National Legal Regimes
Canada
The chapter Canadian Laws and Regulations concerning Oil and Gas Operations from the assessment Oil and Gas Activities in the Arctic-Effects and Potential Effects:
- Canadian Laws and Regulations concerning Oil and Gas Operations - AMAP´s OGA (pdf - 67MB)
- Arctic Waters Pollution Prevention Act
- Canada Petroleum Resources Act
- Canada Oil and Gas Operations Act
- Canada Shipping Act
- Canada Water Act
- Canada Wildlife Act
- Canada-Yukon Oil and Gas Accord Implementation Act
- Canada-Yukon MOU on Yukon Oil and Gas Accord
USA
Federal Statutes and Executive Orders
- Arctic Research and Policy Act of 1984 (ARPA)
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Clean Air Act (CAA)
- Clean Water Act (CWA)
- Coastal Zone Management Act (CZMA)
- Consolidated Appropriations Act, 2012
- Endangered Species Act (ESA)
- Energy Policy Act of 2005
- Executive Order 12114: Environmental Effects Abroad
- Executive Order 12898: Environmental Justice
- Executive Order 13007: Indian Sacred Sites
- Executive Order 13089: Coral Reef Protection
- Executive Order 13175 on Consultation and Coordination with Indian Tribal Governments
- Executive Order 13580: Arctic Interagency Working Group on Resource Permitting
- Fishery Conservation and Management Act (FCMA)
- Magnuson-Stevens Fishery Conservation and Management Act
- Marine Protection, Research, and Sanctuaries Act of 1972
- Marine Mammal Protection Act (MMPA)
- Migratory Bird Treaty Act
- National Environmental Policy Act (NEPA)
- National Historic Preservation Act (NHPA)
- National Ocean Policy (NOP)
- National Strategy for the Arctic Region (NSAR)
- Occupational Safety and Health Act of 1970
- Oil Pollution Act of 1990 (OPA)
- Outer Continental Lands Act (OCSLA)
- Resource Conservation Recovery Act(RCRA)
- Rivers and Harbors Act of 1899
- Submerged Lands Act (SLA) of 1953
- Toxic Substances Control Act (TSCA)
- U.S. Exclusive Economic Zone (EEZ)
Federal Regulations and Standards
Bureau of Ocean Energy and Management (BOEM)
BOEM's Alaska Region Office is responsible for managing the development of oil, natural gas, renewable energy and mineral resources on Alaska's Outer Continental Shelf in an environmentally and economically responsible way. It manages programs relating to lease management, exploration plans, environmental science, environmental analysis and resource evaluation.
- “Arctic Drilling Rule” Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf
- Air Quality Jurisdiction
- Offshore Geological and Geophysical Survey Permits
Bureau of Safety and Environmental Enforcement (BSEE)
The Alaska Region works to promote safety, protect the environment and conserve resources offshore through vigorous regulatory oversight and enforcement.
- Regulations and Guidelines
- BSEE Federal Regulations Code of Federal Regulations Title 30
- Federal Oil and Gas Royalty Management Act of 1982 (FOGRAMA)
- Standards
- Recently Finalized Rules
- The Secretary of the Interior will review four rules and regulations put in place last year that could reduce exploration and development in the OCS. These include:
- Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf https://www.bsee.gov/sites/bsee.gov/files/notices-to-lessees-ntl/notices-to-lessees/10-g05.pdf
- Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control https://www.gpo.gov/fdsys/pkg/FR-2016-04-29/pdf/2016-08921.pdf
- Air Quality Control, Reporting, and Compliance https://www.gpo.gov/fdsys/pkg/FR-2016-04-05/pdf/2016-06310.pdf
- Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf https://www.gpo.gov/fdsys/pkg/FR-2016-07-15/pdf/2016-15699.pdf
- The Secretary of the Interior will review four rules and regulations put in place last year that could reduce exploration and development in the OCS. These include:
- Inspections and Enforcement
Environmental Protection Agency (EPA)
- Alaska Water Quality Standards Program: Includes atable with changes to Alaska Water Quality Standards that are currently under EPA review, are expected to be submitted to EPA for review in the near future, or were recently reviewed by EPA.
- EPA Outer Continental Shelf Permits for Oil and Gas Exploration: EPA issued the final Beaufort and Chukchi general permits for wastewater discharges from oil and gas exploration on the Beaufort Sea outer continental shelf and contiguous state waters and on the Chukchi Sea outer continental shelf.
- EPA Region 10 NPDES Permits: information on draft and final National Pollutant Discharge Elimination System (NPDES) Permits, Fact Sheets, and Response to Comments
- Arctic Oil and Gas Exploration General Permit
- General Industry Occupational Safety and Health Standards (29 CFR 1910) related to oil and gas well drilling and servicing
- Department of Labor
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS) for harassment and impact on marine mammals: provides permits, conservation plans, and enforcement procedures for the Marine Mammal Protection Act.
NOAA Fisheries Alaska Regional Office Alaska Regional Office
- Protected Resources Division: Permits and authorizations are required under the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) to conduct activities that may result in the "taking" of a protected species.
- Marine Mammal Authorization Program for incidental take of marine mammals. The Marine Mammal Authorization Program (MMAP) provides an annual exemption for the accidental injury or mortality of marine mammals.
Marine Protected Areas: Alaska Marine or coastal environments that are afforded some degree of legal protection for natural and/or cultural resources.
Fisheries Regulations
U.S. Army Corps of Engineers (USACE)
Laws & Regulations: Delivers vital public and military engineering services; partnering in peace and war to strengthen the United States’ security, energize the economy and reduce risks from disasters. The mission in the Alaska District is to serve the public interest in the state, providing responsive, quality service by balancing protection and reasonable use of aquatic resources through professional administration of the Regulatory Program.
- Regulatory Program Regulations (33 CFR Parts 320-332)
- Violations and Enforcement
- Permit Types, Actions and Application Form
Any entity planning to place structures or conduct work in navigable waters of the United States, or dump, place or deposit dredged or fill material in waters of the United States must first obtain a permit from the Corps of Engineers.
U.S. Coast Guard (USCG)
- District 17 (Alaska) Conducts offshore oil and hazardous spill response and coordination in addition search and rescue, security and law enforcement.
- Outer Continental Shelf National Center Of Expertise (OCSNCOE)
- Code of Federal Regulations for Mobile Offshore Drilling Units
- Policy and Guidance Letters for Outer Continental Shelf Activities
- USCG Office of Standards Evaluation and Development
- Navigation and Vessel Inspection Circulars (NVIC)
- Dynamic Positioning Guidance
- American Bureau of Shipping Rules for Building and Classing Mobile Offshore Drilling Units and the 1989 International Maritime Organization(IMO) MODU Code
- Aids to navigation
- Search and rescue
- U.S. Department of Labor
- General Industry Occupational Safety and Health Standards (29 CFR 1910) related to oil and gas well drilling and servicing
U.S. Department of Transportation (DOT)
Pipeline and Hazardous Materials Safety Administration
- Protect people and the environment from the risks of hazardous materials transportation. To do this, we establish national policy, set and enforce standards, educate, and conduct research to prevent incidents. We also prepare the public and first responders to reduce consequences if an incident does occur.
- Regulations
U.S. Fish and Wildlife Service (USFWS)
The Alaska Office is responsible for enacting the Endangered Species Act (ESA) which provides a critical safety net for America’s native fish, wildlife and plants.
Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental ConservationAlaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental ConservationAlaska Department of Environmental Conservation
- Alaska Department of Environmental ConservationAlaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
- Alaska Department of Environmental Conservation
Department of Transportation and Public Facilities
- Design and Construction Standards
- The Design and Construction Standards (D&CS) Section, part of the Division of Statewide Design & Engineering Services:
- Establishes statewide policy, procedures, and standards for the design and construction of highways and airports
- Develops and maintains relevant technical manuals
- Reviews right-of-way appraisals and determines just compensation
- Oil Spill Preparedness, Prevention and Response
- Statewide Environmental Office
- The Statewide Environmental Management Office is responsible for the development and implementation of environmental policy and procedures.
Alaska Resources Library & Information Services
Alaska Resources Library and Information Services provides universal access to natural and cultural resources information.
Oil Spill Preparedness, Prevention and Response
USA
Bureau of Ocean Energy Management (BOEM)
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Oil Spill Modeling Program | BOEM– assesses oil-spill risks associated with energy activities off the U.S. continental coast and Alaska, calculating spill trajectories and contact probabilities
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Worst Case Discharge Determination
- Worst Case Discharge (WCD) for exploratory and development drilling operations is the daily rate of an uncontrolled flow of natural gas and oil from all producible reservoirs into the open wellbore.
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- An Exploration Plan describes all exploration activities planned by an operator for a specific lease(s), the timing of these activities, information concerning drilling vessels, the location of each well, and an analysis of both offshore and onshore impacts that may occur as a result of the plan's implementation.
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Environmental Analysis Section.
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The Environment Program Office's two Environmental Analysis sections conduct environmental impact assessments of proposed OCS activities, such as lease sales, exploration plans, and applications to conduct seismic surveys. Analysts review proposals for compliance with relevant Federal regulations and laws and consult with other Federal, state, and local governments, and with federally recognized tribes.
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- Bureau of Safety and Environmental Enforcement (BSEE)
- National Offshore Training and Learning Center
- OHMSETT National Oil Spill Response and Renewable Energy Test Facility
- Technology Assessment and Research
- Oil Spill Response Research
- OSRR to improve the methods and technologies used for oil spill detection, containment, treatment, recovery and cleanup. The OSRR program is a cooperative effort bringing together funding and expertise from research partners in government agencies, industry and the international community. The Response Research Unit (RRU) manages the National Oil Spill Response Research and Renewable Energy Test Facility (Ohmsett).
- Arctic ERMA
- NOAA and BSEE developed the Environmental Response Management Application (ERMA) AS an online mapping tool that integrates both static and real-time data, such as Environmental Sensitivity Index maps, ship locations, weather, and ocean currents, in a centralized, easy-to-use format for environmental responders and decision makers.
National Oceanic and Atmospheric Administration (NOAA)
- Alaska Department of Environmental Conservation
- NOAA's Office of Response and Restoration (OR&R) protects coastal and marine resources, mitigates threats, reduces harm, and restores ecological function.
- Preparing for Natural Resource Damage Assessment:
- Joint Assessment Team
- OR&R has initiated the Arctic JAT and assisted the Arctic Council, Canada, and Norway in developing Arctic spill response techniques and planning for spills in Arctic waters.
- Joint Assessment Team
- Preparing for Natural Resource Damage Assessment:
- NOAA's Office of Response and Restoration (OR&R) protects coastal and marine resources, mitigates threats, reduces harm, and restores ecological function.
- Spill Response and Training Support
- OR&R is the lead science adviser to the U.S. Coast Guard during oil spill response operations in Alaska and maintains a role on the Alaska Regional Response Team.
- Alaska Department of Environmental Conservation
U.S. Coast Guard (USCG)
- District Response Advisory Team (DRAT): with expertise in spill management, response equipment, and response techniques, DRAT's main responsibility is to provide support to the Federal On Scene Commander during oil spills and HAZMAT releases in the 17th District.
- Alaska Regional Response Team (ARRT): As an advisory board to the Federal On Scene Coordinator, the ARRT provides federal, state, and local governmental agencies with means to participate in response to pollution incidents.
U.S. Department of Transportation (DOT)
- Pipeline and Hazardous Materials Safety Administration
- Preparedness and Response: PHMSA provides technical expertise to industry and works closely with the response community to ensure the transportation system remains safe.
U.S. Fish and Wildlife Service (USFWS)
- Spill Response and Restoration Program: Service Environmental Contaminant Specialists identify sensitive areas that provide important habitat for fish and wildlife, help guide protection and cleanup efforts to ensure that impacts to natural resources are minimized, and oversee rehabilitation of affected wildlife.
State of Alaska
- Department of Environmental Conservation
- Alaska Oil and Gas Conservation Commission (AOGCC)
- Department of Fish and Game
Health Safety and Environmental Management
Bureau of Safety and Environmental Enforcement (BSEE)
- BSEE Safety and Environment al Management Systems
- Workplace Safety Rule
- The Workplace Safety Rule covers all offshore oil and gas operations in federal waters and makes mandatory the previously voluntary practices in the American Petroleum Institute’s (API) Recommended Practice 75 (RP 75).
- The Safety and Environmental Management Systems II (SEMS II) final rule
- The Safety and Environmental Management Systems II (SEMS II) final rule enhances the original SEMS rule, also known as the Workplace Safety Rule, that was issued in October 2010, providing greater protection by supplementing operators' SEMS programs with employee training, empowering field level personnel with safety management decisions and strengthening auditing procedures by requiring them to be completed by independent third parties.
- Mission is to assure safe and healthful workplaces by setting and enforcing standards and by providing training, outreach, education and assistance.
U.S. Coast Guard (USCG)
- Marine environmental protection: The Marine Environmental Protection program develops and enforces regulations to avert the introduction of invasive species into the maritime environment, stop unauthorized ocean dumping, and prevent oil and chemical spills. This program is complemented by the Marine Safety program’s pollution prevention activities.
- U.S. Coast Guard (USCG) on the U.S. Outer Continental Shelf
- U.S. Coast Guard (USCG): The Coast Guard proposed regulations would require certain vessels engaged in OCS activities to develop, implement, and maintain a vessel-specific safety and environmental management system (SEMS).
The Coast Guard is in the midst of implementing the Marine Safety Enhancement Plan (MSEP). The MSEP is a multi-layered, several-year comprehensive program to enhance Marine Safety systems, knowledge, and processes in order to be more effective and efficient in promoting safe, secure, and environmentally sound maritime commerce. Specific tasks include bolstering inspector and investigator capacity, improving technical competencies, reinvigorating industry partnerships, improving mariner credentialing services, and expanding rulemaking capability to meet current and future needs of the maritime public and industry.
State of Alaska
o Department of Labor and Workforce Development
§ Labor Standards and Safety
§ Occupational Safety and Health Standards-Petroleum Drilling and Production Standards
§ Alaska Occupational Safety and Health Administrative Code (ACC) - Title 8, Part 4, Occupational Safety and Health Division