Citizens’ council calls for increased oil spill funding

Guest Opinion

By RICK STEINER

Rick Steiner
Rick Steiner

A universal truth in all major oil spills is that once the oil is spilled, the damage is done. In Alaska, damage from the 1989 Exxon Valdez persists today, 24 years later. In the Gulf of Mexico, serious impacts from the 2010 Deepwater Horizon blowout are well documented, and will almost certainly persist for decades as well. Despite the billions of dollars spent on these two response efforts, both failed to prevent severe, long-term impacts.

It is important to admit that spill response and restoration are largely ineffective, so we need to do everything possible to prevent spills from ships, pipelines, and drilling.

But although we know exactly how to better reduce spill risks, we are continually told that there is not enough money available to do so, particularly with current federal budget problems. The federal government’s Oil Spill Liability Trust Fund, which collects 8 cents per barrel on oil nationwide, is authorized to pay for spill prevention measures, but such requests must first go through a politicized congressional appropriations process. Because of this, the fund is virtually never used for spill prevention, and almost always just for after-spill response costs – a politically easier lift in Congress. Thus, many necessary prevention measures are either left to be paid from government general funds (e.g. us taxpayers), or are left unfunded altogether. Clearly, this is bad economics, and needs to be fixed. It is high time that industry begins to pay its spill prevention bill in full.

Last month, the Prince William Sound Regional Citizens’ Advisory Council took a big step toward fixing this long-standing problem, by unanimously adopting a resolution proposing to amend the fund and the Oil Pollution Act of 1990, in four ways:

  1. Increase the oil fee paid into the fund;
  2. Institute a spill fee on cargo ships, which are covered by the fund but do not currently pay into it;
  3. Make the fund easily accessible for spill prevention measures nationwide;
  4. Increase the Act’s financial liability limits for spills.

If the U.S. Congress passes legislation based on the council’s resolution, it would constitute the most significant increase in oil spill prevention and response preparedness funding in U.S. history, while actually reducing government costs.

The expanded fund would support additional safety measures in Prince William Sound, Cook Inlet, the Aleutians, the Arctic, and all the nation’s waterways. It could pay for such safety measures as risk assessments, vessel traffic systems, continuous ship tracking, routing agreements, rescue tugs, escort tugs, weather buoys, enhanced ship inspection, aids-to-navigation, enhanced oversight of offshore drilling facilities and pipelines, additional citizens’ councils, expanded response capabilities, and so on.

To do such, the fund needs to become easily accessible by the Coast Guard and other federal agencies, coastal states (including Alaska), and local governments without having to go through the congressional appropriations process. The Coast Guard needs discretionary authority to put the fund to work implementing necessary spill prevention measures.
And while there is presently about $2.7 billion in the fund, if the council’s proposal is adopted and the fund becomes available for enhanced spill prevention measures nationwide, it would be depleted fairly quickly. Thus, it will be necessary to increase the revenue into the fund. On specifics, I would suggest the following:

  1. Increasing the current oil fee from 8 cents per barrel to say 20 cents per barrel (only 0.2% of current oil price, or less than one cent per gallon of gasoline)
  2. Instituting a fee on cargo ships, say 10 cents per ton of cargo shipped through U.S. ports.
  3. Tar sands oil and shale oil projects, which are now exempt from the fee, need to begin paying into the fund.

These three enhancements would more than double income into the fund from the current $500 million per year to over $1 billion per year, and again, at no cost to the federal budget. In fact, this additional industry funding would help offset and replace current government spill prevention budgets. This would transfer the current costs of spill risk reduction from government and the taxpayers, directly to the industry posing the risk, something that should resonate with both sides of the political aisle. Reducing the risk of spills while reducing government costs – a win-win.

The council’s resolution also proposes that the current Act’s financial liability limits be significantly increased, as they do not currently provide sufficient incentive for responsible corporate behavior. Many suggest that spill liability limits be eliminated altogether.

Through this resolution, the council is again providing exemplary leadership in securing the safety of the seas and coasts of Alaska, and the rest of the nation. If Congress and the administration adopt the proposal, then we won’t have to just sit around waiting to mount a multi-billion dollar, ineffective response to the next Exxon Valdez or Deepwater Horizon – we may just be able to prevent such costly disasters in the first place.

  • Rick Steiner was a marine conservation professor from 1980-2010, and is now an environmental consultant with Oasis Earth, based in Anchorage.

New deputy director for administration to lead council staff in Anchorage

Former Coast Guard commander Stephen Rothchild has been hired as administrative deputy director for the council. Rothchild began work in the Anchorage office on April 1.

He replaced Stan Jones, who retired after 17 years with the council.

“We are delighted to have someone with Steve’s knowledge of Prince William Sound taking over this position,” said Mark Swanson, executive director of the council, “Stan will of course be a hard act to follow, but Steve is so easy going and brings such a great skill set, I’m sure everyone will enjoy working with him.”

Rothchild comes to the council from Juneau where he has been a tour boat captain for the past several years.

In 2008, Rothchild retired from the Coast Guard after 23 years, ten of those years stationed in Alaska. While in Alaska, he spent time as captain of Coast Guard Cutters Sweetbrier and Sycamore in Cordova.

His career experiences include a broad mix of management, vessel operation, strategic planning, and leadership roles.
Patience Andersen Faulkner, council representative for the Cordova District Fishermen United, remembers Steve and his family from his days in Cordova fondly.

“Steve brings with him great skills working with communities,” Andersen said, “In Cordova, he led a crew of Coast Guard recruits who joined in and became part of the Cordova/Prince William Sound community.”

Rothchild combines his familiarity of Prince William Sound with his management skills to fill the critical role of administrative deputy director at the council. He oversees staff administration, provides media relations and public information for the council, and leads the Anchorage staff office.

“Steve’s leadership on the Sycamore was reflected in his crew’s involvement and engagement with Cordova and Prince William Sound residents,” Faulkner said, “I know he will be bringing those relationship and leadership skills to the council.”

Rothchild is a native of New York City. He graduated in 1985 from the U.S. Coast Guard Academy with a Bachelor of Science degree in Chemistry and holds a Master’s degree in Business Administration from the University of Phoenix.

His first taste of Alaska was as a senior Coast Guard academy cadet on a vessel patrolling fisheries in the Bering Sea and Bristol Bay during the summer. As his last duty with the service, he patrolled king crab fisheries on board the Munro, which had just moved to Kodiak.

Rothchild and his wife, Mimi, will be finishing their relocation to Anchorage this summer and are looking forward to learning all about what Alaska’s only big city has to offer.

Possible funding shortfall for state spill prevention and response on the horizon

Funding for the state agency in charge of oil spill prevention and response is projected to go into the red within three years if no action is taken by the Alaska Legislature.

The Department of Environmental Conservation’s Spill Prevention and Response Division, known as SPAR, is the agency in charge of oil spill prevention and response capabilities for Alaska.

SPAR reviews and approves oil spill prevention, response and contingency plans for oil terminals, pipelines and other oil industry facilities. SPAR is also responsible for ensuring a rapid spill response to protect human health and the environment.

SPAR’s programs are supported by a nickel surcharge added to each barrel of oil produced in Alaska. That revenue, known as the “470 Fund,” pays for prevention program costs as well as costs the state would incur in the event of an oil or other hazardous material spill. One penny per barrel of oil funds the ability for SPAR to respond to spills and is capped at $50 million. Four cents per barrel goes towards prevention and funds the day to day activities of SPAR. The prevention account has no cap.

Over the years the funds available to SPAR have been reduced by a substantial amount due to inflation, decreased oil through the pipeline, and diversion of funds into other programs such as contaminated site cleanups and litigation. An estimate by the department shows the funding will soon fall below the amount needed to keep current operations fully funded.

When the fund was created by the Alaska Legislature in 1986, the amount that could be collected for the response account was capped at $50 million. Almost 28 years later, the cap is still at $50 million. The council’s position is that that the response cap should be increased to match its original value in current dollars and adjusted annually for inflation. In addition, once the increased cap is met on the response side the one cent could be transferred to the prevention account to narrow the inflation gap.

In February, council board members Steve Lewis, John Velsko and Patience Andersen Faulkner, along with council staff and the council’s legislative monitor Doug Mertz met with elected officials in Juneau. They expressed the council’s concern that both prevention work and the state’s ability to respond to a major spill would be compromised by the potential shortfall.

Invasive species bill introduced to Alaska legislature

In February, Representative Paul Seaton of Homer introduced House Bill 89 to the Alaska legislature. This bill, if passed, would direct the state’s Department of Fish and Game to set up a plan for an interagency rapid response to an invasion of non-native species. The bill called for funding to support the response efforts.

The bill passed through the House Fisheries and Resource Committees unopposed and was still in its final House committee, Finance, when the legislature adjourned. The council expects the committee to take it up when the legislature reconvenes in January and pass it. So far there has been no opposition to the bill, except for the fact that it will require a modest short-term expenditure to draft an interagency response plan.

Aquatic invasive species are a well-known problem in Alaska. Once introduced, aquatic invaders are difficult to eradicate, and can have a permanent effect on the environment including catastrophic damage to local fisheries.

In June 2010, researchers discovered Didemnum vexillum — also known as “rock vomit” — in Whiting Harbor near Sitka. This species, which can cover large areas of the seafloor, is an aggressive invader and a potential threat to shellfish farms, groundfish fisheries, fish spawning and other resources.

The council is particularly concerned about invasive species such as European green crab which can potentially travel in the ballast water of oil tankers and be released into Prince William Sound.

For more on aquatic invasive species in Prince William Sound, visit our Marine Invasive Species page.

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