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Appendix B 

FEDERAL, STATE, AND LOCAL 

PERMITS AND/OR APPROVALS FOR 

OIL AND GAS EXPLORATION, 

DEVELOPMENT, AND PRODUCTION 

ACTIVITIES 
Northeast NPR-A Supplemental IAP/EIS 

Appendix B: Oil and Gas Permits B-2
Northeast NPR-A Supplemental IAP/EIS 

Appendix B: 

Federal, State, and Local Permits and/or Approvals for Oil 

and Gas Exploration, Development, and Production Activities 

The following table summarizes permit and other requirements that must be met before oil and 

gas exploration or development activities may occur. Some obligations would be placed directly 

on the applicant. Others would be required of Federal agencies prior to granting authorizations 

to oil and gas companies. 

Regulatory Agency Permit/Approval Actions/Requirements 

FEDERAL 

U.S. Army Corps of 

Engineers (USACE) 

• Issues a Section 404 permit under the Federal Water Pollution Control Act 

of 1972, as amended (Clean Water Act; 33 USC § 1344) for discharge of 

dredged and fill material into waters of the U.S, including wetlands. 

• Issues a Section 10 permit under the Rivers and Harbors Appropriations Act 

of 1899 (33 USC § 403) for structures or work in, of affecting, navigable 

waters of the U.S. 

• Issues a Section 103 Ocean Dumping permit under Section 103 of the 

Marine Protection Research and Sanctuaries Act of 1972 (33 USC § 1413) 

for transport of dredged material for ocean disposal. 

U.S. Environmental 

Protection Agency 

(USEPA) 

• Issues a National Pollutant Discharge and Elimination System (NPDES) 

permit under Section 402, Federal Water Pollution Control Act of 1972, as 

amended (Clean Water Act; 33 USC § 1342) for discharges into waters of 

the U.S. 

• Issues an Underground Injection Control Class 1 Industrial Well permit 

under the Safe Drinking Water Act (42 USC §§ 300f et seq.; 40 CFR parts 

144 and 146) for underground injection of Class I (industrial) waste 

materials. 

• Requires a Spill Prevention Containment and Countermeasure (SPCC) Plan 

under Section 311 of the Federal Water Pollution Control Act of 1972, as 

amended (Clean Water Act; 33 USC § 1321;40 CFR part 112) for storage of 

over 660 gallons of fuel in a single container or over 1,320 gallons in 

aggregate in tanks above ground. 

• Conducts a review and evaluation of the Draft and Final EIS for compliance 

with CEQ guidelines (40 CFR parts 1500-1508) and Section 309 of the 

Clean Air Act (42 USC § 7609). 

• Authority delegated to ADEC to issue air quality permits for facilities 

operating within state jurisdiction, including a Title V operating permit and a 

Prevention of Significant Deterioration (PSD) permit under the Clean Air 

Act, as amended (42 USC §§ 7401 et seq.), to address air pollutant 

emissions. 

National Oceanic and 

Atmospheric 

Administration (NOAA) 

Fisheries Service 

(formerly National 

Marine Fisheries Service 

[NMFS]) 

• Provides consultation under the Endangered Species Act of 1973, Section 

7(a)(2) regarding effects to threatened or endangered species. 

• Provides consultation under the Magnuson-Stevens Fishery Management 

and Conservation Act for effects on Essential Fish Habitat. 

• Provides consultation under the Fish and Wildlife Coordination Act 

regarding effects on fish and wildlife resources. 

• Provides consultation under the Marine Mammal Protection Act regarding 

effects on marine mammals. 

• Issues Incidental Harassment Authorization under the Marine Mammal 

Protection Act for incidental takes of protected marine mammals (bowhead 

whales and ringed seals). 

B-3 Appendix B: Oil and Gas Permits 
Northeast NPR-A Supplemental IAP/EIS 

Regulatory Agency Permit/Approval Actions/Requirements 

U.S. Department of the 

Interior, Bureau of Land 

Management (USDOI 

BLM) 

• Reviews and approves Applications for Permit to Drill (including drilling 

plans and surface-use plans of operations) and Subsequent Well Operations 

as prescribed in 43 CFR part 3160, under authority of the Naval Petroleum 

Reserves Production Act of 1976 (42 USC §§ 6501-6508) and other federal 

laws, for development and production of federal leases. 

• Approves lease administration requirements including Unit Agreements and 

Plans of Development, Communitization Agreements, and Participating 

Area Determinations, as described in 43 CFR parts 3130 and 3180, under the 

Mineral Leasing Act of 1920 (30 USC §§ 181 et seq.), Federal Oil and Gas 

Royalty Management Act of 1982 (43 USC §§ 1701 et seq.), Naval 

Petroleum Reserves Production Act of 1976, Department of the Interior 

Appropriations Act, Fiscal Year 1981(Public Law 96-514), and other federal 

laws, for exploration and development of oil and gas leases. 

• Issues geophysical permits to conduct seismic activities as described in 43 

CFR part 3150, under authority of the Mineral Leasing Act of 1920, Alaska 

National Interest Lands Conservation Act (16 USC §§ 3101 et seq.), Federal 

Land Policy and Management Act of 1976 (43 USC §§ 1701 et seq.), Naval 

Petroleum Reserves Production Act of 1976, and Department of the Interior 

Appropriations Act, Fiscal Year 1981. 

• Issues rights-of-way grants and temporary use permits for the construction, 

operation, and maintenance of pipeline, production, and related facilities 

under the Naval Petroleum Reserves Production Act of 1976. 

• Delegates authority to ADEC for review and approval of Oil Discharge 

Prevention and Contingency Plans and Certification of Financial 

Responsibility for accidental oil discharge into navigable waters under 

Section 1016 of the Oil Pollution Act of 1990 (OPA90; 33 USC § 2716), and 

Section 311(j)(5) of the Federal Water Pollution Control Act (33 USC § 

1321(j)(5); 30 CFR part 254). 

U.S. Fish and Wildlife 

Service (USFWS) 

• Provides consultation under the Endangered Species Act of 1973, Section 

7(a)(2) regarding effects to threatened or endangered species. 

• Provides consultation under the Fish and Wildlife Coordination Act 

regarding effects to fish and wildlife resources. 

• Issues a Letter of Authorization under the Marine Mammal Protection Act 

for incidental takes of marine mammals. 

STATE 

Alaska Department of 

Environmental 

Conservation (ADEC) 

• Issues a Certificate of Reasonable Assurance for discharge of dredged and 

fill material into U.S. waters under Section 401, Federal Water Pollution 

Control Act of 1972, as amended in 1977 (Clean Water Act; 33 USC § 

1341); AS 46.03.020; 18 AAC chapters 15, 70, and 72. 

• Issues a Certificate of Reasonable Assurance/NPDES and Mixing Zone 

Approval for wastewater disposal into all state waters under Section 402, 

Federal Water Pollution Control Act of 1972, as amended (Clean Water Act; 

33 USC § 1342); AS 46.03.020, .100, .110, .120, and .710; 18 AAC 

chapters, 10, 15, and 70, and ; § 72.500. 

• Issues a Class I well wastewater disposal permit for underground injection of 

non-domestic wastewater under AS 46.03.020, .050, and .100. 

• Reviews and approves all public water systems including plan review, 

monitoring program, and operator certification under AS 46.03.020, .050, 

.070, and .720, 18 AAC § 80.005. 

• Approves domestic wastewater collection, treatment, and disposal plans for 

domestic wastewaters (18 AAC chapter 72). 

• Approves financial responsibility for cleanup of oil spills (18 AAC chapter 

75). 

Appendix B: Oil and Gas Permits B-4 
Northeast NPR-A Supplemental IAP/EIS 

Regulatory Agency Permit/Approval Actions/Requirements 

ADEC (Continued) • Reviews and approves the Oil Discharge Prevention and Contingency Plan 

and the Certificate of Financial Responsibility for storage or transport of oil 

under AS 46.04.030 and 18 AAC chapter 75. The State review applies to oil 

exploration and production facilities, crude oil pipelines, oil terminals, tank 

vessels and barges, and certain non-tank vessels. 

• Issues a Title V Operating Permit and a PSD permit under Clean Air Act 

Amendments (Title V) for air pollutant emissions from construction and 

operation activities (18 AAC chapter 50). 

• Issues solid waste disposal permit for state lands under AS 46.03.010, 020, 

100, and 110; AS 46.06.080; 18 AAC § 60.005; and 200. 

• Reviews and approves solid waste processing and temporary storage 

facilities plan for handling and temporary storage of solid waste on federal 

and state lands under AS 46.03.005, 010, and 020; and 18 AAC § 60.430. 

• Approves the siting of hazardous waste management facilities. 

Alaska Oil and Gas 

Conservation Commission 

(AOGCC) 

• Issues a Permit to Drill under 20 AAC § 25.05. 

• Issues approval for annular disposal of drilling waste (20 AAC § 25.080). 

• Authorizes Plugging, Abandonment, and Location Clearance (20 AAC § 

25.105 through 25.172). 

• Authorizes Production Practices (20 AAC §§ 25.200 through 25.245). 

• Authorizes Class II Waste Disposal and Storage (20 § AAC 25.252). 

• Approves Workover Operations (20 § AAC 25.280). 

• Reports (20 AAC §§ 25.300 through 25.320). 

• Authorizes Enhanced Recovery Operations under 20 AAC §§ 25.402-460. 

Alaska Department of 

Natural Resources 

(ADNR) 

• Conducts a Coastal Zone Consistency review and issues determination of 

consistency of proposed development within the coastal zone under Coastal 

Zone Management Act of 1972, as amended in 1976 (16 USC §§ 1451 et 

seq.); Alaska Coastal Management Program Act of 1977 (AS 46.40); and 6 

AAC chapter 50. 

• Issues a Material Sales Contract for mining and purchase of gravel from 

state lands under AS 38.05.850; and 11 AAC §§ 71.070 and .075. 

• Issues Rights-of-Way (ROW) and Land Use permits for use of state land, ice 

road construction on state land, and state freshwater bodies under AS 

38.05.850. 

• Issues a Temporary Water Use and Water Rights permit under AS 46.15 for 

water use necessary for construction and operations. 

• Issues pipeline ROW leases for pipeline construction and operation across 

state lands under AS 38.35.020. 

• Issues a Cultural Resources Concurrence for developments that may affect 

historic or archaeological sites under the National Historic Preservation Act 

of 1966, as amended (16 USC §§ 470 et seq.), Alaska Historic Preservation 

Act (AS 41.35.010 through .240). 

• Issues Fish Habitat Permits under AS 41.l4.84O and AS 41.l4.870 for 

activities within streams used by fish that agency determines could represent 

impediments to fish passage, or for travel in, excavation of, or culverting of 

anadromous fish streams. 

BOROUGH 

North Slope Borough 

(NSB) 

• Issues a Coastal Zone Consistency Determination to address project planning 

or development within the coastal zone under the Coastal Zone Management 

Act of 1972, as amended in 1976; Alaska Coastal Management Program, 

1977 (AS 46.40); Borough Ordinance 90-39. 

• Issues Development Permits for oil and gas projects under NSB Code of 

Ordinance Title 19. 

B-5 Appendix B: Oil and Gas Permits 
Northeast NPR-A Supplemental IAP/EIS 

Appendix B: Oil and Gas Permits B-6