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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 30 - Mineral Resources |
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Chapter II - Bureau of Safety and Environmental Enforcement, Department of the Interior |
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SubChapter B - Offshore |
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Part 282 - Operations in the Outer Continental Shelf for Minerals Other Than Oil, Gas, and Sulphur |
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Subpart C - Obligations and Responsibilities of Lessees |
§ 282.28 - Environmental protection measures.
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§ 282.28 Environmental protection measures.
(a)-(b) [Reserved]
(c)
(1) The lessee shall monitor activities in a manner that develops the data and information necessary to enable the Director to assess the impacts of exploration, testing, mining, and processing activities on the environment on and off the lease; develop and evaluate methods for mitigating adverse environmental effects; validate assessments made in previous environmental evaluations; and ensure compliance with lease and other requirements for the protection of the environment.
(2) Monitoring of environmental effects shall include determination of the spatial and temporal environmental changes induced by the exploration, testing, development, production, and processing activities on the flora and fauna of the sea surface, the water column, and/or the seafloor.
(3) The Director may place observers onboard exploration, testing, mining, and processing vessels; installations; or structures to ensure that the provisions of the lease, the approved plan, and these regulations are followed and to evaluate the effectiveness of the approved monitoring and mitigation practices and procedures in protecting the environment.
(4) The Director may order or the lessee may request a modification of the approved monitoring program prior to the startup of testing activities or commercial-scale recovery, and at other appropriate times as necessary, to reflect accurately the proposed operations or to incorporate the results of recent research or improved monitoring techniques.
(5) [Reserved]
(6) When required, the monitoring plan will specify:
(i) The sampling techniques and procedures to be used to acquire the needed data and information;
(ii) The format to be used in analysis and presentation of the data and information;
(iii) The equipment, techniques, and procedures to be used in carrying out the monitoring program; and
(iv) The name and qualifications of person(s) designated to be responsible for carrying out the environmental monitoring.
(d) Lessees shall develop and conduct their operations in a manner designed to avoid, minimize, or otherwise mitigate environmental impacts and to demonstrate the effectiveness of efforts to that end. Based upon results of the monitoring program, the Director may specify particular procedures for mitigating environmental impacts.
(e) [Reserved]