§3176.7. Public protection. — Inbound Citations

An operator may request the authorized officer to approve a variance from any of the requirements prescribed in §§ 3176.5 through 3176.9. All such requests shall be submitted in writing to the appropriate authorized officer and provide information as to the circumstances which warrant approval of the variance(s) requested and the proposed alternative methods by which the related requirement(a) of minimum standard(s) are to be satisfied. The authorized officer, after considering all relevant factors, may approve the requested variance(s) if it is determined that the proposed alterative(s) meets or exceeds the objectives of the applicable requirement(s) or minimum standard(s).

(a) For proposed drilling operations where formations will be penetrated which have zones known to contain or which could reasonably be expected to contain concentrations of H2S of 100 ppm or more in the gas stream, the H2S Drilling Operation Plan and, if the applicability criteria in § 3176.7(a) are met, a Public Protection Plan as outlined in § 3176.7(b), shall be submitted as part of the Application for Permit to Drill (APD) (refer to subpart 3171 of this part). In cases where multiple filings are being made with a single drilling plan, a single H2S Drilling Operations Plan and, if applicable, a single Public Protection Plan may be submitted for the lease, communitization agreement, unit, or field in accordance with subpart 3171. Failure to submit either the H2S Drilling Operations Plan or the Public Protection Plan when required by this subpart shall result in an incomplete APD pursuant to 43 CFR 3162.3-1.

(6) All wells, unless produced by artificial lift, shall possess a secondary means of immediate well control through the use of appropriate christmas tree and/or downhole completion equipment. Such equipment shall allow downhole accessibility (reentry) under pressure for permanent well control operations. If the applicability criteria stated in § 3176.7(a) are met, a minimum of 2 master valves shall be installed.

(a) For proposed drilling operations where formations will be penetrated which have zones known to contain or which could reasonably be expected to contain concentrations of H2S of 100 ppm or more in the gas stream, the H2S Drilling Operation Plan and, if the applicability criteria in § 3176.7(a) are met, a Public Protection Plan as outlined in § 3176.7(b), shall be submitted as part of the Application for Permit to Drill (APD) (refer to subpart 3171 of this part). In cases where multiple filings are being made with a single drilling plan, a single H2S Drilling Operations Plan and, if applicable, a single Public Protection Plan may be submitted for the lease, communitization agreement, unit, or field in accordance with subpart 3171. Failure to submit either the H2S Drilling Operations Plan or the Public Protection Plan when required by this subpart shall result in an incomplete APD pursuant to 43 CFR 3162.3-1.

(d) When conditions as defined in § 3176.7(a) exist, a Public Protection Plan for producing operations shall be submitted to the authorized officer in accordance with § 3176.7(b)(1) which includes the provisions of § 3176.7(b)(2).

(1) For each existing production facility having an H2S concentration of 100 ppm or more in the gas stream, the operator shall calculate and submit the calculations to the authorized officer within 180 days of January 22, 1991, the 100 and, if applicable, the 500 ppm radii of exposure for all facilities to determine if the applicability criteria in § 3176.7(a) are met. Radii of exposure calculations shall not be required for oil or water flowlines. Further, if any of the applicability criteria (§ 3176.7(a)) are met, the operator shall submit a complete Public Protection Plan which meets the requirements of § 3176.7(b)(2) to the authorized officer within 1 year of January 22, 1991. For production facilities constructed after January 22, 1991, and meeting the minimum concentration (100 ppm in gas stream), the operator shall report the radii of exposure calculations, and if the applicability criteria in § 3176.7(a) are met, submit a complete Public Protection Plan (§ 3176.7(b)(2)) to the authorized officer within 60 days after completion of production facilities.

(d) When conditions as defined in § 3176.7(a) exist, a Public Protection Plan for producing operations shall be submitted to the authorized officer in accordance with § 3176.7(b)(1) which includes the provisions of § 3176.7(b)(2).