Category Archives: national ocean politics

EPA moves to protect Bristol Bay fishery from Pebble Mine — Agency action begins process to prevent damage to world’s largest sockeye salmon fishery

While the announcement just now by EPA does not have direct implications for protecting Bristol Bay from offshore drilling, EPA’s recognition and acknowledgement of the world-class salmon stocks there can’t hurt …..Richard Charter

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Release Date: 02/28/2014

Contact Information: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

(Washington, D.C.-Feb. 28, 2014) The U.S. Environmental Protection Agency is initiating a process under the Clean Water Act to identify appropriate options to protect the world’s largest sockeye salmon fishery in Bristol Bay, Alaska from the potentially destructive impacts of the proposed Pebble Mine. The Pebble Mine has the potential to be one of the largest open pit copper mines ever developed and could threaten a salmon resource rare in its quality and productivity. During this process, the U.S. Army Corps of Engineers cannot approve a permit for the mine.

This action, requested by EPA Administrator Gina McCarthy, reflects the unique nature of the Bristol Bay watershed as one of the world’s last prolific wild salmon resources and the threat posed by the Pebble deposit, a mine unprecedented in scope and scale. It does not reflect an EPA policy change in mine permitting.

“Extensive scientific study has given us ample reason to believe that the Pebble Mine would likely have significant and irreversible negative impacts on the Bristol Bay watershed and its abundant salmon fisheries,” said EPA Administrator Gina McCarthy. “It’s why EPA is taking this step forward in our effort to ensure protection for the world’s most productive salmon fishery from the risks it faces from what could be one of the largest open pit mines on earth. This process is not something the Agency does very often, but Bristol Bay is an extraordinary and unique resource.”

The EPA is basing its action on available information, including data collected as a part of the agency’s Bristol Bay ecological risk assessment and mine plans submitted to the Securities and Exchange Commission. Today, Dennis McLerran, EPA Regional Administrator for EPA Region 10, sent letters to the U.S. Army Corps of Engineers, the State of Alaska, and the Pebble Partnership initiating action under EPA’s Clean Water Act Section 404(c) authorities.

“Bristol Bay is an extraordinary natural resource, home to some of the most abundant salmon producing rivers in the world. The area provides millions of dollars in jobs and food resources for Alaska Native Villages and commercial fishermen,” McLerran said. “The science EPA reviewed paints a clear picture: Large-scale copper mining of the Pebble deposit would likely result in significant and irreversible harm to the salmon and the people and industries that rely on them.”

Today’s action follows the January 2014 release of EPA’s “Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska,” a study that documents the significant ecological resources of the region and the potentially destructive impacts to salmon and other fish from potential large-scale copper mining of the Pebble Deposit. The assessment indicates that the proposed Pebble Mine would likely cause irreversible destruction of streams that support salmon and other important fish species, as well as extensive areas of wetlands, ponds and lakes.

In 2010, several Bristol Bay Alaska Native tribes requested that EPA take action under Clean Water Act Section 404(c) to protect the Bristol Bay watershed and salmon resources from development of the proposed Pebble Mine, a venture backed by Northern Dynasty Minerals. The Bristol Bay watershed is home to 31 Alaska Native Villages. Residents of the area depend on salmon as a major food resource and for their economic livelihood, with nearly all residents participating in subsistence fishing.

Bristol Bay produces nearly 50 percent of the world’s wild sockeye salmon with runs averaging 37.5 million fish each year. The salmon runs are highly productive due in large part to the exceptional water quality in streams and wetlands, which provide valuable salmon habitat.

The Bristol Bay ecosystem generates hundreds of millions of dollars in economic activity and provides employment for over 14,000 full and part-time workers. The region supports all five species of Pacific salmon found in North America: sockeye, coho, Chinook, chum, and pink. In addition, it is home to more than 20 other fish species, 190 bird species, and more than 40 terrestrial mammal species, including bears, moose, and caribou.

Based on information provided by The Pebble Partnership and Northern Dynasty Minerals, mining the Pebble deposit may involve excavation of a pit up to one mile deep and over 2.5 miles wide — the largest open pit ever constructed in North America. Disposal of mining waste may require construction of three or more massive earthen tailings dams as high as 650 feet. The Pebble deposit is located at the headwaters of Nushagak and Kvichak rivers, which produce about half of the sockeye salmon in Bristol Bay.

The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. The Act emphasizes protecting uses of the nation’s waterways, including fishing.

The Clean Water Act generally requires a permit under Section 404 from the U.S. Army Corps of Engineers before any person places dredge or fill material into wetlands, lakes and streams. Mining operations typically involve such activities and must obtain Clean Water Act Section 404 permits. Section 404 directs EPA to develop the environmental criteria the Army Corps uses to make permit decisions. It also authorizes EPA to prohibit or restrict fill activities if EPA determines such actions would have unacceptable adverse effects on fishery areas.

The steps in the Clean Water Act Section 404(c) review process are:

Step 1 – Consultation period with U.S. Army Corps of Engineers and owners of the site, initiated today.
Step 2 – Publication of Proposed Determination, including proposed prohibitions or restrictions on mining the Pebble deposit, in Federal Register for public comment and one or more public hearings.
Step 3 – Review of public comments and development of Recommended Determination by EPA Regional Administrator to Assistant Administrator for Water at EPA Headquarters in Washington, DC.
Step 4 – Second consultation period with the Army Corps and site owners and development of Final Determination by Assistant Administrator for Water, including any final prohibitions or restrictions on mining the Pebble deposit.

Based on input EPA receives during any one of these steps, the agency could decide that further review under Section 404(c) is not necessary.

Now that the 404(c) process has been initiated, the Army Corps cannot issue a permit for fill in wetlands or streams associated with mining the Pebble deposit until EPA completes the 404(c) review process.

EPA has received over 850,000 requests from citizens, tribes, Alaska Native corporations, commercial and sport fisherman, jewelry companies, seafood processors, restaurant owners, chefs, conservation organizations, members of the faith community, sport recreation business owners, elected officials and others asking EPA to take action to protect Bristol Bay.

For information on the Clean Water Act Section 404(c) visit: http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/upload/404c.pdf (PDF, 2 pp, 600K)

For information on the EPA Bristol Bay Assessment, visit: http://www2.epa.gov/bristolbay

Follow @EPAnorthwest on Twitter! https://twitter.com/EPAnorthwest

Special thanks to Richard Charter

Miami Herald: Feds support air gun blasts to find Atlantic oil, gas

http://www.miamiherald.com/2014/02/27/3963572/feds-support-air-gun-blasts-to.html

Thursday, 2/27/14whale

A study of what the controversial seismic tests would do to whales, dolphins and fish is on track for release at the end of February, an Interior Department official told lawmakers on Friday. Pictured is a North Atlantic right whale (Eubalaena glacialis). GEORGIA DEPARTMENT OF NATURAL RESOURCES / NOAA/MCT

BY SEAN COCKERHAM
MCCLATCHY WASHINGTON BUREAU
WASHINGTON — The Interior Department is endorsing seismic exploration for oil and gas in Atlantic waters, a crucial move toward starting drilling off the Carolinas, Virginia and possibly down to Florida.

The department released its final review Thursday, favoring a plan to allow the intense underwater seismic air gun blasts that environmentalists and some members of Congress say threatens the survival of whales and dolphins.

The oil industry wants to use the air guns to find out how much oil and gas lies along the U.S. Atlantic seabed. Federal estimates of a relatively modest 3.3 billion barrels of oil date from the 1970s and 1980s and are considered too low.

“The currently available seismic information from this area is decades old and was developed using technologies that are obsolete,” said Tommy Beaudreau, the director of the Bureau of Ocean Energy Management.

The federal government wants to use the information to decide whether to open up the mid- and south Atlantic to oil and gas drilling for the first time in decades. President Barack Obama had planned to start allowing drilling at least off the coast of Virginia, but he postponed consideration of the idea after the massive 2010 BP oil spill in the Gulf of Mexico.

The Interior Department’s plan is to start allowing underwater seismic air gun tests in an area from Delaware to Florida’s Cape Canaveral, though most of the push for offshore drilling involves the waters off the Carolinas and Virginia.

The seismic tests involve vessels towing an array of air guns that blast compressed air underwater, sending intense sound waves to the bottom of the ocean. The booms are repeated every 10 seconds or so for days or weeks.

The echoes are used to map the locations of subsea oil and gas deposits.

The Interior Department received more than 55,000 public comments on the proposal. Environmental groups warn that the blasts make whales and dolphins deaf, preventing them from feeding, mating and communicating. More than 50 members of Congress, including a few Republicans, have sent letters to the president opposing the seismic air gun tests and saying that up to 138,500 marine mammals could be injured by them.

Interior Department officials said their plan protected the endangered North Atlantic right whale by closing areas along the whales’ main migratory route to the air gun testing. Beaudreau said the tests would be monitored closely.

“We’re really going to require and demand a high level of environmental performance,” he said.

The environmental group Oceana said the protected area was too small and the endangered whales would suffer from the “dynamite-like blasts.”

“They are like the American bison of the ocean. They deserve protection. There are only 500 of them left,” said Matthew Huelsenbeck, a marine scientist for Oceana.

Oceana last week spearheaded a letter from more than 100 marine scientists and conservation biologists that urges the Obama administration not to approve the seismic tests until the National Marine Fisheries Services releases upcoming new acoustic guidelines for marine mammals.

Interior Secretary Sally Jewell is expected to give the final approval to the seismic testing plan in April. At that point the government would start reviewing the nine applications from companies that want to conduct the testing and decide whether their specific proposals should go forward.

House Natural Resources Committee Chairman Doc Hastings, R-Wash.,, said the seismic testing plan was a major milestone for efforts to open the Atlantic to oil and gas drilling.
“While it has taken far too long, this step today will help put America on a path to open new areas to more American energy production,” Hastings said.

The Obama administration is weighing whether to include mid- and south Atlantic oil and gas drilling in the next federal offshore leasing plan, which runs from 2017 through 2022.
The National Ocean Industries Association, a group that’s lobbying for offshore drilling,
said the Interior Department’s approval of seismic testing appeared to be a huge step. But the group said it needed to review the plan to make sure its restrictions didn’t make testing unworkable.

The industry group said seismic testing had been used for decades in the Gulf of Mexico and elsewhere in the world to make informed decisions about where to drill for oil.

There’s been controversy along the Gulf of Mexico, though, where the industry, environmental groups and government agencies settled a lawsuit last summer by putting some areas off limits to air gun testing for 30 months while environmental studies are conducted.

Email: scockerham@mcclatchydc.com; Twitter: @seancockerham

Read more here: http://www.miamiherald.com/2014/02/27/3963572/feds-support-air-gun-blasts-to.html#storylink=cpy

Special thanks to Richard Charter

E&E: Interior proposes near-doubling of spill liability cap

Phil Taylor, E&E reporter
Published: Friday, February 21, 2014

The Interior Department today announced plans to nearly double the current $75 million oil spill liability cap for offshore oil and gas development to keep pace with inflation, marking the cap’s first increase since passage of the Oil Pollution Act of 1990.

The proposed rule, which environmentalists called long overdue, would also spell out how Interior implements future increases to the cap.

“This proposed change is the first administrative increase to the liability cap since the Oil Pollution Act came into effect 24 years ago and is necessary to keep pace with the 78 percent increase in inflation since 1990,” said Bureau of Ocean Energy Management Director Tommy Beaudreau. “This adjustment helps to preserve the deterrent effect and the ‘polluter pays’ principle embodied in the law.”

Companies involved in a spill are legally responsible for the full cost of containing and cleaning up a spill. But Congress has capped companies’ liability for economic damages — people put out of work by the spill, fishermen who cannot fish, empty hotel rooms on the beach at high season — at $75 million. The BOEM proposal would raise the cap to $134 million, the largest increase allowed without legislation.

The proposal comes more than three years after a presidential BP PLC spill commission recommended that Congress “significantly” raise the liability cap, a proposal that has sputtered on Capitol Hill and has not seen serious consideration in years.

House Democrats in 2010 passed a bill to eliminate the cap, but oil state Democrats particularly in the Senate expressed concerns that such proposals could harm smaller operators. Sens. Mark Begich (D-Alaska) and Mary Landrieu (D-La.) worked hard on a compromise, but the issue seems to have dropped off Congress’ radar.

“Increasing the liability is long overdue,” said Athan Manuel, director of the Sierra Club’s lands protection campaign. “The $75 million cap was too low, especially when you consider catastrophic spills such as the Deepwater Horizon spill.”

The American Petroleum Institute and National Ocean Industries Association didn’t comment on the proposal this morning.

The liability issue is complex and harks back to the legislation passed in response to the Exxon Valdez oil spill.

The president’s seven-member BP spill panel did not specify how high the liability cap should be lifted, but it noted that the “relatively modest” cap “provide[s] little incentive for oil companies to improve safety practices.”

Although the panel has since disbanded, members issued a report last year finding there is still an “obvious need” for companies to face more responsibility for damage to coastal communities.

“The Gulf states and the country at large were fortunate that BP, the well’s owner, ignored the cap and had both the resources and the willingness to bear the full costs of responding to the spill,” the members said in the report. “The commission recommended that the liability cap be significantly increased, which requires congressional legislation. But Congress took no action to even consider such an amendment during the past year.”

Special thanks to Richard Charter

Politifact The Truth-O-Meter Says: On oil drilling off Florida’s coast: Charlie Crist mostly opposed oil drilling except in 2008 he called for a study of it

http://www.politifact.com/florida/statements/2014/feb/20/charlie-crist/charlie-crist-mostly-opposed-oil-drilling-except-2/

Tampa Bay Times, Miami Herald

Charlie Crist on Wednesday, February 12th, 2014 in newspaper articles

In April 2010, Deepwater Horizon exploded, resulting in a massive oil spill in the Gulf of Mexico. The spill raised questions about policy positions on oil drilling for several politicians, including then Gov. Charlie Crist.

At the time of the spill, Crist was struggling in a Republican U.S. Senate primary against soon-to-be Sen. Marco Rubio; he ended up switching to “no party affiliation.” In 2013, Crist announced that he was running for governor again — this time as a Democrat.

We decided to look back at Crist’s statements on oil drilling through his tenure and place them on our Flip-O-Meter, which evaluates whether a politician actually changed position. We leave it to voters to decide the significance of our findings.

1998-2008
Overall, Crist expressed opposition to drilling throughout much of his career, from state senator to education commissioner to U.S. Senate candidate to attorney general. A sampling:
* June 20, 1998, in a Florida Times-Union interview during his first U.S. Senate campaign against Bob Graham: “Having grown up here, it’s hard not to feel strongly about the beauty that is Florida. I would and already have fought offshore drilling in Florida, and would continue that fight in Florida.”
* An Oct. 10, 2006, interview with the Tampa Bay Times editorial board: “Offshore oil drilling, I’m adamantly opposed to it. I think a lot of that has to do with growing up here. I’m a Gulf Coast guy. … I remember when I was in elementary school, we had an oil spill in Tampa Bay. You may recall that. I literally remember cleaning birds off when that happened.”
* Oct. 20, 2006, at a press conference, on the qualities Floridians want in a president: “Making sure that we don’t drill for oil off our beautiful shore, and, of course, the other traditional things that go along with it.”
In his inaugural address as governor in January 2007, Crist called for “clean rivers, beautiful beaches and coastlines free of oil drilling. This is a vision we can make a reality.”

Crist as vice presidential contender in 2008
In 2008, with gasoline prices hovering near $4 a gallon and Crist being mentioned as a possible vice presidential candidate (on a ticket that would popularize the phrase “drill, baby, drill!”), Crist backed off his previous unflinching opposition.

After Republican presidential contender John McCain gave a June 17 speech in Houston calling for opening up more waters to drilling, Crist said:
“We have to be sympathetic to the pocketbooks of Floridians and what they’re paying at the pump for gas and balance that with any way that our state might be able to contribute in terms of resources to have a greater supply and therefore lower prices,” Crist said. “I think an open-minded person understands that we ought to at least study (offshore drilling).”

Crist offered some caveats at the time: “It would all depend on the parameters,” he said. “How far off the coast, how safe it would be, how much it would protect our beaches.”

To environmentalists and Democratic leaders, Crist’s statement was a major reversal.

“It seemed that he would be the last person to change course on this,” said Eric Draper, policy director for Audubon of Florida, at the time.

U.S. Rep. Debbie Wasserman Schultz, D-Weston, called Crist’s position “a 180-degree flip-flop.”

“I don’t understand Gov. Crist’s Flip-Flop on this,” she said. “The risk to our environment and to our economy — I mean the governor, of all people, should know better.”

The next week Crist delivered a speech at a global climate change summit in Miami. “We must have an open discussion – without compromising Florida’s sensitive ecosystems and natural beauty,” Crist said of offshore drilling. “As I stated last week, only when we are able to do so far enough from Florida’s coast, safe enough for our people and clean enough for our beaches, should we consider increasing our oil supply by drilling off Florida’s shores. Let me repeat that – far enough, safe enough and clean enough.”

Crist witnesses 2010 spill
But in 2010, after flying over the gulf and seeing the Deepwater Horizon spill firsthand, Crist withdrew his support for any form of drilling off Florida’s coasts.

“It could be devastating to Florida if something like that were to occur,” Crist said. “It’s the last thing in the world I would want to see happen in our beautiful state.”

Crist also repeated the criteria laid out in his 2008 climate change address, saying the gulf spill proved drilling isn’t yet far enough away, clean enough, or safe enough.

“Clearly that one isn’t far enough, and that’s about 50 to 60 miles out, it’s clearly not clean enough after we saw what we saw today – that’s horrific – and it certainly isn’t safe enough. It’s the opposite of safe,” Crist said.

Crist summoned legislators to a special session in July with hopes that they would put an oil drilling ban on the November 2010 ballot. But the Republican-dominated Legislature delivered him a defeat within hours of convening.

Post 2010
Crist lost his U.S. Senate race in 2010 and Republican Rick Scott became the governor. In February 2011, Crist returned to Tallahassee to stand with Democrat Alex Sink and environmentalists to announce his support for a state constitutional amendment to ban oil drilling.

“This puts it in the hands of the people and that’s exactly where it should be,” Crist said.

At an October 2012 gathering with several former governors, Crist said Florida shouldn’t consider oil drilling.

He declared the BP oil spill to be “the greatest wake-up call of all time.”
“There are just too many other ways to produce energy – solar, wind, things that the Sunshine State of all places should be leading in,” he said, according to the Gainesville Sun.

Crist announced in November 2013 that he would run for governor again.
In an interview with Watermark, a central Florida publication that covers the gay community, a reporter asked Crist if elected if he would continue to support the ban on offshore drilling.

“Yes,” Crist replied in the interview published in December. “How could you be governor during the BP oil spill and not get that right. That was a wake-up call.”

We sent a summary of our findings to Crist’s campaign and received a response from former sen. Steve Geller, a Democrat advising Crist. Geller said the BP oil spill convinced Crist that nothing near Florida would be “safe enough, far enough, and clean enough.”

Did Crist flip?
For most of his career Crist has opposed offshore oil drilling in Florida. He spoke against drilling repeatedly between 1998 and 2006. But in 2008, he was a potential Republican vice presidential contender amid high gas prices. At that time, Crist said Florida should study drilling and have an “open discussion” about it — though in a speech he offered caveats that it would have to be “far enough, safe enough and clean enough.”

Even that suggestion was enough to anger environmentalists, but in the end that’s all it amounted to — a suggestion to study it.

The 2010 explosion put the lid on that discussion for Crist, and he again returned to his adamant stance against drilling — a position he has reiterated as recently as late 2013.

Crist did wobble in 2008, but ultimately he went back to his original position so we rate him No Flip.

Special thanks to Richard Charter

The Virginian-Pilot: Crucial study nears for offshore drilling in Virginia

http://hamptonroads.com/2014/02/crucial-study-nears-offshore-drilling-virginia

By Bill Bartel

© February 19, 2014

Drilling for gas and oil off Virginia’s coast is still forbidden, but proponents hope a federal study due within two weeks will let them at least start looking for places to set up drilling rigs.

Industry officials are seeking federal permits to conduct seismic testing – using airguns to bounce sound waves off the ocean floor and deeper formations – to explore anomalies that could indicate the presence of oil and gas deposits.

A long-awaited environmental impact statement needed in advance of the testing will be released this month, according to the Bureau of Ocean Energy Management. The analysis will examine how seismic surveys in the mid- and south Atlantic would affect marine life and what must be done to mitigate possible harm.

Nine companies have requested permits to conduct seismic surveys.

The process involves ship-mounted devices firing compressed air into the water to generate sound waves that reflect off rock formations, with the echoes monitored by equipment on the surface. Geophysicists and geologists can use the data to “see” subsurface formations with geological structures that might hold oil and gas.

The impact study, which began three years ago, included eight public hearings along the Eastern Seaboard.

At a hearing in Norfolk in April 2012, opponents objected to seismic testing, saying it would be disruptive and harmful to whales, sea turtles and other marine life. Proponents said the tests could be done safely and are needed, noting that existing oil and gas information is outdated.

For environmentalists, what may be of greater concern than seismic testing itself is what it represents: a tangible step toward drilling more than 50 miles off the coast.

“It’s the camel’s nose under the tent,” said Glen Besa, state director of the Sierra Club. He and other opponents say the environmental risks of drilling operations can’t be ignored, and he worries that burning fossil fuels contributes to climate change and rising sea levels.

Meanwhile, oil and gas industry officials say they’re gaining ground in building political support for drilling.

“From our perspective, it is moving in the right direction,” said Randall Luthi, president of the National Ocean Industries Association.

Luthi said opposition to testing and drilling “goes with the territory. We face it all the time.”

Federal sales of Virginia leases for offshore drilling were expected to begin in 2011. They were put on hold by President Barack Obama’s administration until at least 2017 after the 2010 Deepwater Horizon oil rig disaster in the Gulf of Mexico. That explosion killed 11 workers and caused the largest marine oil spill in U.S. history.

The moratorium also includes waters off North Carolina and other areas of the Atlantic, as well as large sections of the gulf near Florida’s west coast.

Some predict that any decision to sell leases in the Atlantic will depend on the willingness of the next president, who will take office in 2017.

Several of Virginia’s federal legislators and state leaders have unsuccessfully lobbied the Obama administration to end the moratorium. The U.S. House passed at least two bills in recent years that would have permitted lease sales, but the Senate didn’t consider them.

If the government gives a green light to seismic tests, companies likely wouldn’t get on the water for six months to a year – depending on how long it takes to obtain federal and state permits and move equipment to the region, said Gail Adams, spokeswoman for the International Association of Geophysical Contractors.

Surveying all of the mid- and south Atlantic could take a year, Adams said in an email. Then there’s the onshore work of estimating the size and location of potential oil and gas deposits, which might not be completed until spring 2016, she said.

Updated mapping could make the lease sales more lucrative for the government. Better information about specific locations and quantities of hydrocarbon deposits would spur more bids and higher prices for lease sales, an industry executive told a congressional subcommittee last month.

For example, the tests would reduce the odds of expensive “dry holes,” where companies drill but don’t find significant oil or gas, said Richie Miller, president of Houston-based Spectrum Geo.

U.S. Rep. Scott Rigell, who supports offshore drilling along with Gov. Terry McAuliffe and Sens. Tim Kaine and Mark Warner, says offshore exploration would diversify the region’s defense-centric economy.

Rigell said industry improvements, particularly since the Deepwater Horizon accident, convince him that drilling and production can be done safely and without harming the environment.

The Virginia Beach Republican, who contends that the energy industry could generate thousands of high-paying jobs in the state, is planning to bring a delegation of government and oil industry officials from Louisiana to Hampton Roads this year.

“All we’re asking for, in a reasonable way, is for the federal government to get out of the way,” Rigell said.

However, opposition remains strong.

U.S. Rep. Bobby Scott said environmental concerns are too great. He opposes offshore drilling.

“I still, to this day, don’t understand why people get so excited about what’s happened on the Gulf Coast,” said the Newport News Democrat. “When people say it will create jobs, I say, ‘You’re exactly right. See all those cleanup jobs?’ There’s billions spent on cleanup.”

Walter Cruickshank, deputy director of the Bureau of Ocean Energy Management, said during the House hearing last month that there are no guarantees.

“I believe we made a lot of reforms and changes over the last few years that have greatly improved safety of operations on the outer continental shelf,” he said, “but we have not and cannot eliminate all risk.”

Special thanks to Richard Charter