To address the challenges associated with offshore oil and gas decommissioning, the Ocean Conservancy has recommended the following actions to be taken to set the stage for long-term success:
Strengthening oversight and enforcement for expired decommissioning leases
The Bureau of Safety and Environmental Enforcement (BSEE) should develop mandatory decommissioning plans, under which operators are able to clear their decommissioning backlog within a set timeline. For offshore wells and platforms located on expired, terminated, or relinquished leases, the BSEE must enforce appropriate decommissioning deadlines and ensure that they are up-to-date. In case of uncertainities regarding the enforceability of BSEE sanctions, the agency should issue clarifying guidance or set up new or revised guidelines.
Strengthening oversight and enforcement for active decommissioning leases
For idle wells and platforms located on active leases, the BSEE should codify its decommissioning deadlines for such infrastructure. It should also shorten deadlines to ensure that idle wells and platforms are cleaned up promptly, while ensuring that these wells and platforms are decommissioned within one year. Furthermore, the BSEE should be cautious of granting decommissioning waivers for potential future use of wells or platforms. In case it does grant a future use waiver, the agency should require operators to provide supplemental financial assurance that will cover the full cost of decommissioning. The BSEE should also increase its use of sanctions to compel compliance with decommissioning deadlines.
Strengthen decommissioning requirements for subsea pipelines
When a pipeline no longer proves useful, the BSEE should require its owner to remove it from the seabed. Regulations need to be revised and the agency needs to permit decommissioning in place only in rare circumstances, during which operators need to monitor the condition and location of the pipeline over time to ensure that it remains secure. Moreover, a fee needs to be paid to combat the impact of the discarded pipeline. The BSEE operators are also required to perform site clearance activities and ensure that the agency steps up its observation, inspection and verification, so that it does not entirely rely on self reported data provided by the operators.
Strengthen requirements for supplemental financial assurance
The Bureau of Ocean Energy Management (BOEM) should also consider implementing a system that would require each lessee to establish a dedicated account, into which the lessee would invest funds sufficient to satisfy estimated decommissioning obligations. The main advantage of this system is the absence of bonding requirements. Funds should also be made available to the lessee during the conclusion of lease operations. Most importantly, the BOEM should ensure minimisation of US taxpayer exposure to decommisioning liabilities.
Developing and implementing qualification standards of offshore operators
The BSEE and BOEM need to establish 'fitness to operate' standards to ensure that lessees and operators are qualified to conduct business on federal offshore oil and gas leases. Factors such as past compliance, and lease permit terms and the financial health of lessees and operators need to be considered. A formal rulemaking process needs to be undertaken to ensure that the standards are enforceable. During this process, agencies must disqualify existing or potential lessees or operators that fail to meet the required fitness standards.
Boosting commitments to transparency and data sharing
Both the BSEE and BOEM need to increase their commitments to transparency and data sharing in regard to offshore oil and gas decommissioning operations. By expanding their dashboard with additional details on status and ownership of wells and pipelines, they can ensure that publicly available data is more accessible and understandable. The dashboard could also be made more elaborate and user friendly by adding more details about the disposition of structures, including the reuse of platforms and rigs-to-reeds status. Furthermore, it could also disclose estimated and final costs for decommissioning activities.
Opportunities for congressional action
To strengthen government oversight and enforcement of offshore oil and gas decommissioning activities, the Congress can pass legislation mandating any of the above policy solutions and also to achieve outcomes that are beyond the existing authority of administrative agencies. Additionally, job training programmes can also be facilitated to train those oil and gas workers who are interested in transitioning to work on renewable energy projects or offshore decommissioning work.
