[Federal Register Volume 60, Number 33 (Friday, February 17, 1995)]
[Proposed Rules]
[Pages 9312-9313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3986]



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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010-AB96


Flaring or Venting Gas and Burning Liquid Hydrocarbons

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend regulations governing the 
restrictions on flaring or venting gas to include restrictions on 
burning liquid hydrocarbons. The MMS is proposing to amend these 
regulations because of the increased interest in burning liquid 
hydrocarbons and to clarify the restrictions on burning this natural 
resource. The amendment would conserve liquid hydrocarbons and protect 
the environment from the possible effects of burning liquid 
hydrocarbons.

DATES: Comments on this proposed rule must be postmarked or received on 
or before April 18, 1995 to be considered for this rulemaking.

ADDRESSES: Mail or hand-carry comments 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:
Sharon Buffington, Engineering and Standards Branch, telephone (703) 
787-1600.

SUPPLEMENTARY INFORMATION: Requests for burning liquid hydrocarbons 
(crude oil and condensate) have become more frequent in the Outer 
Continental Shelf. In the interest of conserving natural resources, and 
because of the environmental concerns associated with this burning, MMS 
proposes to amend the regulations at 30 CFR 250.175, which currently 
include restrictions on flaring and venting of gas, to include 
restrictions on burning liquid hydrocarbons.
    Under proposed new paragraph (c) of 30 CFR 250.175, lessees will 
not be permitted to burn liquid hydrocarbons without the prior approval 
of the Regional Supervisor. To obtain approval, the lessee must 
demonstrate that the amounts to be burned would be minimal or that the 
alternatives, such as transporting the liquids or storing and re-
injecting the liquids, are infeasible or pose a significant risk to 
offshore personnel or the environment. The term ``lessee'' also 
includes their agents and designees.

Authors

    Sharon Buffington and Jo Ann Lauterbach, Engineering and Technology 
Division, MMS, prepared this document.

Executive Order (E.O.) 12866

    The Department of the Interior (DOI) reviewed this proposed rule 
under E.O 12866 and determined that it is not a significant rule.

Regulatory Flexibility Act

    The DOI determined that this proposed rule will not have a 
significant effect on a substantial number of small entities. In 
general, the entities that engage in offshore activities are not 
considered small due to the technical and financial resources and 
experience necessary to safety conduct such activities.

Paperwork Reduction Act

    The proposed information collection requirements contained in 
Sec. 250.175 were submitted to the Office of Management and Budget 
(OMB) for approval as required by the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.).
    The DOI will not require the collection on this information until 
OMB has approved its collection.
    The MMS estimates the public reporting burden for this information 
to average 1.5 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. Send comments regarding this burden estimate or 
any other aspects 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 (1010-0041), 
Washington, DC 20503.

Takings Implication Assessment

    The DOI determined that this proposed rule does not represent a 
governmental action capable of interference with constitutionally 
protected property rights. Thus, a Takings Implication Assessment does 
not need to be prepared pursuant to E.O. 12630, Government Action and 
Interference with Constitutionally Protected Property Rights.
E.O. 12778

    The DOI 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 determined that this action does not constitute a major 
Federal action significantly affecting the quality of the human 
environment; therefore, 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, Pubic lands--mineral resources, Public lands--rights-of-way, 
Reporting and recordkeeping requirements, Sulphur development and 
production, Sulphur exploration, Surety bonds.

    Dated: December 23, 1994.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons set forth above, MMS proposes to amend 30 CFR part 
250 to read 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. Section 250.175 is revised to read as follows:


Sec. 250.175  Flaring or venting gas and burning liquid hydrocarbons.

    (a) Lessees must not flare or vent oil-well gas or gas-well gas 
without the prior approval of the Regional Supervisor except in the 
following situations:
    (1) When gas vapors are flared or vented in small volumes from 
storage vessels or other low-pressure production vessels and cannot be 
economically recovered.
    (2) During temporary situations such as a compressor or other 
equipment [[Page 9313]] failure or the relief of system pressures. The 
following conditions apply:
    (i) Lessees must not flare or vent oil-well gas for more than 48 
continuous hours without the approval of the Regional Supervisor. The 
Regional Supervisor may specify a limit of less than 48 hours when 
necessary to prevent air quality degradation. Flaring or venting gas 
from a facility must not continue for more than 144 cumulative hours 
during any calendar month without the approval of the Regional 
Supervisor.
    (ii) Lessees must not flare or vent gas-well gas beyond the time 
required to eliminate a temporary emergency without the approval of the 
Regional Supervisor.
    (3) During the unloading or cleaning of a well, drill-stem testing, 
production-testing, or other well-evaluation testing for periods not to 
exceed 48 cumulative hours per testing operation on a single 
completion. The Regional Supervisor may specify a shorter period of 
time, under prior notice, to prevent air quality degradation.
    (b) Lessees may flare or vent oil-well gas for a period not to 
exceed 1 year when the Regional Supervisor approves the request for one 
of the following reasons:
    (1) The lessee initiated an action which, when completed, will 
eliminate flaring and venting; or
    (2) The lessee submitted an evaluation supported by engineering, 
geologic, and economic data indicating that the oil and gas produced 
from the well(s) will not economically support the facilities necessary 
to save and/or sell the gas, or that sufficient quantities of gas are 
not available for marketing.
    (c) Lessees must not burn produced liquid hydrocarbons without the 
prior approval of the Regional Supervisor. To burn produced liquid 
hydrocarbons, the lessee must demonstrate that the amounts to be burned 
would be minimal, or that the alternatives are infeasible or pose a 
significant risk to offshore personnel or the environment. Alternatives 
to burning liquid hydrocarbons include transporting the liquids or 
storing and re-injecting them into a producible zone.
    (d) Lessees must prepare records detailing gas flaring or venting, 
and liquid hydrocarbon burning, for each facility. The records must 
include, at a minimum:
    (1) Daily volumes of gas flared or vented, and liquid hydrocarbons 
burned.
    (2) Number of hours of flaring, venting, or burning on a daily 
basis.
    (3) Reasons for flaring, venting, or burning.
    (4) A list of the wells contributing to flaring, venting, or 
burning, along with the gas-oil ratio data.
    (e) Lessees must keep these records for at least two (2) years. 
Lessees must make the records available for inspection by Minerals 
Management Service (MMS) representatives at the lessees' field office 
that is nearest the Outer Continental Shelf facility, or at other 
locations conveniently available to the Regional Supervisor. Upon 
request by the Regional Supervisor, lessees must provide a copy of the 
records to MMS.

[FR Doc. 95-3986 Filed 2-16-95; 8:45 am]
BILLING CODE 4310-MR-M