The Denver Post

Delayed seismic testing decision causing anxiety for energy firms

- By Tony Pugh

WASHINGTON» The Trump administra­tion’s longawaite­d decision on whether to allow seismic testing for oil and gas beneath the Atlantic Ocean is causing heartburn for the energy industry, which eagerly awaits the fulfillmen­t of President Donald Trump’s push to allow offshore drilling in U.S. coastal waters.

Five seismic survey companies want federal permission to shoot loud, pressurize­d air blasts into the ocean every 10 to 12 seconds around-the-clock for months at a time over 330,000 square miles of ocean from Florida to the Delaware bay, in search of fossil fuel deposits beneath the ocean floor.

If approved, the activity would reverse an Obamaera denial of testing permits in the Atlantic Ocean and represent a major advance of Trump’s “America-first Offshore Energy Strategy.”

After the public-comment period ended in July, many stakeholde­rs expected the National Oceanic and Atmospheri­c Administra­tion to quickly approve the “incidental harassment authorizat­ions” needed to move the permit applicatio­ns forward.

But more than 10 months later, NOAA, one of two federal agencies that will decide the matter, still hasn’t approved the authorizat­ions. The IHA would allow the seismic testing to harass or injure small numbers of marine mammals, which would otherwise be prohibited under the Marine Mammal Protection Act.

Scientists fear long-term exposure to air-blast noise could cause hearing loss and impair breeding, feeding, foraging and communicat­ion activity among dolphins, endangered whales, other marine mammals and sea turtles.

While the Marine Mammal Protection Act sets a 120-day statutory review period to decide IHA applicatio­ns, some require more analysis, consultati­on and resources that can exceed the four-month time period.

From 2011 through 2016, the average processing time for IHA applicatio­ns was 7.5 months, according to written Senate testimony from Chris Oliver, assistant administra­tor for fisheries at NOAA.

But after executive orders from Trump called for reducing regulatory burden, NOAA committed to cutting IHA processing times.

Since implementi­ng new streamlini­ng measures, like waiving legal reviews for “low impact/low controvers­y actions not expected to be at risk of litigation,” the average processing time overall fell to 6.6 months for IHAS issued from December 2016 to November, Oliver’s written testimony said.

The authorizat­ions for the Atlantic, however, are proving more of a challenge.

“We’re in the process of evaluating over 117,000 comments that we received on that, many of them of a highly technical, legal, policy nature. So that process has taken a little bit longer than we expect. But we expect within the next few weeks to have made a decision on those authorizat­ions,” Oliver told a Senate panel on April 25.

One month later, the energy industry is still waiting. And it is openly chiding the Trump administra­tion over the slow process.

In a recent blog post, Nikki Martin, president of the Internatio­nal Associatio­n of Geophysica­l Contractor­s and Randall Luthi, president of the National Ocean Industries Associatio­n, said the permitting “delay is a complete bureaucrat­ic breakdown by federal agencies in what should be an otherwise straightfo­rward process. “Approve or deny is simple and clear.”

If the authorizat­ions are granted, the Bureau of Ocean Energy Management would then have to complete an environmen­tal study before they decide whether to approve the final testing permits. There is no timeline for the environmen­tal study.

While some lawmakers and business leaders have raised concerns about the economic effect that seismic testing and offshore drilling could have on Atlantic Coast toursim and fishing, the energy industry has largely cheered President Trump’s push to expand offshore drilling.

In January, the Interior Department announced plans to hold 47 offshore oil and gas lease sales from 2019 to 2024. That includes 19 off the coast of Alaska, seven off the coast of California, 12 in the Gulf of Mexico and nine in the Atlantic Ocean, where there have been no sales since 1983 and there are no existing leases.

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