GOP & Senate Rules Defeat $60 Billion Infrastructure Funding Bill

Nov 3: Senate Republicans and rules requiring 60 votes in order to consider contested legislation combined to defeat the "infrastructure piece" (S.1769, the Rebuild America Jobs Act) [See WIMS 11/2/11] of the President's overall American Jobs Act, by a 51-49 vote. The President issued the following statement:

 

    "For the third time in recent weeks, every single Republican in the United States Senate has chosen to obstruct a jobs bill that independent economists said would boost our economy and put Americans back to work. At a time when more than a million construction workers are looking for a job, they voted "no" to putting them back to work doing the work America needs done -- rebuilding  our roads, bridges, airports and transit systems. That makes no sense.

    "It makes no sense when you consider that this bill was made up of the same kinds of common-sense proposals that many of these Senators have fought for in the past. It was fully paid for. And even though it was supported by more than 70 percent of the American people -- Republicans, Democrats, and independents -- 100 percent of Senate Republicans said no. It's more clear than ever that Republicans in Washington are out of touch with Americans from all ends of the political spectrum.

    "The American people deserve to know why their Republican representatives in Washington refuse to put some of the workers hit hardest by the economic downturn back on the job rebuilding America. They deserve an explanation as to why Republicans refuse to step up to the plate and do what's necessary to create jobs and grow the economy right now. It's time for Republicans in Congress to put country ahead of party and listen to the people they were elected to serve. It's time for them to do their job and focus on Americans' jobs.  And until they do, I will continue to do everything in my power to move this country forward."

    After voting to defeat the President's proposal, Senate Minority Leader Mitch McConnell (R-KY) offered the Republican alternative bill, S.1786, the Long-Term Surface Transportation Extension Act. That bill was also defeated along party lines by a vote of 53-47 (60-vote threshold).  In discussing the Republican alternative bill, Senator McConnell said:

    "We're going to see two very different approaches to infrastructure and job creation today. The American people can decide for themselves which one makes more sense. The Republican proposal extends the current highway bill for another two years, giving states and contractors the certainty they need to start new infrastructure projects and create jobs. The legislation Senator Hatch is proposing today puts an end to that uncertainty for the next two years. This proposal also gives states the authority to decide how this money is spent. If folks in Ohio or Kentucky want to build a bridge, Washington can't force them to build a bike path.

    "The Republican proposal accelerates the review period and clears away the bureaucratic red tape. The President admitted a few months ago that the shovel-ready projects in his first stimulus bill didn't turn out to be as shovel-ready as he thought. Our proposal helps make sure they are. Our bill prohibits the EPA from imposing burdensome and unnecessary new regulations on American cement producers and domestic boilers, so the cost of American-made materials for the projects paid for through this highway bill don't skyrocket just as they're set to begin. This bill keeps those costs down. Best of all, it's fully paid for through funds that were originally appropriated for another purpose but not spent. Whatever's left over after these projects are funded goes to pay down the deficit. . ."   

    Senator Barbara Boxer (D-CA), Chairman of the Environment and Public Works (EPW) Committee, issued a statement following the two votes saying, "It is outrageous that Republicans defeated President Obama's bill, which would put people back to work by investing in our nation's aging infrastructure. Instead of supporting the President's proposal, Republicans offered a bill that would roll back public health safeguards and cause massive job losses through draconian funding cuts to programs that help all Americans."

    Senator James Inhofe (R-OK), Ranking Member on the EPW Committee issued a lengthy statement saying in part, ". . .after today's vote on President Obama's failed infrastructure plan, I urge my colleagues to turn their attention now to a bill that is proven to create jobs and give our economy a much-needed boost. Of course, I'm talking about the bipartisan highway bill that I am sponsoring with my good friends, Senators Boxer, Vitter and Baucus. Most people are amazed at how close Senator Boxer and I are on this issue. While I appreciate President Obama's acknowledgement that infrastructure spending is highly effective at spurring job growth, it is clear that his plan was all show with no substance.  His bill was purely a political opportunity: it gave him a chance to stand in front of a bridge and make a speech about creating jobs, knowing full well that his bill would never pass. . .

    "The good news is that today's votes, on both the Democrat and Republican infrastructure bills, showed that there is a strong bipartisan majority in the Senate that supports creating jobs and strengthening our economy by rebuilding our crumbling roads and bridges.  Fortunately, Senator Boxer and I are about to unveil our highway bill, which will do just that. . ."

    Last month, Senators Boxer, Inhofe Baucus (D-MT), and Vitter (R-LA), announced that they will markup a two-year surface transportation bill, Moving Ahead for Progress in the 21st Century (MAP-21), on November 9 in the EPW Committee.

    Access the statement from the President (click here). Access the statement from Senator McConnell (click here). Access the statement from Senator Boxer including links to information on the MAP-21 proposal (click here). Access the release from Senator Inhofe (click here). Access legislative details including links to roll call votes for S.1769 (click here). Access legislative details including links to roll call votes for S.1786 (click here). [#Transport]

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President's $60 Billion In Infrastructure Funding Likely To Fail

Nov 2: As part of President Obama's "We Can't Wait" campaign, he delivered remarks in front of Washington, DC's Key Bridge and urged Congress to pass the transportation piece of the American Jobs Act (AJA), which he said would make an immediate investment of $50 billion in the nation's transportation infrastructure and a $10 billion investment to create a bipartisan National Infrastructure Bank. He indicated that together, the initiatives would put hundreds of thousands of construction workers back on the job rebuilding our roads, rails, and runways.

    A White House release reports that according to the U.S. Department of Transportation's Federal Highway Administration, the Key Bridge is in need of crucial repairs and maintenance work. In order to ensure the Key Bridge remains both safe and functional well into the future, the District Department of Transportation (DDOT) proposed a $20 million project to rehabilitate and repair critical portions of the bridge. However, the city is deferring this maintenance to 2015 due to a lack of funds. If Congress passes this bill, DDOT could make these critical repairs more quickly and put Americans back to work as early as 2013.

    The President said, "Construction workers have been among the Americans hit hardest over the past few years. And that makes no sense when there's so much of America that needs rebuilding. This week, Congress has the chance to do something about it and pass a bill that will put hundreds of thousands of construction workers back to work rebuilding our roads, bridges, airports and transit systems. It's a bill that includes the kinds of ideas both parties have voted for in the past, it's paid for, and its ideas are supported by an overwhelming majority of the American people. It's time for Congress to act."

    The White House released a report entitled, Recent Examples of the Economic Benefits From Investing In Infrastructure, to highlight the importance of rebuilding roads, bridges, railways, and airports across the nation. The report states, "In order to meet the needs of a growing economy, there is an ongoing need for new investments to maintain, upgrade, and expand the nation's stock of transportation infrastructure." The report highlights projects from Arizona, D.C., Florida, Illinois, Indiana, Kentucky, Louisiana, Maryland, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and West Virginia.

    The Administration also announced several "common-sense steps" it has taken to improve the process of reviewing and approving transportation projects, help cut red tape, and leverage additional private sector funding in order to promote private sector growth and job creation. The steps include:

• Directing the U.S. Department of Transportation (DOT) to award $527 million in competitive TIGER grants by the end of 2011 -- months ahead of schedule. The TIGER program puts American workers back on the job by helping to rebuild our nation's roads and bridges, and working on innovative projects like streetcar and light rail systems. This year, DOT received about 1,000 applications, including at least one from every state.
• Directing DOT to shorten the application process for the 2012 round of TIFIA funding [Transportation Infrastructure Finance And Innovation Act], which will accelerate projects and put workers back on the job more quickly. TIFIA provides up to one-third of the financing needed for bridge, tunnel, toll, transit, and other large-scale transportation projects. That means the annual funding level of $110 million in TIFIA funds can support projects totaling up to $3 billion in construction.
• Establishing a Transportation Rapid Response Team to expedite reviews of surface transportation projects. Co-chaired by the Council on Environmental Quality and the U.S. Department of Transportation, the team will identify and implement best practices to improve the transparency, efficiency and effectiveness of environmental review and permit decisions for transportation projects, protecting public health and putting Americans back to work.

    On the motion to proceed S.1769, the Rebuild America Jobs Act.the Senate Majority Leader Harry Reid (D-NV) said, "I hope we can work out something to have a vote on this most important measure. It is very important. This is a piece of legislation that the entire population of America supports by a ratio of some 76 percent. Republicans support it; Democrats support it; Independents support it. The only people in the world who do not support it are Republicans here in the Senate. So I hope we can work out something and move to this and it would be unnecessary for us to have to have cloture invoked or try to have cloture invoked." Senator Reid indicated that a cloture vote would be held on Thursday morning (November 3) if some deal between Democrats and Republican cannot be worked out.

 

    In a separate release, Senator Reid said, "Tomorrow the Senate will vote on the Rebuild America Jobs Act, a plan to put hundreds of thousands of Americans back to work constructing thousands of miles of roads and bridges, runways and train tracks. The plan is paid for with a small tax -- less than a penny -- on every dollar a person earns in excess of $1 million a year. The legislation asks millionaires and billionaires to contribute just a little bit more than they do today, knowing there is a price tag associated with getting our economy back on track. My Republican colleagues say they oppose this plan to hire hundreds of thousands of construction workers and rebuild our nation's collapsing infrastructure because they believe the wealthiest Americans can't afford to pay a few pennies more. But even the majority of the people who would pay this tax say that simply isn't true. They support our plan. . .

 

    "So, tomorrow my Republican colleagues will face a choice. The choice is not whether to invest in roads or bridges, or whether the richest of the rich can spare a few dollars for the sake of our economy. The choice is about priorities. Who will Republicans put first — the millions of ordinary Americans struggling to find work and put food on the table? Or the millionaires and billionaires whose biggest problem is that they may have to pay an additional $7,000 on the second million they make each year?. . . Seventy-two percent of Americans, including 54 percent of Republicans, want us to pass this plan. And 76 percent of them, including 56 percent of Republicans, want us to pay for it by asking the nation's wealthiest citizens to contribute their fair share. . ."

 

    Senate Minority Leader Mitch McConnell (R-KY) did not respond to Senator Reid's remarks directly, but instead urged the Senate to take up what Republicans are calling the House-passed "Forgotten 15" -- referring to 15 bills that have bee passed in the House and are now waiting to be considered in the Senate [See WIMS 10/28/11]. Senator McConnell said, ". . .the Republican Majority in the House of Representatives has been passing bills that actually have a chance of gaining bipartisan support and becoming law. They're actually trying to get something done.

    "Unlike the President and the Democrats who run the Senate, House Republicans are designing legislation to pass, rather than fail. They want to make a difference rather than a point. And the only thing keeping these bills from becoming law is the fact that Democrats in the Senate won't take them up. We know the President's strategy. His so-called jobs bill has one purpose: to divide us. Just this morning, I read a story that quoted some Democrat operative almost bragging about the fact that they don't except any of the legislation the President's been out there talking about on his bus tour to pass. They openly admit these bills are designed to fail.

    "It's not exactly a state secret that Republicans -- and yes, some Democrats -- don't think we should be raising taxes right now on the very people we're counting on to create the jobs we need to get us out of a jobs crisis. And yet the one thing that every single proposal Democrats bring to the floor has in common is that it does just that. So the Democrats' plan is to keep putting bills on the floor they know ahead of time we'll vote against, instead of trying to solve the problem. And they don't even hide it. The President's top strategist actually issued a memo a few weeks ago saying the President would use this legislation not as a way to help people but as a way to pummel Republicans. Meanwhile, House Republicans have passed bill after bill that are actually designed to do something. . . [Senator McConnell listed the 15 bills passed by the House]

    "This is just the latest example of a simple, bipartisan bill that struggling businesses are begging us to pass.  But that Senate Democrats are holding up right now because it doesn't fit with their story line. "I'm not saying they have to vote on every one of these bills just as they are. There's an amendments process for that. "But why not take them up? "Everyone would help create jobs. And none of them would raise taxes. . .

    "What we're witnessing in Washington right now is two very different styles of governance: a Republican majority in the House that believes we should actually do something about the problems we face, and which has put together and actually passed bipartisan legislation that would help address those problems. And a Democratic Majority in the Senate that's teamed up with the White House on a strategy of doing nothing -- all for the sake of trying to score political points and spread the blame for an economy that their own policies have cemented into place as they look ahead to an election that's more than a year away. . ."

    Access a release from the White House (click here). Access the White House report on infrastructure projects (click here). Access a release from Sen. Reid (click here). Access the complete statement and video from Sen. McConnell (click here). Access legislative details for S.1769 (click here). [#Transport]

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EPA Guidance On Wastewater & Stormwater Runoff Releases

Oct 28: U.S. EPA announced a commitment to using an integrated planning process to help local governments dealing with difficult financial conditions identify opportunities to achieve clean water by controlling and managing releases of wastewater and stormwater runoff more efficiently and cost effectively. EPA said the integrated planning process, outlined in a guidance memo to EPA's regional offices from EPA's Office of Water and Office of Enforcement and Compliance, will help municipalities prioritize infrastructure investments to address the most serious water quality issues and provide flexibility to use innovative, cost-effective stormwater and wastewater management solutions. 

    EPA Deputy Administrator Bob Perciasepe said, "EPA is firmly committed to helping local governments identify opportunities to achieve clean water using a comprehensive integrated planning approach. An integrated approach allows communities to prioritize their investments to address the most serious water issues first and provides flexibility to use innovative, cost-effective storm- and wastewater management solutions – including green infrastructure."

    EPA indicates that aging sewer systems, not designed to handle heavy rain and snowfall in addition to handling the wastewater from growing populations and local industries, can overflow, releasing untreated sewage into waterways, onto city streets or into the basements of homes. As the runoff flows over the land or impervious surfaces, including paved streets, parking lots, and building rooftops, it accumulates debris, chemicals, sediment and other pollutants. Overflows and stormwater can carry a variety of harmful pollutants, including bacteria, metals and nutrients that threaten communities' water quality and can contribute to disease outbreaks, beach and shellfish bed closings, flooding, and fishing or swimming advisories.

    To better protect water quality, EPA said it will work with local governments to review the Clean Water Act requirements that each municipality must comply with and look for opportunities to improve the efficiency and effectiveness of solutions developed to meet those obligations. This integrated approach will identify efficiencies where more than one water quality issue can be addressed by the same solution and where competing requirements may exist, including how to best make capital investments and meet operation and maintenance requirements.

    EPA said that integrated planning approaches can also have other benefits, like leading to the identification of innovative, sustainable solutions that improve water quality and enhance community vitality. Green infrastructure, such as green roofs, rain gardens, planter boxes, and permeable pavement, is an example of an integrated solution that can reduce, capture, and treat stormwater runoff at its source before it can reach the sewer system. Green infrastructure provides a cost effective way to reduce overflows and add green space in communities.

 

    Access a release from EPA (click here). Access the EPA Guidance Memo (click here). Access more information on green infrastructure (click here). [#Water]

 

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EPA Proposes Options For NPDES CAFO Reporting Rule

Oct 21: U.S. EPA has issued a proposed rule options [76 FR 65431-65458] regarding National Pollutant Discharge Elimination System (NPDES) permits and the Reporting Rule for Concentrated Animal Feeding Operation (CAFO). EPA co-proposes two options for obtaining basic information from CAFOs to support EPA in meeting its water quality protection responsibilities under the Clean Water Act (CWA). EPA indicates that the purpose of the co-proposal is to improve and restore water quality by collecting facility-specific information that would improve EPA's ability to effectively implement the NPDES program and to ensure that CAFOs are complying with the requirements of the CWA.

 

    Comments on the proposed action must be received on or before December 20, 2011. EPA plans to hold two Webinars in November, 2011 to provide an overview of, and answer questions about, the proposed rule requirements. The webcasts are scheduled for November 9 and 17, 2011, from 1:00-2:30 PM Eastern time. The webcasts are intended open for registration at this time (see link below).

 

    EPA co-proposes two options by which the Agency may achieve today's rule objectives: Option 1 would apply to all CAFOs; Option 2 would identify focus watersheds where CAFO discharges may be causing water quality concerns and EPA could use its section 308 authority to obtain information from CAFOs in these areas. EPA indicates that it recognizes that there may be other ways to achieve this objective, and the Agency solicits comment on alternative approaches to meet the objectives of the proposed rule. Such alternative approaches may require rulemaking. EPA would consider any such suggested alternative approaches in developing the final rule. EPA describes three such alternative approaches and seeks public comment on those approaches.

 

    EPA is proposing the rues in response to a settlement agreement with environmental groups that commits EPA to propose, by October 14, 2011, a rule under section 308 of the CWA, to require all owners or operators of CAFOs, whether or not they have NPDES permits, to submit certain information to EPA. EPA committed to take final action on the rule by July 13, 2012.

 

    In 2008, EPA issued revised regulations in response to the Waterkeeper decision [i.e. February 2005, U.S. Court of Appeals for the Second Circuit decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2d Cir. 2005)] Among other changes, the revised regulations required only those CAFOs that discharge or propose to discharge to obtain an NPDES permit. Subsequently, environmental groups and industry filed petitions for review of the 2008 rule, which were consolidated in the U.S. Court of Appeals for the Fifth Circuit. EPA signed a settlement agreement with the environmental petitioners in which EPA committed to propose a rule, pursuant to CWA section 308, that would require CAFOs to provide certain information to EPA. The settlement agreement provides the context and timeline for this proposed rulemaking.

 

    On March 15, 2011, the Fifth Circuit Court of Appeals vacated the requirement in EPA's 2008 CAFO rule that CAFOs that "propose" to discharge obtain NPDES permits and held that CAFOs are not liable under the CWA for failing to apply for NPDES permits. Nat'l Pork Producers Council (NPPC) v. EPA, 635 F.3d 738 (5th Cir. 2011). The Fifth Circuit held that there must be an "actual discharge to trigger the CWA requirement to obtain a permit." [See WIMS 3/16/11].

       

    Access the FR announcement for complete details and commenting instructions (click here). Access registration details for the webinars (click here). Access a fact sheet on the proposal (click here). Access a Q&A document (click here). Access EPA's CAFO Rulemaking website for complete background (click here). Access EPA's docket for this action with additional background and to review and submit comments (click here). [#Water, #Agriculture/CAFO]

 

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EPA Schedule For WWTP Standards For Natural Gas Wastewater

Oct 20: EPA Administrator Lisa Jackson issued a statement saying, "The president has made clear that natural gas has a central role to play in our energy economy. That is why we are taking steps -- in coordination with our federal partners and informed by the input of industry experts, states and public health organizations -- to make sure the needs of our energy future are met safely and responsibly. We can protect the health of American families and communities at the same time we ensure access to all of the important resources that make up our energy economy. The American people expect and deserve nothing less."

    EPA said in the statement that recent technology and operational improvements in extracting natural gas resources, particularly shale gas, have increased gas drilling activities across the country. Production from shale formations has grown from a negligible amount just a few years ago to almost 15 percent of total U.S. natural gas production and this share is expected to triple in the coming decades. EPA said, "The sharp rise in domestic production has improved U.S. energy security and created jobs, and as with any resource the Administration is committed to ensuring that we continue to leverage these resources safely and responsibly, including understanding any potential impact on water resources."

    Re: Shale Gas Standards - Currently, wastewater associated with shale gas extraction is prohibited from being directly discharged to waterways and other waters of the U.S. While some of the wastewater from shale gas extraction is reused or re-injected, a significant amount still requires disposal. As a result, some shale gas wastewater is transported to treatment plants (i.e. wastewater treatment plants, WWTP), many of which are not properly equipped to treat this type of wastewater. EPA will consider standards based on demonstrated, economically achievable technologies, for shale gas wastewater that must be met before going to a treatment facility.

    Re: Coalbed Methane Standards - Wastewater associated with coalbed methane extraction is not currently subject to national standards for being directly discharged into waterways and for pre-treatment standards. Its regulation is left to individual states. For coalbed methane, EPA will be considering uniform national standards based on economically achievable technologies.

    Information reviewed by EPA, including state supplied wastewater sampling data, have documented elevated levels of pollutants entering surface waters as a result of inadequate treatment at facilities. To ensure that these wastewaters receive proper treatment and can be properly handled by treatment plants, EPA will gather data, consult with stakeholders, including ongoing consultation with industry, and solicit public comment on a proposed rule for coalbed methane in 2013 and a proposed rule for shale gas in 2014.

    EPA said the schedule for coalbed methane is shorter because EPA has already gathered extensive data and information on coalbed methane. EPA will take the additional time to gather comparable data on shale gas. In particular, EPA will be looking at the potential for cost-effective steps for pretreatment of this wastewater based on practices and technologies that are already available and being deployed or tested by industry to reduce pollutants in these discharges.

    EPA said the announcement is part of the effluent guidelines program, which sets national standards for industrial wastewater discharges based on best available technologies that are economically achievable. EPA is required to publish a biennial outline of all industrial wastewater discharge rulemakings underway. EPA has issued national technology-based regulations for 57 industries since 1972. These regulations have prevented the discharge of more than 1.2 billion pounds of toxic pollutants each year into US waters. EPA publishes an Effluent Guidelines Program Plan (Plan) every other year. The Plan is required by Section 304(m) of the Clean Water Act. EPA last published a Plan in 2008. EPA published a preliminary 2010 Plan for public comment on December 28, 2009, and is now publishing the final "2010 Plan" (October 20, 2011).  

    Access the announcement from EPA (click here). Access extensive background information and document related to the Final 2010 Effluent Guidelines Program Plan, including a prepublication copy of the Federal Register notice, fact sheet, supporting documents and more (click here). [#Water, #Energy/NatGas]

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Researcher Says BP Spill Is 70,000 - 120,000 Barrels/Day

May 19: The House Energy & Commerce Committee, Environment and Energy Subcommittee, Chaired by Representative Ed Markey (D-MA) held a hearing entitled, Sizing up the BP Oil Spill: Science and Engineering Measuring Methods. Witnesses testifying before the Subcommittee included: Steve Wereley, Associate Professor of Mechanical Engineering, Purdue University; Richard Camilli, Associate Scientist, Applied Ocean Physics and Engineering, Woods Hole Oceanographic Institution; Michael Freilich, Director of the Earth Science Division, NASA; and Frank Muller-Karger, Professor of Biological Oceanography and Remote Sensing, University of South Florida.

    Prior to the hearing Chairman Markey had sent a letter to BP America's CEO Lamar McKay asking that the company make a live stream of video from the oil leak site publicly available to give unfettered access of the accident and recovery to scientists and the American public. Markey said BP currently has several remotely controlled submersibles taking video of the accident site 24 hours a day, but has only released a fraction of the video. Markey also sent a letter to Admiral Thad Allen of the Coast Guard on the matter.

    Markey said in the letter, "Allowing the public to view this video could provide our best scientists and engineers with information that could be helpful in developing much needed solutions to the ongoing oil spill, both in terms of subsea operations and surface spill response. Congress and the American public have the right to know what is happening in real time, so that they can understand and react to the situation as it develops."

    While BP and government officials continue to claim that the best estimate of the flow rate of the Gulf oil spill is 5,000 barrels per day [See WIMS 5/19/10], Steve Wereley from Purdue University said he is confident that the rate is an "order of magnitude" higher than the BP estimate. He said, he can see no scenario where the BP estimate is accurate. He said his current estimate is in the range of 70,000 to 120,000 barrels per day. Also, while BP and government officials have also testified that they are not that concerned about the rate of the leak because they are already responding to a "worst case" situation; the research experts seem to all dispute that position and agreed that the flow rate of the leak would be important to know. Other witnesses testified on satellite mapping of the oil spill and the dynamics of the "loop current," as well as concerns about contamination under the surface and a water column of contamination that may exist.

    On May 20, BP reported the volume of oil and gas being collected by the riser insertion tube tool (RITT) containment system at the end of the leaking riser is estimated to be about 3,000 barrels a day (b/d) of oil and some 14 million standard cubic feet a day of gas. The oil is being stored and gas is being flared on the drillship Discoverer Enterprise. BP said this remains a new technology and both its continued operation and its effectiveness in capturing the oil and gas remain uncertain. BP also said it continues to develop options to shut off the flow of oil from the well through interventions via the failed Blowout Preventer (BOP).

    Access the hearing website and link to all testimony and a webcast (click here). Access a release from Chairman Markey before and after the hearing (click here) and (click here). Access the Markey letter to BP and the Coast Guard (click here) and (click here). Access Markey's Global Warming website for the live video feed which (click here). Access a release from BP (click here). Access the BP response website (click here). Access the Unified Command website for the latest updates (click here). [*Energy/Oil, *Water, *Wildlife]

House T&I Hearing On BP Gulf Spill & Latest Updates

May 19: The House Committee on Transportation and Infrastructure, Chaired by Representative James Oberstar (D-MN) held an all-day hearing to examine the circumstances surrounding the ongoing spill of crude oil from the Deepwater Horizon, including potential environmental effects, ongoing response actions, long-term cleanup challenges, and potential natural resource damages. Among other issues, the Committee examined the regulatory framework governing the safety functions of mobile offshore drilling units, the preparations made by the owners and operators of MODUs to respond to potential oil spills, and the liability responsibilities incurred by the owners and operators in the event of an oil spill. The Committee also looked at the Coast Guard's work with the Mineral Management Service and other federal agencies to implement regulations governing the management of offshore oil production facilities, as well as federal oversight and management of the ongoing oil recovery and cleanup actions of the responsible parties.

    Witnesses testifying at the hearing included: BP President Lamar McKay; Transocean Ltd. President Steven Newman; EPA Administrator Lisa Jackson; Dr. Jane Lubchenco, NOAA Administrator; S. Elizabeth Birnbaum, Director of Minerals Management Service; as well as representatives from the U.S. Coast Guard; National Geographic Society; National Wildlife Federation; Gerica Seafood of New Orleans; University of Maryland Center for Environmental Science; and the Coastal Response Research Center University of New Hampshire.

    Representative Oberstar said, "The magnitude of the Deepwater Horizon oil spill is unknown, but it appears to be a massive environmental disaster that is causing serious damage to the U.S. economy and the natural resources of the Gulf Coast region. Because this oil spill could jeopardize the livelihoods and environment of thousands of Americans who live in the region, we must closely examine what caused the disaster, the effectiveness of response of the companies responsible for the spill and the Federal government, and what steps must be taken to avoid a similar catastrophe in the future. This hearing will be a comprehensive, in-depth examination of the circumstances surrounding this oil spill, and we will hear testimony from representatives of the Federal government, industry executives, the scientific community, fishermen, and nongovernmental stakeholders."

    Oberstar continued saying, "In recent years, the T&I Committee has found several examples of an inappropriate coziness between industry and the entity that bears the responsibility of regulating that industry. The MMS has long been criticized of being too cozy with the oil drilling industry, and evidence is emerging that indicates MMS was aware of the potential failures of blowout preventers. Because the spill occurred in coastal waters, the Coast Guard is serving as the federal On-Scene Coordinator and is responsible for overseeing clean up efforts. We will examine how well MMS and the Coast Guard are addressing their joint responsibilities for oil discharge planning, preparedness, and response for offshore oil and gas."

    In other Gulf Oil developments, President Obama expressed his disappointment in the failure of the Senate to pass legislation to raise the liability limits for oil spills. The President said, "I am disappointed that an effort to ensure that oil companies pay fully for disasters they cause has stalled in the United States Senate on a partisan basis. This maneuver threatens to leave taxpayers, rather than the oil companies, on the hook for future disasters like the BP oil spill. I urge the Senate Republicans to stop playing special interest politics and join in a bipartisan effort to protect taxpayers and demand accountability from the oil companies." [See WIMS 5/14/10]. In its testimony before the T&I Committee, BP testified that it would not be using the Oil Liability Trust Fund and would pay all legitimate claims and would not in any way limit it liability to $75 million.

    Also, the American Petroleum Institute (API) President and CEO Jack Gerard issued a statement of support for President Obama's decision to form a presidential commission to investigate the Gulf oil spill [See WIMS 5/18/10]. "We support the president's decision to set up an independent commission to investigate the Gulf oil spill. Finding out what exactly happened in the tragic Deepwater Horizon blowout and spill is of paramount importance. While many Americans are understandably concerned about safety and the environmental risk associated with offshore drilling, we hope policymakers use the valuable independent insights that will result from the commission's work to inform the legislative and regulatory process to ensure that decisions made do not have the unintended consequence of reducing domestic energy supplies, weakening our energy security and costing some of the 9.2 million American jobs supported by the U.S. oil and natural gas industry." [Note: The President is expected to officially call for the independent commission soon].

    Access a release from the T&I Committee (click here). Access the hearing website and link to all testimony, a summary of the subject matter and a webcast (click here). Access an AP report on the hearing and latest events (click here). Access a statement from the President (click here). Access the API statement (click here). Access the White House website on the BP spill which contains links to all Federal agency response websites (click here). Access the BP response website (click here). Access the Unified Command website for the latest updates (click here).

Presidential Commission & Congressional Hearings On BP Oil Spill

May 17: Various media reports including the New York Times and Associated Press indicate that President Obama will establish by Executive Order, within the next two days, an independent commission to investigate the BP Gulf oil spill and the governments role in the matter. On May 4, Daniel Weiss, of the Center for American Progress (CAP's) Director of Climate Strategy, wrote, "We need an independent commission to investigate the BP disaster." Now CAP reports on its Climate Progress blog that the White House is doing just that. CAP indicated that the White House indicated that the President's action will occur on Tuesday or Wednesday.

 

    Representative Ed Markey (D-MA) issued a release saying the President's action would Follow legislation introduced by him and Representative Lois Capps (D-CA), calling for the President to appoint an independent commission to look into the BP oil spill in the Gulf of Mexico and make recommendations to avoid such disasters in the future. Markey said, "Whether it's a nuclear meltdown at Three Mile Island or an oil blowout one mile deep, appointing an independent review panel is critical to reduce the risks of future accidents. Following the Three Mile Island nuclear meltdown, President Carter appointed an independent panel to investigate the cause of the meltdown and recommend safety improvements. President Obama creating an independent blue-ribbon panel on this oil spill will help provide the recommendations to ensure that similar disasters do not happen again." Markey and Capps introduced the BP Deepwater Horizon Disaster Inquiry Commission Act of 2010 (H.R. 5241) on May 6, 2010. Senators Sheldon Whitehouse (D-RI), with cosponsors Barbara Boxer (D-CA), and Robert Menendez (D-NJ), has introduced a companion proposal, S. 3344.

 

    Frances Beinecke, President of the Natural Resources Defense Council (NRDC) issued a statement saying, "The magnitude of the Gulf oil drilling disaster demands an equally sizable response by the White House. The establishment of a presidential commission to investigate this disaster, as was done following the Three Mile Island and Challenger disasters, is a critical step to providing an independent, unbiased assessment of what happened and how such disasters can be averted in the future. To be effective, the commission should be charged with examining the causes of the current spill as well as the adequacy of oil spill containment and clean-up measures. We also need the commission to determine whether and how such spills can be avoided in the future. And it needs to assess the implications of its findings for drilling in, or adjacent to sensitive or ecologically important areas, including in the Arctic. Finally, the commission should be called on to make recommendations on how to strengthen laws, regulations and reform agency oversight in order to keep this from happening again."

 

    Today (May 18), three Senate Committees -- Energy and Natural Resources (ENR); Commerce, Science, and Transportation (CST); and Environment and Public Works (EPW) -- are all holding hearings to examine the BP oil spill. The ENR hearing will feature testimony from Ken Salazar, Secretary, U.S. Department of the Interior. The CST hearing features the heads of the Coast Guard and NOAA, along with the heads of BP, Transocean and a principal with Applied Science Associates, Inc. The EPW hearing includes the representatives from EPA, DOI CEQ, Army Corps, Coast Guard and the Economic Development Administration.

 

    In addition to the Congressional hearings, Representative Markey also queried the U.S. EPA on May 17, on the dangers of applying oil-dispersing chemicals deep underwater as an effort to mitigate the Gulf of Mexico oil spill. In the letter sent to EPA Administrator Lisa Jackson, Markey raises questions about the potential toxicity of the trademarked formulation, called Corexit, and whether the chemical could be contributing to new reports of large undersea "plumes" of oil suspended thousands of feet below the water's surface. Markey said, "The release of hundreds of thousands of gallons of chemicals into the Gulf of Mexico could be an unprecedented, large and aggressive experiment on our oceans. The information regarding the chemical composition, efficacy and toxicity of the dispersants currently being used is scarce."

 

    In a release the same day, EPA and the Coast Guard announced they had authorized BP to use dispersants underwater, at the source of the Deepwater Horizon leak. The agencies said, "Dispersants are generally less harmful than the highly toxic oil leaking from the source and they biodegrade in a much shorter time span. The use of the dispersant at the source of the leak represents a novel approach to addressing the significant environmental threat posed by the spill." [See WIMS 5/17/10].

 

    Access a release from CAP's Climate Progress with links to related information (click here). Access a release from Representative Markey (click here). Access a release from Senator Whitehouse (click here). Access a release from NRDC (click here). Access the ENR hearing website for links to testimony and a webcast (click here). Access the CST hearing website for links to testimony and a webcast (click here). Access the EPW hearing website for links to testimony and a webcast (click here). Access a release from Rep. Markey and link to the letter to EPA (click here). Access the White House website on the BP spill which contains links to all Federal agency response websites (click here). Access the BP response website (click here).

BP Intercepts Some Flow; Disastrous Gulf Oil Spill Continues

BP Intercepts Some Flow; Disastrous Gulf Oil Spill Continues - May 17: In a release and additional information, BP provided an update on developments in the response to the MC252 oil well incident in the Gulf of Mexico. BP indicates that subsea efforts continue to focus on progressing options to stop the flow of oil from the well through interventions via the blow out preventer (BOP), and to collect the flow of oil from the leak points. The efforts are being carried out in conjunction with governmental authorities and other industry experts.

    The riser insertion tube tool (RITT) containment system was put into place in the end of the leaking riser on May 16. Operations began during the day to allow oil and gas to flow through the tool up to the drillship Discoverer Enterprise on the surface 5,000 feet above. Produced oil, estimated currently at 1,000 barrels per day, is being stored on the drillship while produced gas is being flared. It is expected that it will take some time to increase the flow through the system and maximize the proportion of oil and gas flowing through the broken riser that will be captured and transported to the drillship. It should be noted that, BP and government agencies are still using the figure of 5,000 barrels per day as the rate of the leak; however, other reputable sources are estimating far more (i.e. between 20,000 to 100,000 barrels per day).

    The RITT is a fabricated from 4-inch diameter pipe, fashioned to allow one end to be inserted into the broken riser pipe that is the source of the main oil flow from the MC252 well, and the other to be connected to a drill pipe and riser from the Discoverer Enterprise. The RITT allows the injection of methanol to mitigate against the formation of gas hydrates. This remains a new technology and both its continued operation and its effectiveness in capturing the oil and gas remains uncertain. Other containment options continue to be progressed.

    BP indicates it also continues to develop options to shut off the flow of oil from the well through interventions via the well's failed BOP. Plans continue to be developed for a so called "top kill" operation where heavy drilling fluids are injected into the well to stem the flow of oil and gas, followed by cement to seal the well. Options have also been developed to potentially combine this with so-called "junk shot", the injection under pressure of a variety of materials into the BOP to seal off upward flow. Plans for deployment of these options are being progressed with the possibility of deployment in the next week or so. Work on the first relief well, which began on May 2, continues. The DDII drilling rig began drilling the second relief well on May 16. Each of these wells is estimated to take some three months to complete from the commencement of drilling.

 

    BP reports that surface response work continues to collect and disperse oil that has reached the surface of the sea. Over 650 vessels are involved in the response effort, including skimmers, tugs, barges and recovery vessels. Intensive operations to skim oil from the surface of the water have now recovered, in total, some 151,000 barrels (6.3 million gallons) of oily liquid. The total length of boom deployed as part of efforts to prevent oil reaching the coast is now almost 1.7 million feet, including over 400,000 feet of sorbent boom. In total over 19,000 personnel from BP, other companies and government agencies are currently involved in the response to the incident. BP said that so far 15,000 claims have been filed and 2,600 have already been paid. BP has also received almost 60,000 calls into its help lines.

 

    Meanwhile concerns have been raised about reports of a large subsurface mass of oil. NOAA Administrator Jane Lubchenco issued a statement on the ongoing efforts to monitor subsea impacts of the BP Oil Spill and said, "Media reports related to the research work conducted aboard the R/V Pelican included information that was misleading, premature and, in some cases, inaccurate. Yesterday the independent scientists clarified three important points: (1) No definitive conclusions have been reached by this research team about the composition of the undersea layers they discovered. Characterization of these layers will require analysis of samples and calibration of key instruments. The hypothesis that the layers consist of oil remains to be verified.

    "(2) While oxygen levels detected in the layers were somewhat below normal, they are not low enough to be a source of concern at this time. (3) Although their initial interest in searching for subsurface oil was motivated by consideration of subsurface use of dispersants, there is no information to connect use of dispersants to the subsurface layers they discovered. NOAA thanks the Pelican scientists and crew for repurposing their previously scheduled mission to gather information about possible impacts of the BP oil spill. We eagerly await results from their analyses and share with them the goal of disseminating accurate information. 

    "NOAA continues to work closely with EPA and the federal response team to monitor the presence of oil and the use of surface and sub-surface dispersants. As we have emphasized, dispersants are not a silver bullet. They are used to move us towards the lesser of two environmental outcomes. Until the flow of oil is stemmed, we must take every responsible action to reduce the impact of the oil."

    This afternoon (May 17), Janet Napolitano, U.S. Department of Homeland Security; Rear Admiral Peter Neffenger, Deputy National Incident Commander, U.S. Coast Guard; and Lamar McKay, Chairman and President of BP America, Inc. testified before the Senate Committee on Homeland Security and Governmental Affairs, chaired by Senator Joe Lieberman (I-CT) with Ranking Member Susan Collins (R-ME). 

    Also today, U.S. EPA and the U.S. Coast Guard announced they have authorized BP to use dispersants underwater, at the source of the Deepwater Horizon leak. The agencies said oil spill dispersants are chemicals that attempt to break down the oil into small drops and prevent it from reaching the surface or the U.S. shoreline. The agencies said, "Dispersants are generally less harmful than the highly toxic oil leaking from the source and they biodegrade in a much shorter time span. The use of the dispersant at the source of the leak represents a novel approach to addressing the significant environmental threat posed by the spill. Preliminary testing results indicate that subsea use of the dispersant is effective at reducing the amount of oil from reaching the surface – and can do so with the use of less dispersant than is needed when the oil does reach the surface. This is an important step to reduce the potential for damage from oil reaching fragile wetlands and coastal areas."

    Access the latest BP update release (click here). Access a fact sheet on the RITT (click here). Access the statement from the NOAA Administrator (click here). Access the Committee on Homeland Security website for links to all testimony and a webcast (click here). Access a release from EPA & the Coast Guard with links to additional information (click here). Access the joint command website for continuous updates, briefings, photos and more (click here). Access 40 high resolution Reuters photos that capture the Gulf disaster (click here).

Senate Hearings On BP Gulf Oil Blowout & Spill

May 11: The Senate Energy & Natural Resources (ENR) Committee, Chaired by Senator Jeff Bingaman (D-NM) with Ranking Member Lisa Murkowski (R-AK) held a hearing to review current issues related to offshore oil and gas development including the Department of the Interior's recent five year planning announcements and the accident in the Gulf of Mexico involving the offshore oil rig Deepwater Horizon (SR-325) [See WIMS 5/10/10]. Witnesses testifying at the hearing included: Dr. F.E. Beck - Associate Professor, Texas A&M University; Elmer Danenberger - Former Chief, Offshore Regulatory Program, Minerals Management Service (MMS); Lamar McKay - President and Chairman , BP America, Inc.; Steven Newman - President and Chief Executive Officer, Transocean Limited; and Tim Probert - President, Global Business Lines; Chief Health, Safety and Environmental Officer, Halliburton.

    In his statement, MMS's Danenberger who retired in January indicated that he had closely followed the investigation of the Montara blowout in the Timor Sea northwest of Australia and the ongoing Deepwater Horizon (DWH) blowout in the Macondo field in the Gulf of Mexico. He said he wanted to "express my disappointment in certain media comments directed at my former MMS colleagues. These comments have not only been ill-informed and unsubstantiated, but malicious.  Without hesitation, I can tell you that MMS regulatory personnel - inspectors, engineers, scientists, and others – are 100% committed to their safety and pollution prevention mission.

    He indicated that he had written several papers on blowout occurrence rates and causes. The most recent paper reviews the blowout record during the 15-year period from 1992-2006.  He said, "According to these data, well control performance for deepwater drilling was significantly better than for shallow water operations. There were no fatalities or major spills associated with deepwater drilling blowouts during the 15-year study period."

    He commented on various media reports regarding the lack of an "acoustic switch" backup system [See WIMS 5/3/10] and said "At this time, there is no evidence that such systems would have made a difference in this incident. Attempts to close BOPs [blowout preventers] were reportedly made prior to the DWH evacuation. The BOP should have also been signaled when the rig lost power and when the riser disconnected. It is unlikely that additional signals sent acoustically to the stack would have prevented the blowout."

 

    BP's McKay testified that, "Our subsea efforts to stop the flow of oil and secure the well have involved four concurrent strategies: (1)  Working to activate the blow-out preventer (BOP) on the well using submersible ROVs. This would be the preferred course of action, since it would stop or diminish the flow at the source on the ocean floor. Unfortunately, this effort has so far not proved successful. (2) Work continues on a subsea oil recovery plan using a containment system, placing large enclosures or containment chambers atop the leaks and conducting flow from the ocean floor to a ship at the surface through a pipe. As we anticipated, however, there have been technical challenges. This system has never been used before at 5,000 feet. Engineers are now working to see if these challenges can be overcome. (3) We have begun to drill the first of two relief wells to permanently secure the well. These wells are designed to intercept the original MC252 #1 well. Once this is accomplished, a specialized heavy fluid will be injected into the well bore to stop the flow of oil and allow work to be carried out to permanently cap the existing well. On Sunday, May 2nd, we began drilling the first of these wells. A second drillship will mobilize to the area to begin the second relief well later this week. This relief well operation could take approximately three months. (4) A fourth effort is known as a "top kill." It is a proven industry technique for capping wells and has been used worldwide, but never in 5000 feet of water. It uses a tube to inject a mixture of multi-sized particles directly into the blowout preventer. The attempt to do this could take two or three weeks to accomplish."

 

    In response to questioning from Senator Mary Landrieu (LA), BP's McKay said that BP would pay for all "reasonable" claims and damages. He said reasonable meant legitimate. He also, said this would far exceed the $75 million limit. Senator Robert Menendez (D-NJ) asked if BP objected to raising the liability limit to $10 billion. McKay said he could not comment on that in particular, but that BP would pay all legitimate claims.

 

    Senator Maria Cantwell (D-WA) mentioned that some had estimated that damages could be as much as $14 billion. She asked BP if they would pay that amount. BP responded they would not comment on specific dollar amounts but that they would pay all legitimate claims. All three companies testified that they were conducting separate investigations of their own and that those investigations would be made available to the public.

 

    On further questioning Senator Cantwell said that the Exxon Valdez claims and payments took 20 years and went to the Supreme Court. She said is that BP means, i.e. fighting it out in court over time. BP's McKay said repeatedly in response to several inquiries by Senator Cantwell that "BP would pay all legitimate claims." Senator Cantwell said that BP was saying it was "stepping up" to its responsibilities and she certainly hoped that was true.

 

    Transocean's Probert testified that, ". . .the April 20 Deepwater Horizon explosion and its possible causes. What is most unusual about the explosion in this case is that it occurred after the well construction process was essentially finished. Drilling had been completed on April 17, and the well had been sealed with cement (to be reopened by the Operator at a later date if the Operator chose to put the well into production). At this point, drilling mud was no longer being used as a means of reservoir pressure containment; the cement and the casing were the barriers controlling pressure from the reservoir. Indeed, at the time of the explosion, the rig crew, at the direction of the Operator, was in the process of displacing drilling mud and replacing it with sea water.

 

    "For that reason, the one thing we know with certainty is that on the evening of April 20, there was a sudden, catastrophic failure of the cement, the casing, or both. Therein lies the root cause of this occurrence; without a disastrous failure of one of those elements, the explosion could not have occurred. It is also clear that the drill crew had very little (if any) time to react. The explosions were almost instantaneous. . ."

 

    At 2:30 PM, the Senate Environment and Pubic Works (EPW) Committee, Chaired by Senator Barbara Boxer (D-CA) with Ranking Member James Inhofe (R-OK) also held a hearing entitled, "Economic and Environmental Impacts of the Recent Oil Spill in the Gulf of Mexico." Witnesses included the same three company representatives from BP, Transocean and Halliburton. Additional witnesses included representatives from Gulf of Mexico Fishery Management Council; Governor's Office of Coastal Activities, State of Louisiana; Florida Restaurant and Lodging Association; Department of Natural Sciences, University of Maryland Eastern Shore;  Woods Institute for the Environment, Stanford University; and United States Air Force (Ret.).

 

    Access the Senate SNR hearing website for links to all testimony and webcast (click here). Access the Senate EPW hearing website for links to all testimony and webcast (click here).

BP Gulf Oil Spill Containment Dome Fails; Alternatives Pursued

May 10: BP provided an update on developments in the response to the MC252 oil well incident in the Gulf of Mexico. BP indicated in a company release that subsea efforts continue to focus on two fronts: first, reducing the flow of oil spilled by physical containment and second, further work on stopping the flow using a "top kill" option. Also, work on the first relief well, which began on May 2, continues. It is expected to take some three months to complete.

    The containment dome that was deployed last week has been parked away from the spill area on the sea bed. Efforts to place it over the main leak point were suspended at the weekend as a build up of hydrates prevented a successful placement of the dome over the spill area. A second, smaller containment dome is being readied to lower over the main leak point. The small dome will be connected by drill pipe and riser lines to a drill ship on the surface to collect and treat oil. It is designed to mitigate the formation of large hydrate volumes. This operation has never been done before in 5,000 feet of water.

    In addition, BP indicated that "further work on the blow out preventer has positioned us to attempt a 'top kill' option aimed at stopping the flow of oil from the well. This option will be pursued in parallel with the smaller containment dome over the next two weeks." All of the techniques being attempted or evaluated to contain the flow of oil on the seabed involve significant uncertainties because they have not been tested in these conditions before. BP said it "continues to do everything it can, in conjunction with governmental authorities and other industry experts, to find a solution to stem the flow of oil on the seabed."

    Work also continues to collect and disperse oil that has reached the surface of the sea. More than 275 vessels are being used, including skimmers, tugs, barges and recovery vessels. The volume of dispersant applied to the spill on the surface amounts to over 315,000 gallons since the spill response began. Intensive operations to skim oil from the surface of the water also continued. Some 90,000 barrels of oily liquid has now been recovered. The total length of deployed boom is now more than 1 million feet as part of the efforts to stop oil reaching the coast. BP said the cost to date of the response amounts to about $350 million, including the cost of spill response, containment, relief well drilling, commitments to the Gulf Coast States, settlements and federal costs.

 

    On May 10, Department of Interior (DOI) Secretary Ken Salazar announced that Director of the National Park Service Jon Jarvis and Acting Director of the Fish and Wildlife Service Rowan Gould have been dispatched to command centers along the Gulf Coast to help lead efforts to protect coastal communities and natural resources from BP's Deepwater Horizon oil spill. Jarvis, who is stationed in the Mobile, Alabama Incident Command Center, and Gould, who is stationed in the Houma, Louisiana Incident Command Center, are among the more than 380 DOI personnel who have been deployed as part of the oil spill response. Additional DOI personnel already stationed in the region are among the more than 10,000 personnel currently responding to protect the shoreline and wildlife. Jarvis and Gould will work with federal and state natural resource managers to help protect state and federal natural resources.

 

    DOI said that the Gulf Coast, which is one of the most ecologically complex regions in the country and site of a number of National Wildlife Refuges, National Parks protected by Interior on behalf of the American people. The National Park Service, which manages Gulf Islands National Seashore, Jean Lafitte National Historical Park and Preserve, Everglades National Park, Padre Island National Seashore, and other parks along the Gulf Coast, has activated two incident management teams in the Gulf. DOI indicated that the Fish and Wildlife Service manages 24 national wildlife refuges that could potentially be affected by the spill, including Breton National Wildlife Refuge, where oil has been confirmed on the Chandeleur Islands.

 

    U.S. EPA announced that Administrator Lisa Jackson will make another visit to the gulf region May 10-11, to oversee efforts to mitigate the environmental and human health impact of the ongoing BP oil spill. She will be meeting with EPA response managers on the scene and review the Agency's on-going air and water monitoring efforts. She will also meet with scientists from inside and outside the Federal government -- including scientists at local universities and from local organizations -- who have unique knowledge of the environmental challenges facing the gulf coast region and to discuss the potential impact of the use of dispersants on the spill on and below the surface of the water. Jackson will also meet with BP officials, the Coast Guard and other federal agencies to discuss ongoing efforts to mitigate the impact of the spill.   

 

    Greenpeace issued a release indicating that they had found the first traces of oil onshore at Port Eads, the southernmost tip of Louisiana during a visit to the area at the mouth of the Mississippi River May 9, 2010. Dan Howells, Deputy Director of Campaigns at Greenpeace, and conservation specialist Rick Steiner collected samples of the oil on the beach and documented what they saw with photographs. Greenpeace said, "The oil onshore at Port Eads shows that it is reaching the mouth of the Mississippi, putting even more species of Louisiana's coastal habitats at risk—including animal and plant species that thrive only in these wetlands. The oil was found both in globules scattered on the beach and within the wet marshy areas as discoloration and a sheen on the marsh water. Oil had collected on reeds, which prevent erosion of the coastline, highlighting more evidence of this disaster."

 

    Access a release from BP (click here). Access a release from DOI (click here). Access a release from EPA (click here). Access a release and link to photos from Greenpeace (click here). Access further updates on a joint companies and government unified command website (click here).

Update On BP Deepwater Horizon Gulf Oil Spill

May 5: BP is currently attempting to conduct a recovery operation using a specially-built "dome" to cap the leak at the sea floor and is also conducting a controlled burn; the area of concern has widened in to include the west coast of Florida and the Keys; and officials are preparing for expanded impacts. Reportedly, BP officials have admitted to Congressional members in a closed door meeting, that as much as 60,000 barrels per day may be leaking from the well -- the last estimate was 5,000 barrels per day [See WIMS 5/3/10].

 

    At the direction of President Obama, Department of Homeland Security (DHS) Secretary Janet Napolitano, Department of Commerce Secretary Gary Locke, NOAA Administrator Jane Lubchenco and EPA Deputy Administrator Bob Perciasepe will travel to the Gulf Coast this week to meet with Federal, state and local officials, as well as local business leaders, as part of their continued oversight of BP's efforts to plug the leak and contain the spill, and their ongoing emphasis on interagency coordination in response to the event.

    On Thursday, Secretary Napolitano, Secretary Locke and Administrator Lubchenco will travel to Biloxi, MS, to inspect response operations, meet with state, local and private sector leaders, and view firsthand staging areas for the deployment of boom to protect vital shoreline from the oil spill. Secretary Napolitano and Secretary Locke will then visit similar operations ongoing in Pensacola, FL. Administrator Lubchenco and White House Council on Environmental Quality Chair Nancy Sutley will then visit Pascagoula, MS, to visit NOAA's seafood inspection lab.

    EPA Deputy Administrator Perciasepe will also travel on Thursday to Louisiana, where he will review EPA's ongoing air and water monitoring activities, meet with local and community leaders, and assess the environmental situation on the ground. On Friday, Lubchenco and Sutley will travel to Venice and St. Bernard Parish, LA, to inspect shoreline cleanup assessment activities and meet with state, local and private sector leaders about the administration's ongoing efforts to mitigate the spill's impact on public health, the environment, and the economy. Today, Department of the Interior Secretary Ken Salazar is touring Delta National Wildlife Refuge in Louisiana, Bon Secour National Wildlife Refuge in Alabama, and the areas affected by the BP oil spill to assess the ongoing Federal response efforts.

 

    Today BP responders were preparing to conduct a controlled burn. As part of the coordinated response that combines tactics deployed above water, below water, offshore, and close to coastal areas, controlled burns remove oil from the open water in an effort to protect shoreline and wildlife. No populated areas are expected to be affected by the controlled burn operations and there are no anticipated impacts to marine mammals and sea turtles. Responders said a successful controlled burn, lasting 28 minutes on April 28 removed thousands of gallons of oil.

 

    On May 4, the White House indicated that as the oil spill in the Gulf of Mexico grows and makes it way toward the coast, attention has turned to the question of who will pay for the clean-up and any possible damages to our natural habitats, businesses, and individuals who call this region home. An Administration blog posting indicates, ". . .let's be clear about a few things: BP is responsible for -- and will be held accountable for -- all of the very significant clean-up and containment costs. They will pay for the mess they've made. Beyond clean-up and containment, BP must be held responsible for the damages this spill causes." The Administration indicated that it "strongly supports efforts on Capitol Hill to raise the Oil Pollution Act damages cap significantly above $75 million."

    According to the posting, "Currently, under the Oil Pollution Act, if BP is found to be grossly negligent or to have engaged in willful misconduct or conduct in violation of federal regulations, then there is no cap under this specific law for damages. Simply put, the $75 million cap on damages under the Oil Pollution Act would not apply under these circumstances. Right now, this crisis is still very much unfolding so it will take time to determine what caused this spill and the extent of the damage that can be claimed under this one law. Changing the Oil Pollution Act so that its cap does not limit our ability to collect damages would increase our chances of collecting adequate compensation. In addition, we are examining what fines or damages BP could be liable for under additional applicable federal and state laws. The bottom line is that the Administration will aggressively pursue compensation from BP for any damages from this spill."

    Today (May 5), in response to the possibility of the Deepwater Horizon oil spill affecting the West Coast of Florida, representatives from BP, the U.S. Coast Guard, and the Florida Department of Environmental Protection (FDEP) are meeting to plan a multi-agency response. Working together, the agencies have reviewed the area contingency plan and ensured all partners have access to, and are familiar with the plan. In meetings over the last couple days, the Coast Guard and FDEP have spoken with trustees from various national and state wildlife refugee areas, along with every county emergency management office on the West Coast of Florida. The agencies also met with over 30 members of non-governmental environmental organizations including Tampa Bay Watch, Save our Seabirds, Sarasota Bay Estuary Program, Sierra Club, etc. The latest predictions from the NOAA, indicate no impact to the western coast of Florida, from Taylor County to Collier County within the next 72 hours.

    On May 4, The United States Coast Guard at Sector Key West, FL, in conjunction with its port partners and key stakeholders, have been actively preparing for possible marine pollution effects from the spill. As part of an ongoing preparation efforts, the Coast Guard hosted a joint meeting on with Federal, state, and local partners to discuss potential impacts and response priorities should the spill affect the waters of the Florida Keys. Agencies met to review highly sensitive areas in the Keys, prepared response strategies, and to share information and discuss pollution mitigation. Capt. Pat DeQuattro, sector commander at Coast Guard Sector Key West said, "Although it is still too soon to predict if or how the Florida Keys may be impacted by the Deepwater Horizon spill, we are focused on preparing for whatever those impacts may be."

    Access a release on the Administration officials in the Gulf Coast (click here). Access a NY Times article (click here). Access a release on the controlled burn and link to additional information (click here). Access the blog posting from the White House on BP responsibility (click here). Access a release on the FL West Coast preparation (click here). Access a release on the Keys preparation (click here). Access further updates on a joint companies and government unified command website (click here). Access local media reports from the Alabama Press-Register (click here).