25178 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

Approved: April 10, 1995.

William F. Riley,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 95–11669 Filed 5–10–95; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE INTERIOR

Mineral Management Service

30 CFR Part 250

RIN 1010–AB50

Oil and Gas and Sulphur Operations in

the Outer Continental Shelf

AGENCY: Minerals Management Service,

Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule revises

requirements for preventing hydrogen

sulfide (H2S releases and protecting

human safety. Requirements for visual

and audible warning systems, personnel

protection, training, H2S and sulphur

dioxide (SO2) detection and monitoring,

and H2S flaring are proposed.

DATES: Comments must be received or

postmarked no later than July 10, 1995

to be considered in this rulemaking.

ADDRESSES: Comments should be

mailed or hand-carried to the

Department of the Interior; Minerals

Management Service; Mail Stop 4700;

381 Elden Street; Herndon, Virginia

22070–4817; Attention: Chief,

Engineering and Standards Branch.

FOR FURTHER INFORMATION CONTACT:

E.P. Danenberger, telephone (703) 787–

1598, or John Mirabella, (703) 787–1600.

SUPPLEMENTARY INFORMATION:

Background

On January 19, 1989 (54 FR 2332), the

Occupational Safety and Health

Administration (OSHA) published a

final rule in the Federal Register to

amend requirements contained in 29

CFR 1910.1000. The requirements

concerned permissible exposure limits

(PEL) for 164 toxic substances that

included H2S and SO2. The Minerals

Management Service (MMS) determined

that its regulations at § 250.67 should be

revised to be consistent with OSHA’s

PEL’s and published proposed revisions

in the Federal Register on August 15,

1990 (55 FR 33326). Requirements for

training, signs, SO2 sensors, mud

sensors, and materials were also revised

or added, and additional information

was requested regarding the calibration

frequency of H2S sensors.

A Circuit Court Appeals Action

invalidated OSHA’s final rule. As a

consequence, OSHA resumed enforcing

contaminant exposure limits that were

in effect prior to the issuance of new

limits on January 19, 1989. Because of

the extensive revisions resulting from

comments to the proposed rule

(published on August 15, 1990), and

because of the court decision on

OSHA’s 1989 final rule, MMS is reproposing the rule and requesting

additional comments.

The MMS proposes to retain the H2S

concentration level thresholds similar to

those in the current rule. Also, new

sections concerning H2S flaring and SO2

concentration levels have been added.

The MMS proposes to incorporate the

latest editions of the American National

Standards Institute’s (ANSI) American

National Standard Practices for

Respiratory Protection (ANSI Z88.2–

1980) and the National Association of

Corrosion Engineers’ (NACE) Standard

(MR–01–75), Recommended Practice

(RP), Sulfide Stress Cracking Resistant

Metallic Materials for Oil Field

Equipment.

Discussion of Specific Comments

The following comments and

responses are grouped by specific

section or paragraph title.

Subpart D—Oil and Gas Drilling

Operations

§ 250.67(b) Definitions.

Comment: The term ‘‘potentially

result in atmospheric concentrations of

15 ppm or more of H2S’’ is vague and

the definition for ‘‘Zones known to

contain H2S’’ should be limited to

facilities known to contain H2S where

atmospheric concentrations of 10 parts

per million (ppm) or more of H2S have

been verified.

Response: Because human safety is

dependent upon advance preparation,

the definition for zones known to

contain H2S must be based on the

potential for a high volume release. Gas

with an H2S concentration of only 20

ppm, if released at a rate of 1,000,000

cubic feet per day (1,000 MCFD),

exposes all personnel within 24 feet to

concentrations of 20 ppm (PasquillGifford dispersion equation using wind

speed of 1 mile per hour). Therefore, the

definition encompasses most H2Sbearing zones which could flow in

volumes of 1,000 MCFD or more.

The 15-ppm concentration mentioned

in the above comment has been changed

to 20 ppm, as currently required in the

regulations.

§ 250.67(c) Request for classification of

probability of encountering H2S during

operations.

Comment: The definition of ‘‘Zones

where the absence of H2S has been

confirmed,’’ should recognize the

possibility of H2S being generated as a

result of water flooding.

Response: The MMS agrees that H2S

could be generated during production

operations in the initial stages of a new

water flood project. Paragraph (c) is

amended to require a reclassification

when new data indicate the presence of

H2S.

§ 250.67(e) Drilling and well-completion

operations in zones where the presence of

H2S is unknown.

Comment: The first sentence of

§ 250.67(e) should be revised to require

compliance with well-control fluid

provisions in zones where the presence

of H2S is unknown.

Response: The MMS agrees with this

suggestion. Compliance with the fluid

program requirements of paragraph (i)

in an unknown area would enable the

operator to safely continue operations if

H2S is encountered. The title and text of

paragraph (e) have been revised

accordingly.

§ 250.67(h)(1) H2S Contingency Plan.

Comment: Two commenters suggested

a requirement for H2S-detection,

monitoring, and alarm systems on

vessels attendant to a facility. Hydrogen

sulfide is heavier than air and tends to

settle and accumulate in lower areas.

The commenters are concerned that

horns and lights from a production

platform may be insufficient to warn a

vessel tied up below the platform or that

gas might accumulate at the vessel

rather than the producing facility.

Response: The MMS agrees that a low

volume, low-concentration release of

H2S might migrate down to a vessel

moored on the leeward side of the

facility and be detected on the vessel

before the platform. The need for H2S

sensors on attendant vessels depends on

the positioning procedures described in

the Contingency Plan. Requirements for

sensors are specified in § 250.67(h)(6)

H2S-detection and H2S-monitoring

equipment (formerly paragraph (h)(5)).

A new paragraph (h)(6)(v) has been

added to require H2S-detection systems

on certain vessels attendant to

facilitates.

During a recent drilling operation, it

was necessary to divert gas containing

H2S. Personnel from platforms as far

away as 12 miles had to be evacuated.

This incident identified the importance

of notifying nearby manned facilities.

The MMS has proposed to require lists
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25179

of facilities to be notified in case of a

release of H2S.

Comment: Six organizations

commented on the proposed new

paragraph (h)(1) (viii) and (ix) that

addresses the toxic hazard of SO2, a gas

produced when H2S is ignited. The

commenters suggested clarification of

the term ‘‘portable monitors’’ and the

monitoring procedures.

Response: The proposed rule allows

the use of portable equipment to

monitor personnel exposure to SO2

when H2S is intentionally or

accidentally burned. The MMS

recognizes that operators may choose

the use permanent SO2 detectors to

monitor flares.

Other commenters suggested that the

rule might be interpreted to require

continuous monitoring of the SO2. The

MMS recognizes that the irritating odor

of SO2 warns personnel about its

presence. The purpose of the

requirement is to have a means of

measuring the concentration to

determine if PEL’s are exceeded. The

MMS has clarified the requirement in

new paragraphs (h)(1)(xi) (C) and (D).

New paragraph (h)(1)(xi).

The MMS has determined that the

current regulations at 30 CFR 250.67

and 250.175 do not clearly address the

flaring of gas containing H2S. Therefore,

a new paragraph has been added to

require that the H2S Contingency Plan

described the operational conditions

during which gas containing H2S could

be flared, estimate the maximum gas

flow rate, H2S concentration and

duration of flaring, assess the risks to

personnel, and identify the

precautionary measures to be taken.

§ 250.67(h)(2) Training Program.

Comment: New training requirements

are not needed unless there is some

specific reason for increased training.

Response: The proposed requirements

do not include additional training

requirements. In fact, the requirement

for training has been reduced from a

training session upon arrival and every

subsequent 7-day period, to an initial

training session repeated annually.

Comment: The proposed definition of

a ‘‘visitor’’ implies that anyone

remaining onboard overnight would be

subject to annual H2S training

certification requirements. The

commenter’s opinion was that the

proposed briefing is adequate for all

visitors whether or not they depart the

day of arrival.

Response: Any person who remains at

a facility for an extended period (i.e.,

overnight) should be fully trained in the

hazards of H2S and the provisions for

personnel protection.

Comment: Visitors should be properly

trained in the use of the type of

respirator available on the facility.

Response: The MMS agrees. Language

has been added to require that visitors

be given a hands-on demonstration and

practice in donning and adjusting the

assigned respirator.

Comment: Visitors not temporarily or

permanently employed at the facility

should not be required to receive the

full H2S training required for operator

and contract personnel.

Response: This paragraph was

received to clarify that visitors who do

not remain overnight need only receive

abbreviated training outlined in the

paragraph. However, visitors who do

remain overnight will be required to

receive full H2S training.

Comment: Commenters on

§ 250.67(h)(2)(iv) stated that OSHA

plans to withdraw the restriction on

wearing contact lenses with a respirator

(29 CFR 1910.134(e)(5)(ii)) and

recommended investigating this

proposed change and amending MMS

requirement for consistency with the

OSHA requirement.

Response: The MMS is aware that

OSHA has considered withdrawing the

restriction on wearing contact lenses

with a respirator. If OSHA publishes

final revisions of this requirement, MMS

will consider revising its requirement

accordingly.

Comment: The requirement of

§ 250.67(h)(2)(v)(B) for three

resuscitators could be reduced for

platforms having fewer than three

people onboard.

Response: Facilities that are manned

for 24 hours per day will normally have

more than three people onboard, and

visits to unmanned facilities usually

involve several people. Therefore, the

proposed requirement was not changed.

§ 250.67(h)(3) Drills.

Comment: The requirement for a drill

within 24 hours after duty begins and

once during every subsequent 7-day

period is excessive and should be

reduced.

Response: This is an existing

requirement that has been successfully

implemented in the field. Contract

personnel may only be on the platform

for a few days. The proposed

requirement ensures that they receive

the benefit of regular drills. Further, the

weekly training requirement was

eliminated with the understanding that

each employee would be participating

in a weekly drill.

§ 250.67(h)(4) Visual warning system

(formerly paragraph (h)(3)).

Comment: This paragraph was not

initially proposed for revision, but two

commenters recommended that

operators be allowed to display colored

lights as visual warning signs for H2S.

Response: The revised rule permits

electronic systems that alert vessels and

clearly explain the danger.

Comment: Four organizations claimed

that it is not possible to put the wording

‘‘Danger-Poisonous Gas-Hydrogen

Sulfide’’ in 12-inch-high letters on a 4-

foot x 8-foot sign and still have room for

the wording about the red warning flags.

Response: The MMS now proposes

wording painted in the following format

on a sign 14.5 feet wide and 6 feet high:

In 12-inch-high letters:

DANGER

POISONOUS GAS

HYDROGEN SULFIDE

and in 7-inch-high letters:

DO NOT APPROACH IF RED FLAG IS

FLYING.

According to the Virginia Department

of Transportation’s highway sign

standard, 1 inch of letter height is

required for each 50 feet of safe reading

distance; therefore, the 12-inch-high

letters could be safely read from a

distance of 200 yards, and the 7-inchhigh letters could be safely read from a

distance of 116 yards. The MMS

considers these distances to be

sufficient for helicopter and vessel

pilots to read, heed, and change course.

The revised paragraph also provides

the option of supplementing existing

signs, thereby saving the operator the

expense of replacement or repainting.

Comment: Exceptions to paragraph

(h)(4)(ii)(D) should be allowed for the

U.S. Coast Guard (USCG) approved

safety zones since the signs would be

unreadable from vessels outside these

safety zones.

Response: The intent of the proposed

sign requirement is to warn all types of

craft, including private and commercial

fishing boats and vessels attendant to

the facility, of the potentially toxic

hazards. The USCG approved safety

zones are designed to prevent collisions

of large vessels with platforms and are

not usually applicable to vessels

attendant to the facility or vessels under

100 feet in length.

§ 250.67(h)(5) Audible warning system

(formerly paragraph (h)(4)).

Comment: Seven commenters

suggested working changes to make it

clear that the monitoring equipment

shall be capable of activating alarms.

Response: The MMS agrees and has

revised paragraph (h)(5) accordingly.
25180 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

§ 250.67(h)(6) H2S-detection and H2Smonitoring equipment (formerly paragraph

(h)(5)).

Comment: Add the mud-return

receiver tank (possum belly) and pipetrip tank to the list of specified areas

where atmospheric H2S sensors are

required (paragraph (h)(6)(i)) because

the potential for the release of H2S is

high at both of these places during

drilling, well-completion, or wellworkover operations.

Response: The MMS agrees and has

added those areas to the list of H2S

sensing points.

Comment: Five commenters disagreed

with the provision in (h)(6)(i) that

allows the substitution of an in-the-mud

sensor for the air sensor required at the

bell nipple. Two commenters supported

the supplemental use of in-the-mud

sensors. One commenter suggested the

deletion of the provision that allows the

District Supervisor discretion to require

an in-the-mud sensor at the bell nipple

if the air sensor at that location is

habitually inoperative.

Response: The purpose of an in-themud sensor in the mud-return line

receiver tank is to detect the potential

for H2S release, so that corrective action

can be taken. Further, an in-the-mud

sensor may be necessary if the air

sensors at the nipple are subject to

contamination by splashed mud and rig

floor washwater.

However, the air sensor at the bell

nipple is necessary when the mudreturn line receiver tank is bypassed.

This is a common occurrence when

tripping drill pipe. Therefore, proposed

paragraph (h)(6)(i) only provides for the

supplementary use of in-the-mud

sensors and authorizes the District

Supervisor to require such devices

where the performance of ambient air

sensors has not been satisfactory.

§ 250.67(h)(6)(ii) (new paragraph).

Comment: Requirements for H2S

sensors on production facilities in

proposed paragraph (h)(6)(i) are vague,

and MMS should incorporate the sensor

location guidelines contained in the

latest draft of the American petroleum

Institute’s (API) RP for Analysis, Design,

Installation and Testing of Basic Surface

Safety Systems for Offshore Production

Platforms, API RP 14C.

Response: The MMS agrees. A new

paragraph (h)(1)(x) provides for a

drawing (in the H2S Contingency Plan)

showing vessels, wellheads, and other

H2S handling equipment. New

paragraph (h)(6)(ii) lists the locations for

the sensors required on production

facilities.

§ 250.67(h)(6)(iii) (formerly (h)(5)(ii)).

Comment: Twelve commenters

suggested a reduction in the calibration

frequency and the use of functional tests

to determine when re-calibration is

required. None presented any data to

support their contention. One

commenter suggested that daily

functional testing begin when the drill

bit is 1,500 feet above the potential H2S

zone.

Response: The proposed rule

combines the suggestions of H2S

specialists and a functional test

requirement specified in the Instrument

Society of America’s (ISA) RP,

Installation, Operation, and

Maintenance of Hydrogen Sulfide

Detection Instruments, ISA–RP 12.15,

Part II–1990. The revision proposes a

reduction in function testing and

calibration frequencies while

authorizing the District Supervisor to

require more frequent testing when

warranted.

§ 250.67(h)(6)(iv) (formerly (h)(5)(iii)).

Comment: The term ‘‘H2S-detection

ampoules’’ is ambiguous and trade

restrictive.

Response: The MMS agrees and has

revised the proposal to require ‘‘portable

H2S-detection devices.’’

Because employees entering an area

will be exposed to danger before they

can use a portable device, the proposed

rule does not allow operators to use

portable devices to monitor poorly

ventilated areas. Proposed paragraphs

(h)(6) (i) and (ii) address areas where

H2S may accumulate and requires fixed

sensors. Portable devices may be used in

other instances such as when the lessee

needs to monitor H2S in nearby

facilities.

§ 250.67(h)(7) SO2-detection and SO2-

monitoring equipment (new paragraph

(h)(7)).

Comment: Operators should have the

option to use portable or fixed SO2

monitors to monitor air quality while

burning gas containing H2S.

Another commenter recommended

that monitors be capable of detecting a

minimum of 2 ppm of SO2, and that, in

lieu of prescribed emergency actions,

personnel protection measures should

follow the operator’s approved

Contingency Plan.

Response: These comments were

adopted.

§ 250.67(h)(8)(i) (formerly paragraph

(h)(6)(i)).

Comment: Require pressure-demandtype respirators with hoseline capability

and a specified self-contained breathing

time.

Response: The MMS agrees. The

proposal requires compliance with

ANSI’s Z88.2, Practices for Respiratory

Protection, which allows use of several

types of respirators. The first sentence

has been revised to require that all

respirators have hoseline capability and

nominal breathing time of at least 15

minutes.

Comment: A specified number of

spectacle kits and voice-transmission

devices suitable for use with breathing

apparatus should be required.

Response: The MMS agrees and

proposes that at least two voice

transmission devices be available. The

requirement for spectacle kits remains

‘‘as needed’’ depending on the number

of crew members and potential visitors

wearing glasses.

§ 250.67(h)(11) Notification of regulatory

agencies (formerly paragraph (h)(9)).

Comment: Clarify reporting for

releases of H2S to the USCG and MMS

so that routine releases associated with

testing, repair, or maintenance of

equipment need not be reported.

Response: The MMS has revised

paragraph (h)(11) to limit reporting

requirements for low-level releases. We

have also deleted the requirement for

reporting to the USCG because a

Memorandum of Understanding

between MMS and USCG assigns MMS

lead responsibility for H2S control

equipment, gas detection systems, and

personnel protection. The MMS will

notify the USCG as soon as a potentially

hazardous H2S release has been

reported.

§ 250.67(l) Metallurgical properties of

equipment for use in a zone known to

contain H2S—(1) General provisions.

Comment: Analyses of failure modes

should be done for all materials—not

only ones requiring approval under the

NACE Standard MR–01–75.

Response: The MMS agrees and has

revised paragraph (l)(1) in § 250.67.

§ 250.67(1)(6) Welding.

Comment: Clarify that the welding

requirement is applicable to production

facilities.

Response: The MMS agrees and has

revised and retitled paragraph (l)(6).

Subpart K—Oil and Gas Production

Rates

§ 250.175 Flaring and venting of gas.

New paragraph (d).

For safety and emission control

purposes, the Regional Supervisor is

authorized to restrict the routine flaring

of H2S. A monthly report of volumes

flared and H2S concentrations is

required.
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25181

Authors

The principal authors of this

proposed rule are E.P. Danenberger and

Lloyd M. Tracey, Engineering and

Technology Division, MMS.

Executive Order (E.O.) 12866

This rule was reviewed under E.O.

12866. The rule was determined not to

be a significant rule under the criteria of

E.O. 12866 and was, therefore, not

reviewed by the Office of Management

and Budget. (OMB).

Regulatory Flexibility Act

The Department of the Interior (DOI)

has also determined that this proposed

rule will not have a significant

economic effect on a substantial number

of small entities because, in general, the

entities that engage in activities offshore

are not considered small due to the

technical complexities and financial

resources necessary to conduct such

activities.

Paperwork Reduction Act

This proposed rule adds new

information collection requirements to

subparts D and K. The information

collection requirements contained in

this rule have been submitted to OMB

for approval as required by the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.). The collection of this

information will not be required until it

has been approved by OMB. Public

reporting burden for the H2S

information collection requirements

contained in subparts D and K are

estimated to average 12 hours and 1

hour per response, respectively,

including the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding these burden

estimates or any other aspect of this

collection of information, including

suggestions for reducing the burden, to

the Information Collection Clearance

Officer; Minerals Management Service;

Mail Stop 2053, 381 Elden Street;

Herndon, Virginia 22070–4817, and the

Office of Management and Budget;

Paperwork Reduction Project (1010–

0053) for subpart D and (1010–0041) for

subpart K; Washington, DC 20503,

telephone (202) 395–7340.

Takings Implication Assessment

The DOI certifies that the proposed

rule does not represent a governmental

action capable of interference with

constitutionally protected property

rights. Thus, a Takings Implication

Assessment need not be prepared

pursuant to E.O. 12630, Government

Action and Interference with

Constitutionally Protected Property

Rights.

E.O. 12778

The DOI has certified to OMB that

this proposed rule meets the applicable

civil justice reform standards provided

in sections 2(a) and 2(b)(2) of E.O.

12778.

National Environmental Policy Act

The DOI has determined that this

action does not constitute a major

Federal action significantly affecting the

quality of the human environment;

therefore, preparation of an

Environmental Impact Statement is not

required.

List of Subjects in 30 CFR Part 250

Continental shelf, Environmental

impact statements, Environmental

protection, Government contracts,

Incorporation by reference,

Investigations, Mineral royalties, Oil

and gas development and production,

Oil and gas exploration, Oil and gas

reserves, Penalties, Pipelines, Public

lands-mineral resources, Public lands—

rights-of-way, Reporting and

recordkeeping requirements, Sulphur

development and production, Sulphur

exploration, Surety bonds.

Dated: March 21, 1995.

Bob Armstrong,

Assistant Secretary, Land and Minerals

Management.

For the reasons set forth in the

preamble, 30 CFR part 250 is proposed

to be amended as follows:

PART 250—OIL AND GAS AND

SULPHUR OPERATIONS IN THE

OUTER CONTINENTAL SHELF

1. The authority citation for part 250

continues to read as follows:

Authority: 43 U.S.C. 1334.

2. In § 250.1, paragraphs (c)(7) and

(g)(1) are revised as follows:

§ 250.1 Documents incorporated by

reference.

* * * * *

(c) * * *

(7) ANSI Z88.2–1992, Practices for

Respiratory Protection, Incorporated by

Reference at: § 250.67(h)(2)(iv) and (h)(6)(i).

* * * * *

(g) * * *

(1) NACE Standard MR–01–92,

Recommended Practice, Sulfide Stress

Cracking Resistant Metallic Materials for Oil

Field Equipment, January 1992, Incorporated

by Reference at: § 250.67(1)(3).

* * * * *

3. In § 250.2, Definitions, revise the

definition Zones known to contain (H2S)

and in the definition Zones where the

absence of H2S has been confirmed,

revise paragraph (1), remove paragraph

(2), and redesignate paragraph (3) as

paragraph (2) to read as follows:

§ 250.2 Definitions.

* * * * *

Zones known to contain H2S means

geologic formations where prior drilling,

logging, coring, testing, or producing

operations have confirmed the presence

of H2S in concentrations and volumes

that could potentially result in

atmospheric concentrations of 20 parts

per million (ppm) or more of H2S.

Zones where the absence of H2S has

been confirmed means one of the

following: (1) Geologic formations

where prior drilling, logging, coring,

testing, or producing operations have

confirmed the absence of H2S in

concentrations and volumes that could

potentially result in atmospheric

concentrations of 20 ppm or more of

H2S,

* * * * *

4. In § 250.67(b), revise the definition

Zones known to contain H2S and in the

definition Zones where the absence of

H2S has been confirmed revise

paragraph (1), remove paragraph (2),

and redesignate paragraph (3) as

paragraph (2) to read as follows:

§ 250.67 Hydrogen sulfide.

* * * * *

(b) * * *

Zones known to contain H2S means

geologic formations where prior drilling,

logging, coring, testing, or producing

operations have confirmed the presence

of H2S in concentrations and volumes

that could potentially result in

atmospheric concentrations of 20 ppm

or more of H2S.

Zones where the absence of H2S has

been confirmed means one of the

following: (1) Geologic formations

where prior drilling, logging, coring,

testing, or producing operations have

confirmed the absence of H2S in

concentrations and volumes that could

potentially result in atmospheric

concentrations of 20 ppm or more of

H2S;

* * * * *

5–8. In § 250.67, revise paragraphs (c)

through (f) to read as follows:

(c) Requirement for classification or

reclassification of probability of

encountering H2S during operations.

The lessee shall:

(1) Obtain an approved classification

for the area from the Regional

Supervisor before beginning operations.

Classifications are:

(i) ‘‘Zones known to contain H2S’’;

(ii) ‘‘Zones where the presence of H2S

is unknown’’; or
25182 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

(iii) ‘‘Zones where the absence of H2S

has been confirmed.’’

(2) Submit a request for

reclassification of a zone when

additional data indicate a different

classification is needed.

(d) Requirements for drilling, wellcompletion, and well-workover

operations in zones known to contain

H2S. The lessee shall comply with

paragraphs (d), (h), (i), (j), (k), (l) (1)

through (5), and (m) (1) through (13) of

this section.

(e) Requirements for drilling and wellcompletion operations in zones where

the presence of H2S is unknown. The

lessee shall comply with paragraphs (h)

and (i) of this section. If H2S is

encountered that could potentially

result in atmospheric concentrations of

20 ppm or more of H2S, the lessee shall

follow requirements of paragraph (d) of

this section.

(f) Requirements for production

operations in zones known to contain

H2S. Lessee shall comply with the

requirements in paragraphs (h), (l) (1)

through (6), and (m) (7) through (15) of

this section.

* * * * *

9. In § 250.67(h), revise paragraphs

(h)(1) (iii) through (v), redesignate

paragraph (h)(1)(vi) as paragraph

(h)(1)(viii), and revise redesignated

paragraph (h)(1)(viii); redesignate

(h)(1)(vii) as paragraph (h)(1)(ix) and

add new paragraphs (h)(1) (vi), (vii), (x),

and (xi); revise paragraph (h)(2);

redesignate paragraph (h)(3) as

paragraph (h)(4) and revise redesignated

paragraphs (h)(4)(ii) (A), (D), and (E);

add new paragraph (h)(3); redesignate

paragraph (h)(4) as paragraph (h)(5) and

revise redesignated paragraph (h)(5);

redesignate paragraph (h)(5) as

paragraph (h)(6) and revise redesignated

paragraph (h)(6); redesignate paragraph

(h)(6) as paragraph (h)(8) and revise

redesignated paragraphs (h)(8) (i) and

(v); redesignate paragraph (h)(7) as

paragraph (h)(9) and revise redesignated

paragraph (h)(9)(v); add new paragraph

(h)(7); redesignate paragraph (h)(8) as

paragraph (h)(10); redesignate paragraph

(h)(9) as paragraph (h)(11) and revise it.

§ 250.67 Hydrogen sulfide.

* * * * *

(h) * * *

(1) * * *

(iii) Duties, responsibilities, and

operating procedures to be initiated

when the concentration of H2S in the

atmosphere reaches 20 ppm. Include a

description of the audible and visual

alarms to be activated.

(iv) Designation of briefing areas for

assembly of personnel during an H2S

alert. At least two briefing areas shall be

established on each facility. The briefing

area that is upwind of the H2S source at

any given time shall be the designated

briefing area.

(v) Procedures for the deboarding and

safe evacuation of all personnel from the

facility by vessel, capsule, or lifeboat. If

helicopters are to be used during H2S

alerts, include a description of the types

of H2S emergencies during which the

risk of helicopter activity is deemed

acceptable and the precautions during

such flights.

(vi) Procedures for the safe

positioning of all vessels attendant to

the facility (including their location

with respect to wind direction and

distance from the facility) and for

emergency relocation.

(vii) Procedures for providing

protective-breathing equipment for all

personnel, including contractors and

visitors.

(viii) A list of agencies and facilities

to be notified in case of a release of H2S

and the procedure for notification.

Include the identification and telephone

numbers of all facilities that might be

exposed to atmospheric concentrations

of 20 ppm or more of H2S.

* * * * *

(x) For production facilities producing

gas containing 20 ppm or more of H2S,

an ‘‘H2S Detector Location Drawing’’

showing the following:

(A) All vessels, flare outlets,

wellheads, and other equipment

handling production containing H2S;

(B) The approximate maximum

concentration of H2S in the gas stream;

and

(C) The location of all H2S sensors

required by paragraph (h)(6)(ii) of this

section.

(xi) The H2S Contingency Plan shall

describe the operational conditions

during which gas containing H2S would

be flared, estimate the maximum gas

flow rates, H2S concentrations and

duration of flaring, assess the risks to

personnel, and identify the

precautionary measures to be taken. The

precautions shall include:

(A) Primary and alternate methods for

igniting the flare and procedures for

sustaining ignition and monitoring the

status of the flare (i.e., ignited or

extinguished).

(B) Procedures for shutting off flow to

the flare in the event the flare is

accidentally or intentionally

extinguished.

(C) A complete description of portable

or fixed sulphur dioxide (SO2)-detection

system(s) to be used to determine the

SO2 concentration and personnel

exposure hazard when gas containing

H2S is burned.

(D) A description of the increased

monitoring and warning procedures to

be taken when the SO2 concentration in

the atmosphere reaches 2 ppm and

personnel protection measures or

evacuation procedures to be initiated

when the SO2 concentration in the

atmosphere reaches 5 ppm.

(2) Training program. All operator

and contract personnel shall complete

an H2S training program, as described in

the operator’s approved H2S

Contingency Plan, before beginning

work at an Outer Continental Shelf

facility. Maintain written

documentation of this training at the

facility where the individual is

employed. Alternatively, the employee

may carry a training completion card.

The H2S training program described

below shall be repeated within 1 year

after completion of the previous class.

Employees or contractors transferred to

another facility shall attend a

supplemental briefing on H2S

equipment and procedures at that

facility before beginning duty. Visitors

who will remain on the facility

overnight shall receive the training

described in this paragraph. Visitors

who will depart on the day of arrival are

exempt from the training described in

this paragraph, but they shall, upon

arrival, complete an abbreviated training

program that includes the following:

Information on the location and use of

an assigned respirator; practice in

donning and adjusting the assigned

respirator; information on the safe

briefing areas, alarm system, and

hazards of H2S and SO2; and

instructions on their responsibilities in

the event of an H2S release. Safety

information shall be prominently posted

on the facility and on vessels serving the

facility. The training program shall

include the following:

(i) Instruction on the hazards of H2S

and SO2 and the provisions for

personnel safety contained in the H2S

Contingency Plan.

(ii) Instruction in the proper use of

safety equipment which the employee

may be required to use.

(iii) Information on the location of

protective-breathing equipment, H2S

detectors and alarms, ventilation

equipment, briefing areas, warning

systems, evacuation procedures, and the

direction of the prevailing winds.

(iv) Restrictions and corrective

measures concerning beards, spectacles,

and contact lenses in conformance with

ANSI’s Practices for Respiratory

Protection (ANSI Z88.2).

(v) Instruction in basic first-aid

procedures applicable to victims of H2S

exposure. During all drills and training

sessions, the lessee shall address

procedures for rescue and first aid for

H2S victims. Lessee shall have readily
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25183

available on each facility, and instruct

personnel as to the location and use of,

the following equipment:

(A) A first-aid kit of appropriate size

and content for the number of personnel

on the facility;

(B) At least three resuscitators

complete with face masks, oxygen

bottles, and spare oxygen bottles; and

(C) At least one litter or an equivalent

device.

(vi) Information on the meaning of all

warning signals.

(3) Drills. Conduct a drill for each

person at the facility within 24 hours

after duty begins and at least once

during every subsequent 7-day period.

At least monthly, a discussion of drill

performance, new H2S considerations at

the facility, and other updated H2S

information shall be topics at facility

safety meetings. Keep records of

attendance for drilling, well-completion,

and well-workover operations at the

facility until operations are completed.

Keep records of attendance for

production operations at the facility or

at the nearest field office for 1 year.

(4) * * *

(ii) * * *

(A) Each sign shall be a high-visibility

yellow color with black lettering of a

minimum of 12 inches in height reading

as follows:

DANGER

POISONOUS GAS

HYDROGEN SULFIDE

and in lettering of a minimum of 7

inches in height:

DO NOT APPROACH IF RED FLAG IS

FLYING

Existing signs containing the words

‘‘Danger-Hydrogen Sulfide-H2S’’ are

acceptable provided the words

‘‘POISONOUS GAS’’ and ‘‘DO NOT

APPROACH IF RED FLAG IS FLYING’’

in lettering of a minimum of 7 inches in

height are displayed on a sign

immediately adjacent to the existing

sign.

* * * * *

(D) When the atmospheric

concentration of H2S reaches 20 ppm,

display signs and flags and activate

visual and audible alarms.

(E) Display warning signs required

under paragraph (h)(4)(ii)(A) of this

section at all times on facilities with

wells capable of producing H2S and on

facilities which process gas containing

H2S.

* * * * *

(5) Audible warning system. Install a

public address system and a siren, horn,

or other similar warning devices with a

unique sound used only for H2S

warnings. The warning devices (audible

and visual) shall be suitable for the

electrical classification of the area and

shall be activated by the H2S-detection

system when the concentration of H2S

in the atmosphere reaches 20 ppm.

When the warning devices are activated,

the designated responsible persons shall

inform personnel of the level of danger

and issue instructions on the initiation

of appropriate protective measures.

(6) H2S-detection and H2S-monitoring

equipment. (1) Each facility shall have

an H2S-detection system that activates

audible and visual alarms when the

concentration of H2S in the atmosphere

reaches 20 ppm. The detection systems

shall be capable of sensing a minimum

of 10 ppm of H2S in the atmosphere. For

drilling, well-completion, and wellworkover operations, sensors shall be

located at the bell nipple, mud-return

line receiver tank (possum belly), pipetrip tank, shale shaker, well-control

fluid pit area, driller’s station, living

quarters, and all other areas where H2S

may accumulate. H2S-detection systems

that measure hydrogen-ion (pH) and

hydrosulfide-ion (HS) and sulfide-ion

(S=) concentrations in the mud and

calculate and display the theoretical

concentration of H2S that could exist in

the air above the mud may be used in

water-based muds to supplement the

required in-the-air sensors. The District

Supervisor may require such a mud

sensor to be utilized in the mud-return

line receiver tank (possum belly) in

cases where the ambient air sensors in

the mud-return system do not

consistently and accurately detect the

presence of H2S.

(ii) On production facilities, locate

H2S detection sensors as follows:

(A) At least one sensor per 400 square

feet of deck area or fractional part

thereof, in rooms, buildings, or deck

areas where atmospheric concentrations

of H2S could reach 20 ppm or more.

(B) In buildings where personnel

regularly or occasionally sleep and on a

platform where gas containing H2S of 20

ppm or greater is produced, processed,

or otherwise handled.

(C) Within 10 feet of all vessels,

compressors, wellheads, manifolds, and

pumps that could release H2S in

volumes and concentrations sufficient

to result in atmospheric concentrations

of 20 ppm of H2S at a distance of 10 feet.

These sensor locations shall be depicted

in the ‘‘H2S Detector Location Drawing’’

required by paragraph (h)(1)(x) of this

section. One sensor may be utilized to

detect H2S around multiple pieces of

equipment, provided the sensor is

located no more than 10 feet from each

piece. Monitor compressors exceeding

50 horse power with at least two

sensors. Wells shut in at the master

valve and sealed closed are exempt.

Consider the location of piping system

fittings, flanges, valves, and other

devices subject to leaks to the

atmosphere in determining the

placement of sensors. Also consider

design factors, such as the type of

decking and the location of fire walls, in

the placement of sensors. (iii)(A) Functionally test the H2Sdetection and H2S-monitoring

equipment with a known concentration

in the range of 10 to 30 ppm of H2S at

least once every 24 hours when

conducting drilling, drill stem testing,

well-completion, and/or well-workover

operations in wells in areas classified as

zones where the presence of H2S is

unknown or known. When drilling,

begin functional testing before the bit is

1,500 feet (vertically) above a potential

H2S zone.

(B) Functionally test the H2S detectors

and monitors for production operations

with a known concentration in the range

of 10 to 30 ppm of H2S at a frequency

such that no more than 14 days shall

elapse between functional tests. (C) If the results of any functional test

are not within 2 ppm or 10 percent,

whichever is greater, of the applied

concentration, recalibrate the

instrument. The functional tests and

calibrations shall be conducted by

personnel trained to calibrate the

particular H2S-detector and H2Smonitoring equipment being used.

Maintain records of testing and

calibration results at the facility to show

the present status and history of each

device, including dates and details of

installation, removal, inspection,

testing, repairing, adjustments, and

reinstallation. Record dates of testing

and calibrations in the drilling or

production operations report, as

applicable. Records shall be available

for inspection by MMS personnel. When

equipment requires recalibration as a

result of two consecutive functional

tests, the District Supervisor may

require the H2S-detection and H2Smonitoring equipment to be

functionally tested and calibrated more

frequently. (iv) Portable H2S-detection devices

capable of detecting a 10-ppm

concentration of H2S in the air shall be

available for use by all personnel. (v) Lessee shall equip attendant

vessels that are stationed overnight

alongside facilities where the presence

of H2S is known or unknown with an

H2S-detection system that activates

audible and visual alarms when the

concentration of H2S in the atmosphere

reaches 20 ppm. The detection system

shall be capable of sensing a minimum

10 ppm of H2S in the atmosphere with

at least one sensing point in the crew
25184 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

quarters. This requirement is not

applicable to attendant vessels that, in

accordance with the positioning

procedure described in the approved

H2S Contingency Plan required by

paragraph (h)(1)(vi) of this section, are

positioned upwind and at a safe

distance from the facility.

(vi) The District Supervisor may

require the lessee to equip nearby

facilities with portable or fixed H2S

detector(s). These detectors shall be

tested and calibrated in accordance with

paragraph (h)(6)(iii) of this section.

(7) SO2-detection and SO2-monitoring

equipment. If gas containing H2S is

accidentally or intentionally burned, the

operator shall monitor the SO2

concentration in the air with portable or

strategically placed fixed devices

capable of detecting a minimum of 2

ppm of SO2. Reading shall be taken at

least hourly and at any time personnel

detect SO2 odor or nasal irritation. The

District Supervisory may waive the

monitoring requirements of this

paragraph provided sufficient

engineering controls, such as ventilation

systems and multiple flare booms or

elevated flare booms, are utilized to

effectively minimize or eliminate the

hazards associated with SO2. If the SO2

concentration in the work areas reaches

2 ppm, the personnel protective

measures specified in the H2S

Contingency Plan shall be implemented.

If fixed or portable electronic sensing

devices are used, these devices shall be

calibrated every 3 months. If length of

stain gas detector tub type detectors are

sued, the sensing date shall not exceed

the expiration dates for the tubes used.

(8) * * *

(i) Personnel, including contractors

and visitors on a facility operating in a

zone known to contain H2S or a zone

where the presence of H2S of unknown,

shall have immediate access to selfcontained pressure-demand-type

respirators with hoseline capability and

a nominal breathing time of at least 15

minutes, The design, selection, use, and

maintenance of these respirators shall

conform to ANSI Z88.2, Practices for

Respiratory Protection. At least two

voice-transmission devices, which can

be used while wearing a respirator, shall

be available for use by designated key

personnel. Spectacle kits shall be made

available as needed.

* * * * *

(v) Helicopter flights to and from

facilities during H2S alerts shall be

limited to the conditions specified in

the H2S Contingency Plan. During

authorized flights, pressure-demandtype respirators shall be utilized as

required by the plan. All members of

flight crews shall be trained in the use

of the particular type(s) of respirator

equipment made available.

* * * * *

(9) * * *

(v) At least three resuscitators.

* * * * *

(11) Notification of regulatory

agencies. The lessee shall notify MMS

without delay in the event of a gas

release which results in a 15-minute

time weighted average (TWA)

atmospheric concentration of H2S

anywhere on the facility of 20 ppm or

more.

10. In § 250.67(i), revise the title of

paragraph (i) and revise paragraphs

(i)(1), (i)(2), and (i)(3)(i) to read as

follows:

§ 250.67 Hydrogen sulfide.

* * * * *

(i) Drilling, completion, and workover

fluids program when operating in a zone

known to contain H2S or a zone where

the presence of H2S is unknown.—(1)

Well-control fluid base. Lessee may use

either water- or oil-base muds in

accordance with § 250.40(b)(1).

(2) Well-control fluid testing. If waterbase, well-control fluids are used, and if

H2S is detected by ambient air sensors,

either the Garrett-Gas-Train test or a

comparable test for soluble sulfides

shall be conducted immediately to

confirm the presence of H2S. If the

concentration detected by air sensors is

in excess of 20 ppm, personnel

conducting the test shall don protectivebreathing equipment conforming to

paragraph (h)(8)(i) of this section.

(3) * * *

(i) Scavengers. Scavengers for control

of H2S shall be available on the facility.

When H2S is detected, scavengers shall

be added as needed. Drilling shall be

suspended until the scavenger is

circulated throughout the system.

* * * * *

11. In § 250.67(k), revise paragraph

(k)(3) to read as follows:

§ 250.67 Hydrogen sulfide.

* * * * *

(k) * * *

(3) All produced gases shall be burned

through a flare which meets the

requirements of paragraph (m)(7) of this

section. Prior to flaring gas containing

H2S, the lessee shall activate SO2

monitoring equipment in accordance

with paragraph (h)(7) of this section. If

SO2 in excess of 2 ppm is detected, the

lessee shall implement the personnel

protective measures required by the H2S

Contingency Plan specifications of

paragraph (h)(1)(xi)(D) of this section.

The flaring of well test gas is also

subject to the requirement of § 250.175.

Gases from stored test fluids shall be

piped into the flare outlet and burned.

* * * * *

12. In § 250.67(1), revise paragraphs

(l)(1) and (l) (2) and the title and text of

paragraph (l)(6) to read as follows:

§ 250.67 Hydrogen sulfide.

* * * * *

(l) Metallurgical properties of

equipment for use in a zone known to

contain H2S—(1) General provisions.

Equipment used in H2S environments

shall be constructed of materials with

metallurgical properties that resist or

prevent sulfide stress cracking (also

known as hydrogen embrittlement,

stress corrosion cracking, or H2S

embrittlement) chloride-stress cracking,

hydrogen-induced cracking, and other

failure modes.

(2) Tubulars and other equipment.

Tubulars and other equipment, casing,

tubing, drill pipe, couplings, flanges,

and related equipment shall be designed

for H2S service.

* * * * *

(6) Welding. The lessee shall keep the

use of welding to a minimum during the

installation or modification of a

production facility. Welding shall be

done in a manner that ensures

resistance to sulfide stress cracking.

* * * * *

13. In § 250.67(m), revise paragraphs

(m) (1), (4), and (13) to read as follows:

§ 250.67 Hydrogen sulfide.

* * * * *

(m) * * *

(1) Additional precautions after

penetration of an H2S-bearing zone. In

addition to the monitoring requirements

in paragraph (h)(6)(i) of this section,

continuously observe the H2S levels

indicated by the monitors in the work

areas during the following operations:

* * * * *

(4) Stripping operations. Personnel

shall monitor displaced well-control

fluid returns and wear protectivebreathing equipment in the working

area when the atmospheric

concentration of the H2S reaches 20

ppm or if the well is under pressure.

* * * * *

(13) Water disposal. For produced

water disposed of by means other than

subsurface injection, the lessee shall

submit to the District Supervisor an

analysis of the anticipated H2S content

of the water at the final treatment vessel

and at the discharge point. The District

Supervisor may require that the water

be treated for the removal of H2S. The

District Supervisor may require the

submittal of an updated analysis if the
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25185

water disposal rate or the potential H2S

content increases.

* * * * *

14. In § 250.175, Flaring and venting

of gas, add new paragraph (d) as

follows:

§ 250.175 Flaring and venting of gas.

* * * * *

(d) Requirements for flaring and

venting of gas containing H2S—(1)

Flaring of gas containing H2S. (i) The

Regional Supervisor may, for safety and

air pollution prevention purposes,

further restrict the flaring of gas

containing H2S. Information provided in

the lessee’s H2S Contingency Plan

(§ 250.67(h)(1)(xi)), Exploration Plan, or

Development and Production Plan, and

associated documents will be used in

determining the need for such

restrictions.

(ii) If the Regional Supervisor

determines that flaring at a facility or

group of facilities may significantly

affect the air quality of an onshore area,

the Regional Supervisor may require the

operator(s) to conduct an air quality

modeling analysis to determine the

potential effect of facility emissions on

onshore ambient concentrations of SO2.

The Regional Supervisor may require

monitoring and reporting or may restrict

or prohibit flaring pursuant to §§ 250.45

and 250.46.

(2) Venting of gas containing H2S. The

lessee shall not vent gas containing H2S

except for minor releases during

maintenance and repair activities that

do not result in a 15-minute TWA

atmospheric concentration of H2S of 20

ppm or higher anywhere on the

platform.

(3) Reporting of flared gas containing

H2S. In addition to the recordkeeping

requirements of paragraphs (c) and (d)

of this section, the operator shall submit

to the Regional Supervisor a monthly

report of flared and vented gas

containing H2S. The report shall contain

the following information:

(i) On a daily basis, the volume and

duration of each flaring episode.

(ii) H2S concentration in the flared

gas.

(iii) Calculated amount of SO2

emitted.

[FR Doc. 95–11538 Filed 5–10–95; 8:45 am]

BILLING CODE 4310–MR–M

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 946

Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of reopening of

public comment period and opportunity

for public hearing.

SUMMARY: OSM is reopening a public

comment period until May 26, 1995,

and is requesting public comment that

would be considered in deciding how to

implement in Virginia underground coal

mine subsidence control and water

replacement provisions of the Surface

Mining Control and Reclamation Act of

1977 (SMCRA), the implementing

Federal regulations, and/or the

counterpart State provisions. Recent

amendments to SMCRA and the

implementing Federal regulations

require that underground coal mining

operations conducted after October 24,

1992, promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied dwellings and related

structures. These provisions also require

such operations to promptly replace

drinking, domestic, and residential

water supplies that have been adversely

affected by underground coal mining.

OSM must decide if the Virginia

regulatory program (hereinafter referred

to as the ‘‘Virginia program’’) currently

has adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with

Virginia and consideration of public

comments, OSM will decide whether

initial enforcement in Virginia will be

accomplished through the State program

amendment process or by State

enforcement, by interim direct OSM

enforcement, or by joint State and OSM

enforcement.

DATES: Written comments must be

received by 4:00 p.m., E.D.T. on May 26,

1995. If requested, OSM will hold a

public hearing on May 22, 1995,

concerning how the underground coal

mine subsidence control and water

replacement provisions of SMCRA and

the implementing Federal regulations,

or the counterpart State provisions,

should be implemented in Virginia.

Requests to speak at the hearing must be

received by 4:00 p.m., E.D.T. on May 18,

1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Robert

A. Penn, Director, Big Stone Gap Field

Office at the address listed below.

Copies of the applicable parts of the

Virginia program, SMCRA, the

implementing Federal regulations,

information provided by Virginia

concerning its authority to implement

State counterparts to SMCRA and the

implementing Federal regulations, a

listing of any scheduled public hearings,

and all written comments received in

response to this document will be

available for public review at the

address listed below during normal

business hours, Monday through Friday,

excluding holidays: Robert A. Penn,

Director, Big Stone Gap Field Office,

Office of Surface Mining Reclamation

and Enforcement, P.O. Drawer 1217, Big

Stone Gap, Virginia 24219, Telephone:

(703) 523–4303.

FOR FURTHER INFORMATION CONTACT:

Robert A. Penn, Director, Big Stone Gap

Field Office, Telephone: (703) 523–

4303.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Energy Policy Act

Section 2504 of the Energy Policy Act

of 1992, Pub. L. 102–486, 106 Stat. 2776

(1992) added new section 720 to

SMCRA. Section 720(a)(1) requires that

all underground coal mining operations

promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied residential dwellings and

related structures. Repair of damage

includes rehabilitation, restoration, or

replacement of the structures identified

in section 720(a)(1), and compensation

must be provided to the owner in the

full amount of the reduction in value of

the damaged structures as a result of

subsidence. Section 720(a)(2) requires

prompt replacement of certain

identified water supplies if those

supplies have been adversely affected

by underground coal mining operations.

These provisions requiring prompt

repair or compensation for damage to

structures, and prompt replacement of

water supplies, went into effect upon

passage of the Energy Policy Act on

October 24, 1992. As a result,

underground coal mine permittees in

States with OSM-approved regulatory

programs are required to comply with

these provisions for operations

conducted after October 24, 1992.

B. The Federal Regulations

Implementing the Energy Policy Act

On March 31, 1995, OSM

promulgated regulations at 30 CFR Part

817 to implement the performance