# Marine Transportation of Federal Outer Continental Shelf (OCS) Crude Oil Produced Offshore California > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-31944 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** December 5, 1997 - **Citation:** 62 FR 64399 ## Text DEPARTMENT OF THE INTERIOR Minerals Management Service Marine Transportation of Federal Outer Continental Shelf (OCS) Crude Oil Produced Offshore California AGENCY: Minerals Management Service (MMS), Interior. ACTION: Proposed Notice to Lessees and Operators (NTL). ----------------------------------------------------------------------- SUMMARY: MMS proposes to issue an NTL concerning information requirements on marine transportation of OCS crude oil produced offshore California. MMS recognizes that the State of California and its localities have concerns about potential impacts on the environment from the transportation of such oil. The proposed NTL would assist Federal lessees and operators and State and local governments in meeting their responsibilities and addressing their concerns in this area. DATES: MMS will consider all comments received by February 3, 1997. ADDRESSES: Mail or hand-carry comments to MMS Pacific Region; 770 Paseo Camarillo; Camarillo, CA 93010; Attention: E. Aronson. E-mail comments to [email protected]. FOR FURTHER INFORMATION CONTACT: Ellen Aronson at 805-389-7511 or e-mail to [email protected]. SUPPLEMENTARY INFORMATION: On June 17, 1996, Deputy Secretary of the Interior John Garamendi issued a Policy Directive to MMS, which provides in pertinent part that: The policies of the State of California and the county of Santa Barbara prefer that oil and gas production, including offshore resources, be transported by onshore pipeline, rather than by offshore tanker, whenever pipelines are economically and technically feasible. The Minerals Management Service (MMS) regulates activities which occur within OCS lease boundaries, and generally up to the point of landfall. The MMS policies should particularly attempt to ensure that new and, where appropriate, amended Development and Production Plans adequately reflect the principle that transportation of OCS crude be consistent with State and local policies. Statutory Authority The Outer Continental Shelf Lands Act (OCSLA), as amended, 43 U.S.C. 1331 et seq., provides the Secretary of the Interior with broad authority relating to the development and production of mineral resources of the OCS. The Secretary is required to provide for the suspension or temporary prohibition of activities if a threat of serious, irreparable, or immediate harm or damage to the marine, coastal, or human environment exists. The Secretary may also take action to cancel a lease if continued activity under it would probably cause serious harm to such environments and the threat of such harm will not decrease to an acceptable level in a reasonable period of time. 43 U.S.C. 1334(a). The Secretary may also disapprove or require modification of a new Development and Production Plan (DPP) if he determines that the lessee has failed to make adequate provision in such plan for safe operations on the lease area or for protection of the marine, coastal or human environment. 43 U.S.C. 1351(h)(1). To carry out these responsibilities, MMS must monitor those activities proximately related to the development and production of oil and gas resources on the OCS and safeguard against activities that may threaten the environment. Through the OCSLA, the Congress has also recognized the OCS activities may have significant impacts on the States. The OCSLA emphasizes that State and local governments whose interests are affected by activities on the OCS are entitled to participate, to the extent consistent with the national interest, in the policy and planning decisions made by the Federal Government relating to exploration for, and development and production of, minerals located in the OCS. 43 U.S.C. 1332(4)(C). Furthermore, the rights and responsibilities of all States and, where appropriate, local governments, to preserve and protect their marine, human, and coastal environments through such means as regulation of land, air, and water uses, of safety, and of related development and activity should be considered and recognized. 43 U.S.C. 1332(5). MMS performs its statutory responsibilities with respect to development activities principally through the approval and periodic review of DPP's. 43 U.S.C. 1351; 30 CFR 250.34. The lessee or operator must [[Page 64400]] provide a wide range of information that enables the MMS Regional Supervisor to take action on the plan. This includes assessing the effects on the environment expected as a result of implementing the plan, identifying specific and cumulative impacts that may occur both onshore and offshore, and the measures proposed to mitigate these impacts.\1\ --------------------------------------------------------------------------- \1\ 30 CFR 250.34(b)(11). --------------------------------------------------------------------------- States that have coastal management programs approved by the Secretary of Commerce under the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq., as well as their local governments, play a critical role in the review of both new and revised DPP's, primarily through the Federal consistency section of the CZMA. 16 U.S.C. 1456. The part of the consistency section dealing with OCS exploration plans and DPP's specifies the authorities and responsibilities of Federal lessees, the Secretary of the Interior, and the coastal States affected by OCS operations. 16 U.S.C. 1456(c)(3)(B). This OCS-specific provision of the CZMA requires that any person who submits a DPP to the Secretary of the Interior under the OCSLA shall attach to the plan a certification that each activity described in the plan which affects the land, water, or natural resources of the State's coastal zone complies with the enforceable policies of the State's management program, and will be carried out in a manner consistent with that program. Generally, under this provision and under section 25(d) of the OCSLA (43 U.S.C. 1351(d)), the Secretary of the Interior may not grant a license or permit for any such activity unless the State concurs with the consistency certification attached to the DPP. Further, under section 25(h)(1)(B) of the OCSLA (43 U.S.C. 1351(h)(1)(B)), the Secretary shall disapprove the entire DPP if the State does not concur with the certification. Section 25(h)(1) of the OCSLA also provides that any modification to a DPP required by the Secretary, involving activities for which a Federal license or permit is required and that affect coastal zone resources, must receive concurrence of the certification by the affected State.\2\ --------------------------------------------------------------------------- \2\ Procedures to implement the CZMA consistency certification section are set forth generally in 15 CFR part 930. The OCS-specific provisions regarding new or amended DPP's are processed in accordance with Subpart E of those regulations (15 CFR 930.70 et seq.). --------------------------------------------------------------------------- Conclusion MMS strongly supports the right of California to exercise its Federal consistency authorities under the CZMA and believes that consistency is an important tool for the State and its local governments to address, among other factors, the marine transportation component of DDP's. MMS encourages California to review the enforceable marine transportation policies in its coastal management program. The State should determine whether such policies: (1) Meet the definition of ``enforceable policy'' in section 304(6a) of the CZMA; (2) are of sufficient clarity and specificity to make consistency determinations understandable; and (3) incorporate, to the extent consistent with State law and the CZMA, the marine transportation policies of local governments. The MMS Pacific OCS Region recognizes that the marine transportation of OCS crude oil may cause significant impacts on the marine, coastal, and human environments and contribute to the cumulative environmental risks of an OCS development project. To respond to the level of concern regarding marine transportation of OCS crude in California, to reaffirm the agency's commitment to strong coastal State and local involvement in OCS decisions, and to implement Deputy Secretary Garamendi's Policy Directive regarding Federal support of State and local policies with respect to the transportation of Pacific OCS crude oil, the MMS Pacific OCS Region adopts the following procedures for addressing new DPP's and proposed changes in the marine transportation component of existing DPP's for leases offshore California. COMMENTS INVITED: The proposed NTL is designed to assist Federal lessees and operators and State and local governments in meeting their responsibilities and concerns regarding marine transportation of Federal OCS crude oil produced offshore California. Comments on the proposed NTL are invited. Dated: December 1, 1997. J. Lisle Reed, Regional Director, Pacific OCS Region, Minerals Management Service. United States Department of the Interior, Minerals Management Service, Pacific OCS Region Proposed Notice to Lessees and Operators of Federal Oil and Gas Leases, Pacific OCS Region NTL 97----------------------------------------------------------------- Effective Date:-------------------------------------------------------- Lessee Responsibilities for Information on the marine Transportation of Federal Outer Continental Shelf (OCS) Crude Oil Produced Offshore California In General: The Marine transportation of OCS minerals is an activity that the Secretary of the Interior has determined must be described in detail in a Development and Production Plan (DPP). As such, it is an activity that requires the approval of the Secretary and the concurrence of the State with the certification of federal consistency. Proposed changes in the marine transportation component of a DPP may require a revision to an approved DPP, and such revision is also subject to Secretarial approval (delegated to the Regional Supervisor). This revision would need the concurrence of the State with the required certification of Federal consistency unless it is overridden on appeal to the Secretary of Commerce as authorized by section 307(c)(3)(B)(iii) of the Coastal Zone Management Act (CZMA). New DPP's: To address the concerns of California State and local governments about potential significant effects of oil spills, particularly those from tankering activity, in the State's sensitive marine ecosystem, lessees or operators preparing new DPP's should pay special attention to the marine transportation component of their plans. Such lessees and operators are advised to develop plans to transport the OCS minerals in a manner that is consistent with the enforceable marine transportation policies of the State's CZM program. Specifically, the procedures of 30 CFR 250.34 shall be followed in the preparation and submission of a new DPP, including the requirement for certification of coastal zone consistency as provided in 15 CFR part 930. Concurrence by California with the certification is a necessary condition for approval of the new DPP by the Regional Supervisor unless the Secretary of Commerce makes the finding authorized by section 307(c)(3)(B)(iii) of the CZMA. Revised DPP's: The conditions and procedures under which revisions to existing DPP's are required are generally provided for in sections 25(h)(3) and 25(i) of the OCSLA and implemented in MMS' regulations at 30 CFR 250.34(q). Based on those authorities, the Regional Supervisor will conduct periodic reviews of existing DPP's based on changes in information and onshore or offshore conditions affecting or affected by the DPP activities. The Regional Supervisor will pay particular attention to any change in the marine transportation component of the DPP and, specifically, to tankering activity. If a lessee or operator acting under an approved DPP anticipates any change in the mode, manner, or degree of marine transportation of OCS crude activity described in the plan, the lessee or operator shall provide information related to such changes to the Regional Supervisor. Based on the Regional Supervisor's periodic review or the lessee or operator's notification, the Regional Supervisor will notify appropriate State and local officials about such changes and provide to the State and local officials copies of the information submitted by the lessee or operator. If the Regional Supervisor determines that the proposed change in activity requires a revision to the DPP, the Regional Supervisor will order a revision to the DPP. If the Regional Supervisor determines that a proposed revision either ordered by the [[Page 64401]] Regional Supervisor or initiated by the operator could result in significant change to previously identified and evaluated impacts or to one not previously identified or evaluated, the proposed revision shall be subject to all of the procedures contained in 30 CFR 250.34, including the requirement, under 250.34(b)(13), that a certification of coastal zone consistency be submitted with the revision. The Regional Supervisor may not approve the revision unless the State concurs with the certification, or the Secretary of Commerce makes the finding authorized by section 307(c)(3)(B)(iii) of the CZMA. The Regional Supervisor shall prepare the appropriate environmental documentation under the National Environmental Policy Act for the decision to approve, require further modifications to, or disapprove revisions to DPP's. This notice is provided to assist lessees and operators in planning the development of the Pacific OCS leases. Questions concerning this information should be directed to the Regional Supervisor for Development, Operations, and Safety at (805) 389- 7560. The collection of information referred to in this notice provides clarification, description, or interpretation of requirements contained in 30 CFR Part 250, Subpart B. The Office of Management and Budget has approved the collection of information required by these regulations and assigned OMB Control Number 1010- 0049. This notice does not impose additional information collection requirements subject to the Paperwork Reduction Act of 1995. ---------------------------------------------------------------------- Regional Supervisor, Office of Development, Operations, and Safety, Pacific OCS Region, Minerals Management Service. ---------------------------------------------------------------------- Date [FR Doc. 97-31944 Filed 12-4-97; 8:45 am] BILLING CODE 4310-MR-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-31944. Public record. Not legal advice.