Incidents of Noncompliance (INCs)
Upon detecting a violation, the bureau inspector issues an Incident of Noncompliance (INC) to the operator and uses one of two main enforcement actions (warning or shut- in), depending on the severity of the violation. If the violation is not severe or threatening, a Warning INC is issued. The Warning INC must be corrected within a reasonable amount of time specified on the INC. The Shut-in INC may be for a single component (a portion of the facility) or the entire facility. The violation must be corrected before the operator is allowed to continue the activity in question.
In addition to the enforcement actions specified above, the bureau can assess a civil penalty of up to $44,675 per violation per day if: 1) the operator fails to correct the violation in the reasonable amount of time specified on the INC; or 2) the violation resulted in a threat of serious harm or damage to human life or the environment.
Note: Beginning March 25, 2019 the new rate increased from $43,576 to $44,675 a day for each violation. The legislatively-mandated increase is contained in a final rule, effective March 25, 2019. This rate will be reviewed on an annual basis 30 CFR 250.1403.
Recent Panel Investigation INCs Issued
BSEE is working to make available Incidents of Noncompliance (INCs) issued to offshore oil and gas operators and contractors. As BSEE works to modernize our processes, web postings are limited. INCs issued during offshore inspections can be requested through the bureau's Freedom of Information Act (FOIA) office.
|Issuance Date||Panel Investigation INCs Issued to: (Operator/Contractor)||Region|
|11-13-2013||Black Elk Energy Offshore Operations (BEE)||Gulf of Mexico|
|11-13-2013||Compass Engineering & Consultants, LLC (Compass)||Gulf of Mexico|
|11-13-2013||Grand Isle Shipyard, Inc. (GIS)||Gulf of Mexico|
|11-13-2013||Wood Group Production Service Network (WGPSN)||Gulf of Mexico|
|06-23-2013||Pacific Offshore Operators, LLC||Pacific|
|03-06-2013||Pacific Offshore Operators, LLC||Pacific|
|03-08-2013||Alliance Oilfield Services, LLC||Gulf of Mexico|
|03-05-2013||ENSCO Drilling||Gulf of Mexico|
|03-05-2013||Island Operators Co., Inc.||Gulf of Mexico|
|03-05-2013||Nabors Offshore Corporation||Gulf of Mexico|
|02-05-2013||ERT GOM Inc.||Gulf of Mexico|
A comprehensive list of the number of INCs issued by BSEE (query by date showing company name) is also available here.
Annual INC Summaries can be retrieved by an online Query for Incidents of Noncompliance which will report name of operator, type and number of INCs issued.
Incidents of Noncompliance (INC) Appeals
Appeal: An entity (lessee, operator, contractor, etc.) that receives notification of an incident of noncompliance (INC) may appeal the INC to the Interior Board of Land Appeals (IBLA) under 30 C.F.R. part 290 and 43 C.F.R. part 4. The entity must appeal the INC within 60 days of receiving it.
At the IBLA:
- After filing its appeal, the entity appealing (the appellant) has 30 days to file a Statement of Reasons for the appeal if one was not filed with the appeal. Extensions may be granted.
- The agency has 30 days to file an Answer responding to the Statement of Reasons. The IBLA will grant one automatic extension, not to exceed 30 days.
- The appellant may file a reply brief within 15 days of receiving the Answer.
- Any party may request a hearing to present evidence on an issue of fact. The request must be filed within 30 days after the answer is due. If the IBLA grants a hearing, the appeal will be referred to an administrative law judge.