Preventing oil spills requires strong safeguards, oversight, and information

Donna Schantz

By Donna Schantz
Executive Director

I was reminded recently that when the Oil Pollution Act of 1990, or OPA 90, was voted on by Congress after the Exxon Valdez oil spill, it passed unanimously by both the House and the Senate. That kind of bipartisan support and unity is hard to image today, yet it is only when we set our differences aside and work together to find common ground that true and lasting change is made – for the good of all.

The Council’s mandates under OPA 90 include fostering long-term partnerships with government and industry. The Act specifically states, “…only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus.”

While the Council strives to build and maintain positive relationships with industry and regulators, the nature of our mission is to observe, ask questions, verify information, provide advice, and push for the highest level of transparency and safeguards. This has led to some uncomfortable conversations and recommendations over the years, and continues to this day. But, respectful disagreement is a cornerstone to addressing issues.

With that said, when information is withheld from citizens, trust is broken. If we look into issues and are told we don’t have all the facts, or that we have gotten something wrong, we are open to further examining and reevaluating our findings and conclusions based on the new information. However, we can’t correct any perceived inaccuracies unless we are provided what is needed. Improving the Council’s access to data and information necessary to fulfill our federally mandated role is the only way we can move forward together and work collaboratively with our industry and regulatory partners.

Another uncomfortable reality is the continued, and now escalating, federal budget cuts. The Council has raised concerns for years about reduced budgets, staffing, and resources at the agencies that oversee the Trans Alaska Pipeline System, including the Valdez Marine Terminal. Recent cuts to science and research budgets based on what is being characterized as an excessive and burdensome regulatory environment has concerned and alarmed many academics, researchers, and conservationists – as well as local citizens in our region. All of these concerns increase the risk of a major oil spill.

When we have comprehensive and consistent regulatory oversight, at both the federal and state level, along with citizen involvement, we create an environment that promotes development and ensures it is done safely. At a time when the U.S. is trying to unleash the full potential of American energy, we should be working to support a balanced approach for these agencies in their work, not cutting and decimating them.

All of this makes the work of the Council, and the need for all parties to work together on solutions, more important than ever. We need to be willing to have the uncomfortable conversations, respectfully and inclusively, and ensure there is adequate information to understand all impacts in the interest of safe transportation of oil through our region. We owe this to all those that suffered after the Exxon Valdez oil spill, and to those who would suffer if another similar disaster were to happen. We must be strong in the face of adversity. Only together – government, industry, and citizens – can we protect our resources, economies, communities, and environment, as was envisioned when OPA 90 was unanimously endorsed.

Council’s archives hold valuable lessons

By Donna Schantz
Executive Director

Donna Schantz

Since its inception, the Council has placed a high value on keeping a historical record of documents related to the transportation of oil through Prince William Sound. This includes information that documents the background and rational for implementing many of the safeguards put in place based on lessons learned from the Exxon Valdez oil spill. Our archive today is home to over 36,000 files containing a wealth of information.

Many of these documents are scientific studies and technical reports sponsored by the Council, dating back to the early days of our existence. A great example are two studies conducted by Dr. Richard Fineberg in the early 2000s, one on the profits from the oil industry and another on how the industry plans to clean up its facilities after oil no longer flows through the pipeline.

Dr. Fineberg, who died in 2024, conducted studies for other organizations, and our internal document archives contain a record of many of them. A look through some of these is enlightening, such as his 1996 report titled “Pipeline in Peril – A Status Report on the Trans-Alaska Pipeline.” This report was sponsored by the Alaska Forum for Environmental Responsibility, which is no longer in business, to look into reports from “concerned employees” that Alyeska had been cutting corners, putting employees and the environment at risk.

These sentiments echo statements made by concerned employees starting in 2022, as documented in our 2023 report by Billie Pirner Garde titled “Assessment of Risks and Safety Culture at Alyeska’s Valdez Marine Terminal.”

Who is paying attention to these details?

After the Exxon Valdez oil spill, the U.S. Congress found that complacency on the part of industry and government was a contributing factor to the incident. The writers of the Oil Pollution Act of 1990 included a call for the creation of citizen councils to give citizens a voice in the decisions that can put their livelihoods, resources, and communities at risk.

Our organization is one of those councils. Our 2023 Garde report is a reminder that our mission and purpose are not only still relevant, but needed just as much if not more today. Fortunately, upon receiving the Garde report, Alyeska initiated a hard look at their safety culture, technical capacity, process and policy, as well as the safety concerns brought forward, and has taken actions to address many of the concerns.

Why is oversight important?

Walt Parker, former member of our Board, had a long history of involvement with the oil industry in Alaska. Among the many roles he served during his career, Parker was appointed chairman of the Alaska Oil Spill Commission that was created to investigate the causes of the Exxon Valdez spill. The Commission issued 52 recommendations to improve national, state, and oil industry policies, including one recommendation that called for the creation of our Council. In the forward to their final report, “Spill: The Wreck of the Exxon Valdez – Implications for Safe Transportation of Oil,” Parker described their efforts in the 1970s to design a system that would prevent spills from the soon-to-be oil transportation facility.

Parker wrote that the 1989 spill “could have been prevented if the vigilance that accompanied construction of the pipeline in the 1970s had been continued in the 1980s.”

Instead, as the commission discovered, by 1989, complacency and cost-cutting had returned, leading to disaster.

Fighting complacency

The Council was created, in part, in anticipation of a time when memories of the Exxon Valdez oil spill begin to fade. When there is no one left who can recall the smell of the oil, the sight of suffering wildlife, the feel of anger and despair because livelihoods may have been destroyed, it is more likely that protections may begin to appear stale, burdensome, and unnecessary.

The fact that there has not been another major oil spill in our region since 1989 is a testament to the safeguards put in place following that disaster. These safeguards are built on many lessons learned over time; historical knowledge that is key to maintaining our present system of prevention and preparedness. It is critical that industry, government, and citizen leaders remain cognizant of that history. The Council will always advocate for maintaining and improving our current systems, as well as staying vigilant against measures that could allow complacency to weaken existing protections.

Good resource development depends on strong regulations

Archibald and Schantz

By Board President Robert Archibald and Executive Director Donna Schantz

Nothing can change the damage that resulted from the 1989 Exxon Valdez oil spill. Since our creation, the Council’s goal has always been to try to ensure it never happens again, at the same time making sure we are prepared with a strong response system in case prevention measures fail. We know that the more you tackle challenging issues and prepare ahead of time, the greater the likelihood of reducing the potential damage.

Our volunteers and staff put in countless hours fulfilling our mandates outlined in the Oil Pollution Act of 1990 and our contract with Alyeska Pipeline Service Company.

While much work continues to be done, we are still seeing concerning trends in the loss of experienced personnel, high attrition rates, and budget and staffing cuts in industry and the associated regulatory agencies. The Council has been raising concerns about the diminishment of agency oversight at the Valdez Marine Terminal for over a decade. We hope that a review of the adequacy of the present regulatory oversight of terminal operations, currently being conducted by the federal Government Accountability Office, will highlight any deficiencies that need to be addressed. And, while we are encouraged by Alyeska’s response to our 2023 report “Assessment of Risks and Safety Culture at Alyeska’s Valdez Marine Terminal,” we diligently continue to try to move all its recommendations forward.

We know that a strong regulatory structure benefits development in our state. It also is the cornerstone of protection for our people, communities, economies, and environment. After years of regulatory diminishment, we now need to see the actions necessary to not only stop the cutbacks, but also then restore these agencies to the levels put in place based on lessons learned from the 1989 oil spill.

While the Council is always ready to listen to what industry and regulators are willing to share with us, we will also continue to closely watch what they do. And that is what we are here to do: we listen, we watch, and we advise. We sometimes say that “Trust, but verify” is our unofficial motto. We want to trust that the problems we are speaking out about will be addressed, but will not stop our inquiries and our work until we can verify that they have been.

We know that industry and regulatory agencies have the same goal in mind as the Council: the safe transportation of oil through our region. Our role in that shared goal is defined by and dependent on citizen engagement. We must watch what is happening – the decisions being made, risks being assessed, safety measures implemented – and never be afraid to speak up. Those with the most to lose from oil pollution must have a voice in the decisions that can put their livelihoods and communities at risk. We will continue to work hard to be that voice.

Remaining vigilant: Review of government oversight is needed

Donna Schantz

By Donna Schantz
Executive Director

Last year, the Council released a report titled, “Assessment of Risks and Safety Culture at Alyeska’s Valdez Marine Terminal.” This report was initiated in response to safety concerns brought to the Council by concerned current and former Alyeska employees. The main conclusion was that there currently is an unacceptable safety risk to the terminal.

The Council has been encouraged by Alyeska’s response to this report. We stand ready to support Alyeska, and state and federal regulatory agencies, in our role as an advisor.

One of the recommendations in the report was for Congress to initiate a review by the Government Accountability Office, or GAO, to determine the adequacy of the present regulatory oversight of terminal operations by federal and state agencies. The GAO reviews federal programs on behalf of Congress and provides fact-based, nonpartisan information to lawmakers and federal agencies that can be used to improve government.

The Council is pleased to report that members of Alaska’s Congressional Delegation have requested the review and a GAO review team has been formed. The GAO team has now started their review of the regulatory and safety oversight of the Trans Alaska Pipeline System, or TAPS, which includes the 800-mile pipeline and the Valdez Marine Terminal.

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