Arctic: Is There a Need for International Regulation? · Photo by US Navy Photo by Mass...

Deepwater Horizon and the Arctic: Is There a Need

for International Regulation?

Center for Coastal and Ocean Mapping / NOAA-UNH Joint Hydrographic Center University of

New Hampshire, USA

Larry Mayer

Globalization and Law of the Sea Washington D.C. 3 December 2010

Image derived from theoretical sonar model interacting

with artificial seabed DTM using “SynSwath”

John Hughes Clarke - UNB

Multibeam sonar

UNH CCOM-JHC U.S. Law-of-the-Sea Bathymetric Mapping to Date

> 1,598,000 km2

Marianas 2006

2008 2008, 2009

Kingman Reef- Palmyra Atoll

2010

soon

…..Arctic 2003

Bering Sea 2003

…Atlantic 2004

2004

Gulf of Mexico 2007

2007,2010

2007 Gulf of Alaska

2005

2005

Mendocino 2009

HEALY 2003 ECS SURVEYING

perspective view looking SW

Healy 03-02, 04-05, 07-03

Central Chukchi Plateau Pockmarks

200-m diameter 20-m deep

VE = 10x

looking SW

Potential for Oil and Gas in the Arctic

Slide courtesy Ron Macnab

USGS (2009) 13% of world’s undiscovered oil, 30% undiscovered gas, 20% undiscovered natural gas liquids

THE CONVENTION ON THE LAW OF THE SEA

Acoustic surveying around Deepwater Horizon wellhead

The DWH incident was a great disaster – but it could have been

worse

No hurricanes. Two tropical storms - Alex and Bonnie both dissipated and diverted

before they could bring substantial amounts of oil into the marshes

• Relatively warm waters enhance biodegradation of oil • Many natural seeps results in abundance of microbes capable of biodegradation of oil • The nature of the oil – light crude – is conducive to microbial breakdown

The Gulf of Mexico Environment Enhances Biodegradation Oil

https://www.scientificamerican.com/slideshow.cfm?id=gulf-oil-eating-microbes-slide-show

biodegrading microbes

http://en.wikipedia.org/wiki/Deepwater_Horizon_oil_spill

http://media.washtimes.com/media/image/2010/07/21/Gulf_Oil_Spill

http://www.theepochtimes.com/n2/images/stories/large/2010/

Huge local infrastructure

http://news.discovery.com/earth/2010/05/03/oil-current-825x825.jpg

The loop current – did not carry significant amounts of oil out of Gulf – if it had it could have impacted Cuba and the Bahamas

What if this happened in the Arctic?

Grönland

Photo from M. Jakobsson

• Very cold water – very slow (if any) microbial degradation • Very difficult working conditions • Very fragile environment • Almost no available infrastructure • Given morphology and currents – a significant spill almost anywhere would affect other states

ARCTIC

Grönland


• General principles obligating states to adopt laws, regulations and other measures to prevent pollution arising from offshore installations under their jurisdiction

Part XII Articles 192, 194(3) and 208(1,5)

Does UNCLOS address this issue?

Grönland


• Specifies that these laws, regulations and measures be no less effective than international standards • Encourages states to establish global and regional rules and standards through competent international organizations or diplomatic conferences.

UNCLOS Part XII Articles 192, 194(3) and 208(1, 5)

Grönland


• • Unfortunately international rules and standards do not exist for drilling operations of oil platforms like Deepwater Horizon

Grönland


• In absence of rules and standards we must look to coastal states for establishing them • But as DWH demonstrated -- U.S. regulations and regulatory processes are clearly inadequate: • Conflict of Interest at MMS • Lack of high-level technical expertise amongst regulators – expertise is in industry not government

• U.S. regulatory system is complex and PRESCRIPTIVE – • specifies the means and minimum steps necessary for compliance. Typically sets the lowest acceptable safety level.

• risk is typically only explored with respect to worse-case scenarios – often dismissed as unlikely

• The U.S. regulatory process has failed us and is apparently less effective than the standards of others like Norway and the U.K.

Photo by US Navy Photo by Mass Communication Specialist First Class Michael B. Watkins. http://publicdomainclip-art.blogspot.com/2010/06/deepwater-horizon-bp-oil-spill-slick.html

• Norway, a leader in drilling technology has much better safety record than U.S. • Simpler regulatory system • Involve independent body whose employees are paid on par with oil company employees • Use a PERFORMANCE and RISK-based regulatory system


• PERFORMANCE-BASED REGULATIONS:

Allows the operator the freedom to optimize the approaches to safety but also require a systematic risk management plan. This approach encourages continuous development and adaptation of new technology and best practices and has resulted in an enviable safety record for Norwegian operations.


• There are standards that are more effective than those of U.S. • We may see internal efforts to push U.S. to adopt “Norwegian-like” standards • Can we go one-step further and think about a global framework? • Can we find a mechanism that will allow us to fulfill the general principles of Part XII?

Strong and very effective international standards have been adopted to prevent pollution from shipping (i.e. double hull standards instituted by IMO through an amendment to the MARPOL Convention) but….. IMO tends to focus on shipping…

IMO has adopted code for construction and equipment of Mobile Offshore Drilling Units (MODU) .. but this is just IMO’s recommendation and does not apply to drilling operations

Can this be extended to include drilling of subsea wells and the procedures for their operation – and can this be made mandatory ????

Five nations having potential extended shelves

From Ron MacNab

Arctic: Is There a Need for International Regulation? · Photo by US Navy Photo by Mass...

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