Implications of the Clean Water Act in the Exxon Valdez and BP Deepwater Horizon Oil Spills and Recommendations for Future Countermeasures

A State of The Field Capstone Prepared byArloe Fontenot

Federal water regulation all started with the Industrial Revolution…

By the 1970s many waters in the United States had reached a pollution tipping pointdue to a lack of effective water regulation

…when the 1899 Federal Refuse Act was passed

Since then…

So, in 1972 The Clean Water Act was passed by Congress after an override of President Richard Nixon’s veto

http://wondergressive.com/wp-content/uploads/2013/11/industrial.jpghttp://www.anzacday.org.au/history/ww1/images/ww1main.jpg

http://cookit.e2bn.org/library/1235836904/nagasakibombnuclear.original.jpg

http://www.mfablog.org/pollution.jpg

https://filtercon.files.wordpress.com/2013/02/fish-in-polluted-water.jpg

How has Federal Water Pollution Control evolved since the Industrial Revolution?

1970 US EPA Created1972 Federal Clean Water Act

1965Federal Water Quality Act Precursor to US EPA

1956Federal Water Pollution Control Act Precursor to Clean Water Act

1899Federal Refuse Act Passed

The Federal Refuse Act of 1899 (Title 33, US Code, Sec 407) is still applicable as part of the Clean Water Act and affects individuals as well as industry

Just Recently…..

http://www.wsj.com/articles/SB10001424052970204903804577082770135339442

“In 2007, Mr. Lawrence Lewis, a building engineer, and his staff, diverted a backed-up sewage system of a Washington D.C. retirement home into an outside storm drain to prevent flooding of the facility. The storm drain emptied into Rock Creek which eventually reached the Potomac River”

Mr. Lewis, an individual, pled guilty in federal court to violating the Clean Water Act andgiven one year’s probation.

Title I Sec. 101 (3) states “it is the national policy that the discharge of toxic pollutants in toxic amounts shall be prohibited”

Oil and Water Basics

• Hydrophobic interactions will prevent mixing of oil and water for extended periods

• Emulsions result when droplets of oil become interspersed within an aqueous environment after a dispersant, or surfactant is added

• Dispersants in most cases aid in oil spill cleanup• These oil/water emulsions are hardest to cleanup in the

environment• Dispersants have been found to cause damage to

aquatic organisms

It should be our goal as humans to keep any amount of oil completely segregated from the aqueous environment

Some water-soluble components of crude oil are especially toxic to aquatic life, including alkyl benzenes, phenols, and PAHs such as naphthalene

http://www.mychemset.com/new/images/miscibility.jpg

http://imk209.wikispaces.com/file/view/emulsion...jpg/270995184/emulsion...jpg

More Oil and Water Basics

Viscosity - Measure of how well a fluid flows independent of pressureInversely proportional to temperatureAs Temp goes up Viscosity goes downA warm liquid flows or spreads more quickly and “thinner”A cold liquid flows and spreads slower “like molasses”

Crude oil Viscosity vs Temperature

Remember H2O will flash off here

Oil and the Consumer…why so Important?

http://visual.ly/cost-and-effects-oil-spill

Petroleum (petro leum) or “rock-oil”“a fossil-fuel formed from ancient biological mass compressed under rock”Complex mixture of alkanes, alkenes, aromatics, heavy metals

A common industry motto: “Using the past to power the present and the future”

American’s petroleum usage has sharply risen since World War II

More Automobiles

More Industry

Many world conflicts over oil

Its use will continue to grow until all oil is exhausted

Oil and Water….on a larger scaleRetrieving oil…

And transporting it safely through our waters…

Have proven to be major environmental concerns..

We will look at the two largest environmental oil disasters in United States waters:

• Exxon Valdez Oil Spill in 1989• Surface release • Cold water• Rocky coastline affected

• BP Deepwater Horizon Oil Spill in 2010• Subsea release• Warm Water• Soft marshy coastline affected

Exxon Valdez Spill….what do you remember?

2,000 sea otters, 302 harbor seals, ~250,000 seabirds died in days immediately after spill(S. Graham 2003)

(Photo Courtesy: EVOS Trustee Council)

http://s.newsweek.com/sites/www.newsweek.com/files/2014/03/27/exxon-valdez-newsweek-cover_0_0.jpg

http://images.usatoday.com/news/_photos/2007/02/01/oilduck.jpg

(Courtesy ARLISS Reference)

http://jolietlibrary.org/sites/default/files/1980sa/Oil%20Spill%201.jpg

http://eachus.com/wp/wp-content/uploads/2011/04/exxon_valdez_2.jpg

Map of Exxon Valdez spill

March 20, 1989Water Temperature 3 - 4.4⁰C

56 days later470 lateral miles

Prevailing windsWater TemperatureType of Coastline affected

All contributed to type of response and cleanup

A lack of coordination and response contributed to a large area being impacted

Oil Pollution Act of 1990 (Title 33 Chapter 40 of CWA)

Passed almost immediately in response to the Exxon Valdez spill

Increased nation’s ability to respond to oil spillsCoast Guard – first responders to assess scaleGave the Federal government more power over response effortsOutlined chain-of-command between Public, Private, Volunteer entities

Established the Oil Spill Liability Trust Fund, funded by civil penalties

National Contingency Plan (NCP) developed for future spill response

Feds mandated all owner operators show Financial Responsibility of at least $150 million

Civil penalties and fines of $25,000/ day or $1000/ barrel of oil released

Feds mandated better tanker design

Over 25 years later what has happened since Valdez...

• OPA 90 not only increased civil penalties, better federal response, but mandated better oil tanker design: from single-hull to the double-hull tanker design

Prince William Sound is still recovering from the environmental impacts of the 1989 spill

Pre-OPA 90

After OPA 90

Passed

https://news.wsu.edu/wp-content/uploads/2014/03/Red-Light-to-Starboard-infographic.jpg

http://www.marineinsight.com/wp-content/uploads/2013/01/SingleVSDouble-Hull.gif

Lingering Effects of Prudhoe Bay Crude Oil • After many years of appeals, Exxon’s damages to fishermen reduced from

$5 billion to $500 million

• Due to a colder harsher climate ,weathering of oil was inhibited and produced chronic environmental toxicity

• Oil still showing up in subsea reservoirs

• Herring fishery closed for 19 years following the spill

• Crustacean fishery heavily affected in Prince William Sound

• One study has shown hepatic and placental toxicity in rats due to Prudhoe Bay Crude; correlation with native marine mammals (S. Khan et al, 1987)

• Salmon had increased mortality up to four years after the spill due to their eggs having contact with oil (S. Graham 2003)

• No more prey for seabirds, changed their migration patterns

CLOSER TO HOME…..April 20, 2010BP Deepwater Horizon Disaster

So what happened to cause the largest oil spill in United States history in this age of advanced technology and exploration?

http://www.cleveland.com/nation/index.ssf/2010/08/bp_vice_president_says_blowout.html

http://www.examiner.com/article/deepwater-horizon-sub-sea-blowout-expert-says-oil-spill-doomsday-scenario-may-have-already-begun

BP Deepwater Horizon and Key Differences between Exxon Valdez

42 miles of Louisiana coast11 workers killedWarm Gulf of Mexico Waters 20-25⁰C

*remember higher temp = lower viscosity, more easily spread

Subsea release > 5000 ft water

1300 miles soft marshy coastline affected

(Barataria Bay, LA)

(Courtesy: PBS)(Courtesy: Associated Press)

(Courtesy: New York Times)

BP Deepwater Horizon Capped• BP finally stopped the release after 87 days• Two relief wells reached the failed well to relieve

pressure and BP placed a large cap (top kill) over the spewing wellhead

http://mije.org/richardprince/bp-blocks-photos-oil-spill-damage

(Courtesy: MSNBC)

Top Kill

“The entire country and world breathed a collective sigh of relief”

BP Deepwater Horizon Impacts and Cleanup

Ms. Rosina Phillippe explains firsthand howBarataria Bay, Louisiana saw some of the heaviest impacts of oil in the immediate weeks following the BP Deepwater Horizon explosion and release

http://cdn3.dogomedia.com/pictures/1144/content/microbes20100618_MICROBES.large.prod_affiliate.91.jpg?1285703480

Oil eating microbes were deployed turning alkanes in surface oil into CO2 and water

http://www.scientificamerican.com/slideshow/gulf-oil-eating-microbes-slide-show/

Thalassolituus oleivorans

(Courtesy: YouTube) Louisiana Environmental Action Network Interview

BP Deepwater Horizon Impacts

http://www.onearth.org/earthwire/bp-spill-point-a-la-hache-oystermen

Dispersants were heavily deployed during the spill

http://farmwars.info/wp-content/uploads/2011/07/Corexit.jpg http://bp-claim.com/wp-content/uploads/2011/02/dispersant.jpg

The Gulf Region relies so much on the seafood industry and many fear it will never recover…

Byron Encalade

Oyster Fisherman

Point-la-Hache, LA

Studies have shown toxic effects of dispersants to fish, crustaceans, and human lungs (Antony 2015)

BP Deepwater Horizon Incident Facts• Offshore platform owned by Transocean, Ltd• Leased by British Petroleum (BP)• Operated by Halliburton, Inc.• Halliburton was also responsible for cementing and completion of

the well

A Joint Investigation Team comprised of the US Coast Guard and Bureau of Ocean Energy Management, Regulation, and Enforcement (BOERME) found:

• The well was not cemented properly, causing an integrity failure resulting in uncontrolled release of hydrocarbons and explosion

• Safety device called a Blowout Preventer (BOP) failed to engage and control the release

Flow of oil, hydrocarbons

Blowout Preventer also known as a Christmas Tree

If cementing is not done properly , the walls of a drilled well will collapse

As was the case in the BP Macondo Well

Typical Offshore Wellbore DesignAnd What Went Wrong

Pistons failed to engage stopping flow

BP Deepwater Horizon & Clean Water Act

• Federal court in New Orleans, LA ruled a mean volume of 3.19 million barrels of oil released into environment

• Same federal court found BP guilty of “gross negligence”• BP 67% at fault• Transocean 30% at fault• Halliburton 3% at fault

Typical Clean Water Act Penalties under OPA 90 remember:$25,000 per day $1,000 per barrel of oil spilled

However maximum penalties under Clean Water Act increase if release due to criminal negligence

How much?….to the tune of $4,300 per barrel of oil spilled

…BP is facing a $13.7 billion fine

Quite costly in a era oil is selling for $50-$60 per barrel!

What has changed in 5 years since Deepwater Horizon?

In 2012, President Obama signed the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economics of the Gulf Coast States Act, also known as

• The RESTORE Act• Gulf states will receive 80% of all civil

penalties under the Clean Water Act• Without the RESTORE Act all civil penalties

would go to the Oil Spill Liability Trust Fund instead of to the People

The Gulf Region continues to recover from the BP spill, and much like Exxon Valdez, lingering environmental effects will continue

Lessons Learned and Next Steps

The Exxon Valdez spill caught us off guard and called for greater coordinated response from the Federal government down to the local level

The Oil Pollution Act of 1990 enhanced penalties, oversight, safety, and financial responsibility for those engaged in the transportation of oil and hazardous materials by water

Called for greater technology to safeguard the environment from oil releases from tankers

What have we learned from the BP Macondo Oil Spill and what should be done?

Next Steps and Countermeasures

The Blowout preventer system needs to be updated and upgraded as a primary level of well containment for all offshore producers in event of “worst case”

Cementing materials need greater strength and performance testing parameters to endure “worst case scenarios” preventing well collapse

A one way multi-valve safety system similar to valves in human veins as a technology-based safety parameter need to be developed & installed within the near wellbore

At least two relief wells should be drilled concurrently with the producing well if economically feasible to preempt a worst-case scenario*These wells can also serve as alternate production wells

Any offshore producer needs to show financial responsibility equal to the maximum fine allowed under the Clean Water Act

Using the BP Deepwater Horizon as a New Worst Case Scenario Baseline

Next Steps and Countermeasures

Using the BP Deepwater Horizon as a New Worst Case Scenario Baseline

Shielded Fiber-optical communication instead of pneumatic cables, no delay in transmission

Overall heavier structure and larger diameter flange connection

Double the number of safety relief valves to add redundancy

Improved Blowout Preventer Design Suggestions

http://www.csmonitor.com/var/ezflow_site/storage/images/media/images/0617-blowout-preventer-diagram.jpg/8149205-1-eng-US/0617-blowout-preventer-diagram.jpg_full_600.jpg

Next Steps and Countermeasures

Technology-Based:

A one-way multi-valve safety system installed within the upper part of wellSimilar to an inverted valve in human veins, these can be closed automatically much like valves on the blowout preventer using fiber optics

One way safety valveOpen during normal production

Safety Valve closes during an event, pressure diverts to relief wells

http://www.radiology.vi/Pages/STR-SvcVV-Basics.html http://www.radiology.vi/Pages/STR-SvcVV-

Basics.html

Next Steps and Countermeasures

Two Relief Wells shall be drilled concurrently with the production well

Much like BP started two weeks after the Deepwater Horizon spill

http://www.sqwalk.com/q/sites/default/files/reliefwell.jpg

These wells can also serve as production wells

Next Steps and Countermeasures

Newer technologies such as an oil catching mesh are in development and may aid in cleanup of future oil spills

One group at Ohio State University has developed a mesh coated with a polymer embedded with surfactants (Bhusan, 2015)

Still on the small scale, but companies could benefit if they put forth more funding in these type of R&D efforts

Oil repelling mesh

Allows water through

Mesh collects oil

http://www.sciencealert.com/this-new-mesh-captures-oil-but-lets-water-filter-through

Next Steps and Countermeasures

Before a Permit to Drill is Issued by the Federal Department of Interior or State Department of Natural Resources

Companies should show Financial Responsibility based on a worse case scenario

For example If 1 million barrels of production is projected, an owner/operator must show financial responsibility of at least $4.3 billion

1 million X $4300 per barrel = $4.3 billion

Again a hard pill to swallow when oil prices are hovering between $50 - $60 per barrel, but a necessary provision to prevent another environmental disaster equal to the Deepwater Horizon

Thanks!

Questions?

References and Photo CreditsU.S. Environmental Laws. The Bureau of National Affairs, BNA Editorial Staff, “Clean Water Act” pgs. 474-617. 1986U.S. Environmental Laws. The Bureau of National Affairs, BNA Editorial Staff, “Port and Tanker Safety Act” pgs. 631-633. 1986U.S. Environmental Laws. The Bureau of National Affairs, BNA Editorial Staff, “Intervention on the High Seas Act” pgs.646-648. 1986U.S. Environmental Laws. The Bureau of National Affairs, BNA Editorial Staff, “National Ocean Pollution Planning Act” pgs.649-650. 1986U.S. Environmental Laws. The Bureau of National Affairs, BNA Editorial Staff, “Marine Protection, Research, and Sanctuaries Act” pgs. 651-654. 1986U.S. Environmental Laws. The Bureau of National Affairs, BNA Editorial Staff, “Outer Continental Shelf Lands Act” Chapter 36, Subchapter I “Offshore Oil Spill Pollution Fund” pgs. 661-665. 1986.Michel, Jacqueline. Research Planning, Inc. NOAA 1992 “Oil Behavior and Toxicity” http://archive.orr.noaa.gov/book_shelf/678_Chapter2.pdf“About NPFC” National Pollution Funds Center (NPFC). United States Coast Guard, U.S. Dept of Homeland Security. http://www.uscg.mil/npfc/About_NPFC/opa.aspLegal Information Institute, Cornell University Law School “33 US Code 407” – “Deposit of refuse in navigable waters generally” https://www.law.cornell.edu/uscode/text/33/407 “Question and Answers” http://www.evostc.state.ak.us/index.cfm?FA=facts.QA Exxon Valdez Oil Spill Trustee CouncilTable 1: http://www.roymech.co.uk/Related/Fluids/Fluids_Viscosities.htmlOffice of Exxon Valdez Oil Spill (EVOS) Damage Assessment and Restoration http://alaskafisheries.noaa.gov/oil/ NOAA FisheriesOil Pollution Act Overview: http://www.epa.gov/oem/content/lawsregs/opaover.htmS. Khan, Martin M, Rahimtula AD, et al. Canadian Journal of Physiological Pharmacology. 1987 Dec. 65(12): 2400-2408 “Effect of a Prudhoe Bay crude oil on hepatic and placental drug metabolism in rats.” http://www.ncbi.nlm.nih.gov/pubmed/3449197S. Graham. Scientific American. 19 Dec 2003. “Environmental Effects of Exxon Valdez Spill Still Being Felt” http://www.scientificamerican.com/article/environmental-effects-of/ Fig 3. http://www.theguardian.com/environment/2011/apr/20/deepwater-horizon-key-questions answeredMarine Mammal Commission http://www.mmc.gov/oil_spill/welcome.shtml²Meet the Microbes Eating the Gulf Oil Spill: Scientific American http://www.scientificamerican.com/slideshow/gulf-oil-eating-microbes-slide-show/“Federal judge rejects BP bid to lower $13.7billion oil spill fine” http://www.nola.com/business/index.ssf/2015/02/bp_loses_bid_to_cap_oil_spill.html Times-Picayune"Our Waters and Wetlands: How the Corps of Engineers Can Help Prevent Their Destruction and Pollution." House Report 91-917, issued March 18, 1970 by the House Committee on Government Operations Deepwater Horizon Oil Spill Facts http://www.eoearth.org/view/article/161185/“Oil Spill Facts Q & A” Exxon Valdez Oil Spill Trustee Council http://www.evostc.state.ak.us/index.cfm?FA=facts.QA“Federal Water Pollution Control Act (1972) or the Clean Water Act (CWA) http://www.boem.gov/Environmental-Stewardship/Environmental-Assessment/CWA/index.aspx Bureau of Ocean Energy Management“Status of Gulf of Mexico Well Permits” http://www.bsee.gov/Exploration-and-Production/Permits/Status-of-Gulf-of-Mexico-Well-Permits/ Bureau of Safety and Environmental Enforcement (BSSE) “BSEE Issues Violations Following Investigation Into Deepwater Horizon”http://www.bsee.gov/BSEE-Newsroom/Press-Releases/2011/BSEE-Issues-Violations-Following-Investigation-Into-Deepwater-Horizon/“Restore Act”. Environmental Law Institute Ocean Program. Gulf of Mexico Restoration and Recovery. http://eli-ocean.org/gulf/clean-water-act-restore/Shelton M. Gay and S.L. Vaughan. “Seasonal hydrography and tidal currents of bays and fjords in Prince William Sound, Alaska” Fisheries Oceanography 10 (Suppl. 1) 159-193. 2001“Oceanic Conditions in Prince William Sound” GulfWatch Alaska Monitoring Environmental Divers http://www.gulfwatchalaska.org/monitoring/environmental-drivers/oceanographic-conditions-in-prince-william-sound/“Water Temperature Table of the Eastern Gulf of Mexico” NOAA National Oceanic Data Center (NODC) http://www.nodc.noaa.gov/dsdt/cwtg/egof.html“Corexit 9527” CASRN: 60617-06-3. Toxnet databaseF. Li, R. Duggal, V. Anthony, et al. “Heme Oxygenase-1 Protects Corexit 9500A-Induced Respiratory Epithelial Injury across Species”. Plos One Journal. 2 April 2015. http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0122275“Dispersant used in BP spill might cause damage to human lungs, fish, crab gills, new study says” Times-Picayune. 3 April 2015 http://www.nola.com/environment/index.ssf/2015/04/dispersant_used_in_bp_spill_mi.htmlPicture Creditshttp://www.wsj.com/articles/SB10001424052970204903804577082770135339442 (sewage blunder)http://www.anzacday.org.au/history/ww1/images/ww1main.jpg (WW1)http://cookit.e2bn.org/library/1235836904/nagasakibombnuclear.original.jpg (WW2)http://wondergressive.com/wp-content/uploads/2013/11/industrial.jpg (Industrial Revolution)http://www.mfablog.org/pollution.jpg (polluted water)http://www.codaoctopus.com/user-content/files/oil-and-gas-page.jpg (oil and gas platform)http://www.nigelhallworth.eclipse.co.uk/pictures/A--OS-IOANNIS-THEOLOGOS-A.jpg (oil tanker)https://filtercon.files.wordpress.com/2013/02/fish-in-polluted-water.jpg (fish killed)http://blog.rarenewspapers.com/wp-content/uploads/2008/12/gusher_oil_strike.gif (spindle top gusher)http://www.opinion-maker.net/contents/uploads/2014/11/oil-derrick-rigs-dusk.jpg (oil derricks) http://commons.wikimedia.org/wiki/File:Water_and_oil.jpg#/media/File:Water_and_oil.jpg (Water & Oil)https://news.wsu.edu/wp-content/uploads/2014/03/Red-Light-to-Starboard-infographic.jpg (Valdez since)http://s.newsweek.com/sites/www.newsweek.com/files/2014/03/27/exxon-valdez-newsweek-cover_0_0.jpg (newsweek)http://images.usatoday.com/news/_photos/2007/02/01/oilduck.jpg (oiled duck)http://www.mychemset.com/new/images/miscibility.jpg (miscibility)http://imk209.wikispaces.com/file/view/emulsion...jpg/270995184/emulsion...jpg (emulsion)http://farmwars.info/wp-content/uploads/2011/07/Corexit.jpg (Corexit)http://bp-claim.com/wp-content/uploads/2011/02/dispersant.jpg (Dispersant)http://jolietlibrary.org/sites/default/files/1980sa/Oil%20Spill%201.jpg (Exxon headline)http://eachus.com/wp/wp-content/uploads/2011/04/exxon_valdez_2.jpg (Valdez headline 2)http://www.theguardian.com/environment/bp-oil-spill (Deepwater explosion)http://www.examiner.com/article/deepwater-horizon-sub-sea-blowout-expert-says-oil-spill-doomsday-scenario-may-have-already-begun (Doomsday headline)http://www.emergency-response-planning.com/news/bid/47933/INFOGRAPHIC-Relief-Wells-and-Subsea-Containment (BP Relief Wells)http://visual.ly/cost-and-effects-oil-spill (Barrel and gasoline ratio)http://www.cleveland.com/nation/index.ssf/2010/08/bp_vice_president_says_blowout.html (BP says BOP altered)http://mije.org/richardprince/bp-blocks-photos-oil-spill-damage (Times Picayune Top Kill)http://www.acecr.ir/ShowProduct.aspx?FID=aKeHsuBY8H0= (Well casing)http://www.csmonitor.com/var/ezflow_site/storage/images/media/images/0617-blowout-preventer-diagram.jpg/8149205-1-eng-US/0617-blowout-preventer-diagram.jpg_full_600.jpg (BOP)http://www.sqwalk.com/q/sites/default/files/reliefwell.jpg (Relief Well Progress)http://www.viscopedia.com/fileadmin/_processed_/csm_Graph_Oil_Sotrax_15W40_1024_c4b9ba1e62.png (Oil Viscosity vs Temp 15W40)http://static.mimaterials.com/midel/MIDEL%207131%20Kinematic%20Viscosity2.png (Crude oil Viscosity vs Temp)http://www.marineinsight.com/wp-content/uploads/2013/01/SingleVSDouble-Hull.gif (Single Hull vs Double Hull Tanker)http://cdn3.dogomedia.com/pictures/1144/content/microbes20100618_MICROBES.large.prod_affiliate.91.jpg?1285703480 (oil eating microbes)http://www.scientificamerican.com/slideshow/gulf-oil-eating-microbes-slide-show/ (T. Oleivorans)http://www.onearth.org/earthwire/bp-spill-point-a-la-hache-oystermen (Byron Encalade)http://www.radiology.vi/Pages/STR-SvcVV-Basics.html (vein valves)http://www.sciencealert.com/this-new-mesh-captures-oil-but-lets-water-filter-through (oil repelling mesh)