Government Tries to Clarify Offshore Drilling Rules

Government Tries to Clarify Offshore Drilling Rules

Tuesday, March 29, 2011
Houston Chronicle

by  Jennifer A. Dlouhy

 

The federal government on Monday issued a five-page memo meant to clarify rules for offshore drilling, in response to oil and gas industry complaints that new mandates imposed since last year's Gulf spill are muddled.

The federal Bureau of Ocean Energy Management, Regulation and Enforcement also said it would reopen a public comment period to help guide the agency's possible rewrite of a drilling safety rule put in place last October.

"Our goal remains the same as it has been from day one: to ensure that offshore operations are conducted as safely as possible," said Michael Bromwich, the bureau's director. "This guidance document gives deep-water drilling operators additional information to help address some of the recurring issues that have been raised in our ongoing discussions with industry."

The document covers several areas but focuses on a major source of industry complaints: confusion about the wording of the October offshore drilling safety rule. That measure adopted two sets of recommended practices for emergency equipment and well design that had been developed by the American Petroleum Institute.

The problem was that instead of rewriting those mandates in their own words, government regulators simply referenced API documents and specified that any time the API recommended practices said "should" it now meant "must" under the interim drilling safety rule.

Industry representatives complained that the changes affected more than 14,000 discretionary provisions in 80 different standards, and in some cases, those new requirements were conflicting.

For instance, API's recommended well construction practices sometimes offer operators an array of options that might make sense, but the language of the rule seemed to make all of those options mandatory.

"There are areas where it says you should do this or you should do that," said Al Reese Jr., the chief operating officer of Houston-based ATP Oil & Gas. "But I can't turn left and turn right at the same time."

His company navigated the process and received a permit to resume a deep-water pro-ject in the Gulf of Mexico.

A positive step

The new guidance document clarifies that operators are allowed to select "any of the appropriate options," without getting special permission from the bureau.

It also suggests that oil and gas companies maintain documentation demonstrating they evaluated the recommended practices, even when the government's rule doesn't make them mandatory.

Erik Milito, the upstream director at the American Petroleum Institute, called the announcement a positive step.

"Ensuring a clear, consistent and efficient process for offshore regulatory requirements and for approvals of permits is a crucial component to steadily increasing offshore production," he said.

'Departure documents'

With Monday's memo, the ocean energy bureau also formalized a process it has used in approving six deep-water drilling projects in the Gulf of Mexico -- "departure documents" that specify how individual operators are not strictly following the API recommended practices incorporated in the drilling safety rule.

The ocean energy bureau said that whenever oil companies intend to deviate from the recommended practices incorporated in the rule, they must get approval to use alternate procedures or equipment.

The bureau said that it is evaluating potential revisions to the drilling safety rule "in light of comments received from the public and other considerations."

The government said that it will reopen the public comment period, probably within a month, giving people another chance to tell the bureau what works and what doesn't.

Any rewrite of the rule would take months, or longer.