest of the day that: (i) The comment period provided in §250.267(a)(1), (a)(2), and (b) closes; (ii) The final EIS for a DPP is released or adopted; or (iii) The last amendment to your proposed DOCD is received by the Regional Supervisor. (2) Notwithstanding paragraph (a)(1) of this section, MMS will not approve your DPP or DOCD until either: (i) All affected States with approved CZMA programs concur, or have been conclusively presumed to concur, with your DPP or DOCD consistency certification under section 307(c)(3)(B)(i) and (ii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(i) and (ii)); or (ii) The Secretary of Commerce has made a finding authorized by section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in the DPP or DOCD is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of national security. (b) MMS decision. By the deadline in paragraph (a) of this section, the Regional Supervisor will take one of the following actions:
[70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18585, Apr. 13, 2007] § 250.271 For what reasons will MMS disapprove the DPP or DOCD?The Regional Supervisor will disapprove your proposed DPP or DOCD if one of the four reasons in this section applies: (a) Non-compliance. The Regional Supervisor determines that you have failed to demonstrate that you can comply with the requirements of the Outer Continental Shelf Lands Act, as amended (Act), implementing regulations, or other applicable Federal laws. (b) No consistency concurrence. (1) An affected State has not yet issued a final decision on your coastal zone consistency certification (see 15 CFR 930.78(a)); or (2) An affected State objects to your coastal zone consistency certification, and the Secretary of Commerce, under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)), has not found that each activity described in the DPP or DOCD is consistent with the objectives of the CZMA or is otherwise necessary in the interest of national security. (3) If the Regional Supervisor disapproved your DPP or DOCD for the sole reason that an affected State either has not yet issued a final decision on, or has objected to, your coastal zone consistency certification (see paragraphs (b)(1) and (2) in this section), the Regional Supervisor will approve your DPP or DOCD upon receipt of concurrence by the affected State, at the time concurrence of the affected State is conclusively presumed, or when the Secretary of Commerce makes a finding authorized by section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in your DPP or DOCD is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of national security. In that event, you do not need to resubmit your DPP or DOCD for approval under §250.273(b). (c) National security or defense conflicts. Your proposed activities would threaten national security or defense. (d) Exceptional circumstances. The Regional Supervisor determines because of exceptional geological conditions, exceptional resource values in the marine or coastal environment, or other exceptional circumstances that all of the following apply: (1) Implementing your DPP or DOCD would cause serious harm or damage to life (including fish and other aquatic life), property, any mineral deposits (in areas leased or not leased), the national security or defense, or the marine, coastal, or human environment; (2) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and (3) The advantages of disapproving your DPP or DOCD outweigh the advantages of development and production. § 250.272 If a State objects to the DPP's or DOCD's coastal zone consistency certification, what can I do?If an affected State objects to the coastal zone consistency certification accompanying your proposed or disapproved DPP or DOCD, you may do one of the following: (a) Amend or resubmit your DPP or DOCD. Amend or resubmit your DPP or DOCD to accommodate the State's objection and submit the amendment or resubmittal to the Regional Supervisor for approval. The amendment or resubmittal needs to only address information related to the State's objections. (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 DPP or DOCD 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 or resubmit your DPP or DOCD, as described in paragraph (a) of this section. (c) Withdraw your DPP or DOCD. Withdraw your DPP or DOCD if you decide not to conduct your proposed development and production activities. § 250.273 How do I submit a modified DPP or DOCD or resubmit a disapproved DPP or DOCD?(a) Modified DPP or DOCD. If the Regional Supervisor requires you to modify your proposed DPP or DOCD under §250.270(b)(2), you must submit the modification(s) to the Regional Supervisor in the same manner as for a new DPP or DOCD. You need submit only information related to the proposed modification(s). (b) Resubmitted DPP or DOCD. If the Regional Supervisor disapproves your DPP or DOCD under §250.270(b)(3), and except as provided in §250.271(b)(3), you may resubmit the disapproved DPP or DOCD 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 DPP or DOCD. The Regional Supervisor will make a decision within 60 calendar days after the Regional Supervisor deems your modified or resubmitted DPP or DOCD to be submitted, or receives the last amendment to your modified or resubmitted DPP or DOCD, whichever occurs later. Post-Approval Requirements for the EP, DPP, and DOCD§ 250.280 How must I conduct activities under the approved EP, DPP, or DOCD?(a) Compliance. You must conduct all of your lease and unit activities according to your approved EP, DPP, or DOCD and any approval conditions. If you fail to comply with your approved EP, DPP, or DOCD: (1) You may be subject to MMS enforcement action, including civil penalties; and (2) The lease(s) involved in your EP, DPP, or DOCD may be forfeited or cancelled under 43 U.S.C. 1334(c) or (d). If this happens, you will not be entitled to compensation under §250.185(b) and 30 CFR 256.77. (b) Emergencies. Nothing in this subpart or in your approved EP, DPP, or DOCD relieves you of, or limits your responsibility to take appropriate measures to meet emergency situations. In an emergency situation, the Regional Supervisor may approve or require departures from your approved EP, DPP, or DOCD. § 250.281 What must I do to conduct activities under the approved EP, DPP, or DOCD?(a) Approvals and permits. Before you conduct activities under your approved EP, DPP, or DOCD you must obtain the following approvals and or permits, as applicable, from the District Manager or Regional Supervisor: (1) Approval of applications for permits to drill (APDs) (see §250.410); (2) Approval of production safety systems (see §250.800); (3) Approval of new platforms and other structures (or major modifications to platforms and other structures) (see §250.905); (4) Approval of applications to install lease term pipelines (see §250.1007); and (5) Other permits, as required by applicable law. (b) Conformance. The activities proposed in these applications and permits must conform to the activities described in detail in your approved EP, DPP, or DOCD. (c) Separate State CZMA consistency review. APDs, and other applications for licenses, approvals, or permits to conduct activities under your approved EP, DPP, or DOCD including those identified in paragraph (a) of this section, are not subject to separate State CZMA consistency review. (d) Approval restrictions for permits for activities conducted under EPs. The District Manager or Regional Supervisor will not approve any APDs or other applications for licenses, approvals, or permits under your approved EP until either: (1) All affected States with approved coastal zone management programs concur, or are conclusively presumed to concur, with the coastal zone consistency certification accompanying your EP under section 307(c)(3)(B)(i) and (ii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(i) and (ii)); or (2) The Secretary of Commerce finds, under section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C.1456(c)(3)(B)(iii)) that each activity covered by the EP is consistent with the objectives of the CZMA or is otherwise necessary in the interest of national security; (3) If an affected State objects to the coastal zone consistency certification accompanying your approved EP after MMS has approved your EP, you may either: (i) Revise your EP to accommodate the State's objection and submit the revision to the Regional Supervisor for approval; or (ii) 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: (A) Grant your appeal by making the finding described in paragraph (d)(2) of this section; or (B) Deny your appeal, in which case you may revise your EP as described in paragraph (d)(3)(i) of this section. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 25200, May 4, 2007] § 250.282 Do I have to conduct post-approval monitoring?After approving your EP, DPP, or DOCD, the Regional Supervisor may direct you to conduct monitoring programs, including monitoring in accordance with the ESA and the MMPA. You must retain copies of all monitoring data obtained or derived from your monitoring programs and make them available to the MMS upon request. The Regional Supervisor may require you to: (a) Monitoring plans. Submit monitoring plans for approval before you begin the work; and (b) Monitoring reports. Prepare and submit reports that summarize and analyze data and information obtained or derived from your monitoring programs. The Regional Supervisor will specify requirements for preparing and submitting these reports. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 18585, Apr. 13, 2007] § 250.283 When must I revise or supplement the approved EP, DPP, or DOCD?(a) Revised OCS plans. You must revise your approved EP, DPP, or DOCD when you propose to: (1) Change the type of drilling rig (e.g., jack-up, platform rig, barge, submersible, semisubmersible, or drillship), production facility (e.g., caisson, fixed platform with piles, tension leg platform), or transportation mode (e.g., pipeline, barge); (2) Change the surface location of a well or production platform by a distance more than that specified by the Regional Supervisor; (3) Change the type of production or significantly increase the volume of production or storage capacity; (4) Increase the emissions of an air pollutant to an amount that exceeds the amount specified in your approved EP, DPP, or DOCD; (5) Significantly increase the amount of solid or liquid wastes to be handled or discharged; (6) Request a new H2S area classification, or increase the concentration of H2S to a concentration greater than that specified by the Regional Supervisor; (7) Change the location of your onshore support base either from one State to another or to a new base or a base requiring expansion; or (8) Change any other activity specified by the Regional Supervisor. (b) Supplemental OCS plans. You must supplement your approved EP, DPP, or DOCD when you propose to conduct activities on your lease(s) or unit that require approval of a license or permit which is not described in your approved EP, DPP, or DOCD. These types of changes are called supplemental OCS plans. § 250.284 How will MMS require revisions to the approved EP, DPP, or DOCD?(a) Periodic review. The Regional Supervisor will periodically review the activities you conduct under your approved EP, DPP, or DOCD and may require you to submit updated information on your activities. The frequency and extent of this review will be based on the significance of any changes in available information and onshore or offshore conditions affecting, or affected by, the activities in your approved EP, DPP, or DOCD. (b) Results of review. The Regional Supervisor may require you to revise your approved EP, DPP, or DOCD based on this review. In such cases, the Regional Supervisor will inform you of the reasons for the decision. § 250.285 How do I submit revised and supplemental EPs, DPPs, and DOCDs?(a) Submittal. You must submit to the Regional Supervisor any revisions and supplements to approved EPs, DPPs, or DOCDs for approval, whether you initiate them or the Regional Supervisor orders them. (b) Information. Revised and supplemental EPs, DPPs, and DOCDs need include only information related to or affected by the proposed changes, including information on changes in expected environmental impacts. (c) Procedures. All supplemental EPs, DPPs, and DOCDs, and those revised EPs, DPPs, and DOCDs that the Regional Supervisor determines are likely to result in a significant change in the impacts previously identified and evaluated, are subject to all of the procedures under §250.231 through §250.235 for EPs and §250.266 through §250.273 for DPPs and DOCDs. [70 FR 51501, Aug. 30, 2005, as amended at 72 FR 25201, May 4, 2007] Deepwater Operations Plans (DWOP)§ 250.286 What is a DWOP?(a) A DWOP is a plan that provides sufficient information for MMS to review a deepwater development project, and any other project that uses non-conventional production or completion technology, from a total system approach. The DWOP does not replace, but supplements other submittals required by the regulations such as Exploration Plans, Development and Production Plans, and Development Operations Coordination Documents. MMS will use the information in your DWOP to determine whether the project will be developed in an acceptable manner, particularly with respect to operational safety and environmental protection issues involved with non-conventional production or completion technology. (b) The DWOP process consists of two parts: a Conceptual Plan and the DWOP. Section 250.289 prescribes what the Conceptual Plan must contain, and §250.292 prescribes what the DWOP must contain. § 250.287 For what development projects must I submit a DWOP?You must submit a DWOP for each development project in which you will use non-conventional production or completion technology, regardless of water depth. If you are unsure whether MMS considers the technology of your project non-conventional, you must contact the Regional Supervisor for guidance. § 250.288 When and how must I submit the Conceptual Plan?You must submit four copies, or one hard copy and one electronic version, of the Conceptual Plan to the Regional Director after you have decided on the general concept(s) for development and before you begin engineering design of the well safety control system or subsea production systems to be used after well completion. § 250.289 What must the Conceptual Plan contain?In the Conceptual Plan, you must explain the general design basis and philosophy that you will use to develop the field. You must include the following information: (a) An overview of the development concept(s); (b) A well location plat; (c) The system control type ( i.e. , direct hydraulic or electro-hydraulic); and (d) The distance from each of the wells to the host platform. § 250.290 What operations require approval of the Conceptual Plan?You may not complete any production well or install the subsea wellhead and well safety control system (often called the tree) before MMS has approved the Conceptual Plan. § 250.291 When and how must I submit the DWOP?You must submit four copies, or one hard copy and one electronic version, of the DWOP to the Regional Director after you have substantially completed safety system design and before you begin to procure or fabricate the safety and operational systems (other than the tree), production platforms, pipelines, or other parts of the production system. § 250.292 What must the DWOP contain?You must include the following information in your DWOP: (a) A description and schematic of the typical wellbore, casing, and completion; (b) Structural design, fabrication, and installation information for each surface system, including host facilities; (c) Design, fabrication, and installation information on the mooring systems for each surface system; (d) Information on any active stationkeeping system(s) involving thrusters or other means of propulsion used with a surface system; (e) Information concerning the drilling and completion systems; (f) Design and fabrication information for each riser system (e.g., drilling, workover, production, and injection); (g) Pipeline information; (h) Information about the design, fabrication, and operation of an offtake system for transferring produced hydrocarbons to a transport vessel; (i) Information about subsea wells and associated systems that constitute all or part of a single project development covered by the DWOP; (j) Flow schematics and Safety Analysis Function Evaluation (SAFE) charts (API RP 14C, subsection 4.3c, incorporated by reference in §250.198) of the production system from the Surface Controlled Subsurface Safety Valve (SCSSV) downstream to the first item of separation equipment; (k) A description of the surface/subsea safety system and emergency support systems to include a table that depicts what valves will close, at what times, and for what events or reasons; (l) A general description of the operating procedures, including a table summarizing the curtailment of production and offloading based on operational considerations; (m) A description of the facility installation and commissioning procedure; (n) A discussion of any new technology that affects hydrocarbon recovery systems; (o) A list of any alternate compliance procedures or departures for which you anticipate requesting approval; and (p) Payment of the service fee listed in §250.125. [70 FR 51501, Aug. 30, 2005, as amended at 71 FR 40911, July 19, 2006] § 250.293 What operations require approval of the DWOP?You may not begin production until MMS approves your DWOP. § 250.294 May I combine the Conceptual Plan and the DWOP?If your development project meets the following criteria, you may submit a combined Conceptual Plan/DWOP on or before the deadline for submitting the Conceptual Plan. (a) The project is located in water depths of less than 400 meters (1,312 feet); and (b) The project is similar to projects involving non-conventional production or completion technology for which you have obtained approval previously. § 250.295 When must I revise my DWOP?You must revise either the Conceptual Plan or your DWOP to reflect changes in your development project that materially alter the facilities, equipment, and systems described in your plan. You must submit the revision within 60 days after any material change to the information required for that part of your plan. Conservation Information Documents (CID)§ 250.296 When and how must I submit a CID or a revision to a CID?(a) You must submit one original and two copies of a CID to the appropriate OCS Region at the same time you first submit your DOCD or DPP for any development of a lease or leases located in water depths greater than 400 meters (1,312 feet). You must also submit a CID for a Supplemental DOCD or DPP when requested by the Regional Supervisor. The submission of your CID must be accompanied by payment of the service fee listed in §250.125. (b) If you decide not to develop a reservoir you committed to develop in your CID, you must submit one original and two copies of a revision to the CID to the appropriate OCS Region. The revision to the CID must be submitted within 14 calendar days after making your decision not to develop the reservoir and before the reservoir is bypassed. The Regional Supervisor will approve or disapprove any such revision to the original CID. If the Regional Supervisor disapproves the revision, you must develop the reservoir as described in the original CID. [70 FR 51501, Aug. 30, 2005, as amended at 71 FR 40911, July 19, 2006] § 250.297 What information must a CID contain?(a) You must base the CID on wells drilled before your CID submittal, that define the extent of the reservoirs. You must notify MMS of any well that is drilled to total depth during the CID evaluation period and you may be required to update your CID. (b) You must include all of the following information if available. Information must be provided for each hydrocarbon-bearing reservoir that is penetrated by a well that would meet the producibility requirements of §250.115 or §250.116: (1) General discussion of the overall development of the reservoir; (2) Summary spreadsheets of well log data and reservoir parameters ( i.e. , sand tops and bases, fluid contacts, net pay, porosity, water saturations, pressures, formation volume factor); (3) Appropriate well logs, including digital well log ( i.e. , gamma ray, resistivity, neutron, density, sonic, caliper curves) curves in an acceptable digital format; (4) Sidewall core/whole core and pressure-volume-temperature analysis; (5) Structure maps, with the existing and proposed penetration points and subsea depths for all wells penetrating the reservoirs, fluid contacts (or the lowest or highest known levels in the absence of actual contacts), reservoir boundaries, and the scale of the map; (6) Interpreted structural cross sections and corresponding interpreted seismic lines or block diagrams, as necessary, that include all current wellbores and planned wellbores on the leases or units to be developed, the reservoir boundaries, fluid contacts, depth scale, stratigraphic positions, and relative biostratigraphic ages; (7) Isopach maps of each reservoir showing the net feet of pay for each well within the reservoir identified at the penetration point, along with the well name, labeled contours, and scale; (8) Estimates of original oil and gas in-place and anticipated recoverable oil and gas reserves, all reservoir parameters, and risk factors and assumptions; (9) Plat map at the same scale as the structure maps with existing and proposed well paths, as well as existing and proposed penetrations; (10) Wellbore schematics indicating proposed perforations; (11) Proposed wellbore utility chart showing all existing and proposed wells, with proposed completion intervals indicated for each borehole; (12) Appropriate pressure data, specified by date, and whether estimated or measured; (13) Description of reservoir development strategies; (14) Description of the enhanced recovery practices you will use or, if you do not plan to use such practices, an explanation of the methods you considered and reasons you do not intend to use them; (15) For each reservoir you do not intend to develop: (i) A statement explaining the reason(s) you will not develop the reservoir, and (ii) Economic justification, including costs, recoverable reserve estimate, production profiles, and pricing assumptions; and (16) Any other appropriate data you used in performing your reservoir evaluations and preparing your reservoir development strategies. § 250.298 How long will MMS take to evaluate and make a decision on the CID?(a) The Regional Supervisor will make a decision within 150 calendar days of receiving your CID. If MMS does not act within 150 calendar days, your CID is considered approved. (b) MMS may suspend the 150-calendar-day evaluation period if there is missing, inconclusive, or inaccurate data, or when a well reaches total depth during the evaluation period. MMS may also suspend the evaluation period when a well penetrating a hydrocarbon-bearing structure reaches total depth during the evaluation period and the data from that well is needed for the CID. You will receive written notification from the Regional Supervisor describing the additional information that is needed, and the evaluation period will resume once MMS receives the requested information. (c) The Regional Supervisor will approve or deny your CID request based on your commitment to develop economically producible reservoirs according to sound conservation, engineering, and economic practices. § 250.299 What operations require approval of the CID?You may not begin production before you receive MMS approval of the CID.
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| File Type | application/msword |
| File Title | e-CFR Data is current as of June 17, 2010 |
| Author | blundonc |
| Last Modified By | blundonc |
| File Modified | 2010-06-21 |
| File Created | 2010-06-21 |