Coastal Use Permit Program Pipeline Permitting

1. Coastal Use Permit Program Pipeline Permitting Scott Angelle, Secretary Louisiana Department of Natural Resources Coastal Management Division October, 2006

2. Important Assumptions • Pipelines are necessary for our way of life. safety and security of operations of pipelines. Adequate maintenance and repair of pipelines • We (government agencies and the industry) cannot afford a loss of confidence by the public in the pipeline system • A coordinated response to the needs of maintenance and repairs of pipelines by government agencies, at all levels, and by the industry is needed

3. Urgency of Need Emergency? • Title of the Louisiana Administrative Code 43§723. • Rules and Procedures for Coastal Use Permits • 3. Emergency Uses • a. Coastal use permits are not required in advance for conducting uses necessary to correct emergency situations.

4. Emergency Uses • i. Emergency situations are those brought about by natural or man-made causes, such as storms, floods, fires, wrecks, explosions, spills, which would result in hazard to life, loss of property, or damage to the environment if immediate corrective action were not taken. This exemption applies only to those corrective actions which are immediately required for the protection of lives, property, or the environment necessitated by the emergency situation.

5. What is an EmergencyVarious agencies have various definitions hazard to life, loss of property, or (does not include economic loss due to loss of production) damage to the environment Leaking pipeline is an emergency Pipeline that might leak might be an emergency

6. Emergency uses Continued • Prior to undertaking such emergency uses, or as soon as possible thereafter, the person carrying out the use shall notify the secretary and the local government, if the use is conducted in a parish with an approved local program, and give a brief description of the emergency use and the necessity for carrying it out without a coastal use permit.

7. Emergency Uses Continued • As soon as possible after the emergency situation arises, any person who has conducted an emergency use shall report on the emergency use to the approved local program or to the administrator. A determination shall be made as to whether the emergency use will continue to have direct and significant impacts on coastal waters. If so, the user shall apply for an after-the-fact permit. The removal of any structure or works occasioned by the emergency and the restoration of the condition existing prior to the emergency use may be ordered if the permit is denied in whole or in part.

8. What if it is not an emergency Apply for a permit

9. Coastal Use Permits • Require a 25 day public notice period • Require that all landowners be given a copy of the application • Average issuance time is just over 45 days for the simpler Coastal Use Permits.

10. Oil and Gas Authorizations Very few oil and gas authorizations require individual permits The use of standard methods by the industry has allowed the creation of general permits, which are themselves subject to the public notice and review process, in lieu of individual activities.

11. Coastal Use General Permits General Permits relevant to the oiland gas industry • GP 5 - ring levees and board roads • GP 6 - pipeline installation, maintenance and repair • GP 7 - parallel slips • GP 10 - maintenance dredging of existing channels • and canals • GP 11 - mitigation projects • GP 12 – maintenance dredging strategy permit • GP 16 – new oil and gas channels up to 1500’ long • GP 19 - small oil and gas projects • GP 21 - shell pads • GP 22 - seismic survey activities

12. What is a General Permit • Louisiana Revised Statute 49:214.30.E “a general coastal use permit is an authorization to prospective users to perform specific uses within prescribed areas of the coastal zone” • Louisiana Administrative Code 43§723.E.1.b • General permits may be issued only for those uses that are substantially similar in nature, that cause only minimal adverse impacts when performed separately, that will have only minimal adverse cumulative impacts and that otherwise do not impair the fulfillment of the objectives and policies of the coastal management program.

13. What is an Area Permit? • an authorization to a prospective user to perform specific uses within prescribed areas of the coastal zone Characteristics of Area Permits (Activities to be authorized under the authority of an area permit) • Are substantially similar in nature, • Will cause only minimal adverse impacts when performed separately, • will have only minimal adverse cumulative impacts • do not impair the fulfillment of the objectives and policies of the coastal management program • Issued to a prospective user in a prescribed area of the coastal zone • Area is pre-determined by the location of existing structures

14. Area Pipeline Maintenance and Repair Permits • Two Phases • 1. The Area Permit • 2. Individual Authorizations

15. Area Permit Invokes the Public Notice Process Obtains special features input (government agencies and interested individuals) Does not require landowner notification Does not authorize individual work items Does not obligate the applicant Provides a mechanism for expedited authorization of maintenance and repair activities.

16. The Area Permit A general Plan for working in a specific area Ideally it contains; A vicinity map that shows the layout of the pipeline Plan view (s) showing how the pipeline fits into the landmarks (roads, streams, communities, pastures, and etc.) Typical cross sections of work for the major types of terrains that are involved (marsh, open water areas, upland areas, and etc)

17. Individual Authorizations Requires a Complete Application Does not require a Public Notice The area permit took care of the public notice process May or may not require interagency Coordinationdepending on agency comments for the area permit Requires that Landowners be Notified

18. Advantages to the Public • Increased safety and security of oil and gas supplies • Advanced notification that inspection and possibly maintenance and or repair may occur on a particular segment of pipeline

19. Advantages to the industry • Should provide the applicant with advanced warning of any regulatory, resource, or landowner issues. • Should provide the applicant with a plan to conduct maintenance and repair activities that is acceptable to regulatory agencies and the general public

20. Coming Soon Although this would have little effect on an applicant for an Area Permit, We have had internal discussions about drafting a general permit document much like GP-12 to better define the parameters of this class of Area Permits and Area Permits that apply to Utility Lines and rights-of-way.