PWSRCAC questions oil spill regs review
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Organization worries whether any changes to statutes and regulations may erode high standard of oil spill preparedness in Alaska
Alan Bailey Petroleum News
The Prince William Sound Regional Citizens’ Advisory Council has expressed concern about a notice of a 90-day public scoping period, announced on Oct. 15 by the Alaska Department of Environmental Conservation. DEC wants to gather ideas for potential changes to Alaska oil spill response regulations and statutes. The agency said that it wants members of the public to suggest “whether the current regulations could be made more clear and understandable without compromising environmental protection or if any portions may be outdated or duplicative.”
PWSRCAC worries that the outcome of the review may be a diminution of the high standard of oil spill preparedness in Alaska. The council was formed in the wake of the Exxon Valdez oil spill disaster in 1989, to provide a forum for citizens to offer advice and input for the safe carriage of oil from the Valdez Marine Terminal.
Resolution passed On Oct. 29 the council passed a resolution expressing strong opposition to any legislative or regulatory changes “that erode oil spill prevention and response standards, increase the risk of a catastrophic oil spill, or demonstrate a return of the complacency on the part of the oil industry and regulators that Congress determined to be a primary cause of the Exxon Valdez oil spill.”
In a Nov. 4 press release the council said it is concerned that the regulatory reform initiative lacks specificity and transparency. The public scoping process should be halted until DEC clarifies the driving factors behind the initiative, PWSRCAC said.
“Strong statutes and regulations are a big part of why Alaska has not had a major oil spill since the Exxon Valdez disaster,” said Donna Schantz, PWSRCAC executive director. “The world-class oil spill prevention and response system for the Valdez Marine Terminal and associated oil tankers is a direct result of post-Exxon Valdez spill laws and regulations designed to protect Alaskans and our environment, as well as commercial and sport fishing, aquaculture, recreation, tourism, subsistence and cultural interests.”
Years of hard work The current oil spill response framework, established by law and progressively enhanced, is the result of “years of hard work, critical thinking and creative problem solving by a group of experienced professionals and passionate stakeholders,” the council said.
Robert Archibald, president of the PWSRCAC board, said that the protection of communities and the environment from oil spill hazards is a cost of doing business in Alaska and is not burdensome.
“Reducing any perceived burden to industry by rolling back or eliminating proven oil spill prevention and response requirements transfers the risk and burden of another oil spill to the communities, citizens and environment they were designed to protect,” Archibald said. “This initiative disregards the efforts of hundreds of Alaskans who worked tirelessly on improving regulatory requirements after the Exxon Valdez oil spill to ensure that our state would never again suffer a similar environmental disaster.”
The council encouraged the public to voice strong opposition to any legislative or regulatory changes that would erode oil spill prevention and response standards. And if changes are proposed, the public should insist that DEC provides a longer public comment period for the changes than the statutory 30 days, the council recommended.
Brune: DEC in listening mode Jason Brune, DEC commissioner, told Petroleum News on Nov. 6, that the intent of the scoping period is to gather comments from the general public, industry and environmental groups on whether laws and regulations put in place 30 years ago are still appropriate, and whether everything is fully up to date. DEC would also welcome suggestions on any useful additions to regulations, based on experience with the operation of oil spill contingency plans, he said.
While not strictly necessary, the scoping process will enable DEC to decide on whether any changes are advisable. And all comments received are being published publicly, thus making the process transparent and open, Brune said.
“This is an extra step that we’re taking to listen,” Brune said. “We’re in listening mode.”
If DEC does determine that changes to the regulations are warranted, there would be a separate process for making the changes, including an opportunity for public comment on any change proposals. Recommended changes to statutes would need to be passed by the Legislature and signed by the governor.
“We have a mission at DEC to protect human health and the environment,” Brune said. “We do not plan on gutting any of the requirements that ensure that we are adequately prepared for another major incident.”
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