SEMS FAQS

The OCS is all submerged lands lying seaward of state coastal waters which are under U.S. jurisdiction.

As of April 2019, there are approximately 1,862 platforms in the Gulf of Mexico.

Bureau of Safety and Environmental Enforcement (BSEE) is an agency in the Department of Interior that enforces safety and environmental regulations for offshore energy development.

A reefing area, or reef planning area, is a designated area within which artificial reefs can be located once the appropriate permits have been obtained and the platforms have been appropriately prepared.

BSEE operates a newly established National Offshore Training Program whose initial focus is keeping experienced inspectors current on new technologies and processes, and ensuring that new inspectors are given the proper foundation for carrying out their duties rigorously and effectively.

Copies of approved drilling permits can be viewed by accessing the public eWell query Application for Permit to Drill (APD, AST, ABP).

As of January 1, 2017, 515 platforms have been converted to permanent artificial reefs in the Gulf of Mexico.

This includes:

• Louisiana – 350
• Texas – 145
• Mississippi – 12
• Alabama – 5
• Florida – 3

Archaeological resource means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest. Archaeological interest means capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, collection, analysis, interpretation, and explanation.

Since 1986, the Department of the Interior has approved over 550 Rigs-to-Reefs proposals and has denied six. The reasons for denying a reefing proposal were mainly due to proximity to OCS infrastructure, especially active oil or gas pipelines. Additionally, BSEE has denied reefing proposals where the proposed reef site was located in a potential mudslide area and where the proposed site was located outside of a reef planning area.

The Outer Continental Shelf Lands Act assigns the Secretary of the Interior the responsibility for the administration of mineral exploration and development of the OCS. The Act empowers the Secretary to grant leases to the highest qualified responsible bidder on the basis of sealed competitive bids and to formulate regulations as necessary to carry out the provisions of the Act. The Act, as amended, provides guidelines for implementing an OCS oil and gas exploration and development program.

In general, under OCSLA and DOI’s implementing regulations, non-producing platforms must be removed because they can create serious safety, environmental, and navigational risks. Abandoned platforms may deteriorate, making them more susceptible to structural failure, or can be toppled by hurricanes, potentially damaging neighboring active infrastructure. Under certain circumstances, a platform may remain in place for the creation of an artificial reef; this is known as reefing-in-place, which differs from abandonment of the platform.

Rigs-to-Reefs is a process, managed by Federal and State agencies, by which operators choose to donate – rather than scrap – decommissioned oil and gas platforms to coastal States to serve as artificial reefs under the National Artificial Reef Plan. Decommissioned structures are typically toppled in place, partially removed near the surface, or towed to existing reef sites or reef planning areas.

Yes, implementation of the Rigs-to-Reefs policy provides benefits for the marine environment when a platform used as an artificial reef has been prepared appropriately and has been placed in a designated artificial reef site. Platforms as artificial reefs can benefit the environment by enhancing fish habitat, for the sponsoring State and community by enhancing recreational opportunities, tourism, and commercial fishing, and for structure owners through cost savings and beneficial reuse of platforms that otherwise would become scrap metal and material.

Included in the 2009 addendum to the DOI’s Rigs-to-Reefs policy was a distance standard of five miles between reef sites. This distance standard is sometimes referred to as the “5-mile rule”. The “5-mile rule” states that new reef sites will not be established within 5 miles of existing reef locations. This standard allows room for future OCS exploration and development activities between reefs and ensures that potential routes remain for future pipelines.

By definition, EFH must be necessary to fish for spawning, breeding, feeding, or growth to maturity. Essential fish habitats are those necessary to maintain a sustainable fishery and the managed species’ contribution to a healthy ecosystem. In order for NOAA to approve a Council’s proposal to designate oil and gas structures as EFH, a Council would need to demonstrate a linkage between the habitat functions and one or more major life history stages of one or more species managed under the MSA. Currently, there are no oil and gas structures in any U.S. waters designated as EFH.

BSEE is involved in the approval of oil and gas plans, facilities, and operations. The process includes reviews where there is much emphasis on design, operations, and maintenance. While BSEE monitors compliance with the regulations throughout the permitting process and operations, nothing compares to having BSEE personnel in the field to ensure operators are complying with the regulations.

Regulations cover all pollution that occurs as a result of the operations conducted by, or on behalf of, a lessee that damages or threatens to damage life, property, mineral deposits, or the marine, coastal, and/or human environments. Water pollutants include produced oil, sand, drilling fluids and cuttings, manufactured or processed hydrocarbons, chemicals, and wastewater. Rainwater, fresh water, or sea water mixed with any of these constituents is considered a pollutant. Some cooling water intake structures are also regulated under NPDES permits to minimize environmental damage.

Immediate cessation/control of the release or discharge and immediate corrective action is required, which may entail anything from a single process or unit of operation to a total shut-in of a facility. Only after the problem which caused the release or discharge is corrected may operations resume. The lessee must control and remove the pollutant at their own expense, or if necessary, it may be done for them at their expense. The lessee retains any responsibility for the release or discharge.

Generally, non-planned releases or discharges on the OCS are reported to the National Response Center (NRC). Reporting should be done by the responsible party or may also be reported by anyone who notices evidence of a release or discharge, such as a sheen. In fact, all lessees and operators are required to report any evidence of a sheen or unauthorized release or discharge. Many unauthorized releases or discharges are simultaneously reported to EPA.

There are three methods for converting a non-producing platform into an artificial reef: (1) partially remove the platform; (2) topple the platform in place; and (3) tow-and-place the platform into a reefing area. Note that partial removal and toppling in place are methods of “reefing in place.”

The decks of most platforms that are destined for artificial reefs are severed below the water line and the remaining support structure is comprised of structural steel. Therefore, no preparation or cleaning of the remaining superstructure is needed to ensure environmental protection. On rare occasions where decks also are proposed for reefing, the operator must demonstrate that the deck is clean and clear of all contamination and that the material is consistent with the U.S. Environmental Protection Agency and U. S. Environmental Protection Agency and U. S. Maritime Administration’s National Guidance.

The Department of the Interior’s BSEE reviews each Rigs-to-Reefs proposal to ensure that:

• Reef material (i.e., platform jackets or the substructures of fixed platforms) will be stable and not endanger nearby infrastructure or protected resources.
• Rigs-to-Reefs sites are free from all potentially hazardous or nonstructural material, and that all submerged decks and their components and equipment have been or will be removed from the seafloor.
• Rigs-to-Reefs sites do not hinder future operations allowable under the OCSLA.
• Rigs-to-Reefs sites do not lead to avoidable conflicts with other users of the OCS. Additionally, for a platform to be approved as an artificial reef, it must be sited within an approved State reefing area or reef planning area.

As of September 2012, at least 359 of the 2,996 platforms in the Gulf of Mexico are expected to be decommissioned before the end of 2013. This approximation is based on the number of existing platforms on expired leases.

The term “essential fish habitat” or EFH is defined under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and refers to waters and substrate necessary for fish to spawn, breed, feed or grow to maturity. Essential fish habitats are those necessary to maintain fish production consistent with a sustainable fishery and the managed species’ contribution to a healthy ecosystem.

The recreational fishing and diving communities asked the Gulf of Mexico Fishery Management Council to consider designating oil and gas platforms as EFH. These communities value the structures for the recreational fishing and diving opportunities the structures provide that would be lost if the structures are removed from the water.

As of September 2012, the States of Louisiana, Texas, Mississippi, and California have passed specific legislation to establish programs for building artificial reefs from oil and gas platforms.

States have taken a leadership role in the development of artificial reef programs. Both the Gulf States Marine Fisheries Commission (TX, LA, MS, AL, and FL) and the Atlantic States Marine Fisheries Commission (ME, NH, MA, RI, CT, NY, NJ, PA, DE, MD, VA, NC, SC, GA, and FL) have artificial reef subcommittees. These Commissions and their subcommittees play a coordinating role for State efforts to develop and implement artificial reef programs.

Proper development and implementation of an artificial reef program requires an understanding of the applicable legal, ecological, social, and economic aspects of developing and maintaining artificial reefs. Thus, each State program’s methods to establish reef planning areas tend to differ. In general, most reef planning areas are established through some form of exclusion mapping and inclusion mapping followed by public hearings.

The Department of the Interior’s Rigs-to-Reefs policy encourages the reuse of obsolete oil and gas facilities as artificial reefs and describes the conditions under which DOI would waive OCSLA platform removal requirements. The decision to pursue donation of a decommissioned platform to a coastal State under the Rigs-to-Reefs process is optional and completely at the discretion of the lessee. The Department’s Rigs-to-Reefs policy is implemented by BSEE and BOEM, which administer different provisions of the OSCLA.

The Gulf of Mexico OCS currently has 11 designated reefing areas.

If a Council designates and NOAA approves the designation of an oil and gas structure (or other artificial structures) as EFH, NOAA and the Council are required to consider actions to minimize the adverse impacts of fishing activities on such EFH. Additionally, a Federal agency would be required to consult with NOAA if that Federal agency proposes to authorize, fund, or undertake an activity that may adversely affect the designated EFH.

Yes, the individual designated as being in charge of a facility may authorize someone else to sign a JSA on their behalf. The individual designated as being in charge would be accountable for the signature applied on their behalf, and would remain responsible for approving the JSA to ensure that it complies with the regulations.

In October 2010, BSEE published Notice to Lessee (NTL) 2010-G05, “Decommissioning Guidance for Wells and Platforms” (sometimes referred to as the “Idle Iron” policy) to clarify existing regulations that apply when a well or platform is “no longer useful for operations,” and needs to be plugged (in the case of a well) or removed (in the case of platforms and other structures). NTL 2010-G05 clarifies that BSEE orders wells that were not useful (had not produced for five years) at the time the NTL was published to be plugged by October 2013.

Notices to Lessees and Operators (NTLs) are formal documents that provide clarification, description, or interpretation of a regulation or OCS standard; provide guidelines on the implementation of a special lease stipulation or regional requirement; provide a better understanding of the scope and meaning of a regulation by explaining BSEE interpretation of a requirement; or transmit administrative information such as current telephone listings and a change in BSEE personnel or office address.

The National Artificial Reef Plan provides guidance on various aspects of artificial reef use, including types of construction materials, and planning, siting, designing, and managing of artificial reefs for the benefit of aquatic life.

The National Offshore Training Program provides comprehensive, multi-tiered, professional development opportunities for BSEE inspectors and engineers. Its focus is to enhance the capabilities of these BSEE professionals to enforce safety and environmental regulations.

When a company signs a lease for any offshore oil or gas exploration or production, that initial agreement includes the decommissioning of the well, that is, safely plugging the hole in the earth’s crust, and disposing of the apparatus used to support the production.

Clean Water Act and Regulations

In accordance with activities set forth under 250.1700 Title 30 Code of Federal Regulations, the Bureau of Safety and Environmental Enforcement (BSEE) requires operators to decommission facilities when they are no longer useful for operations.

The SEMS is a nontraditional, performance-focused tool for integrating and managing offshore operations. The purpose of SEMS is to enhance the safety of operations by reducing the frequency and severity of accidents. At CICS we offer 3rd Party Audit of SEMS Program.

The U.S. Department of the Interior (DOI) has broad authority under the Outer Continental Shelf Lands Act to protect natural resources of the OCS. With the reorganization of the Department of the Interior’s Mineral Management Service, the role of DOI in Rigs-to-Reefs was split.

The Houston Engineering Technology Center provides BSEE’s headquarters, region and district offices with consulting expertise, value-added solutions, and the comprehensive review of new, unused, innovative and unusual technologies. The staff’s work informs and provides expert assessments to the Bureau’s Regions and Districts. This is used in reviewing and approving new technology permits. All of this work is focused toward ensuring that oil and gas operations are performed in a safe and environmentally responsible manner.