Regulatory Reform 2019

Public statements by Commissioner Brune cause concern

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The recent public scoping notice issued by the Alaska Department of Environmental Conservation, along with statements made by the department’s commissioner, Jason Brune, have caused concern at the Council.

Some of the commissioner’s statements were interpreted as encouraging a reduction in regulations, safeguards that could lead to a return to the complacency that led to the 1989 Exxon Valdez oil spill.

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References to “burdensome” regulations

Last March, the commissioner spoke to Alaska’s Resource Development Council, an organization comprised of representatives from Alaska’s oil and gas, mining, timber, tourism, and fisheries industries. He told the group that he has been focusing on the word “economic” in the department’s mission: ‘Conserving, improving, and protecting Alaska’s natural resources and environment to enhance the health, safety, economic, and social well-being of Alaskans.’ He specifically requested comments from members of the business group regarding which regulations they view as “overly onerous” and “unnecessary.” “We need to make sure that we hear from you what we can do to help make Alaska open for business,” Brune told them.

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News release: Board issues position on safeguarding Alaska’s oil spill prevention and response standards

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Input from public critical to protect Alaska coastlines and communities

The Council voted on October 29, 2019, to pass a resolution stating strong opposition to any legislative or regulatory changes that erode oil spill prevention and response standards, increase the risk of a catastrophic spill, or demonstrate a return of the complacency on the part of oil the industry and regulators that Congress determined to be a primary cause of the Exxon Valdez oil spill.

The resolution was prompted by a public scoping process recently opened by the Alaska Department of Environmental Conservation. The department is soliciting 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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To submit comments: Public input critical to protect coastlines and communities in Alaska

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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

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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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