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Revisions Needed to National Contingency Plan Based on Deepwater Horizon Oil Spill

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Revisions Needed to National Contingency Plan Based on Deepwater Horizon Oil Spill U.S. ENVIRONMENTAL PROTECTION AGENCY OFFICE OF INSPECTOR GENERAL Catalyst for Improving the Environment Hotline Report Revisions Needed to National Contingency Plan Based on Deepwater Horizon Oil Spill Report No. 11-P-0534 August 25, 2011 Report Contributors: Patrick Gilbride Erin Barnes-Weaver Todd Goldman Mary Anne Strasser Stephanie Wake Susan Charen Abbreviations BFT Baffled Flask Test CWA Clean Water Act EPA U.S. Environmental Protection Agency FOSC Federal On-Scene Coordinator NCP National Oil and Hazardous Substances Pollution Contingency Plan, also known as the National Contingency Plan NRT National Response Team OEM Office of Emergency Management OIG Office of Inspector General OPA Oil Pollution Act ORD Office of Research and Development OSC On-Scene Coordinator OSWER Office of Solid Waste and Emergency Response RRT Regional Response Team SFT Swirling Flask Test USCG U.S. Coast Guard Cover photo: An overhead view of the Deepwater Horizon oil spill. (U.S. Coast Guard photo) Hotline To report fraud, waste, or abuse, contact us through one of the following methods: e-mail: [email protected] write: EPA Inspector General Hotline phone: 1-888-546-8740 1200 Pennsylvania Avenue NW fax: 703-347-8330 Mailcode 8431P (Room N-4330) online: http://www.epa.gov/oig/hotline.htm Washington, DC 20460 U.S. Environmental Protection Agency 11-P-0534 Office of Inspector General August 25, 2011 At a Glance Catalyst for Improving the Environment Why We Did This Review Revisions Needed to National Contingency Plan Based on Deepwater Horizon Oil Spill The U.S. Environmental Protection Agency (EPA), Office of Inspector General What We Found (OIG), received two Hotline EPA and the manufacturer of Corexit completed required steps to include Corexit complaints on the use of products on the NCP Product Schedule. However, EPA has not updated the NCP dispersants in response to the since 1994 to include the most appropriate efficacy testing protocol. Subpart J of Deepwater Horizon oil spill in the NCP identifies requirements a manufacturer must meet to include a product on the Gulf of Mexico. We the Product Schedule, including efficacy results using the Swirling Flask Test. reviewed the steps EPA took EPA has considered revising Subpart J to change efficacy testing procedures to the to analyze the dispersant more reproducible Baffled Flask Test. However, EPA had not finalized the Corexit for inclusion on the rulemaking before the Deepwater Horizon oil spill occurred because of competing National Contingency Plan priorities and changes in management. If EPA had updated Subpart J, more (NCP) Product Schedule. We reliable efficacy data may have been available during the oil spill. also determined EPA’s role in the decision to use Corexit in Responders to the Deepwater Horizon oil spill could have used other dispersants, the response. The OIG Office but not within the applicable window of time designated by Addendum 2 to a of Counsel addressed a perjury directive issued by EPA and the Coast Guard. EPA’s involvement in the response allegation in one complaint. included issuing Joint Directives to BP, making operational decisions, and conducting additional dispersant testing. EPA involved senior officials in the Background response because (a) the Agency was not prepared for the unprecedented volume The NCP establishes national and duration of dispersant use and subsea application, and (b) additional clarity response capability and was needed on roles and responsibilities in responding to a Spill of National coordination for oil spills. The Significance. The involvement of senior EPA officials created confusion as to who NCP Product Schedule lists at EPA led response efforts for dispersant use. spill-mitigating chemicals that responders can use in carrying The OIG Office of Counsel did not find evidence supporting the perjury out the NCP, including allegation. dispersants that emulsify, disperse, or solubilize oil into We noted that EPA took proactive actions to make health and environmental data the water column. available on the Agency’s website throughout the spill response. Also, EPA demonstrated proactive efforts to improve emergency response plans. What We Recommend For further information, contact our Office of We recommend that the Office of Solid Waste and Emergency Response establish Congressional, Public Affairs, policies to review and update contingency plans incorporating lessons learned and Management at during the Deepwater Horizon oil spill, and clarify roles and responsibilities for (202) 566-2391. Spills of National Significance. We also recommend that the office take steps to revise Subpart J to incorporate the most appropriate efficacy testing protocol and The full report is at: www.epa.gov/oig/reports/2011/ capture dispersant information. We recommend that the Office of Research and 20110825-11-P-0534.pdf Development develop a research plan on long-term health and environmental effects of dispersants. The Agency generally agreed with our recommendations. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 THE INSPECTOR GENERAL August 25, 2011 MEMORANDUM SUBJECT: Revisions Needed to National Contingency Plan Based on Deepwater Horizon Oil Spill Report No. 11-P-0534 FROM: Arthur A. Elkins, Jr. Inspector General TO: Mathy Stanislaus Assistant Administrator for Solid Waste and Emergency Response Paul Anastas Assistant Administrator for Research and Development This is our report on the subject audit conducted by the Office of Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA). This report contains findings that describe problems we identified and corrective actions we recommend. This report represents the opinion of the OIG and does not necessarily represent the final EPA position. EPA managers will make final determinations on matters in this report in accordance with established audit resolution procedures. The estimated direct labor and travel costs for this report are $277,478. Action Required In accordance with EPA Manual 2750, you are required to provide a written response to this report within 90 calendar days. You should include a corrective actions plan for agreed-upon actions, including milestone dates. We will post your response on the OIG’s public website, along with our memorandum commenting on your response. Please provide your response as an Adobe PDF file that complies with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended. The final response should not contain data that you do not want released to the public; if your response contains such data, you should identify the data for redaction or removal. We have no objections to the further release of this report to the public. We will post this report to our website at http://www.epa.gov/oig. If you or your staff have any questions regarding this report, please contact Melissa Heist, Assistant Inspector General for Audit, at (202) 566-0899 or [email protected]; or Patrick Gilbride, Director, at (303) 312-6969 or [email protected]. Revisions Needed to National Contingency Plan 11-P-0534 Based on Deepwater Horizon Oil Spill Table of Contents Chapters 1 Introduction ........................................................................................................ 1 Purpose ....................................................................................................... 1 Background ................................................................................................. 1 Noteworthy Achievements ........................................................................... 5 Scope and Methodology .............................................................................. 6 2 EPA Needs to Revise Subpart J of the NCP to Include a More Appropriate Testing Procedure............................................................... 8 EPA Could Have Used a Better Testing Procedure .................................... 8 Conclusion ................................................................................................... 11 Recommendation ........................................................................................ 11 Agency Comments and OIG Evaluation ...................................................... 11 3 EPA Increased Its Involvement During Deepwater Horizon Oil Spill ............ 12 Other Dispersants Could Have Been Used but Not in the Time Afforded by the Joint Directive........................................................... 12 EPA Was Not Prepared for Unprecedented Volume and Duration of Dispersant Use and Subsea Application ....................................... 14 Additional Clarity Needed on Roles and Responsibilities for Responses to Spills of National Significance .................................... 17 Conclusion ................................................................................................... 19 Recommendations ...................................................................................... 20 Agency Comments and OIG Evaluation ...................................................... 21 Status of Recommendations and Potential Monetary Benefits.............................. 23 Appendices A Details on Scope and Methodology .................................................................. 24 B Allegation of Perjury by Senior Officials in Congressional Testimony ........ 26 C OSWER’s Response to Draft Report ................................................................ 27 D OIG Evaluation of OSWER’s Response
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