To submit comments: Public input critical to protect coastlines and communities in Alaska

On October 15, 2019 Alaska Department of Environmental Conservation opened a public scoping process to solicit comments and input from stakeholders, the public, and industry on areas where Alaska oil spill regulations (18 AAC 75, Article 4) and Alaska State Statute 46.04 (AS 46.04), Oil and Hazardous Substance Pollution Control, could be streamlined.

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Board Resolution 19-03: Safeguarding Alaska’s Oil Spill Prevention and Response Standards

Cover of report titled "Alaska's Oil Spill Response Planning Standard - History and Legislative Intent
To find out more about the history and legislative intent of Alaska’s strong Response Planning Standards, read the Council’s August 2018 report: Alaska’s Oil Spill Response Planning Standard – History and Legislative Intent (Council report/PDF)

The Prince William Sound Regional Citizens’ Advisory Council passed Resolution 19-03 on October 29, 2019: Safeguarding Alaska’s Oil Spill Prevention and Response Standards

WHEREAS, after the 1989 Exxon Valdez oil spill, Congress found that complacency on the part of industry and regulators played a role in the spill, the public trust was broken, and one way to combat this complacency and rebuild trust was to involve the public, those with the most to lose in the event of a large spill, in decisions that affect the safe transportation of oil;

WHEREAS, Congress enacted the Oil Pollution Act of 1990 that included, among other things, the creation of citizen advisory councils for Cook Inlet and Prince William Sound;

WHEREAS, after the Exxon Valdez oil spill, Alaska citizens and the Alaska Legislature worked together to protect the state from major oil spills by enacting comprehensive laws and regulations (Council report/PDF) dealing with prevention, response, contingency planning, financial responsibility, oversight, monitoring, and other subjects related to the safe handling and transportation of oil and other hazardous substances;

WHEREAS, these laws and regulations were based on real world experiences and the painful lessons of the Exxon Valdez oil spill and were crafted in coordination with State government and oil industry partners, requiring extensive compromise in the determined Response Planning Standards ;

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Long-term monitoring in Prince William Sound shows lowest contamination levels in study’s history

Results from the Council’s efforts to monitor the long-term environmental impacts of the operation of Alyeska Pipeline Service Company’s Valdez Marine Terminal and associated tankers since the Exxon Valdez oil spill have shown oil contamination in Prince William Sound and the Gulf of Alaska has reached all-time low values. The Council has been conducting environmental monitoring since 1993.

Alyeska and its owner companies have implemented several improvements over the years which have contributed to the reduction of pollutants being discharged. These include the elimination of single-hulled tankers and Alyeska’s ability to effectively operate their Ballast Water Treatment Facility which removes oil contamination from tanker ballast water.

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Strong regulations are a result of hard lessons

Donna Schantz

By Donna Schantz
Executive Director

The oil spill prevention and response system created for the Valdez Marine Terminal and associated tankers after the 1989 Exxon Valdez oil spill is one of the best in the world. Alyeska Pipeline Service Company and the Trans Alaska Pipeline System tanker operators have worked with regulators and citizens to continuously improve the system over the years. Industry safety records, coupled with the lack of significant spills in the past 30 years, point to the success of industry working within the current system. Credit is also due to the foresight of Congress for enacting the Oil Pollution Act of 1990, which included the creation of the citizen councils, and to the State of Alaska for implementing strong statutes and regulations. The Joint Pipeline Office was created in 1990 to coordinate efforts of the 13 different state and federal regulatory agencies with oversight responsibilities at the Valdez Marine Terminal.

One only needs to compare the prevention and response capabilities prior to 1989 to what is in place today to recognize the vast improvements that have been made. While the Council has had disagreements with industry over the years, there have been numerous examples of industry, regulators, and citizens working cooperatively and collaboratively to find solutions.

“The notion that safety can be ensured in the shipping industry  through self-regulation has proved false and should be abandoned as a premise for policy. Alert regulatory agencies, subject to continuous public oversight, are needed to enforce laws governing the safe shipment of oil.”

– Alaska Oil Spill Commission Report (1990) The Wreck of the Exxon Valdez: Implications for Safe Transportation of Oil.

Over the past few years the Council has been seeing a steady erosion in regulatory oversight, staffing, funding, and coordination among many of the federal and state agencies responsible for enforcing the strong laws and regulations. Agency budgets have been reduced, and personnel are being tasked with doing more with fewer resources. The Council wants to do everything possible to make sure the safeguards put in place over the past 30 years are not weakened.

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