Changes to the ARRT’s Oil Dispersant Guidelines for 4-5 Briefing for PWSRCAC Board of Directors –January 2015

ACTION ITEM

Sponsor: Linda Swiss Project number and name or topic: 600 Response Planning Program

1. Description of agenda item: This informational item is intended to brief the Board on the current status of changes to the “Oil Dispersant Guidelines for Alaska.” Replacement of the guidelines was proposed by the Alaska Regional Response Team (ARRT) in the fall of 2013 with a new document entitled “Dispersants Authorization Plan.”

The ARRT, a combination of federal and state agencies that share responsibilities for managing and setting public policy for oil and chemical spill responses in Alaska, is in the process of updating dispersant use policy in Alaska. To accomplish that effort, changes have been proposed to the Alaska Federal/State Preparedness Plan for Response to Oil and Hazardous Substances Discharges/Releases (“Unified Plan”). This plan is jointly written by the U.S. Coast Guard, the Environmental Protection Agency, the Alaska Department of Environmental Conservation, and members of the ARRT. The draft Dispersant Authorization Plan can be viewed on the ARRT’s website at: http://alaskarrt.org/Documents.aspx?f=9.

After release of the t plan in late 2013, the ARRT conducted outreach activities throughout several communities in Alaska. PWSRCAC submitted the attached comments dated February 4, 2014. Comments were also submitted by several other stakeholders including:

• City of Cordova • Lawrence Anthony Earth Organization • Coalition to Ban Toxic Dispersants • Alaska Big Village Network • Alaska Inter-Tribal Council • Alaska Community Action on Toxics • Cook Inletkeeper • Kachemak Bay Conservation Society • Pegasus Environmental Solutions • Center for Biological Diversity • Native Village of Eyak • Riki Ott • The Ocean Foundation • Donna Schantz • Amanda Bauer

2. Why is this item important to PWSRCAC: Under the Oil Pollution Act of 1990 (OPA 90), PWSRCAC is authorized to participate in both the development of plans and policy guidelines used in oil spill response. Additionally, under the section of OPA 90, federal agencies are required to consult with PWSRCAC prior to taking substantive action that affects or may affect the vicinity of the terminal facility.

Chemical dispersant use has been a controversial topic for several years. PWSRCAC has invested significant time and resources in efforts to sponsor dispersant research, monitor dispersant research, and keep track of relevant regulations and policies governing dispersant use in the Prince William Sound region. This agenda item is

600.104.141212.4-5DispGuide Changes to the ARRT’s Oil Dispersant Guidelines for Alaska 4-5 important as PWSRCAC was asked to consider amending dispersant policy through replacement the current guidelines on the use of dispersants.

This is also important to PWSRCAC as the use of dispersants holds the potential to impact the health of marine resources that member organizations and residents of our region depend upon for subsistence, food, and their living. The use of dispersants also holds the potential to compete with mechanical response or resources. PWSRCAC concerns with regard to dispersants are detailed in the Board-approved position on dispersants adopted in 2006.

3. Previous actions taken by the Board on this item: Meeting Date Action XCOM 9/26/2002 Approved Council member to present dispersant information at the 11/15/02 ARRT meeting. XCOM 10/28/2003 Approved SAC position on the Use of Chemical Dispersants. XCOM 10/28/2003 Approved 10/6/03 SAC Dispersant Position for distribution at 10/29/03 ARRT meeting. XCOM 1/21/2004 Appointed Lou Beaudry as the PWSRCAC representative to the ARRT. Board 5/2/2006 Approved and adopted the PWSRCAC Dispersant Use Statement as presented in the May 2006 PWSRCAC Board meeting packet. Board 1/22/2009 Approved “A Review of Literature Related to Oil Spill Dispersants 1997- 2008” and “A Review of Literature Related to Oil Spill Dispersants Especially Related to Alaska 2002-2003.” Board 5/18/2009 Approved John French as the PWSRCAC representative at the 5/22/09 ARRT Science and Technology Committee meeting. Board 9/16/2010 Accepted draft issue paper providing SAC’s scientific opinion on use of dispersants in the BP Deepwater Horizon spill. Board 5/2/2013 Approved “Toxicity Effects of Dispersed Alaska North Slope Oil on Fish” by Dr. Kenneth Lee, et als. Board 5/2/2013 Approved “Dispersed Oil Effects on Zooplankton” by Richard Lee of the Skidaway Institute of Oceanography. Board 1/23/2014 Approved “Embryonic crude oil exposure causes cardian hypertrophy and reduced aerobic performance in juvenile pink salmon and Pacific herring” by John Incardona and Mark Carls.

4. Summary of policy, issues, support or opposition: Although PWSRCAC’s position is opposed to the use of dispersants in our region, PWSRCAC is committed to working constructively with the ARRT to update the dispersant use guidelines. PWSRCAC participation in updating and revising Annex F provides an opportunity to assure that the guidelines are adequately robust to ensure that if a decision to use dispersants is made, that the decision is based on adequate and informed deliberation and consultation.

PWSRCAC Dispersant Use Position Statement approved by the Board on May 3, 2006 states:

“After years of observing dispersant trials, dispersant effectiveness monitoring, advising and sponsoring independent research regarding chemical dispersant use, it is the position of the Prince William Sound Regional Citizens’ Advisory Council (the Council) that dispersants should not be used on Alaska North Slope crude oil spills in the waters of our region. Until such time as chemical dispersant effectiveness is demonstrated in our region and shown to minimize adverse effects on the environment, the Council does not support dispersant use as an oil spill response option. Mechanical recovery and containment of crude oil spilled at sea should remain the primary

600.104.141212.4-5DispGuide Changes to the ARRT’s Oil Dispersant Guidelines for Alaska 4-5 methodology employed in our region.”

5. Committee Recommendation: OSPR and SAC have been briefed on this issue.

6. Relationship to LRP and Budget: N/A.

7. Action Requested of the Board of Directors: None, item is for information only.

8. Attachments: February 4, 2014 PWSRCAC comments on Revision to 1989 Oil Dispersant Guidelines

600.104.141212.4-5DispGuide