30 C.F.R. § 250.107

What must I do to protect health, safety, property, and the environment?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) You must protect health, safety, property, and the environment by:

(1) Performing all operations in a safe and workmanlike manner;

(2) Maintaining all equipment and work areas in a safe condition;

(3) Utilizing recognized engineering practices that reduce risks to the lowest level practicable when conducting design, fabrication, installation, operation, inspection, repair, and maintenance activities; and

(4) Complying with all lease, plan, and permit terms and conditions.

(b) You must immediately control, remove, or otherwise correct any hazardous oil and gas accumulation or other health, safety, or fire hazard.

(c) Best available and safest technology. (1) On all new drilling and production operations and, except as provided in paragraph (c)(3) of this section, on existing operations, you must use the best available and safest technologies (BAST) which the Director determines to be economically feasible whenever the Director determines that failure of equipment would have a significant effect on safety, health, or the environment, except where the Director determines that the incremental benefits are clearly insufficient to justify the incremental costs of utilizing such technologies.

(2) Conformance with BSEE regulations will be presumed to constitute the use of BAST unless and until the Director determines that other technologies are required pursuant to paragraph (c)(1) of this section.

(3) The Director may waive the requirement to use BAST on a category of existing operations if the Director determines that use of BAST by that category of existing operations would not be practicable. The Director may waive the requirement to use BAST on an existing operation at a specific facility if you submit a waiver request demonstrating that the use of BAST would not be practicable.

(d) BSEE may issue orders to ensure compliance with this part, including, but not limited to, orders to produce and submit records and to inspect, repair, and/or replace equipment. BSEE may also issue orders to shut-in operations of a component or facility because of a threat of serious, irreparable, or immediate harm to health, safety, property, or the environment posed by those operations or because the operations violate law, including a regulation, order, or provision of a lease, plan, or permit.

[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26014, Apr. 29, 2016; 81 FR 61915, Sept. 7, 2016]

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2012–2022 · leading case: Bricklayers & Masons Local Union No. 5 Ohio Pension Fund v. Transocean Ltd., 866 F. Supp. 2d 223 (S.D.N.Y. 2012).

Sort: Relevance Newest Treatment

Bricklayers & Masons Local Union No. 5 Ohio Pension Fund v. Transocean Ltd., 866 F. Supp. 2d 223 (S.D.N.Y. 2012). · cites it 3× “401 )); 30 C.F.R. § 250.107 , which requires operators to “use the best available and safest technology (BAST) whenever practical on all exploration, development, and production operations” (id.”

Native Vill. of Point Hope v. Salazar, 680 F.3d 1123 (9th Cir. 2012). · cites it 3× “” Because OCS-LA requires industries to adopt the best available and safest technology, 30 C.F.R. § 250.107 (c); H.R.Rep. No. 95-590, at 97 (1977), reprinted in 1978 U.”

Voces v. Energy Resource Tech., G.O.M., L.L.C., 704 F. App'x 345 (5th Cir. 2017). · cites it 3× “3 The panel recommended that the BSEE consider issuing ERT an “Incident of NonCompliance” (INC) for failing to perform operations in a safe and workmanlike manner, as required by 30 C.F.R. § 250.107 (a). 4 Following the panel’s recommendation, the BSEE issued ERT a Notification…”

Century Expl. New Orleans, LLC v. United States, 110 Fed. Cl. 148 (Fed. Cl. 2013). “” 30 C.F.R. § 250.107 (b); see generally id.”

Gantt v. Seadrill Americas, Inc., 360 F. Supp. 3d 402 (E.D. La. 2018). · cites it 8× “Gantt first argues that the LLOG defendants owed him a duty to ensure that the vessel's equipment and work areas were in a safe condition pursuant to 30 C.F.R. § 250.107 . 19 Section 250.107 was *407 promulgated pursuant to the Outer Continental Shelf Lands Act ("OCSLA").”

Marites Voces v. Energy Resrc Technol, GOM, LLC, e (5th Cir. 2017). · cites it 3× “3 The panel recommended that the BSEE consider issuing ERT an “Incident of Non- Compliance” (INC) for failing to perform operations in a safe and workmanlike manner, as required by 30 C.F.R. § 250.107 (a). 4 Following the panel’s recommendation, the BSEE issued ERT a…”

Native Vill. of Point Hope v. Ken Salazar (9th Cir. 2012). · cites it 3× “For the same reason, we reject petitioners’ contention that BOEM’s approval of the exploration plan con- travenes 30 C.F.R. § 250.107 (c), which requires use of the best available and safest technology (BAST).”

Warner v. Talos E R T L L C (W.D. La. 2022). “30 C.F.R. § 250.107 . For the purposes of that section, “you” means “a lessee, the owner or holder of operating rights, a designated operator or agent of the lessee(s), a pipeline right-of-way holder, or a State lessee granted a right-of-use and easement.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.