Department of the Interior transfers governance functions for offshore wind from BOEM to BSEE

The U.S. Department of the Interior is transferring the governance of offshore renewable energy activities, including workplace safety and environmental compliance, from the Bureau of Ocean Energy Management (BOEM) to the Bureau of Safety and Environmental Enforcement (BSEE).

“Over the past several months, BOEM and BSEE have taken steps to ensure a seamless transition of functions related to safety and environmental protections for the offshore renewable energy program,” Principal Deputy Assistant Secretary for Land and Minerals Management Laura Daniel-Davis said. “This rule advances regulatory clarity and transparency for the offshore wind industry. It allows the bureaus to focus on ensuring that future clean energy development and operations continue to occur in a safe and environmentally responsible manner.”

The DOI established both BOEM and BSEE in 2011 as new bureaus to carry out its offshore energy management, safety, and environmental oversight missions. They were created as part of an effort to reorganize the former Minerals Management Service after the Deepwater Horizon tragedy. As part of that reorganization, oversight of offshore renewable energy was assigned to BOEM.

This new transfer of responsibilities recognizes that the scopes of the bureaus’ roles and responsibilities have matured over the last decade. Key authorities transferred to BSEE include evaluating and overseeing facility design, fabrication, installation, safety management systems, and oil spill response plans; enforcing operational safety through inspections, incident reporting, and investigations; enforcing compliance, including safety and environmental compliance; and
overseeing decommissioning activities.

Regulatory authority for certain functions will remain with BOEM, including determining areas suitable for siting offshore wind energy facilities; issuing leases, easements, and rights-of-way for activities that produce or support the production, transportation, or transmission of offshore energy or energy resources; reviewing and approving or disapproving plans; and conducting analyses under the National Environmental Policy Act and other environmental studies and incorporating mitigation measures into plan approvals to avoid or minimize harm to the marine, coastal, or human environments. 

This change does not make substantive changes to current regulatory requirements or impose additional regulatory burdens.

American Clean Power (ACP) supports the changes.

“We appreciate BSEE’s substantial expertise on offshore safety arising from its decades of experience regulating the offshore oil and gas industry. Our employees are the backbone of the growing offshore wind industry, and ACP is at the forefront of working with our members to develop protocols and trainings to ensure their safety. As part of that commitment, ACP will be initiating a public process with other stakeholders to develop consensus offshore wind safety recommended practices; we anticipate working closely with BSEE to refine these standards and ensure they work for regulators and industry alike. We also look forward to advising BSEE on upcoming amendments to their offshore wind safety and inspection regulations,” ACP vice president for offshore wind, Josh Kaplowitz, said.