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Title 30: Mineral Resources
PART
550—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF

Subpart B—Plans and Information

Contents

General
Information
§ 550.200   Definitions.
§ 550.201   What
plans and information must I submit before I conduct any activities on my
lease or unit?
§ 550.202   What
criteria must the Exploration Plan (EP), Development and Production Plan
(DPP), or Development Operations Coordination Document (DOCD)
meet?
§ 550.203   Where
can wells be located under an EP, DPP, or DOCD?
§§ 550.204-550.205   [Reserved]
§ 550.206   How
do I submit the EP, DPP, or DOCD?

Ancillary
Activities
§ 550.207   What
ancillary activities may I conduct?
§ 550.208   If
I conduct ancillary activities, what notices must I provide?
§ 550.209   What
is the BOEM review process for the notice?
§ 550.210   If
I conduct ancillary activities, what reporting and data/information
retention requirements must I satisfy?

Contents
of Exploration Plans (EP)
§ 550.211   What
must the EP include?
§ 550.212   What
information must accompany the EP?
§ 550.213   What
general information must accompany the EP?
§ 550.214   What
geological and geophysical (G&G) information must accompany the
EP?
§ 550.215   What
hydrogen sulfide (H2 S) information must
accompany the EP?
§ 550.216   What
biological, physical, and socioeconomic information must accompany the
EP?
§ 550.217   What
solid and liquid wastes and discharges information and cooling water
intake information must accompany the EP?
§ 550.218   What
air emissions information must accompany the EP?
§ 550.219   What
oil and hazardous substance spills information must accompany the
EP?
§ 550.220   If
I propose activities in the Alaska OCS Region, what planning information
must accompany the EP?
§ 550.221   What
environmental monitoring information must accompany the EP?
§ 550.222   What
lease stipulations information must accompany the EP?
§ 550.223   What
mitigation measures information must accompany the EP?
§ 550.224   What
information on support vessels, offshore vehicles, and aircraft you will
use must accompany the EP?
§ 550.225   What
information on the onshore support facilities you will use must accompany
the EP?
§ 550.226   What
Coastal Zone Management Act (CZMA) information must accompany the
EP?
§ 550.227   What
environmental impact analysis (EIA) information must accompany the
EP?
§ 550.228   What
administrative information must accompany the EP?

Review
and Decision Process for the EP
§ 550.231   After
receiving the EP, what will BOEM do?
§ 550.232   What
actions will BOEM take after the EP is deemed submitted?
§ 550.233   What
decisions will BOEM make on the EP and within what timeframe?
§ 550.234   How
do I submit a modified EP or resubmit a disapproved EP, and when will BOEM
make a decision?
§ 550.235   If
a State objects to the EP's coastal zone consistency certification, what
can I do?

Contents
of Development and Production Plans (DPP) and Development Operations
Coordination Documents (DOCD)
§ 550.241   What
must the DPP or DOCD include?
§ 550.242   What
information must accompany the DPP or DOCD?
§ 550.243   What
general information must accompany the DPP or DOCD?
§ 550.244   What
geological and geophysical (G&G) information must accompany the DPP or
DOCD?
§ 550.245   What
hydrogen sulfide (H2 S) information must
accompany the DPP or DOCD?
§ 550.246   What
mineral resource conservation information must accompany the DPP or
DOCD?
§ 550.247   What
biological, physical, and socioeconomic information must accompany the DPP
or DOCD?
§ 550.248   What
solid and liquid wastes and discharges information and cooling water
intake information must accompany the DPP or DOCD?
§ 550.249   What
air emissions information must accompany the DPP or DOCD?
§ 550.250   What
oil and hazardous substance spills information must accompany the DPP or
DOCD?
§ 550.251   If
I propose activities in the Alaska OCS Region, what planning information
must accompany the DPP?
§ 550.252   What
environmental monitoring information must accompany the DPP or
DOCD?
§ 550.253   What
lease stipulations information must accompany the DPP or DOCD?
§ 550.254   What
mitigation measures information must accompany the DPP or DOCD?
§ 550.255   What
decommissioning information must accompany the DPP or DOCD?
§ 550.256   What
related facilities and operations information must accompany the DPP or
DOCD?
§ 550.257   What
information on the support vessels, offshore vehicles, and aircraft you
will use must accompany the DPP or DOCD?
§ 550.258   What
information on the onshore support facilities you will use must accompany
the DPP or DOCD?
§ 550.259   What
sulphur operations information must accompany the DPP or DOCD?
§ 550.260   What
Coastal Zone Management Act (CZMA) information must accompany the DPP or
DOCD?
§ 550.261   What
environmental impact analysis (EIA) information must accompany the DPP or
DOCD?
§ 550.262   What
administrative information must accompany the DPP or DOCD?

Review
and Decision Process for the DPP or DOCD
§ 550.266   After
receiving the DPP or DOCD, what will BOEM do?
§ 550.267   What
actions will BOEM take after the DPP or DOCD is deemed
submitted?
§ 550.268   How
does BOEM respond to recommendations?
§ 550.269   How
will BOEM evaluate the environmental impacts of the DPP or DOCD?
§ 550.270   What
decisions will BOEM make on the DPP or DOCD and within what
timeframe?
§ 550.271   For
what reasons will BOEM disapprove the DPP or DOCD?
§ 550.272   If
a State objects to the DPP's or DOCD's coastal zone consistency
certification, what can I do?
§ 550.273   How
do I submit a modified DPP or DOCD or resubmit a disapproved DPP or
DOCD?

Post-Approval
Requirements for the EP, DPP, and DOCD
§ 550.280   How
must I conduct activities under the approved EP, DPP, or DOCD?
§ 550.281   What
must I do to conduct activities under the approved EP, DPP, or
DOCD?
§ 550.282   Do
I have to conduct post-approval monitoring?
§ 550.283   When
must I revise or supplement the approved EP, DPP, or DOCD?
§ 550.284   How
will BOEM require revisions to the approved EP, DPP, or DOCD?
§ 550.285   How
do I submit revised and supplemental EPs, DPPs, and DOCDs?
§§ 550.286-550.295   [Reserved]

Conservation
Information Documents (CID)
§ 550.296   When
and how must I submit a CID or a revision to a CID?
§ 550.297   What
information must a CID contain?
§ 550.298   How
long will BOEM take to evaluate and make a decision on the CID?
§ 550.299   What
operations require approval of the CID?

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Top

General Information

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Top

§ 550.200   Definitions.

Acronyms and terms used in this subpart have the following
meanings:

(a) Acronyms used frequently in
this subpart are listed alphabetically below:

BOEM means Bureau of Ocean
Energy Management.

BSEE means Bureau of Safety and
Environmental Enforcement.

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.

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 BOEM for a decision
(see §§ 550.232(d) and 550.267(d)).

Modification means a change
required by the Regional Supervisor to an EP, DPP, or DOCD (see
§ 550.233(b)(2) and § 550.270(b)(2)) that is pending before BOEM
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 a BOEM 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 BOEM
has disapproved (see §§ 550.234(b), 550.272(a), and 550.273(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 § 550.283(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
§ 550.283(b)).

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Top

§ 550.201   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 BOEM must approve, the listed plans and
documents. Your plans and documents may cover one or more leases or
units.

You must submit a(n) . . .

Before you . . .

(1) Exploration Plan
(EP),

Conduct any exploration activities
on a lease or unit.

(2) Development and
Production Plan (DPP),

Conduct any development and
production activities on a lease or unit in any OCS area other than
the Western Gulf of Mexico.

(3) Development
Operations Coordination Document (DOCD),

Conduct any development and
production activities on a lease or unit in the Western GOM.

(4) BSEE approved
Deepwater Operations Plan (DWOP),

Conduct post-drilling installation
activities in any water depth associated with a development project
that will involve the use of a non-conventional production or
completion technology.

(5) Conservation
Information Document (CID),

Commence production from
development projects in water depths greater than 1,312 feet (400
meters).

(6) EP, DPP, or DOCD,

Conduct geological or geophysical
(G&G) exploration or a development G&G activity (see
definitions under § 550.105) on your lease or unit when:

(i) It will result in a physical
penetration of the seabed greater than 500 feet (152 meters);

(ii) It will involve the use of
explosives;

(iii) The Regional Director
determines that it might have a significant adverse effect on the
human, marine, or coastal environment; or

(iv) The Regional Supervisor, after
reviewing a notice under § 550.209, determines that an EP, DPP,
or DOCD is necessary.

(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 BOEM;

(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 BOEM.

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Top

§ 550.202   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.

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Top

§ 550.203   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.

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Top

§§ 550.204-550.205   [Reserved]

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Top

§ 550.206   How do I
submit the EP, DPP, or DOCD?

(a) Number of copies. When you
submit an EP, DPP, or DOCD to BOEM, 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 BOEM OCS Region if you do.

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Top

Ancillary Activities

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Top

§ 550.207   What
ancillary activities may I conduct?

Before or after you submit an EP, DPP, or DOCD to BOEM, 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 (H2 S) releases.

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Top

§ 550.208   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 § 550.207(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 BOEM at least 15 calendar days before you
conduct any other ancillary activity (see § 550.207(b) and (c)) in
addition to those listed in § 550.207(a); and

(2) Notify other users of the OCS before you conduct any ancillary
activity.

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Top

§ 550.209   What is the
BOEM review process for the notice?

The Regional Supervisor will review any notice required under
§ 550.208(a) and (b)(1) to ensure that your ancillary activity
complies with the performance standards listed in § 550.202(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.

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Top

§ 550.210   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, BOEM will protect and disclose the data and
information in these reports in accordance with § 550.197(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
§ 550.207(a)), including any such data and information you obtained
from previous leaseholders or unit operators. You must submit such data
and information to BOEM for inspection and possible retention upon request
at any time before lease or unit termination. When applicable, BOEM will
protect and disclose such submitted data and information in accordance
with § 550.197(b).

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Top

Contents of Exploration Plans (EP)

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Top

§ 550.211   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 definition of
“facility” under § 550.105(3)).

(d) Service fee. You must
include payment of the service fee listed in § 550.125.

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Top

§ 550.212   What
information must accompany the EP?

The following information must accompany your EP:

(a) General information required by § 550.213;

(b) Geological and geophysical (G&G) information required by
§ 550.214;

(c) Hydrogen sulfide information required by § 550.215;

(d) Biological, physical, and socioeconomic information required by
§ 550.216;

(e) Solid and liquid wastes and discharges information and cooling
water intake information required by § 550.217;

(f) Air emissions information required by § 550.218;

(g) Oil and hazardous substance spills information required by
§ 550.219;

(h) Alaska planning information required by § 550.220;

(i) Environmental monitoring information required by
§ 550.221;

(j) Lease stipulations information required by § 550.222;

(k) Mitigation measures information required by § 550.223;

(l) Support vessels and aircraft information required by
§ 550.224;

(m) Onshore support facilities information required by
§ 550.225;

(n) Coastal zone management information required by § 550.226;

(o) Environmental impact analysis information required by
§ 550.227; and

(p) Administrative information required by § 550.228.

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Top

§ 550.213   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 § 550.200) 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 556, subpart I;

(2) You have demonstrated or will demonstrate oil spill financial
responsibility for facilities proposed in your EP according to 30 CFR part
553; 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.

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Top

§ 550.214   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.

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§ 550.215   What hydrogen
sulfide (H2 S)
information must accompany the EP?

The following H2 S information, as
applicable, must accompany your EP:

(a) Concentration. The
estimated concentration of any H2 S you might encounter
while you conduct your proposed exploration activities.

(b) Classification. Under 30
CFR 250.490(c), a request that the BSEE Regional Supervisor classify the
area of your proposed exploration activities as either H2 S absent, H2 S present, or H2 S 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 H2 S present or H2 S unknown, an H2 S Contingency Plan
prepared under 30 CFR 250.490(f), or a reference to an approved or
submitted H2 S
Contingency Plan that covers the proposed exploration activities.

(d) Modeling report. If you
modeled a potential H2 S 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
H2 S release from
your proposed exploration activities.

(2) If any H2
S 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.

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§ 550.216   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
§ 550.194).

(c) Socioeconomic study
reports. Socioeconomic information regarding your proposed
exploration activities.

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§ 550.217   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.

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§ 550.218   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 PM10 and PM2.5 when 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 § 550.303 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 § 550.303(d). When BOEM 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 § 550.303 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.

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§ 550.219   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.

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§ 550.220   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.

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§ 550.221   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.

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§ 550.222   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.

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§ 550.223   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.

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§ 550.224   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
§ 550.213(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 § 550.217(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.

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§ 550.225   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 § 550.217) and the types and quantities of such wastes.

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§ 550.226   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).

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§ 550.227   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.

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§ 550.228   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.

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Review and Decision Process for the EP

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§ 550.231   After
receiving the EP, what will BOEM 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 § 550.212), fulfills
requirements and is sufficiently accurate;

(2) You have provided all needed additional information (see
§ 550.201(b)); and

(3) You have provided the required number of copies (see
§ 550.206(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.

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§ 550.232   What actions
will BOEM take after the EP is deemed submitted?

(a) State and CZMA consistency
reviews. Within 2 working days after deeming your EP submitted
under § 550.231, 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) BOEM 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 § 550.202.

(c) BOEM 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 § 550.231.

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§ 550.233   What
decisions will BOEM 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 § 550.231, or receives the last
amendment to your proposed EP, whichever occurs later.

(b) BOEM decision. By the
deadline in paragraph (a) of this section, the Regional Supervisor will
take one of the following actions:

The regional
supervisor will
.  .  .

If .  .  .

And then
.  .  .

(1) Approve your EP,

It complies with all applicable
requirements,

The Regional Supervisor will notify
you in writing of the decision and may require you to meet certain
conditions, including those to provide monitoring information.

(2) Require you to modify
your proposed EP,

The Regional Supervisor finds that
it is inconsistent with the lease, the Act, the regulations
prescribed under the Act, or other Federal laws,

The Regional Supervisor will notify
you in writing of the decision and describe the modifications you
must make to your proposed EP to ensure it complies with all
applicable requirements.

(3) Disapprove your
EP,

Your proposed activities would
probably cause serious harm or damage to life (including fish or
other aquatic life); property; any mineral (in areas leased or not
leased); the National security or defense; or the marine, coastal,
or human environment; and you cannot modify your proposed activities
to avoid such condition(s),

(i) The Regional Supervisor will
notify you in writing of the decision and describe the reason(s) for
disapproving your EP.
(ii) BOEM may cancel your lease and
compensate you under 43 U.S.C. 1334(a)(2)(C) and the implementing
regulations in §§ 550.182, 550.184, and 550.185 and 30 CFR
556.77.

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§ 550.234   How do I
submit a modified EP or resubmit a disapproved EP, and when will BOEM make
a decision?

(a) Modified EP. If the
Regional Supervisor requires you to modify your proposed EP under
§ 550.233(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 § 550.233(b)(3), you
may resubmit the disapproved EP if there is a change in the conditions
that were the basis of its disapproval.

(c) BOEM review and timeframe.
The Regional Supervisor will use the performance standards in
§ 550.202 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.

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§ 550.235   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 § 550.233(a) or § 550.234(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.

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Contents of Development and Production Plans
(DPP) and Development Operations Coordination Documents (DOCD)

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§ 550.241   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
§ 550.105); 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 definition of “facility
(3)” under § 550.105).

(d) Production facilities. A
description of the production platforms, satellite structures, subsea
wellheads and manifolds, lease term pipelines (see definition at
§ 550.105), 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 definition of “facility (3)” under § 550.105).

(e) Service fee. You must
include payment of the service fee listed in § 550.125.

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§ 550.242   What
information must accompany the DPP or DOCD?

The following information must accompany your DPP or DOCD.

(a) General information required by § 550.243;

(b) G&G information required by § 550.244;

(c) Hydrogen sulfide information required by § 550.245;

(d) Mineral resource conservation information required by
§ 550.246;

(e) Biological, physical, and socioeconomic information required by
§ 550.247;

(f) Solid and liquid wastes and discharges information and cooling
water intake information required by § 550.248;

(g) Air emissions information required by § 550.249;

(h) Oil and hazardous substance spills information required by
§ 550.250;

(i) Alaska planning information required by § 550.251;

(j) Environmental monitoring information required by
§ 550.252;

(k) Lease stipulations information required by § 550.253;

(l) Mitigation measures information required by § 550.254;

(m) Decommissioning information required by § 550.255;

(n) Related facilities and operations information required by
§ 550.256;

(o) Support vessels and aircraft information required by
§ 550.257;

(p) Onshore support facilities information required by
§ 550.258;

(q) Sulphur operations information required by § 550.259;

(r) Coastal zone management information required by § 550.260;

(s) Environmental impact analysis information required by
§ 550.261; and

(t) Administrative information required by § 550.262.

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§ 550.243   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 § 550.200) 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 556, 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 553; 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.

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§ 550.244   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.

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§ 550.245   What hydrogen
sulfide (H2 S)
information must accompany the DPP or DOCD?

The following H2 S information, as
applicable, must accompany your DPP or DOCD:

(a) Concentration. The
estimated concentration of any H2 S you might encounter
or handle while you conduct your proposed development and production
activities.

(b) Classification. Under 30
CFR 250.490(c), a request that the Regional Supervisor classify the area
of your proposed development and production activities as either H2 S absent, H2 S present, or H2 S unknown. Provide
sufficient information to justify your request.

(c) H 2 S Contingency Plan . If you request that
the Regional Supervisor classify the area of your proposed development and
production activities as either H2 S present or H2 S unknown, an H2 S Contingency Plan
prepared under 30 CFR 250.490(f), or a reference to an approved or
submitted H2 S
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 H2 S 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 H2 S 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 H2 S
release from your proposed activities.

(3) If any H2
S 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.

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§ 550.246   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.

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§ 550.247   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
§ 550.194).

(c) Socioeconomic study
reports. Socioeconomic information related to your proposed
development and production activities.

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§ 550.248   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.

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§ 550.249   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 PM10 and PM2.5 when 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 § 550.303 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 § 550.303(d). When BOEM 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 § 550.303 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.

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§ 550.250   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.

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§ 550.251   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.

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§ 550.252   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 oil spill on
the environmentally sensitive resources of the FGBNMS.

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§ 550.253   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.

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§ 550.254   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.

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§ 550.255   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.

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§ 550.256   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.

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§ 550.257   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
§ 550.243(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 § 550.248(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.

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§ 550.258   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 § 550.248(a)) and the types and quantities
of such wastes.

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§ 550.259   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.

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§ 550.260   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).

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§ 550.261   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.

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§ 550.262   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.

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Review and Decision Process for the DPP or
DOCD

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§ 550.266   After
receiving the DPP or DOCD, what will BOEM 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 § 550.242), fulfills
requirements and is sufficiently accurate;

(2) You have provided all needed additional information (see
§ 550.201(b)); and

(3) You have provided the required number of copies (see
§ 550.206(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.

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§ 550.267   What actions
will BOEM 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 § 550.266,
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 § 550.266, 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 BOEM 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) BOEM 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 § 550.202.

(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 § 550.266.

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§ 550.268   How does BOEM
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.

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§ 550.269   How will BOEM
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
BOEM 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 BOEM 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.

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§ 550.270   What
decisions will BOEM 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 § 550.267(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, BOEM 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) BOEM decision. By the
deadline in paragraph (a) of this section, the Regional Supervisor will
take one of the following actions:

The regional supervisor will . .
.

If . . .

And then . . .

(1) Approve your DPP or
DOCD,

It complies with all applicable
requirements,

The Regional Supervisor will notify
you in writing of the decision and may require you to meet certain
conditions, including those to provide monitoring information.

(2) Require you to modify
your proposed DPP or DOCD,

It fails to make adequate
provisions for safety, environmental protection, or conservation of
natural resources or otherwise does not comply with the lease, the
Act, the regulations prescribed under the Act, or other Federal
laws,

The Regional Supervisor will notify
you in writing of the decision and describe the modifications you
must make to your proposed DPP or DOCD to ensure it complies with
all applicable requirements.

(3) Disapprove your DPP
or DOCD,

Any of the reasons in
§ 550.271 apply,

(i) The Regional Supervisor will
notify you in writing of the decision and describe the reason(s) for
disapproving your DPP or DOCD; and
(ii) BOEM may cancel your
lease and compensate you under 43 U.S.C. 1351(h)(2)(C) and the
implementing regulations in §§ 550.183 through 550.185 and 30
CFR 556.77.

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§ 550.271   For what
reasons will BOEM 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 § 550.273(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.

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§ 550.272   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.

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§ 550.273   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 § 550.270(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
§ 550.270(b)(3), and except as provided in § 550.271(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) BOEM review and timeframe.
The Regional Supervisor will use the performance standards in
§ 550.202 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.

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Post-Approval Requirements for the EP, DPP,
and DOCD

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§ 550.280   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 BOEM 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 § 550.185(b) and 30 CFR 556.77.

(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.

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§ 550.281   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 BSEE Regional Supervisor:

(1) Approval of applications for permits to drill (APDs) (see 30 CFR
250.410);

(2) Approval of production safety systems (see 30 CFR 250.800);

(3) Approval of new platforms and other structures (or major
modifications to platforms and other structures) (see 30 CFR 250.905);

(4) Approval of applications to install lease term pipelines (see 30
CFR 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 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 BOEM 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.

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§ 550.282   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 BOEM 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.

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§ 550.283   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 H2 S area
classification, or increase the concentration of H2 S 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.

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§ 550.284   How will BOEM
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.

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§ 550.285   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 §§ 550.231 through 550.235 for
EPs and §§ 550.266 through 550.273 for DPPs and DOCDs.

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§§ 550.286-550.295   [Reserved]

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Conservation Information Documents (CID)

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§ 550.296   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 § 550.125.

(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.

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§ 550.297   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 BOEM 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
§ 550.115 or § 550.116:

(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.

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§ 550.298   How long will
BOEM 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 BOEM does not act within 150 calendar days,
your CID is considered approved.

(b) BOEM 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. BOEM 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 BOEM 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.

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§ 550.299   What
operations require approval of the CID?

You may not begin production before you receive BOEM approval of the
CID.

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