Gulf of Mexico Regional OCS Oil and Gas Programmatic Environmental Impact Statement

On October 2, 2023, the Department of the Interior and BOEM issued a Notice of Intent (NOI) to prepare a programmatic environmental impact statement (Programmatic EIS) to analyze the potential impacts of a representative oil and gas lease sale in available Outer Continental Shelf areas of the Western, Central, and Eastern Planning Areas and the associated potential site- and activity-specific approvals resulting from a proposed OCS oil and gas lease sale. 

The NOI also announced the scoping process that BOEM will use to identify significant issues and potential alternatives for consideration in the Gulf of Mexico (GOM) Oil and Gas Programmatic EIS. The comment period closed on November 1, 2023. ICF International has analyzed submissions received in response to the NOI and developed this report of comment excerpts sorted by issue.

Through November 3, 2023, BOEM has received a total of 13 public comment submissions in response to the NOI (Docket BOEM-2023-0046). In addition, four submissions were received during a public meeting, but these submissions were not added to the docket. However, they were included in the analysis in this report for a total of 17 submissions analyzed.1 Of the total 17 total public submissions, all have been identified as unique and are reflected in the PEIS Scoping Summary.

• PEIS Scoping Summary

On September 29, 2023, BOEM announced a Notice of Intent (NOI) to prepare a Draft Programmatic Environmental Impact Statement (EIS) to analyze the potential impacts of a representative oil and gas lease sale (Proposed Action) and the potential associated site and activity-specific OCS oil- and gas-related activities in the Gulf of Mexico Outer Continental Shelf (OCS). The National Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (2024-2029 PFP) includes proposed OCS oil and gas lease sales in the Gulf of Mexico (GOM). 

• Notice of Intent (NOI)
• National OCS Program
• 2024-2029 GOM Call for Information and Nominations

Gulf of Mexico Regional OCS Oil and Gas Programmatic Environmental Impact Statement

The Gulf of Mexico (GOM) Regional OCS Oil and Gas Programmatic Environmental Impact Statement (EIS) is being developed to examine a proposed potential oil and gas lease sale offered in Federal OCS waters that may be within BOEM’s GOM Western (WPA), Central (CPA), and the portion of the Eastern Planning Area (EPA) not subject to Presidential withdrawal. The EIS will focus its analysis on the potential environmental effects of OCS oil and natural gas leasing from a representative single proposed lease sale and associated OCS oil- and gas-related activities in the proposed lease sale areas. These planning areas encompass the areas offshore Texas, Louisiana, Mississippi, Alabama, and Florida.  

This analysis will be used to determine whether a conventional energy lease sale included in a National OCS Program (current and future) may be held. This analysis will also inform decisions for site and activity-specific OCS oil- and gas-related activity approvals and/or to help inform extraordinary circumstance reviews to ensure that categorical exclusions are used appropriately. Additionally, the National Environmental Policy Act (NEPA) analysis for those activities approvals may tier from this programmatic NEPA document.

Why is BOEM starting the Regional EIS Process Before the National OCS Program is Finalized?

BOEM must begin the formal lease sale planning process now due to the long lead time necessary to complete the process, which includes extensive environmental reviews, analysis, public input, and decision-making. This lead time is necessary to maintain the Secretary’s flexibility to potentially hold the first lease sale in the 2024–2029 Program by 2025. 

Scoping is an integral part of the NEPA process, and the public is encouraged to participate and submit comments on the proposed action during the scoping period. Public comments are valuable when considering the potential environmental impacts of a proposed action and are also used in the development of alternatives, establishing the scope of analysis needed, creating potential mitigating measures, and determining data requirements and analysis procedures.

• The publication of the Notice of Intent (NOI) in the Federal Register on October 2, 2023, formally starts the 30-day public scoping period.
• All comments must be received by November 1, 2023, at 11:59 pm ET. Anonymous comments will not be accepted.
• There will be virtual scoping meetings to learn more about the GOM Oil and Gas Programmatic EIS and to provide comments on the scope of the analysis.
  • October 17, 2023, at 6:00 pm CT https://kearnswest.zoom.us/webinar/register/WN_0SuNsbfcSCyiRJZyMNYBrw#/registration
  • October 19, 2023, at 1:00 pm CT https://kearnswest.zoom.us/webinar/register/WN_NKlgoB17TLu8_bK-gcHViQ#/registration

Alternatives for the Proposed Action

BOEM plans to analyze four alternatives for the Proposed Action and would like the public’s input on the proposed alternatives, or additional alternative ideas. The proposed alternatives for analysis include the alternative listed below.  

Alternative A – No Action. This alternative will analyze the cancellation of a single proposed GOM oil and gas lease sale.  

Alternative B – Regionwide OCS Lease Sale. This alternative would allow for a proposed GOM lease sale including all available unleased blocks in the WPA, CPA, and EPA lease sale areas for oil and gas operations, with the following exceptions: 

1. whole and portions of blocks currently under Presidential withdrawal (The White House 2020) 
    
2. blocks that are adjacent to or beyond the United States’ Exclusive Economic Zone (Extended Continental Shelf Area); and  
    
3. whole and partial blocks within the boundaries of the Flower Garden Banks National Marine Sanctuary as of the July 2008 Memorandum on Withdrawal of Certain Areas of U.S. OCS from Leasing Disposition. 

This alternative:

• correlates to Program Area 1 from the 2024-2029 Proposed Final Program and
   
• will analyze lease stipulations and other mitigating measures for environmental protection. 

Alternative C – Inflation Reduction Act of 2022 Targeted Lease Sale Area. This alternative would allow for a proposed lease sale area within a reduced geographic area by excluding targeted areas from Alternative B. This alternative would include all available unleased blocks in the WPA, CPA, and EPA lease sale areas for oil and gas operations, with the following exceptions: 

1. blocks that were excluded from consideration under Alternative B; 
2. whole and partial blocks that are proposed to be subject to the Topographic Features Stipulation
3. whole and partial blocks that are proposed to be subject to the Live Bottom (Pinnacle Trend) Stipulation
4. whole and partial blocks that are proposed to be subject to the Blocks South of Baldwin County, Alabama, stipulation; 
5. whole and partial blocks that have been identified as Significant Sediment Resource Areas (SSRA);
6. Wind Energy Area Options (Areas A, B, C, D, E, F, G, H, J, K, L, and N) and final Wind Energy Areas (Areas I and M)
7. whole and partial blocks within the Rice’s whale core distribution area
8. whole and partial blocks within the Rice’s whale proposed critical habitat between the 100- and 400-meter (m) (328- and 1,312-foot [ft]) isobath.

This alternative:

• would exclude several areas for environmental protection purposes and avoid conflicts with other ocean uses and 
• would satisfy the requirement in the Inflation Reduction Act by offering an aggregate of at least 60 million acres for offshore oil and gas leasing within a 12-month period prior to issuing offshore wind energy leases.   

Alternative D –Targeted Lease Sale Area with Additional Exclusions. This alternative would allow for a proposed lease sale area within a smaller geographic area than Alternative C by excluding additional areas for environmental considerations and marine spatial planning. Alternative D would allow for a proposed GOM lease sale, including all available unleased blocks in the WPA and CPA lease sale areas for oil and gas operations, with the following exceptions:  

1. blocks that were excluded from consideration under Alternatives B and C; 
2. whole and partial blocks in the EPA of the GOM;
3. additional whole and partial blocks of the Gulf of Mexico Wind Leasing Call Area
4. whole and partial blocks in coastal OCS waters shoreward of the 20-m (66-ft) isobath to avoid additional stressors to coastal stocks of bottlenose dolphin; 
5. whole and partial blocks around the expanded Flower Garden Banks National Marine Sanctuary as of March 22, 2021
6. whole and partial blocks identified by the Department of Defense as mission incompatibility areas.

This alternative: 

• will exclude additional targeted portions of the WPA, CPA, and EPA that have been identified as sensitive for marine spatial planning and environmental protection and   
• would not, on its own, provide sufficient acreage to satisfy the aggregate lease acreage requirements of the Inflation Reduction Act.  

Potential Effects of OCS Oil- and Gas-Related Activities and Programmatic Issues Considered for the Analysis 

BOEM plans to analyze the potential effects of OCS oil- and gas-related activities and wants the public’s input.  BOEM is considering analyzing: 

• Air Emissions and Pollution 
• Discharges and Wastes 
• Bottom Disturbance 
• Noise 
• Coastal Land Use/Modification 
• Lighting and Visual Impacts 
• Offshore Habitat Modification 
• Socioeconomic Changes and Drivers 
• Unintended Releases into the Environment 
• Response Activities 
• Strikes and Collisions 

BOEM also plans to analyze programmatic issues in the Programmatic EIS and wants the public’s input.  BOEM is considering: 

• Climate Change 
• Greenhouse Gas Emissions  
• Space-Use Conflicts 
• Non-OCS Oil- and Gas-Related Activities 
• Natural Processes 

Resources Considered for Analysis 

BOEM plans to analyze several resources in the Gulf of Mexico to determine the impacts of a proposed OCS oil and gas lease sale and wants the public’s input.  BOEM is considering analyzing: 

• Air Quality
• Water Quality 
• Coastal Communities and Habitats 
• Benthic Communities and Habitats 
• Pelagic Communities and Habitats 
• Fishes and Invertebrates 
• Birds 
• Marine Mammals 
• Sea Turtles 
• Commercial Fisheries 
• Recreational Fishing 
• Recreational Resources 
• Cultural, Historic, and Archaeological Resources 
• Land Use and Coastal Infrastructure 
• Economic Factors 
• Social Factors Including Environmental Justice 

Greenhouse Gas Analysis 

BOEM will be conducting a greenhouse gas (GHG) analysis for the GOM Oil and Gas Programmatic EIS and wants the public’s input on the methodology and analysis. BOEM’s Analysis of a proposed GOM oil and gas lease sale includes consideration of GHG emissions and associated social costs (the GHG Analysis).  The GHG Analysis for the proposed action will be similar in structure to that found in Chapters 1, 2, and 4 of the Economic Analysis Methodology for the 2024-2029 National Outer Continental Shelf Oil and Gas Leasing Proposed Final Program.

• BOEM’s Global GHG Emissions Analysis: The components of the global GHG emissions analyzed are captured in the table below:

Key: *= Foreign oil production and consumption are not modeled as dynamically as domestic oil production and consumption.  The Market Simulation Model’s (MartketSim) estimate of the shifts in foreign oil markets does not include cross-price effects. See Memorandum: Capabilities of MarketSim and the OECM for the Estimation of GHG Emissions Impacts

• Social Costs of GHG Emissions: After estimating GHG emissions, BOEM then estimates their social costs of GHG Emissions Analysis
  • The Social Cost of GHG Emissions (SC-GHG) is an estimate of the economic costs associated with an increase in GHG emissions above baseline conditions.
  • BOEM applies separate per-metric-ton SC-GHG values for each of the three main GHGs: carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O).
• New since last lease sale analysis:
  • Estimates of the increase in foreign oil’s upstream GHG emissions and their social costs
  • Expanded chapter on uncertainty to include quantification of net-zero pathways potential effect on substitutions and GHG emissions.
     

During the scoping period, BOEM will hold two virtual scoping meetings where the public will learn more about the environmental review process and have an opportunity to ask questions and provide scoping comments for the draft GOM Oil and Gas Programmatic EIS. The virtual scoping meetings will be held on: 

• October 17, 2023, at 6:00 pm 
  • Agenda
  • Presentation
  • Meeting Recordings
    • Welcome and Opening Remarks
    • Presentations
    • Clarifying Questions
    • Public Comments and Closing Remarks
• October 19, 2023, at 1:00 pm 
  • Agenda
  • Presentation
  • Meeting Recordings
    • Welcome and Opening Remarks
    • Presentations
    • Clarifying Questions
    • Public Comments and Closing Remarks

Programmatic Description of the Potential Effects from Gulf of Mexico OCS Oil- and Gas-Related Activities: A Supporting Information Document 

• This document is intended to provide subject-matter experts, decisionmakers, and the public with a broad characterization of the Gulf of Mexico OCS, the potential activities associated with oil and gas leasing on the Gulf of Mexico OCS, other activities and environmental factors not associated with OCS oil and gas leasing, and how these various activities and factors might interact with resources in the physical, biological, and human environments. This document is intended to assist with streamlining future environmental documents prepared by BOEM under NEPA, such as Gulf of Mexico oil and gas leasing EISs by providing supporting information that can be incorporated by reference, consistent with the Council on Environmental Quality’s NEPA implementing regulations. The Area of Analysis includes the Federal OCS waters of the Gulf of Mexico that are within BOEM’s Gulf of Mexico WPA, CPA, and EPA.  The Area of Analysis also includes the State waters and coastal regions of Texas, Louisiana, Mississippi, Alabama, and Florida. This document analyzes the potential effects to air and water quality; coastal, benthic, and pelagic habitats and communities; fishes and invertebrates; birds; marine mammals; sea turtles; commercial fisheries; recreational fishing; recreational resources; archaeological resources; economics; land use; and other social factors. 

Biological Environmental Background Report for the Gulf of Mexico 

• This document compiles information that describes the biological resources of the GOM region and then explores these resources’ vulnerability to BOEM-regulated activities associated with the exploration and development of oil and gas, marine minerals, and renewable energy. This background report may inform future internal and external efforts to describe GOM habitats and associated biological resources. This document will also inform future potential impact assessments of BOEM’s programmatic activities prepared under NEPA. BOEM intends to use this document to inform future outreach processes with other Federal agencies and Tribal governments. Importantly, this document does not replace the NEPA process or obligations to consult. BOEM will only use this document as a more in-depth and technical reference for public NEPA documents. 

Gulf of Mexico OCS Regulatory Framework Technical Report

• The objective of this document is to establish a current, comprehensive discussion describing the regulations that govern the environmental reviews for BOEM and the Bureau of Safety and Environmental Enforcement’s offshore activities involving oil, natural gas, renewable energy, and marine minerals in the GOM. It provides a framework of regulations and policies addressed in NEPA documents required for the OCS oil and gas leasing program. Historically, these regulations and policies were discussed in past NEPA documents for BOEM’s oil and gas lease sales, which contributed to lengthy documents. 

Essential Fish Habitat Technical Report

This Essential Fish Habitat (EFH) Assessment serves as the initiation of a Programmatic EFH Consultation between BOEM’s New Orleans Office and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) for oil- and gas-related activities on the Gulf of Mexico OCS. Pursuant to Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act, Federal agencies are required to consult with NMFS on any action that may result in adverse effects to EFH. The NMFS published the final rule implementing the EFH provisions of the Magnuson-Stevens Fisheries Conservation and Management Act (50 CFR part 600) on January 17, 2002. Certain OCS activities authorized by BOEM may result in adverse effects to EFH and require consultation. 

2024–2029 Proposed Final Program 

• The Proposed Final Program phase of the National OCS Program provides a final national analysis of the potential lease sales in the 2024-2029 Program, which the Secretary can consider in making future decisions. 

2024–2029 National OCS Program Programmatic EIS (Volume I and Volume II)

• This final programmatic environmental impact statement (Final Programmatic EIS) describes and analyzes the potential environmental impacts that could result from leasing, exploration, production, and decommissioning associated with lease sales contemplated in the 2024-2029 National Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (Proposed Final Program). This document was prepared in accordance with NEPA (42 U.S.C. §§ 4321 et seq.) and implementing regulations. This analysis encompasses the 25 Bureau of Ocean Energy Management OCS oil and gas planning areas included in the Draft Proposed Program (released in January 2018) and considers a range of alternatives, as analyzed in the Draft Programmatic EIS (released in July 2022). The Final Programmatic EIS informed the Secretary’s Third Proposal and Proposed Final Program, which was released concurrently with the 2024–2029 National OCS Program Programmatic EIS.