Oil and Gas and Sulfur Operations in the Outer Continental Shelf—Blowout Preventer Systems and Well Control Revisions, 83 Fed. Reg. 22,128 (May 11, 2018), Docket No. BSEE-2018-0002

Earthjustice and a coalition of environmental organizations oppose BSEE's proposed revisions to the 2016 Blowout Preventer Systems and Well Control Rule. They argue the proposed changes—specifically regarding drilling margins, verification organizations, blowout preventer (BOP) requirements, and real-time monitoring—increase the risk of catastrophic oil spills and worker fatalities. The authors contend that BSEE failed to provide the necessary data or quantitative risk analysis to justify these rollbacks and violated the Administrative Procedure Act, the National Environmental Policy Act, and the Endangered Species Act.

• The proposed rule seeks to weaken four critical safety areas: the default drilling margin requirement, the BSEE-approved verification organization (BAVO) regime, specific blowout preventer (BOP) requirements, and minimum real-time monitoring (RTM) requirements.
• BSEE is proposing to replace the 0.5 pound per gallon (ppg) minimum drilling margin with a 'performance-based standard' on a case-by-case basis, which the authors argue increases the risk of blowouts.
• The proposal to replace BAVOs with independent third parties is criticized for removing essential agency oversight and accountability, potentially returning to a flawed pre-Deepwater Horizon system.
• The proposed removal of prescriptive real-time monitoring (RTM) requirements is argued to undermine the 'second set of eyes' onshore that is critical for identifying abnormalities before they become catastrophic.
• The authors claim BSEE violated the Administrative Procedure Act (APA) by failing to provide the data and technical studies used to justify the proposed revisions, thereby denying the public 'fair notice'.
• The document argues that the proposed rule fails to meet the 'best available and safest technologies' (BAST) mandate of the Outer Continental Shelf Lands Act (OCSLA).
• The authors assert that BSEE violated the National Environmental Policy Act (NEPA) by failing to prepare an Environmental Impact Statement (EIS) and by providing a Draft Environmental Assessment (EA) that lacks a 'hard look' at impacts to water, wildlife, and air quality.
• The proposed rule is alleged to violate the Endangered Species Act (ESA) because BSEE declined to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service regarding impacts on listed species.
• The authors argue that the reliance on Executive Order 13771 to justify deregulation is unconstitutional as it allows agencies to prioritize industry cost-reduction over statutory conservation mandates.
• Expert testimony from Professor Robert Bea emphasizes that a validated Quantitative Risk Analysis (QRA) is necessary to determine if the revisions are truly 'safe' and to ensure risks are 'As Low As Reasonably Practicable' (ALARP).

APA

Earthjustice (2018). Oil and Gas and Sulfur Operations in the Outer Continental Shelf—Blowout Preventer Systems and Well Control Revisions, 83 Fed. Reg. 22,128 (May 11, 2018), Docket No. BSEE-2018-0002. https://earthjustice.org/wp-content/uploads/final_comments_ej20et20al-well20control20rule.pdf

Chicago

Earthjustice. Oil and Gas and Sulfur Operations in the Outer Continental Shelf—Blowout Preventer Systems and Well Control Revisions, 83 Fed. Reg. 22,128 (May 11, 2018), Docket No. BSEE-2018-0002. 2018. https://earthjustice.org/wp-content/uploads/final_comments_ej20et20al-well20control20rule.pdf.

Wikipedia

{{cite press release |author=Earthjustice |title=Oil and Gas and Sulfur Operations in the Outer Continental Shelf—Blowout Preventer Systems and Well Control Revisions, 83 Fed. Reg. 22,128 (May 11, 2018), Docket No. BSEE-2018-0002 |date=6 August 2018 |url=https://earthjustice.org/wp-content/uploads/final_comments_ej20et20al-well20control20rule.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{earthjustice2018oil, author = {{Earthjustice}}, title = {{Oil and Gas and Sulfur Operations in the Outer Continental Shelf—Blowout Preventer Systems and Well Control Revisions, 83 Fed. Reg. 22,128 (May 11, 2018), Docket No. BSEE-2018-0002}}, publisher = {Earthjustice}, year = {2018}, month = aug, url = {https://earthjustice.org/wp-content/uploads/final_comments_ej20et20al-well20control20rule.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }