[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23541]
[[Page Unknown]]
[Federal Register: September 23, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Coastal Zone Management: Federal Consistency Appeals by Mobile
Exploration & Producing Southeast, Inc., From Objections by the State
of North Carolina
AGENCY: National Oceanic and Atmospheric Administration, Department of
Commerce.
ACTION: Notice of decisions.
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SUMMARY: On September 2, 1994, the Secretary of Commerce (Secretary)
issued decisions in two consistency appeals of Mobile Exploration &
Producing Southeast, Inc. (Mobil). Mobil is the operator of Outer
Continental Lease OCS A-0236, an oil and gas lease in federal waters
approximately 39 miles off North Carolina's (State) coast, known as
Manteo Area Block 467 (Block 467). In one decision, the Secretary
declined to override the State's objection to Mobil's proposed drilling
discharges. In a second decision, the Secretary declined to override
the State's objection to Mobil's overall Plan of Exploration (POE).
Mobil submitted its proposed POE for Block 467 to the Minerals
Management Service of the Department of the Interior on August 20,
1990. Mobil proposed drilling one exploratory well to assess
hydrocarbon reserves in an area near ``the Point,'' a biologically
unique area defined by the convergence of the Gulf Stream, slope, and
shelf waters, and containing significant natural resources. The Point
is a prime fishing area for North Carolina fishermen.
Mobil also applied for a National Pollutant Discharge Elimination
System (NPDES) permit required by section 402(a) of the Federal Water
Pollution Control Act, as amended (Clean Water Act), for its drilling
discharge activity. In conjunction with the exploratory drilling, Mobil
proposed the discharge of drilling wastes in accordance with its NPDES
permit application.
Mobil has certified that the POE and drilling discharge activities
are consistent with the State's Coastal Management Program (CMP). The
State objected to Mobil's POE and drilling discharges based upon a lack
of necessary information to assess the consistency of Mobil's
activities. Under sections 307(c)(3) (A) and (B) of the Coastal Zone
Management Act, as amended (CZMA), and 15 CFR 930.121 and 930.122, the
State's objections preclude any Federal agency from issuing any permit
or license for Mobil's proposed activities, unless the Secretary finds
that the activities are either consistent with the objectives or
purposes of the CZMA (Ground I) or necessary in the interest of
national security (Ground II). If the requirements of either Ground I
or Ground II are met, the Secretary must override the State's
objections. In accordance with sections 307(c)(3) (A) and (B) of the
CZMA, Mobil filed with the Secretary two separate appeals: (1) from the
State's objections to Mobil's proposed POE and (2) from the State's
objections to Mobil's proposed drilling discharges. Mobil argued both
Grounds I and II for a Secretarial override in each appeal.
Several threshold issues were raised by Mobil and the State during
the course of both appeals. The decisions determined, in part, that the
State's objections were properly lodged, and that the Secretary will
necessarily determine the adequacy of information for an override
rather than summarily dismiss these appeals.
Upon consideration of the information submitted by Mobil, the State
and interested Federal agencies, the Secretary made the findings
discussed below.
The decisions find that Mobil's proposed activities satisfy the
first element of Ground I because its POE furthers, and its NPDES
permit discharges indirectly further, one of the objectives or purposes
of the CZMA. The CZMA recognizes a national objective in achieving a
greater degree of energy self-sufficiency.
Regarding the second element of Ground I, however, the decisions
find that the proposed exploration and drilling discharge activities
will adversely affect the State's coastal resources and uses. Moreover,
the information in the record of each appeal is insufficient to
adequately identify the extent of the individual and cumulative adverse
effects. Consequently, the decisions conclude that the information in
the record of each appeal is inadequate to determine that the national
interest benefits of Mobil's proposed POE and drilling discharges
outweigh the proposed activities' adverse effects on the State's
coastal resources and uses. Therefore, Mobil's proposed activities do
not satisfy the second element of Ground I.
The decisions find that Mobil's proposed activities satisfy the
third element of Ground I because the proposed exploration and drilling
discharge activities will not violate the Clean Air Act or the Clean
Water Act. The decisions also find that Mobil's proposed activities
satisfy the fourth element of Ground I because there is no reasonable
alternative available to Mobil that would allow the proposed
exploration and drilling discharge activities to be carried out in a
manner consistent with the State's CMP.
Finally, the decisions find that neither Mobil nor any Federal
agency commenting on Ground II specifically identified or explained how
Mobil's inability to proceed with its proposed activities would
significantly impair a national defense or other national security
interest.
Because Mobil's proposed POE and drilling discharge activities fail
to satisfy all four of the requirements of Ground I and do not meet the
requirements of Ground II, the Secretary did not override the State's
objections to Mobil's proposed exploration and drilling discharges.
Consequently, the proposed exploration and drilling discharge
activities may not be permitted by Federal agencies. Copies of the two
decisions may be obtained from the office listed below.
for additional information contact: Roger B. Eckert, Attorney-Adviser,
Office of the Assistant General Counsel for Ocean Services, National
Oceanic and Atmospheric Administration, U.S. Department of Commerce,
1305 East-West Highway, room 6111, Silver Spring, Maryland 20910; 301-
713-2967.
(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance)
Dated: September 16, 1994.
James W. Brennan,
Acting General Counsel.
[FR Doc. 94-23541 Filed 9-22-94; 8:45 am]
BILLING CODE 3510-08-M