[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 39055-39057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15723]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

[EEJJ000000 212E1700D2 ET1EE0000.EIS000]


Programmatic Environmental Impact Statement for Oil and Gas 
Decommissioning Activities on the Pacific Outer Continental Shelf

AGENCY: Bureau of Safety and Environmental Enforcement (BSEE), 
Interior.

ACTION: Notice of intent (NOI) to prepare a Programmatic Environmental 
Impact Statement (PEIS).

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SUMMARY: Consistent with the regulations implementing the National 
Environmental Policy Act (NEPA), BSEE intends to prepare a PEIS to 
inform future decisions on applications for the decommissioning of oil 
and gas pipelines, platforms, and other facilities offshore of Southern 
California on the Pacific Outer Continental Shelf (OCS). The Bureau of 
Ocean Energy Management (BOEM) is assisting BSEE in the preparation of 
this environmental analysis.

DATES: BSEE requests comments concerning the scope of the analysis, 
identifying potential alternatives, significant issues for analysis (or 
those to be eliminated as insignificant), and potentially relevant 
information, studies, and analyses to be considered. All comments must 
be received by September 7, 2021. The draft PEIS is tentatively 
scheduled for publication in February 2022, followed by a 45-day public 
comment period. The final PEIS is tentatively scheduled for publication 
in June 2022, followed by a programmatic record of decision (ROD) no 
sooner than 30 days after publication of the final PEIS.

ADDRESSES: Comments may be submitted in writing or through 
www.regulations.gov. If in written form, comments may be delivered by 
hand or by mail, enclosed in an envelope labeled, ``Pacific 
Decommissioning'' and addressed to Richard Yarde, Regional Supervisor, 
Office of Environment, BOEM Pacific Region, 760 Paseo Camarillo, Suite 
102, Camarillo, CA, 93010. Comments may also be submitted online 
through the regulations.gov web portal: Navigate to http://www.regulations.gov and search for Docket No. BOEM-2021-0043. Click on 
the ``Comment Now!'' button to the right of the document link. Enter 
your information and comment, then click ``Submit.''

FOR FURTHER INFORMATION CONTACT: For information on the PEIS, contact 
Richard Yarde, Regional Supervisor, Office of Environment, at 
[email protected] or 805-384-6379.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

    Oil and gas lessees, owners of operating rights, and holders of 
rights-of-way must decommission all OCS wells, platforms, other 
facilities, and pipelines, and clear the seafloor of all obstructions, 
in compliance with regulatory requirements principally located at 30 
CFR part 250 Subpart Q. There are currently 23 oil and gas platforms 
and associated wells, facilities, and pipelines on the OCS offshore 
Southern California that were installed between the late 1960s and 
early 1990s and that will eventually need to be decommissioned. Lessees 
and owners of operating rights and holders of rights-of-way must first 
apply for and obtain approval from the appropriate BSEE District 
Manager or Regional Supervisor before decommissioning platforms, 
pipelines, and facilities. 30 CFR 250.1703-250.1704. Well abandonment 
activities are reviewed and completed prior to removal of platforms, 
pipelines, and other facilities, and are therefore not included within 
the scope of this PEIS. BSEE reviews decommissioning applications to 
ensure compliance with applicable regulatory standards and for safety 
and protection of other OCS uses and the environment. The purpose and 
need for this PEIS is to support future Federal review of and action on 
decommissioning applications for platforms, pipelines, and other 
facilities offshore Southern California on the Pacific OCS. Currently, 
eight oil and gas platforms on the OCS offshore Southern California, 
near Point Conception and in the Santa Barbara Channel, no longer 
produce oil and gas and are located on terminated leases that no longer 
allow resumption of production. BSEE expects to receive decommissioning 
applications for these platforms and associated pipelines and other 
facilities in the near term. It is currently unknown when 
decommissioning may be initiated for the remaining 15 platforms, though 
by regulation an initial platform removal application must be submitted 
for Pacific OCS facilities at least two years before production is 
projected to cease.

Preliminary Proposed Action and Alternatives

    BSEE expects to analyze three alternatives in the PEIS: Complete 
Removal of platforms and associated facilities and pipelines 
(Preliminary Proposed Action); Partial Removal of platforms and any 
associated facilities and pipelines; and No Action. Each alternative is 
briefly described below. The action alternatives contain a number of 
overlapping elements. For example, a particular type of cutting tool 
might be used in either complete removal or partial removal, with no 
difference in the activity or the expected impacts. In these instances 
analysis of the options may be included as part of the Proposed Action 
only.
    Alternative 1--Complete Removal (the Preliminary Proposed Action). 
The Preliminary Proposed Action is to authorize applications for 
complete removal of platforms and other facilities, decommissioning of 
all pipelines by removal, and clearing the seafloor of all obstructions 
created by the lease or right-of-way operations, as described in 30 CFR 
part 250 Subpart Q. These activities must be completed in a manner that 
is safe, does not unreasonably interfere with other uses of the OCS, 
and does not cause undue or serious harm to the environment.
    Both the Proposed Action and Partial Removal alternative would 
consider

[[Page 39056]]

several decommissioning tools and techniques that might be proposed for 
use in future decommissioning projects. Some of the tools and 
techniques that BSEE expects to consider include the use of mechanical, 
hydraulic, laser, explosive, or other tools for the severance of 
structures; different types and sizes of vessels; various methods of 
excavation around the jacket to facilitate removal; and the possibility 
of reefing some parts of the structure either nearby or at an 
alternative reefing site on the OCS.
    Alternative 2--Partial Removal. Partial removal of platforms and 
other facilities may include removing the top of the platform jacket to 
a level that is at least 85 feet below the waterline while leaving the 
lower portions of the jacket intact. This alternative may include 
decommissioning pipelines in place once they have been properly 
prepared in accordance with 30 CFR 250.1750-250.1751.
    Alternative 3--No Action. The PEIS will also evaluate a No Action 
alternative, which means no Federal action would be taken on 
decommissioning applications. This alternative would not meet the 
purpose and need of the Proposed Action or legal obligations of the 
bureau. However, this alternative is included as a comparison that 
helps in understanding the Proposed Action and the other action 
alternative and their associated impacts.

Summary of Expected Impacts

    Potential environmental impacts may result from platform or other 
facility or pipeline removal, marine vessel operations, and, 
potentially, any objects or structures left in place. The primary 
resources potentially impacted may include air quality, water quality, 
wildlife habitat, benthic resources, fish, and marine mammals. Major 
socio-economic considerations may include commercial and recreational 
fishing, vessel space-use issues, and changes to the viewshed during 
and after decommissioning activities. Factors that may produce impacts 
include air emissions, water pollution, noise, habitat alteration, and 
turbidity.

Anticipated Permits and Authorizations

    Neither the PEIS nor the resulting programmatic ROD will authorize 
any specific activities or approve any individual applications. The 
PEIS and ROD will provide a programmatic environmental analysis and 
framework to support future decisionmaking on individual 
decommissioning applications. When decommissioning applications are 
submitted to BSEE, the site-specific characteristics of the project 
will be evaluated at that time by preparing additional environmental 
analyses that may tier to this PEIS. Based on the site-specific 
applications and evaluations, BSEE may then reach a site-specific NEPA 
determination and approve, approve with conditions, or deny individual 
decommissioning applications. This PEIS will inform future BSEE 
decisions on various decommissioning activities, but will not 
independently approve or authorize any applications or permits and 
therefore neither the PEIS nor ROD will constitute final agency action.
    Potential future BSEE decisions that may rely on this PEIS include 
decisions on initial platform removal applications (30 CFR 250.1726), 
decisions on final applications to remove a platform or other facility 
(30 CFR 250.1727), decisions on pipeline decommissioning applications 
(30 CFR 250.1750 and 250.1752), decisions on departure requests (30 CFR 
250.142 and 250.1730), and decisions on alternate procedures or 
equipment requests (30 CFR 250.141). The decommissioning process may 
also require permits and approvals from other agencies, potentially 
including the U.S. Army Corps of Engineers, the U.S. Coast Guard, and 
the California Coastal Commission, among others. Further, 
decommissioning of OCS facilities may proceed concurrently with 
decommissioning activities for related oil and gas infrastructure 
located in State waters and onshore, and therefore may involve 
additional oversight and approvals from the State of California.

Schedule for the Decision-Making Process

    The draft PEIS is tentatively scheduled for publication in February 
2022. The final PEIS is tentatively scheduled for publication in June 
2022, with a ROD to follow no sooner than 30 days later.
    The timing of regulatory decisions that BSEE must make on future 
decommissioning applications is uncertain. BSEE could receive 
applications for decommissioning at any time over the next several 
years, with actual decommissioning occurring any time into subsequent 
years and possibly decades. The intent of this programmatic analysis is 
to analyze broad commonalities among expected future decommissioning 
projects and to provide a forum for early consideration of programmatic 
impacts and policy choices. BSEE expects that once decommissioning 
applications are received, additional analyses will then be tiered to 
this PEIS (including any supplemental PEISs, as appropriate) and will 
consider the site-specific circumstances present at that time.

Public Scoping Process

    This NOI initiates the scoping process, which guides the 
development of the PEIS. The scope of the PEIS is the range of issues, 
alternatives, impacts, and mitigation measures to be considered. 
Scoping will help focus the analysis in the PEIS on the significant 
issues and alternatives and will eliminate from detailed consideration 
any issues that are insignificant or irrelevant. After the publication 
of this NOI in the Federal Register, the public will have 45 days to 
submit comments; the deadline to submit comments is identified in the 
DATES section above. The methods to submit comments are provided in the 
ADDRESSES section above. Supplemental information to assist the public 
in providing scoping comments is available at www.boem.gov/Pacific-decomm-PEIS. This supplemental information includes maps of the 
relevant geographic area, a description of the environmental setting, 
and further details about existing oil and gas infrastructure.
    Please include your name and address as part of your comment. BSEE 
makes all comments, including the names, addresses, and other 
personally identifiable information included in the comment, available 
for public review online and during regular business hours. Individuals 
may request that BSEE withhold their names or addresses from the public 
record; however, BSEE cannot guarantee that it will be able to do so. 
In order for BSEE to withhold from disclosure your personally 
identifiable information, you must identify any information contained 
in your comments that, if released, would constitute a clearly 
unwarranted invasion of your privacy. You also must briefly describe 
any possible harmful consequences of the disclosure of information, 
such as embarrassment, injury, or other harm. All submissions from 
organizations or businesses and from individuals identifying themselves 
as representatives or officials of organizations or businesses will be 
made available for public inspection in their entirety.

NEPA Cooperating Agencies

    BSEE invites other Federal agencies and State, federally recognized 
tribes (Tribes), and local governments to consider becoming cooperating 
agencies in the preparation of this PEIS. The Council on Environmental 
Quality (CEQ) NEPA regulations specify that qualified agencies and 
governments are those with ``jurisdiction by law or

[[Page 39057]]

special expertise.'' 40 CFR 1501.7(h). Potential cooperating agencies 
should consider their authority and capacity to assume the 
responsibilities of a cooperating agency and should be aware that an 
agency's role in the environmental analysis neither enlarges nor 
diminishes the final decision-making authority of any other agency 
involved in the NEPA process.
    Upon request, BSEE will provide potential cooperating agencies with 
a written summary of expectations for cooperating agencies, including 
schedules, milestones, responsibilities, scope and detail of 
cooperating agencies' contributions, and availability of pre-decisional 
information. BSEE anticipates this summary will form the basis for a 
memorandum of agreement between BSEE and any cooperating agency outside 
the Department of the Interior. Agencies also should consider the 
factors for determining cooperating agency status in CEQ's memorandum 
entitled, ``Cooperating Agencies in Implementing the Procedural 
Requirements of the National Environmental Policy Act,'' dated January 
30, 2002. This document is available on the internet at: https://www.energy.gov/nepa/downloads/cooperating-agencies-implementing-procedural-requirements-national-environmental. BSEE, as the lead 
agency, will not provide financial assistance to cooperating agencies. 
Even if a governmental entity is not a cooperating agency, it will have 
opportunities to provide information and comments to BSEE during the 
public input stages of the NEPA process.

National Historic Preservation Act (NHPA) Consulting Parties

    Certain individuals and organizations with a demonstrated interest 
in the Preliminary Proposed Action or alternatives may request to 
participate as NHPA consulting parties under 36 CFR 800.2(c)(5) based 
on their legal or economic stake in historic properties affected by the 
Preliminary Proposed Action or its alternatives. Additionally, the same 
provision allows those with concerns about the Preliminary Proposed 
Action's effect on historic properties to request to be consulting 
parties. Parallel with its NEPA analyses, BSEE will compile a list of 
potential consulting parties and, in writing, invite these potential 
participants to become consulting parties. To become a consulting 
party, those invited must respond in writing. Interested individuals or 
organizations that do not receive an invitation may request to be 
consulting parties by writing to BSEE via the means provided in the 
ADDRESSES section above. BSEE will determine which interested parties 
should be consulting parties.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    BSEE invites interested Federal and State agencies, Tribes, 
organizations and enterprises, and individuals to submit comments or 
suggestions that assist in identifying potentially significant 
environmental issues, relevant information, alternatives to the 
Proposed Action, and determining the scope of the Proposed Action.

Decision Maker

    The decision maker for approving Pacific OCS decommissioning 
activities is the BSEE Pacific OCS Regional Director. The responsible 
official for the environmental analysis process and development of this 
PEIS is the BSEE Director.

Nature of Future Decisions To Be Made

    The BSEE Pacific OCS Regional Director will render decisions 
regarding decommissioning applications for oil and gas platforms, 
pipelines, and other facilities and associated infrastructure on the 
OCS offshore Southern California in accordance with the applicable 
implementing regulations of the Outer Continental Shelf Lands Act 
(OCSLA), 30 CFR part 250 Subpart Q--Decommissioning Activities. 
Potential future decisions include approvals for initial platform 
removal applications, final applications to remove a platform or other 
facility, applications to decommission pipelines, and the granting of 
departures or alternate procedures or equipment.

Scott Mabry,
Acting Director, Bureau of Safety and Environmental Enforcement, 
Associate Director for Administration.
[FR Doc. 2021-15723 Filed 7-22-21; 8:45 am]
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