It’s More Than Just A Spill By: Joseph Leonard and Maren Harding

Introduction Prevention efforts since the Oil Pollution Act of 1990 (OPA 90) have had significant effect on reducing the number of oil spills. Those activities not directly related to cleaning up the spilled oil seem to be causing the most concern as of late including: environmental stewardship, waterways management, resource management, and a wide array of legal issues. The basic goal of any federal, state, local, or private sector responder involved in oil spill response is to "Conduct operations in accordance with the Site Safety Plan to minimize impact on life, evidence, property, and the environment." Twenty years after OPA 90, in the era of the “All-Threat/All-Hazard” environment, we find there is a need to approach response management from a more holistic viewpoint.

Spill Management History OPA 90- Oil Spill Focus Unified Command Included Federal, State, & Responsible Party (RP) Representatives Coordination Via Area Committees National Contingency Plan As Guiding Document Post “All-Threats/All-Hazards” Focus Unified Command Includes Federal, State, Local, Tribal, RP, & Other Representatives Coordination Via Area Committees, Area Maritime Security Committees, Harbor Safety Committees, & Local Emergency Planning Committees Guiding Documents Include National Response Framework, National Contingency Plan, Area Contingency Plans, Area Maritime Security Plans, & State & Local Emergency Plans

Environmental Stewardship History OPA 90 established guidelines to restore natural resources that are injured and services that are lost as a result of oil spills. Emergency response objectives are developed specifically to protect natural resources and maximize recovery. Air monitoring Typically Left To Responsible Party, Local EMS, Or USCG Strike Teams Not A Requirement For OSRO’s So No Focus On Equipment During Emergency Response Phase Monitoring Data Usually Lost In Emergency Response Phase And Not Included In Long-term Environmental Actions

Environmental Stewardship (Cont’d) Shoreline Cleanup and Natural Resource Damage Assessment Cleanup Endpoints and Recovery Goals Need To Be Set From Day One All Resource Trustees Must Be Present From The Beginning Dual Objectives Of NRDA And Shoreline Assessment Are Best Met When Field Surveys For These Activities Are Well Coordinated From The Beginning To End Teams Must Remain Intact During Assessment Period For Consistency Long-term environmental impacts Can Be Costly To RP’s With NRDA Fees Can Cast A Negative Perception One The Response Site Specific Response Strategies In Advance Of An Incident Are A Must Oil Spill Response Industry Must Be Proactive In Increasing Stakeholder Knowledge

Waterways Management Maritime Trans. System Recovery Unit Infrastructure Recovery Planning Short-term Goals Long-term Goals And Planning Strategic Focus And Prioritization For Recovery Marine Transportation System Status Must Understand Critical Recovery Pathways Recommend Courses Of Action To UC Should Be Staffed By US Coast Guard Personnel Should Be Avenue Of Input Into UC For Marine Transportation Stakeholders Port Coordination Team Maritime Transportation System Focus Short-term Recovery Focus Tactical Focus Via Brokering Competing Resources And Prioritizing Critical Assets Captain Of The Port Supported With Regional Buy In Extensive Membership Chaired By VTS Director Members Including Port Authorities, Vessel Pilots, Vessel Owners/Operators, & Facilities

Waterways Management Boating Public General Boating Public Can Be Strong Ally Or Determined Adversary Active Engagement Of Commercial Fishing Interests Potential Vessels Of Opportunity

Legal Issues History Legal Liabilities Are Controlled By OPA 90 And State Statues Legal Structure Is Contained In National Incident Management System Incident Command Structure (NIMS ICS) Investigations Governmental Investigations Can Be Administrative Or Criminal Civil Liabilities Include Personal Damage And/or Property Damage All Investigations Must Be Coordinated With Spill Response To Avoid Compromise To The Effectiveness Of The Response

“EAGLE OTOME ” Spill Legal Issues Property Damage From Allision And Collision Personal Injury Suits From Vessel Personnel 20,000 Alleged Personal Injury Claims From H2S Inhalation Joint National Transportation Safety Board-USCG Board Investigation 3 Law Firms Working Behind The Scenes Toll-free Number Up And Running In 3 Days On-Going Legal Issues NRDA Settlements Civil Penalties From State Of Texas OPA 90 Claims Personal Injury Claims Property Damage From Collision

Public Information Management JIC Set Up Through Unified Command Accurate Information Must Get To The Public From UC UC Must Act On A Prompt Basis To Inform Public Must Work To Correct misinformation Requirement Of OPA 90 Is That RP Has 10 Days To Advertise For Claims, However This Should Be Dealt With ASAP Best Case Scenario Would Be A “Real Live” Person That Is Informed Of The Response Status, & Knowledgeable Of The Claims Process RP Should Sponsor A Dedicated Website With Real Time Information About The Response & Claims Procedures With Content Of The Page Cleared By The JIC Economic And Legal Consequences Of Inaccurate Media Reporting Cannot Be Over Emphasized!

Resource Management Salvage and Marine Firefighting Concerns Salvor Is Now Brought Into The Initial Notification Procedures Post February 2011 Salvor Expertise And Equipment Enhance The Effectiveness Of The Response Salvor Must Recognize The Value And Protocols Of Working Within The ICS OSRO coordination Improper documentation and tracking of the response will be felt for years, must know what is where at all times! Clear communications to the field from the Spill Management Team with follow-up in the initial response phase will reduce resource documentation and tracking issues as the incident progresses and demobilization begins Utilization of Special Forces Can Assist With Oversight In Resource Control And Communications Can Include Local Hazardous Material Teams, USCG Strike Forces, & National Guard

Conclusions Today’s response dynamics require response managers to go to a 10,000 or even a 25,000 foot view to see the cascading impact of a particular incident, as our decisions may have a domino effect that impact a wide array of stakeholders.

Conclusions (cont’d) While it may be impossible to prevent speculation by poorly informed members of the media and the general public, strong efforts need to be made to not only to get out accurate information on a prompt basis, but to also attempt to correct the reporting of incorrect information. The potential economic and legal consequences of inaccurate media reporting cannot be over emphasized. Involvement of a UNIFIED JIC is critical and the JIC MUST be proactive!

Conclusions (Finally the end!) Increasing stakeholder knowledge about the environmental risks associated with oil spills will help local decision makers become a functioning part of the oil spill response. Uninformed individuals make uninformed decisions. Uninformed decisions could cause unnecessary long-term environmental damage and cost the RP mitigation fees for years to come. In order to inform stakeholders we MUST involve them during the planning process!!!

Pre-incident relationships are the key to successful responses!