Environmental Issues Associated with Response Activities March 20, 2014

Environmental Issues Associated with Response Activities

March 20, 2014

Oil Spill - Two Distinct & Parallel Activities

Panel

Lawrence D. Malizzi, P.G Matrix New World Engineering, Inc., Wilmington, DE

Commander Ed BockUnited States Coast Guard, Washington, DC

Harry DiamondWater Quality Insurance Syndicate, New York, NY

William HazelMarine Pollution Control, Detroit, MI

Rhonda MurgatroydWildlife Response Services, LLC, Seabrook, TX

Robert Simmons, PEEnvironmental Science Services, Inc., Denham Springs, LA

The “E” Word!

The Two Most Frightening Words on a Spill Response:

SPILL CONTROL ASSOCIATION OF AMERICA ANNUAL MEETING

MARCH 20 & 21, 2014

Office of Marine Environmental

Response Policy

Environmental Consultation Requirements

Endangered Species Act (ESA) Section 7Essential Fish Habitat (EFH)National Historic Preservations Act (NHPA)Tribal – Executive Order 13175

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Office of Marine Environmental Response Policy

ESA Section 7 Policy – Current State

The 2001 Interagency MOA provides guidance for ESA consultations.

MOA is used to identify & incorporate plans & procedures to protect listed species & designated habitat during spill planning & response activities

Signatories include USCG, EPA, DOI, Fish & Wildlife Service, NOAA’s NMFS & National Ocean Service (NOS)

Contains Purpose, Definitions, Procedures, & Planning Templates

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Office of Marine Environmental Response Policy

ESA Section 7 Policy – Current State

The MOA states that the consultation process should be initiated and managed at the Area Committee level (i.e. where the action is planned).

Due to recent litigation the need for consultations during RRT & Area Committee planning is being reemphasized.

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Office of Marine Environmental Response Policy

Regional Status

AK Region: Regional biological assessment (BA) update complete, awaiting concurrence

Region IX: California Dispersant Plan BA complete, awaiting concurrence

Region VI: Awaiting Deepwater Horizon BARegion IV: ESA &EFH dispersant pre-authorization

consultation out of date & needs EFH informationRegion III: Significant ACP updates with informal

consultation, awaiting concurrence

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Office of Marine Environmental Response Policy

ESA Section 7 Policy – Future State

CGHQ released a policy letter in October to explain Section 7 & EFH consultation responsibilities

CG roles & responsibilities:Co-Chair: Assembles experts to assist OSCRRT Coordinator: Manages work & keeps group informedDRAT: Advises on response strategiesFOSC: Coordinates local planning & responseSSC: Provides scientific advice on response strategies, oil

fate and affect on endangered species

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Office of Marine Environmental Response Policy

ESA Section 7 Policy – Future State

Cooperation & coordination between the FOSCs & Services is key

RRTs & Area Committees may consider using ERA Workshops to develop appropriate response strategies as part of the ESA consultation process

ESA Section 7 Toolkit include:Located on the MER Portal MOAArea Contingency Plan Job AidBest Management Practices Database

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Office of Marine Environmental Response Policy

Way Forward

National Strategy Cooperation & collaboration among agencies & services High-visibility plans are a top priority Follow MOA & Policy All ESA Consultations Current by 2018

Continue to Clarify GuidanceProvide Technical & Legal Assistance Training Opportunities at CGHQ & USF&WConsider Updating the MOA in the Out Years

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Office of Marine Environmental Response Policy

Training Resources

U.S. Fish & Wildlife Service National Conservation Training Center Interagency Consultation for Endangered Species 4-day course, offered every few months http://training.fws.gov/nctcweb/catalog/CourseDetail.aspx?

CourseCodeLong=FWS-CSP3116

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Office of Marine Environmental Response Policy

Thank-you for your time

Stewards of the Environment and Public Trust

Questions

Office of Marine Environmental Response Policy

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HARRY DIAMONDVice President, Claims

An Insurance Company View of Environmental Response Impacts

The Insurance Company Interest is Largely Financial

We are not out to make every response as inexpensive as possible

We make long term profits by paying fair and reasonable claims

We don’t skimp on environmental responsibility

However:

Who Pays for Raising This Vessel?

Claims by the Numbers

We handle about 100 to 150 claims per year. We have about $4 M to $6 M in claims per

year. Claims that exceed our coverage limit are rare,

about one every 2 – 3 years on average The average claim costs about $50,000 Claims can generally be closed in one year or

less WQIS claims that go into litigation are rare

Claims Involving Natural Resource Damage

For us these are rare.

Usually happen in the larger claims

These claims are not just pollution claims so often other underwriters are involved.

Most WQIS spills are minor in nature, do not involve hazardous products and do not involve a Natural Resource Damage Assessment

EVERY RESPONSE HAS THE POTENTIAL TO CAUSE ENVIRONMENTAL DAMAGE

Decisions made in the initial response to a spill or threat of a spill can have significant impact later on in the event

It is critical to bring the right team to the spill to prevent causing environmental damage in the response.

This is why WQIS sends a Spill Response Manager to every spill no matter how small.

Biggest Problems Occur When Underwriters Have Divergent Interests.

Takeaway

The key point is that the Insurance stake holder should be involved early in the decision making process at the command center.

Should be kept in mind that the insurance stakeholder is usually not just one party.

Environmental ConsiderationsDuring Oil Spill Response Operations:

An OSRO’s Perspective

Presented:Spill Control Association of America (SCAA) Annual Meeting

Bill Hazel – Director of Marine ServicesMarine Pollution Control

Detroit, Michigan USAMarch 20, 2014

SpillEvent

ResponseTactics

EnvironmentalImpacts

BestResponse

Principles, mechanisms and systematic processes used to evaluate and guide the environmental

aspects of spill response operations:

Best Response Principles (ICS-based)

Sensitivity Indexes (ESIs) and Geographic Response Plans (GRPs)

Net Environmental Benefit Analysis (NEBA)

Shoreline Cleanup Assessment Technique (SCAT)

Natural Resources Damage Assessments (NRDA)

Principles of Best Response(from SE Michigan Area Contingency Plan)

Generalized protection priorities:

Priority 1 – Protection of public health & safetyPriority 2 – Ecological

Priority 3 – CulturalPriority 4 – Economic

Priority 5 – Social

Priority classes:

A = Highest PriorityB = Protect after AC = Protect after B

CASE STUDY:Tug Boat Seneca – Deer Park, MI – December 2006

Seneca Operations/Ecological Considerations:

Begin from expectation that the response activities will cause ecological damage

Specialist biologist contracted to develop an access plan and 4-stage site restoration plan:

1. Rebuilding of primary dune and level beachfront2. Evaluation of area following winter months3. Replanting native vegetation after winter months4. Evaluation following the next growing season

Seneca Operations/Ecological Tactics:

Limit damage by restricting travel to specific routes

Utilize “light-footprint” logistic assets

Perform as many actions as possible on water

Communicate access/restoration plan to responders

Recommendations:

NEBA and Best Response concepts should be conveyed to field response personnel through periodic training initiatives and through daily communications processes during incidents

Drills and exercises should incorporate injects that test NEBA and Best Response concepts

NEBA and Best Response concepts should be applied to GRP processes based on lessons derived

from drills and exercises

WILDLIFE RESPONSE WITH A FOCUS ON NRDA

DOCUMENTATION

Spill Control Association of America20 March 2014

Presented by: Rhonda MurgatroydWildlife Response Services, LLC

Wildlife Response“Back In The Day”

Mobilize Where – I Need A Place to Set Up Wildlife CenterAre Response Trailers On The Way?

Which Responders Are Mobilizing (Even this has changed with more response activity away from coast).

Who Am I Working For (RP)What Is The Trajectory? This Will Give Me A Good Idea

of Wildlife Concentrations.

Wildlife Response“Back In The Day” cont.

Have Oiled Animals Already been sited?Are Wildlife Trustees Already Engaged? Contacts?Resources Available (Wildlife Supplies, Boats, Vans,

Lodging)WRS Documentation, Surveys, Capture, Rehabilitation,

Carcass Collection, Hazing, Relocation and Pre-Emptive Capture

Wildlife Response“The Here And Now”

All WRS Documentation Merging With . . . .Wildlife Trustee Specific Forms [e.g., Evidence Storage

Log, Oiled Bird Intake Form, Wildlife Branch Daily Asset Report, Live Oiled Animal Data Log, Wildlife Branch Daily Report Form (to populate 209), Carcass Collection Documents, Field Survey Log (photos, GPS coordinates and tracks)].

Wildlife Rehabilitation Personnel Are Writing More Plans (field mobilization, communications, hazing, hacking, release, severe weather, trapping, relocation), the list goes on – we don’t just “do it” any longer.

Wildlife Response“The Here And Now” cont.

Photo Documentation Becoming More Labor Intensive (being looked at closer).

All Data To Be Entered Into Excel Spreadsheets For Future Use.

Wildlife Responders Becoming More Engaged In Overall Incident.

This Is A Positive Move For Both Trustees And RP’s; Just More Labor Intensive For Us, Requiring Additional Personnel.

Wildlife Capture

Spacious Wildlife Facility

Rehabilitation Center

Bath Time

Husbandry/Medical Care

Outside Flight Pen

Wild Again

Questions?

Spill Control Association of America2014 Annual Meeting

Panel Session: Environmental Issues Associated with Spill Response

Topic: Role of the Environmental Unit (EU) and Interaction with Operations

Robert A. Simmons, P.E.President, Environmental Science Services, Inc.

Overview

• Importance of EU Interaction with Ops• Minimizing collateral damage and

additional cost and liability for the RP• As a Practical Matter - How this interaction

works in the ICS• Experience factor of EU personnel

Minimizing collateral damage and additional cost / liability for RP• Appropriate Cleanup techniques

–When this is obvious or intuitive–When this is not obvious or intuitive–Determining and assessing cleanup

methodology and endpoints• Identification and coordination with Ops

relative to sensitive resources (RAR)

Minimizing collateral damage and additional cost / liability for RPContinued

• Implementation and monitoring of results of ESA section 7 consultation When Necessary (Federal Requirement)

– BMPs– Buffer zones– Modification of cleanup methodology– Formality or informality depending on

circumstance of spill and response

• Implementation and monitoring of NHPA section 106 consultation When Necessary (Federal Requirement)

– Archaeologists or cultural resources experts, SHPO, DOI

– Secretive nature of some cultural resource issues

– Formality or informality depending on circumstance of spill and response

Minimizing collateral damage and additional cost / liability for RPContinued

Minimizing collateral damage and additional cost / liability for RPContinued

• Endpoints, “How Clean is Clean”• Net Environmental Benefit Assessment

(NEBA)– Informal approach– Formal approach

• NRDA Considerations

As a Practical Matter - How this interaction works in the ICS

• Starting Point might be ICS 232 – Resources at Risk

• Planning Section specific EU links with Ops– Wildlife– Dispersants– Insitu Burning– Other

• Agency Coordination and Documentation

As a Practical Matter - How this interaction works in the ICS - CONTINUED• SCAT• Relationship between Planning and

Operations Section–More than just thru the IAP–Establishing awareness–Navigating thru the “Us and Them”

Mentality• Other EU presence in the field

As a Practical Matter - How this interaction works in the ICS - CONTINUED

• Experience factor of EU personnel and Operational Familiarity• Reactive approach• Proactive approach

End of Presentation

Robert A. SimmonsEnvironmental Science Services, Inc. (Es²)

Cell: (985) [email protected]

Thank You

Questions