Arctic Council Working Group 
Topic: Laws, Regulations, Notices, Rules, and Guidance and Management System Documents
USA
National Legal Regimes
- Arctic Research and Policy Act of 1984 (ARPA)
- Comprehensive Environmental Response, Compensation, and Liability Act (CE RCLA)
- Clean Air Act (CAA)
- Clean Water Act (CWA)
- Coastal Zone Management Act (CZMA)
- Consolidated Appropriations Act, 2012
- Endangered Species Act (ESA)
- Energy Policy Act of 2005
- Executive Order 12114: Environmental Effects Abroad
- Executive Order 12898: Environmental Justice
- Executive Order 13007: Indian Sacred Sites
- Executive Order 13089: Coral Reef Protection
- Executive Order 13175 on Consultation and Coordination with Indian Tribal Governments
- Executive Order 13580: Arctic Interagency Working Group on Resource Permitting
- Fishery Conservation and Management Act (FCMA)
- Magnuson-Stevens Fishery Conservation and Management Act
- Marine Protection, Research, and Sanctuaries Act of 1972
- Marine Mammal Protection Act (MMPA)
- Migratory Bird Treaty Act
- National Environmental Policy Act (NEPA)
- National Historic Preservation Act (NHPA)
- National Ocean Policy (NOP)
- National Strategy for the Arctic Region (NSAR)
- Occupational Safety and Health Act of 1970
- Oil Pollution Act of 1990 (OPA)
- Outer Continental Lands Act (OCSLA)
- Resource Conservation Recovery Act (RCRA)
- Rivers and Harbors Act of 1899
- Submerged Lands Act (SLA) of 1953
- Toxic Substances Control Act (TSCA)
- S. Exclusive Economic Zone (EEZ)
Federal Regulations and Standards
Bureau of Ocean Energy and Management (BOEM)
BOEM's Alaska Region Office is responsible for managing the development of oil, natural gas, renewable energy and mineral resources on Alaska's Outer Continental Shelf in an environmentally and economically responsible way. It manages programs relating to lease management, exploration plans, environmental science, environmental analysis and resource evaluation.
- Regulatory Framework and Guidelines
- Leasing
- Resource Evaluation
- Current and Historical Permits- A list of the currently open G&G permits in the Alaska Region, together with data regarding past permitting activities.
- Resource Assessment Reports- Resource Evaluation prepares reports that describe the geology and petroleum potential of specific areas within the Alaska OCS. These geologic reports form part of the public information base for decision-making with regard to lease offerings. The reports cover a wide range of topics, including regional geology, petroleum geology and environmental geology.
- Data
- Alaska OCS Wells Drilled by Year- This chart shows the number of wells drilled each year (1975-present) in the Alaska OCS Region.
- Alaska OCS Wells by Planning Area- This table breaks down the number of wells drilled in each of Alaska's nine planning areas.
- Detailed Breakdown of Wells by Planning Area
- Beaufort Sea
- Chukchi Sea
- Navarin Basin
- Norton Sound
- George Basin
- Deep Stratigraphic Test Wells(A DST Well is a well that is not intended to explore for or produce oil or gas. It is intended to gain a better understanding of the structure and composition of the sea floor and underlying layers of sediment.)
- Air Quality Jurisdiction
- Office of the Environment
Environmental Studies
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- Environmental Studies Program Information System (ESPIS): BOEM provides information on ongoing and completed environmental studies on the Environmental Studies Program Information System (ESPIS), hosted by MarineCadastre.gov.
Bureau of Safety and Environmental Enforcement (BSEE)
The Alaska Region works to promote safety, protect the environment and conserve resources offshore through vigorous regulatory oversight and enforcement.
- Regulations and Guidelines
- BSEE Federal Regulations Code of Federal Regulations Title 30
- Standards
- Recently Finalized Rules
- The Secretary of the Interior will review four rules and regulations put in place last year that could reduce exploration and development in the OCS. These include:
- Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf https://www.bsee.gov/sites/bsee.gov/files/notices-to-lessees-ntl/notices-to-lessees/10-g05.pdf
- Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control https://www.gpo.gov/fdsys/pkg/FR-2016-04-29/pdf/2016-08921.pdf
- Air Quality Control, Reporting, and Compliance https://www.gpo.gov/fdsys/pkg/FR-2016-04-05/pdf/2016-06310.pdf
- Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf https://www.gpo.gov/fdsys/pkg/FR-2016-07-15/pdf/2016-15699.pdf
- Enforcement Tools
- Inspection Policy Branch
- The Secretary of the Interior will review four rules and regulations put in place last year that could reduce exploration and development in the OCS. These include:
Environmental Protection Agency (EPA)
- Alaska Water Quality Standards Program: Includes a table with changes to Alaska Water Quality Standards that are currently under EPA review, are expected to be submitted to EPA for review in the near future, or were recently reviewed by EPA.
- EPA Outer Continental Shelf Permits for Oil and Gas Exploration:Reissuance of the NPDES General Permits for Oil and Gas Exploration Facilities on the Outer Continental Shelf and Contiguous State Waters in the Beaufort Sea and on the Outer Continental Shelf in the Chukchi Sea, AK: EPA issued the final Beaufort and Chukchi general permits for wastewater discharges from oil and gas exploration on the Beaufort Sea outer continental shelf and contiguous state waters and on the Chukchi Sea outer continental shelf.
- EPA Region 10 NPDES Permits:information on draft and final National Pollutant Discharge Elimination System (NPDES) Permits, Fact Sheets, and Response to Comments
Department of Labor
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS) for harassment and impact on marine mammals: provides permits, conservation plans, and enforcement procedures for the Marine Mammal Protection Act.
NOAA Fisheries Alaska Regional Office Alaska Regional Office
- Protected Resources Division: https://www.fisheries.noaa.gov/region/alaska#protected-marine-lifePermits and authorizations are required under the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) to conduct activities that may result in the "taking" of a protected species.
- Marine Mammal Authorization Programhttps://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program or incidental take of marine mammals. The Marine Mammal Authorization Program (MMAP) provides an annual exemption for the accidental injury or mortality of marine mammals.
Marine Protected Areas: Alaska Marine or coastal environments that are afforded some degree of legal protection for natural and/or cultural resources.
Fisheries Regulations https://www.fisheries.noaa.gov/region/alaska#fisheries
U.S. Army Corps of Engineers (USACE)
Regulatory: Delivers vital public and military engineering services; partnering in peace and war to strengthen the United States’ security, energize the economy and reduce risks from disasters. The mission in the Alaska District is to serve the public interest in the state, providing responsive, quality service by balancing protection and reasonable use of aquatic resources through professional administration of the Regulatory Program.
- Alaska_District_Regulatory_Program_Overview
- Laws and Regulations
- Violations and Enforcement
- Permitting Section Homepage
Any entity planning to place structures or conduct work in navigable waters of the United States, or dump, place or deposit dredged or fill material in waters of the United States must first obtain a permit from the Corps of Engineers.
U.S. Coast Guard (USCG)
- District 17 (Alaska) Conducts offshore oil and hazardous spill response and coordination in addition search and rescue, security and law enforcement.
- OCS National Center of Expertise
- Mobile-Offshore-Drilling-Units
- Regulations, Policy and Guidance
- Office of Standards Evaluation and Development
- Navigation & Vessel Inspection Circulars (NVIC)
- Dynamic Positioning Systems Overview
- American Bureau of Shipping Rules for Building and Classing Mobile Offshore Drilling Units and the 1989 International Maritime Organization(IMO) MODU CodePDF
- Aids to Navigation Team Kodiak
- S. Coast Guard Office of Search and Rescue (CG-SAR)
U.S. Department of Transportation (DOT)
Pipeline and Hazardous Materials Safety Administration
- Protect people and the environment from the risks of hazardous materials transportation. To do this, we establish national policy, set and enforce standards, educate, and conduct research to prevent incidents. We also prepare the public and first responders to reduce consequences if an incident does occur.
- Regulations
U.S. Fish and Wildlife Service (USFWS)
The Alaska Office is responsible for enacting the Endangered Species Act (ESA) which provides a critical safety net for America’s native fish, wildlife and plants.
Alaska Department of Environmental Conservation
- Air Permit Program (alaska.gov)
- Division of Water (alaska.gov)
- Spill Prevention and Response (alaska.gov)
Department of Transportation and Public Facilities
Alaska Department of Natural Resources
Division of Geological and Geophysical Surveys (DGGS) generates, analyzes and interprets data on geologic resources and natural conditions; maps and inventories mineral and energy resources on state land for use by government, private industry, scientists, educators and the public.
Division of Oil and Gas develops and manages the state's oil and gas leasing programs and houses the State Pipeline Coordinator's Section, part of a joint federal-state program to oversee the 800-mile Trans-Alaska Pipeline System and other common-carrier pipelines. The Oil & Gas division staff identifies prospective lease areas; performs geologic, economic, environmental and social analyses, develops a five-year leasing schedule, and conducts public review of proposed sales. The division conducts competitive oil and gas lease sales and monitors collection of all funds resulting from its programs. It is also responsible for the development of the state's geothermal and coalbed methane resources.
Alaska Oil and Gas Conservation Commission (AOGCC)
- Habitat Regulations
Department of Labor and Workforce Development
- Labor Standards and Safety
- Occupational Safety and Health Standards-Petroleum Drilling and Production Standards
- Alaska Occupational Safety and Health Administrative Code (ACC) - Title 8, Part 4, Occupational Safety and Health Division
Alaska Resources Library & Information Services
Alaska Resources Library and Information Services provides universal access to natural and cultural resources information.
Oil Spill Preparedness, Prevention and Response
BOEM Bureau of Ocean Energy Management
- Oil Spill Modeling Program | BOEM– assesses oil-spill risks associated with energy activities off the U.S. continental coast and Alaska, calculating spill trajectories and contact probabilities
- Worst Case Discharge Determination
- Worst Case Discharge (WCD) for exploratory and development drilling operations is the daily rate of an uncontrolled flow of natural gas and oil from all producible reservoirs into the open wellbore.
- Exploration Plans
- An Exploration Plan describes all exploration activities planned by an operator for a specific lease(s), the timing of these activities, information concerning drilling vessels, the location of each well, and an analysis of both offshore and onshore impacts that may occur as a result of the plan's implementation.
- Development/Production Plans
- Environmental Analysis Section.
- The Environment Program Office's two Environmental Analysis sections conduct environmental impact assessments of proposed OCS activities, such as lease sales, exploration plans, and applications to conduct seismic surveys. Analysts review proposals for compliance with relevant Federal regulations and laws and consult with other Federal, state, and local governments, and with federally recognized tribes.
- Bureau of Safety and Environmental Enforcement (BSEE)
- National Offshore Training and Learning Center
- OHMSETT National Oil Spill Response and Renewable Energy Test Facility
- Technology Assessment and Research
- Oil Spill Response Research
- OSRR to improve the methods and technologies used for oil spill detection, containment, treatment, recovery and cleanup. The OSRR program is a cooperative effort bringing together funding and expertise from research partners in government agencies, industry and the international community. The Response Research Unit (RRU) manages the National Oil Spill Response Research and Renewable Energy Test Facility (Ohmsett).
- Arctic ERMA
- NOAA and BSEE developed the Environmental Response Management Application (ERMA) AS an online mapping tool that integrates both static and real-time data, such as Environmental Sensitivity Index maps, ship locations, weather, and ocean currents, in a centralized, easy-to-use format for environmental responders and decision makers.
- Worst Case Discharge Determination
National Oceanic and Atmospheric Administration (NOAA)
- Office of Response and Restoration
- NOAA's Office of Response and Restoration (OR&R) protects coastal and marine resources, mitigates threats, reduces harm, and restores ecological function.
- Activities in the Arctic
- OR&R has initiated the Arctic JAT and assisted the Arctic Council, Canada, and Norway in developing Arctic spill response techniques and planning for spills in Arctic waters.
- Spill Response and Training Support
- OR&R is the lead science adviser to the U.S. Coast Guard during oil spill response operations in Alaska and maintains a role on the Alaska Regional Response Team.
U.S. Coast Guard (USCG)
District-17/Offices/District-Response-Advisory-Team/ - with expertise in spill management, response equipment, and response techniques, DRAT's main responsibility is to provide support to the Federal On Scene Commander during oil spills and HAZMAT releases in the 17th District.
- Alaska Regional Response Team(ARRT): As an advisory board to the Federal On Scene Coordinator, the ARRT provides federal, state, and local governmental agencies with means to participate in response to pollution incidents.
U.S. Department of Transportation (DOT)
Pipeline and Hazardous Materials Safety Administration
- Emergency Response Guidebook (ERG) PHMSA provides technical expertise to industry and works closely with the response community to ensure the transportation system remains safe.
U.S. Fish and Wildlife Service (USFWS)
- Environmental Response and Restoration: Service Environmental Contaminant Specialists identify sensitive areas that provide important habitat for fish and wildlife, help guide protection and cleanup efforts to ensure that impacts to natural resources are minimized, and oversee rehabilitation of affected wildlife.
State of Alaska
- Department of Environmental Conservation
- Alaska Oil and Gas Conservation Commission(AOGCC)
- Department of Fish and Game
- Habitat Regulations
Health Safety and Environmental Management
Bureau of Safety and Environmental Enforcement (BSEE)
- BSEE Safety and Environment al Management Systems
- 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..
- Workplace Safety Rule
- The Workplace Safety Rule covers all offshore oil and gas operations in federal waters and makes mandatory the previously voluntary practices in the American Petroleum Institute’s (API) Recommended Practice 75 (RP 75).
- The Safety and Environmental Management Systems II (SEMS II) final rule
- The Safety and Environmental Management Systems II (SEMS II) final rule enhances the original SEMS rule, also known as the Workplace Safety Rule, that was issued in October 2010, providing greater protection by supplementing operators' SEMS programs with employee training, empowering field level personnel with safety management decisions and strengthening auditing procedures by requiring them to be completed by independent third parties.
Occupational Safety and Health Administration OSHA
- Mission is to assure safe and healthful workplaces by setting and enforcing standards and by providing training, outreach, education and assistance.
National Science Foundation (NSF)
- Interagency Arctic Research Policy Committee (IARPC)
- Collaboration Teams: Collaborations with scientists from Federal, State, academic, NGO, and industry organizations collectively advance the research areas outlined in the IARPC 5-year plan.
U.S. Coast Guard (USCG)
- Marine environmental protection: The Marine Environmental Protection program develops and enforces regulations to avert the introduction of invasive species into the maritime environment, stop unauthorized ocean dumping, and prevent oil and chemical spills. This program is complemented by the Marine Safety program’s pollution prevention activities.
- USCG and BSEE Memorandum of Agreement on SEMS and SMS
- USCG Marine safety:
The Coast Guard is in the midst of implementing the Marine Safety Enhancement Plan (MSEP). The MSEP is a multi-layered, several-year comprehensive program to enhance Marine Safety systems, knowledge, and processes in order to be more effective and efficient in promoting safe, secure, and environmentally sound maritime commerce. Specific tasks include bolstering inspector and investigator capacity, improving technical competencies, reinvigorating industry partnerships, improving mariner credentialing services, and expanding rulemaking capability to meet current and future needs of the maritime public and industry.