Enforcement Tools

ENFORCEMENT PROGRAM OVERVIEW

The mission of the Bureau of Safety and Environmental Enforcement (BSEE) is to promote safety, protect the environment, and conserve resources offshore through the establishment of appropriate standards and the vigorous regulatory oversight and enforcement of these requirements. The BSEE’s goal is to achieve a high level of compliance, compel safe and environmentally sound results and ensure that all operators conduct activities in a safe and responsible manner. The BSEE’s enforcement authorities arise mainly from the Outer Continental Shelf Lands Act, though the agency is also called upon to assist in the enforcement of other federal statues, such as the Environmental Protection Agency’s Clean Water Act.

As part of its enforcement program, BSEE seeks to articulate and implement clear regulatory requirements and focuses on the prevention of violations. The BSEE uses all available tools to detect violations, and considers operational risks when determining which tools to use and what resources to devote to detection efforts. When violations occur, BSEE applies remedies that are predictable, appropriate for the conduct detected, and aimed at changing operator behavior. The BSEE wants all companies operating on the Outer Continental Shelf to move beyond baseline compliance and conduct operations in a manner that prioritizes safety of personnel and protection of the environment.

ENFORCEMENT TOOLS

The BSEE addresses unacceptable operator performance in a variety of ways. Preferably, any violations can be detected early through inspections and other monitoring activities. In such instances, timely notice is given to the violator, clear direction on how to come into compliance, and a reasonable opportunity to correct the condition causing the violation.

Any detected immediate threat to safety or the environment is mitigated through shut-in enforcement actions. The BSEE may order shut-ins of platforms, zones (wells), equipment, or pipelines. This authority is critical to ensure the safety of personnel and the protection of the environment.

Companies with recurring violations and/or other indications of unacceptable performance may be subject to additional enforcement actions, including suspension of operations, cancellation of leases, and/or removal of operator status. The BSEE also may refer certain violations to the Department of the Interior’s Inspector General for referral to the appropriate criminal law enforcement authority and/or for initiation of suspension and debarment proceedings.

Should a safety or environmental incident occur, the BSEE has a duty to investigate and determine the causal elements/factors and the appropriate corrective actions. The implications of such findings will apply to the operator(s) involved in the incident, potentially their contractors and subcontractors, and also may extend to industry-wide practices. Once BSEE has initiated an enforcement action, after-action analysis is a key element of BSEE’s enforcement program and is critical to a risk-based approach. Such analysis assists in identifying areas for safety and environmental protection improvements throughout operations on the Outer Continental Shelf.