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Appendix
Legal Framework for Activities on State Lands
on the North SIope'
iSOURCE: Final Best Interest Finding, Beaufort Sea Areawide, Appendix B.
234
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APPENDIX I
Appendix B: Laws and Regulations Pertaining to Oil and Gas Exploration, Development, Production, and Transportation
Appendix B: Laws and Regulations Pertaining to
Oil and Gas Exploration,
Development, Production, and
Transportation
Alaska Statutes and Administrative Code Sections
ADNR
AS 38.05.027 Management of legislatively designated state game refuges and critical
habitat areas is the co-responsibility of ADF&G (AS 16.20.050-060) and
ADNR. Lessees are required to obtain permits from both ADNR and
ADF&G.
AS 38.35.010-260 Right-of-way leasing for pipeline transportation of crude oil and natural
gas is under the control of the commissioner of ADNR. The
commissioner shall not delegate the authority to execute the leases.
AS 38.05.127 Provides for reservation of easements to ensure free access to navigable
or public water.
11 AAC 53.330 Implementing regulations for the reserving of easements to ensure free
access to navigable or public water.
11 AAC 83.158(a) A plan of operations must be approved by the commissioner, ADNR, if
(1) state owns all or a part of the surface estate, (2) lease reserves a net
profit share to the state, (3) state owns all or part of the mineral estate,
but the surface estate is owned by a party other than the state, and the
surface owner requests such a plan.
11 AAC 96.010 Operations requiring permits, including the use of explosives and
explosive devices, except firearms.
11 AAC 96.140 Land use activities are subject to general stipulations that will minimize
surface damage or disturbance of drainage systems, vegetation, or fish
and wildlife resources.
ADNR/DO&G
AS 38.05.035(a)~9~(C) Requires geological and geophysical data to be kept confidential upon
request of supplier.
AS 38.05.130 Allows the director, DO&G, to approve oil and gas exploration and
development activities in the case where the surface estate is not held by
the state or is otherwise subject to third party interests, provided the
director determines that adequate compensation has been made to the
surface estate holder for any damages which may be caused by lease
activities.
AS 38.05.180 Establishes an oil and gas leasing program to provide for orderly
exploration and development of petroleum resources belonging to the
state of Alaska.
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APPENDIX I
Appendix B: Laws and Regulations Pertaining to Oil and Gas Exploration, Development, Production, and Transportation
11 AAC 96.010-150 Geophysical Exploration Permit provides controls over activities on state
lands in order to minimize adverse activities
ADNR/DL
AS 38.05.075 Establishes leasing procedures under public auction, including tide and
submerged lands, bidding qualifications, and competitive or
non-competitive bidding methods.
AS 38.05.850 Authorizes the director to issue permits, rights-of-way or easements on
state land for recovery of minerals from adjacent land under valid lease.
11 AAC 80.005-055 Pipeline Right-of-way Leasing Regulations.
11 AAC 93.040-130 Requires a Water Rights Permit for the appropriation of state waters for
beneficial uses.
11 AAC 96.010-140 Land use permit activities not permitted by a multiple land use permit or
lease operations approval.
ADNR/ DMWM
11 AAC 93.210-220 Provides for temporary water use permits and procedures for application.
ADNR/DF
AS 41.17.082
Alaska Forest Resources Practices Act. Requires that all forest clearing
operations and silvicultural systems be designed to reduce the likelihood
of increased insect infestation and disease infections that threaten forest
resources.
11 AAC 95.195 Describes the approved methods of disposal or treatment of downed
spruce trees to minimize the spread of bark beetles and reduce the risk of
wildfire.
11 AAC 95.220 Requires the lessee to file a detailed plan of operations with the state
forester.
ADF&G
AS 16.05.840
AS 16.05.870
AS 16.20
A permit is required from ADF&G prior to obstruction of fish passage.
Provides for the protection of anadromous fish and game in connection
with construction or work in the beds of specified water bodies, and calls
for approval of plans by the commissioner, ADF&G, for any diversion,
obstruction, change, or pollution of these water bodies.
Management of legislatively designated game refuges and critical habitat
areas.
AS 16.20.060 The commissioner, ADF&G, may require submission of plans for the
anticipated use, construction work, and proper protection of fish and
game. Written approval must be obtained.
AS 16.20.180-210 Requires measures for the continued conservation, protection, restoration,
and propagation of endangered fish and wildlife.
5 AAC 95.010-990 Fish and Game Habitat Authority.
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APPENDIX I
237
Appendix B: Laws and Regulations Pertaining to Oil and Gas Exploration, Development, Production, and Transportation
5 AAC 95.420-430 Requires a Special Area Permit for certain activities within a special area,
defined as a state game refuge, a state game sanctuary, or a state fish and
game critical habitat area.
AOGCC
AS 31.05.005 Establishes and empowers the Alaska Oil and Gas Conservation
Commission.
AS 31.05.030(d)~9) Requires an oil and gas operator to file and obtain approval of a plan of
development and operation.
AS 46.03.900~35) Definition of waters.
AS 46.03.100 Accumulation, storage, transportation and disposal of solid or liquid
waste standards and limitations.
20 AAC 25.005-570 Requires a permit to drill to help maintain regulatory control over the
drilling and completion activities in the state.
20 AAC 25.140 Requires a Water Well Authorization to allow abandoned oil and gas
wells to be converted to freshwater wells and to assure there is no
contamination of the fresh water source.
ADEC
AS 46.03 Provides for environmental conservation including water and air
pollution control, radiation and hazardous waste protection.
AS 46.03.100 Requires solid waste disposal permits.
AS 46.03.759 Establishes the maximum liability for discharge of crude oil at $500
million.
AS 46.03.900~35) Definition of waters.
AS 46.04.010-900 Oil and Hazardous Substance Pollution Control Act. This act prohibits
the discharge of oil or any other hazardous substances unless specifically
authorized by permit; requires those responsible for spills to undertake
cleanup operations; and holds violators liable for unlimited cleanup costs
and damages as well as civil and criminal penalties.
AS 46.04.030 Requires lessees to provide oil discharge prevention and contingency
plans (C-plans). Also, provides regulation of above-ground storage
facilities with over 5,000 bbl of crude oil or 10,000 bbl of non-crude oil.
AS 46.04.050 Exemption for above-ground storage facilities for under 5,000 bbl of
crude oil or 10,000 of non-crude oil.
18 AAC 15 Requires a Certificate of Reasonable Assurance (Water Quality
Certification) in order to protect the waters of the state from becoming
polluted. Assures that the issuance of a Federal Permit will not conflict
with Alaska's Water Quality Standards.
18 AAC 50 Provides for air quality control including permit requirements, permit
review criteria, and regulation compliance criteria.
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238
Appendix B: Laws and Regulations Pertaining to Oil and Gas Exploration, Development, Production, and Transportation
18 AAC 50.300 Sets up standards for air quality at certain facilities including oil and gas
facilities at the time of construction, operation, or modification.
18 AAC 60.220 Requires proof of financial responsibility before a permit for operation of
a hazardous waste disposal facility may be issued.
18 AAC 60.220-240 Requires a Solid Waste Disposal Permit to control or eliminate
detrimental health, environmental, and nuisance effects of improper solid
waste disposal practices and to operate a solid waste disposal facility.
18 AAC 60.520 General requirement for containment structures used for disposal of
drilling wastes.
18 AAC 72 Requires a Wastewater Disposal Permit in order to prevent water
pollution (and public health problems) due to unsafe wastewater disposal
systems and practices.
18 AAC 75 Provides for oil and hazardous substance pollution control including oil
discharge contingency plan (18 AAC 75.305-.395~.
18 AAC 75.005-025 Requirements for oil storage facilities for oil pollution prevention.
18 AAC 75.065-075 Requirements for oil storage tanks and surge tanks.
18 AAC 75.080 Facility piping requirements for oil terminal, crude oil transmission
pipeline, exploration, and production facilities.
DGC
AS 44.19.155 Establishes and empowers the Alaska Coastal Policy Council.
AS 46.40 Establishes the Alaska Coastal Management Program.
6 AAC 50 Requires the sale to be consistent with the ACMP, including approved
district programs.
6 AAC 80.070(b)~3) Requires that facilities be consolidated to the extent feasible and prudent.
6 AAC 80.070(b)~10) ~
Requires that facilities be sited to the extent feasible and prudent where
development will necessitate minimal site clearing, dredging, and
construction.
6 AAC 80.070(b)~11) Requires that facilities be sited to the extent feasible and prudent to allow
and~l2) for the free passage and movement of fish and wildlife.
6 AAC 80.130(c)~3) Requires that wetlands and tideflats be managed to assure adequate water
flow, avoid adverse effects on natural drainage patterns, and the
destruction of important habitat.
6 AAC 85 Establishes guidelines for district coastal management programs.
AS 26.23.195 Establishes the State Emergency Response Commission.
AS 39.50.20 Establishes Hazardous Substance Spill Technology Review Council
within State Emergency Response Commission for research, testing spill
technologies, and to serve as a clearinghouse for containment and
cleanup technology.
Final Best Interest Finding, Beaufort Sea Areawide
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APPENDIX ~
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APPENDIX I
Appendix B: Laws and Regulations Pertaining to Oil and Gas Exploration, Development, Production, and Transportation
AS 24.20.600
NSB
Citizens Oversight Council established a five-member council to serve as
watchdog of state and federal agencies having responsibility for
prevention of and response to oil spills, to help ensure compliance with
environmental laws and regulations
19.06 - 19.70.060 North Slope Borough land management regulations, planning, and
permitting powers.
Federal Laws and Regulations
Clean Water Act (CWA) - 33 U.S.C. §§ 1251-1387
§ 1343 - Corps permit required to excavate, fill, alter, or modify the course or condition of navigable or U. S.
waters.
§ 1344 - Discharge of Dredge and Fill
Oil Spill and Hazardous Substances Pollution Contingency Plan - 40 C.F.R. § 300
EPA Regulations - 40 C.F.R.
§ 109 - Criteria for Oil Removal Contingency Plans
§ 110 - Discharge of Oil
§ 112 - Oil Pollution Prevention. 112.7 - Guidelines for implementation of SPCC plan
§ 113 - Liability Limits for Small Onshore Oil Storage Facilities
§ 114 - Civil Penalties for Violation of Oil Pollution Regulations
§ 116 - Designation of Hazardous Substances
§ 117 - Determination of Reportable Quantities for Hazardous Substances
Coast Guard Regulations - 33 C.F.R.§§ 153-157 Oil Spill Regulation
§ 153 - Reporting Oil Spills to Coast Guard
§§ 155-156 - Vessels in Oil Transfer Operations
Water Quality:
EPA Regulations - 40 C.F.R.
§ 121 - State Certification of Activities Requiring a Federal Permit
§ 136 - Test Procedures for Analysis of Pollutants
NPDES Permit System:
EPA Regulations - 40 C.F.R.
§ 122 - NPDES Permit Regulations
§ 125 - Criteria and Standards for NPDES Permits
§ 129 - Toxic Pollutant Effluent Standards
§ 401 - General Provisions for Effluent Guidelines and Standards
§ 435.10-435.12 - Offshore Oil & Gas Extraction Point Source Category
Ocean Dumping:
EPA Regulations - 40 C.F.R.
§§ 220-225, 227-228 - Ocean Dumping Regulations and Criteria
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APPENDIX I
Appendix B: Laws and Regulations Pertaining to Oil and Gas Exploration, Development, Production, and Transportation
EPA Regulations - 40 C.F.R.
§ 230 - Discharge of Dredged or Fill Material into Navigable Waters
§ 231 - Disposal Site Determination
Army Corps of Engineers (Corps) Regulations - 33 C.F.R.
§ 209 - Navigable Waters
§§ 320-330 - Permit Program Regulations
§ 323 - Discharge of Dredge and Fill
The Fish and Wildlife Coordination Act - 16 U.S.C. §§ 661-666(c)
Allows comment on § 404 permit applications by USF&WS, NMFS, and EPA.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. §§
9601-9675
EPA Plans - 40 C.F.R.
§ 300 - National Oil and Hazardous Substances Pollution Contingency Plan
Safe Drinking Water Act - 42 U.S.C. § 300
EPA Regulations - 40 C.F.R.
§ 144 - Permit Regulations for the Underground Injection Control Program
§ 146 - Criteria and Standards for Underground Injection Control Program
§ 147 - State Underground Injection Control Program
Coastal Zone Management Act (CZMA) - 16 U.S.C. §§ 1451-1464
NOAA Regulations - 15 C.F.R.
§ 930 - Federal Consistency with Approved Coastal Management Programs
§ 931 - Coastal Energy Impact Program
Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act (RCRA) - 42 U.S.C. §§
6901-6991
Clean Air Act (CAA) - 42 U.S.C. §§ 7401-7642
Toxic Substances Control Act - 15 U.S.C. §§ 2601-2655
National Ocean Pollution Planning Act - 33 U.S.C. §§ 1701-1709
National Environmental Policy Act (NEPA) - 42 U.S.C. §§ 4321-4347
Council on Environmental Quality (CEQ) Regulations - 40 C.F.R.
§§ 1500-1508 - Implementing NEPA Procedures
Endangered Species Act (ESA) - 16 U.S.C. §§ 1531-1543
Final Best Interest Finding, Beaufort Sea Areawide
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APPENDIX I
241
Appendix B: Laws and Regulations Pertaining to Oil and Gas Exploration, Development, Production, and Transportation
USF&WS Regulations - 50 C.F.R.
§ 17 - Endangered & Threatened Species
§ 402 - Interagency Cooperation
Fish and Wildlife Coordination Act - 16 U.S.C. §§ 661-666(c)
Marine Protection, Research and Sanctuaries Act - 33 U.S.C. §§ 1401-1445
Marine Mammal Protection Act - 16 U.S.C. §§ 1361-1407
Migratory Bird Treaty Act - 16 U.S.C. §§ 703-711
National Historic Preservation Act - 16 U.S.C. § 470
Leases and Permits on Restricted Properties - 25 C.F.R. § 162
Final Best Interest Finding, Beaufort Sea Areawide
B-7
Representative terms from entire chapter:
beaufort sea
