[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Rules and Regulations]
[Pages 55861-55862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22826]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 250
Bureau of Ocean Energy Management
30 CFR Part 585
[201E1700D2 ET1SF0000.EAQ000 EEEE500000]
Department of the Interior Policy Statement on Regulating
Workplace Safety and Health Conditions on Renewable Energy Facilities
on the Outer Continental Shelf
AGENCY: Bureau of Ocean Energy Management, Interior; Bureau of Safety
and Environmental Enforcement, Interior.
ACTION: Notification of policy statement.
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SUMMARY: This policy statement clarifies the role of the Department of
the Interior (DOI) in regulating workplace safety and health conditions
on renewable energy facilities on the Outer Continental Shelf (OCS).
This policy does not apply to workplace safety and health requirements
for OCS marine hydrokinetic (i.e., wave, tidal, and ocean current)
energy projects, for which operational requirements are within the
jurisdiction of the Federal Energy Regulatory Commission, or OCS
renewable energy facility support vessels, which are under the
authority of the United States Coast Guard (USCG).
DATES: This policy statement is effective on October 18, 2019.
FOR FURTHER INFORMATION CONTACT: Cheri Hunter, Bureau of Safety and
Environmental Enforcement Renewable Energy Program Coordinator, (703)
787-1681, or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Authority
The Energy Policy Act of 2005, Public Law 109-58, amended the Outer
Continental Shelf Lands Act (OCSLA) to grant the Secretary of the
Interior (Secretary) the authority to oversee renewable energy
activities on the OCS (43 U.S.C. 1337(p)). Under section 8(p) of OCSLA,
the Secretary has the authority to issue leases, rights-of-way (ROW),
and rights-of-use and easements (RUE) on the OCS for activities that
produce, or that support the production, transportation, or
transmission of, energy from sources other than oil and gas, not
otherwise authorized by other laws. Section 8(p) also gives the
Secretary the specific authority to issue regulations to implement its
provisions.\1\
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\1\ 43 U.S.C. 1337(p)(8).
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Pursuant to 43 U.S.C. 1337(p)(4)(A), the Secretary has the
statutory authority to ensure that activities conducted on renewable
energy leases are carried out in a manner that provides for safety. The
DOI has exercised this authority by promulgating regulations that
govern renewable energy activities, set forth in 30 CFR part 585,
including provisions to ensure that renewable energy activities on the
OCS and activities involving the alternate use of OCS facilities for
energy or marine-related purposes are conducted in a safe and
environmentally sound manner, in conformance with the requirements of
subsection 8(p) of the OCS Lands Act, other applicable laws and
regulations, and the terms of the lease, ROW grant, RUE grant, or
Alternate Use RUE grant.\2\ These include requirements for Safety
Management Systems and self-inspections, as well as provisions for
agency-conducted inspections, incident reporting, investigations, and
enforcement. See Memorandum of Understanding between the U.S.
Department of the Interior and Federal Energy Regulatory Commission,
Apr. 9, 2009.
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\2\ 30 CFR 585.101(c).
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DOI Regulatory Requirements Regarding Workplace Safety and Health
Under 30 CFR part 585, subpart H, regulated entities \3\ must
implement a Safety Management System (SMS) for activities conducted on
OCS renewable energy leases.\4\ An SMS provides a structured approach
for the identification of hazards and risks, management of risks
through identified methods, implementation of policies and procedures
to ensure safety, and periodic assessment of conformance to
expectations. An SMS addresses the management of both occupational and
process safety risks associated with construction, operation,
maintenance, and decommissioning of renewable energy facilities.
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\3\ The requirements are applicable to ``You,'' which is defined
to include ``an applicant, lessee, the operator, or designated
operator, ROW grant holder, RUE grant holder, or Alternate Use RUE
grant holder under this part, or the designated agent of any of
these, or the possessive of each, depending on the context,'' as
well as ``contractors and subcontractors of the entities'' listed
previously. 30 CFR 585.112.
\4\ 30 CFR 585.810.
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In addition to SMS requirements, DOI has promulgated regulations
requiring self- and agency-conducted inspections
[[Page 55862]]
and incident and equipment failure reporting, and providing a range of
enforcement tools.\5\
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\5\ 30 CFR 585.400-585.402, 585.813-585.833.
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If a regulated entity fails to design projects or conduct
activities in a manner that ensures safety, or otherwise fails to
comply with all applicable laws and regulations, DOI's available
enforcement actions include issuing noncompliance notices, ordering
cessation of activities, cancelling a lease or grant, and assessing
civil penalties.\6\
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\6\ 30 CFR 585.400-585.402.
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Role of DOI
DOI will act as the principal Federal agency for the regulation and
enforcement of safety and health requirements for OCS renewable energy
facilities.\7\ DOI considers its regulatory program, described in part
above, to occupy the field of workplace safety and health for personnel
and others on OCS renewable energy facilities, and to preempt the
applicability of Occupational Safety and Health Administration (OSHA)
regulations. See 29 U.S.C. 653(b)(1).
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\7\ DOI notes that the USCG regulations do not extend to
workplace safety on OCS renewable energy facilities.
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In carrying out its responsibilities on the OCS, DOI will
collaborate and consult with OSHA on the applicability and
appropriateness of workplace safety and health standards for the
offshore wind industry and other offshore renewable energy industries.
In addition, DOI will continue to collaborate with the USCG to
share relevant safety and training information and promote safety on
the OCS.
In implementing this policy statement, DOI may amend its
regulations or issue guidance related to the workplace health or safety
of employees on renewable energy facilities on the OCS.
Casey Hammond,
Acting Assistant Secretary, Land and Minerals Management.
[FR Doc. 2019-22826 Filed 10-17-19; 8:45 am]
BILLING CODE 4310-VH-P