[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23541]


[[Page Unknown]]

[Federal Register: September 23, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

 

Coastal Zone Management: Federal Consistency Appeals by Mobile 
Exploration & Producing Southeast, Inc., From Objections by the State 
of North Carolina

AGENCY: National Oceanic and Atmospheric Administration, Department of 
Commerce.

ACTION: Notice of decisions.

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SUMMARY: On September 2, 1994, the Secretary of Commerce (Secretary) 
issued decisions in two consistency appeals of Mobile Exploration & 
Producing Southeast, Inc. (Mobil). Mobil is the operator of Outer 
Continental Lease OCS A-0236, an oil and gas lease in federal waters 
approximately 39 miles off North Carolina's (State) coast, known as 
Manteo Area Block 467 (Block 467). In one decision, the Secretary 
declined to override the State's objection to Mobil's proposed drilling 
discharges. In a second decision, the Secretary declined to override 
the State's objection to Mobil's overall Plan of Exploration (POE).
    Mobil submitted its proposed POE for Block 467 to the Minerals 
Management Service of the Department of the Interior on August 20, 
1990. Mobil proposed drilling one exploratory well to assess 
hydrocarbon reserves in an area near ``the Point,'' a biologically 
unique area defined by the convergence of the Gulf Stream, slope, and 
shelf waters, and containing significant natural resources. The Point 
is a prime fishing area for North Carolina fishermen.
    Mobil also applied for a National Pollutant Discharge Elimination 
System (NPDES) permit required by section 402(a) of the Federal Water 
Pollution Control Act, as amended (Clean Water Act), for its drilling 
discharge activity. In conjunction with the exploratory drilling, Mobil 
proposed the discharge of drilling wastes in accordance with its NPDES 
permit application.
    Mobil has certified that the POE and drilling discharge activities 
are consistent with the State's Coastal Management Program (CMP). The 
State objected to Mobil's POE and drilling discharges based upon a lack 
of necessary information to assess the consistency of Mobil's 
activities. Under sections 307(c)(3) (A) and (B) of the Coastal Zone 
Management Act, as amended (CZMA), and 15 CFR 930.121 and 930.122, the 
State's objections preclude any Federal agency from issuing any permit 
or license for Mobil's proposed activities, unless the Secretary finds 
that the activities are either consistent with the objectives or 
purposes of the CZMA (Ground I) or necessary in the interest of 
national security (Ground II). If the requirements of either Ground I 
or Ground II are met, the Secretary must override the State's 
objections. In accordance with sections 307(c)(3) (A) and (B) of the 
CZMA, Mobil filed with the Secretary two separate appeals: (1) from the 
State's objections to Mobil's proposed POE and (2) from the State's 
objections to Mobil's proposed drilling discharges. Mobil argued both 
Grounds I and II for a Secretarial override in each appeal.
    Several threshold issues were raised by Mobil and the State during 
the course of both appeals. The decisions determined, in part, that the 
State's objections were properly lodged, and that the Secretary will 
necessarily determine the adequacy of information for an override 
rather than summarily dismiss these appeals.
    Upon consideration of the information submitted by Mobil, the State 
and interested Federal agencies, the Secretary made the findings 
discussed below.
    The decisions find that Mobil's proposed activities satisfy the 
first element of Ground I because its POE furthers, and its NPDES 
permit discharges indirectly further, one of the objectives or purposes 
of the CZMA. The CZMA recognizes a national objective in achieving a 
greater degree of energy self-sufficiency.
    Regarding the second element of Ground I, however, the decisions 
find that the proposed exploration and drilling discharge activities 
will adversely affect the State's coastal resources and uses. Moreover, 
the information in the record of each appeal is insufficient to 
adequately identify the extent of the individual and cumulative adverse 
effects. Consequently, the decisions conclude that the information in 
the record of each appeal is inadequate to determine that the national 
interest benefits of Mobil's proposed POE and drilling discharges 
outweigh the proposed activities' adverse effects on the State's 
coastal resources and uses. Therefore, Mobil's proposed activities do 
not satisfy the second element of Ground I.
    The decisions find that Mobil's proposed activities satisfy the 
third element of Ground I because the proposed exploration and drilling 
discharge activities will not violate the Clean Air Act or the Clean 
Water Act. The decisions also find that Mobil's proposed activities 
satisfy the fourth element of Ground I because there is no reasonable 
alternative available to Mobil that would allow the proposed 
exploration and drilling discharge activities to be carried out in a 
manner consistent with the State's CMP.
    Finally, the decisions find that neither Mobil nor any Federal 
agency commenting on Ground II specifically identified or explained how 
Mobil's inability to proceed with its proposed activities would 
significantly impair a national defense or other national security 
interest.
    Because Mobil's proposed POE and drilling discharge activities fail 
to satisfy all four of the requirements of Ground I and do not meet the 
requirements of Ground II, the Secretary did not override the State's 
objections to Mobil's proposed exploration and drilling discharges. 
Consequently, the proposed exploration and drilling discharge 
activities may not be permitted by Federal agencies. Copies of the two 
decisions may be obtained from the office listed below.

for additional information contact: Roger B. Eckert, Attorney-Adviser, 
Office of the Assistant General Counsel for Ocean Services, National 
Oceanic and Atmospheric Administration, U.S. Department of Commerce, 
1305 East-West Highway, room 6111, Silver Spring, Maryland 20910; 301-
713-2967.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance)

    Dated: September 16, 1994.
James W. Brennan,
Acting General Counsel.
[FR Doc. 94-23541 Filed 9-22-94; 8:45 am]
BILLING CODE 3510-08-M