Enviro Agency Dramatically Underestimated Oil Spill Effects When Signing Off On BP Lease

Sent: Wednesday, July 07, 2010 3:33 PM

Rachel Slajda | July 7, 2010, 3:17PM

A federal agency charged with protecting endangered species signed off in 2007 on a new round of oil drilling leases in the Gulf of Mexico, saying that even if the new drilling led to a major oil spill, only some 60 endangered turtles would be killed, according to the official agency opinion reviewed by TPMmuckraker. But in the two months since the Deepwater Horizon blew, government scientists say more than 400 sea turtles have been found dead so far.

In 2007, the National Marine Fisheries Service, which enforces the Endangered Species Act, was asked to give its “biological opinion” on the impact of new oil drilling leases — including the lease of the now-leaking Macondo prospect — on endangered species, including turtles, sperm whales and sturgeon. Under the law, the Minerals Management Service, which leases the underwater wells, had to get NMFS’s sign-off that the drilling wouldn’t jeopardize the populations of endangered species.

In the report (PDF), NMFS estimated the impact of a major spill on endangered species and concluded that the new drilling “is not likely to jeopardize the continued existence of these species.” But the NMFS estimates were based on assurances from the MMS that a major spill would be significantly smaller than the current ongoing BP spill.

Neither the NMFS nor the MMS immediately returned requests for comment.

The agency based its description of a “major” spill on assurances from the MMS that technical advances made a really bad spill — such as, notably, the Ixtoc I disaster in 1979 — all but impossible.

“With new technologically advances [sic] and oil spill prevention and response plans, a major oil spill in the GOM [Gulf of Mexico] would not likely be as large as Ixtoc I (Minerals Management Service 2006),” the report reads.
So sure was the NMFS of the MMS’s expertise that it estimated a major spill as one half the size of the Ixtoc leak.

The Ixtoc was estimated to have leaked some 3.5 million barrels of oil after spewing into the Gulf for 10 months. Half of that, of course, is 1.75 million barrels.

BP’s leaking well is currently spewing 35,000 to 60,000 barrels a day, according to the most recent estimates, and has been for some 77 days. That means, conservatively, the current leak has already put 2.7 million barrels into the Gulf. And it may have already leaked 4.6 million barrels.

In fact, the AP, based on its own estimates, declared last week that the BP leak had already surpassed the Ixtoc leak in gallons spilled.

“It’ll be well beyond Ixtoc by the time it’s finished,” one expert told the AP.

In its 2007 report, NMFS defined its “major spill” as having a sheen of 1,200 square miles, and tarballs would appear on a nine mile long stretch of coastal habitat. That’s the size of the spill that could kill of one tenth of the adult turtle population.

The sheen created by the current spill is much bigger, according to government maps, although difficult to measure. And as of yesterday, 484 miles of Gulf coastline was oiled.

The report estimated that, over the life of the 40 year leases, a total of 60 sea turtles — of the endangered or threatened species Kemp’s ridley, leatherback, hawksbill, loggerhead and green — would be killed by oil spills.

But the number of dead turtles found on the Gulf coast has already surpassed that number seven times over. Since April 30, according to NOAA, 438 stranded turtles have been found dead, and 115 have been found with visible evidence of oil. Almost 150 are in rehabilitation centers.

We should note that some of the turtles may have met their death in other ways. There are also untold numbers of dead turtles that never wash ashore.

Despite the low estimate of 60 fatalities, the 2007 report did note that there was a small chance of a “major” spill that could decimate the adult turtle population, and halve the juvenile population.

“We estimate that approximately 1 in 10 adult [turtles] will suffer chronic affects resulting in death from a major oil spill,” the report reads. It’s unclear whether the report refers to a tenth of the the entire Gulf turtle population, or a tenth of those who come in contact with the spill.

The opinion was written in June 2007. MMS sold the lease to the Macondo prospect to BP in March 2008.
Special thanks to Richard Charter

AP: Florida Shoreline is untouched by BP oil spill disaster

http://www.nj.com/news/index.ssf/2010/07/florida_shoreline_is_untouched.html

It’s true; I just returned from Key West where the water was as clear as I have seen it in years. I had a wonderful day at the beach at Fort Zachary Taylor. Nonetheless, the impression that Florida is vulnerable to the oil spill is already impacting tourism. DV

New Jersey
NJ.com
Associated Press

Published: Sunday, July 11, 2010, 5:21 PM Updated: Sunday, July 11, 2010, 5:22 PM
The Associated Press

ORLANDO, Fla. – Florida’s shoreline was apparently untouched by any raw petroleum before the Deepwater Horizon disaster smothered the western Panhandle with crude oil in June. That’s according to what authorities consider to be the most exhaustive detective work yet on tar balls found along the state’s 1,260 miles of coast.

U.S. Coast Guard lab findings defy the longstanding belief that a regular ingredient of at least some of the tar balls that for years have turned up occasionally on state beaches is either crude spilled during offshore drilling or oil that seeped from natural vents under the Gulf.

Of the 192 batches of Florida tar-ball samples sent since mid-May to a Coast Guard laboratory in Connecticut, the vast majority have turned out to be lumps of heavy fuel oil, dark and syrupy as molasses and commonly used to power oceangoing ships.

None of the samples was identified as containing unprocessed, crude oil; a few samples proved to be nothing more than hardened mud; and nearly 20 samples had been severely altered by sunlight, oxygen and bacteria and were thought to be many months or years old, said Wayne Gronlund, manager of the Coast Guard Marine Safety Laboratory in Connecticut.

Those aging tar balls “were so heavily weathered, we couldn’t make a declaration about whether they were crude or heavy fuel,” said Gronlund, who described them as similar to chunks of asphalt.

Gronlund said his chemists, when examining fresher samples, can easily distinguish between the chemical fingerprint of crude oil and those of refined petroleum products such as heavy fuel oil, diesel and various lubricants.
The search for tar balls along Florida shores took on heightened urgency two months ago when dozens of blobs of oily tar began to wash up in Big Pine Key, Key West and the Dry Tortugas.

Authorities then thought it unlikely that crude oil could have drifted so quickly across 500 miles of open Gulf from the BP PLC oil-well blowout, which began April 20 with an explosion and fire on the drilling rig Deepwater Horizon nearly 50 miles south of Louisiana.

A day after those tar balls first appeared in the Keys, a Coast Guard jet carried what was deemed to be “samples of national significance” to the service’s laboratory, which determined within hours that they were composed of heavy fuel oil. The source was never identified.

Still, the Keys event triggered a statewide surge of concern about the potential for crude oil to ride currents to any spot along Florida’s coast.
“People’s awareness for tar balls has been heightened because of the spill so they went out looking for tar balls and lo and behold they found tar balls,” said David Palandro, a scientist with the Florida Fish and Wildlife Conservation Commission.

Advocates of drilling for oil in waters near the Florida coast have argued that the state has already learned to tolerate the occasional landfall of crude in the form of tar balls created not by drilling or tanker-ship accidents but by seepage from natural vents that connect petroleum reservoirs deep underground to the seafloor.

“Natural seepage accounts for virtually all perceived ‘oil spills’ in the Gulf,” stated a glossy brochure with the subtitle, “It’s time for facts, not fear,” that was widely distributed in Florida last year by drilling supporters lobbying the public and the Legislature.

“They try to draw the conclusion that any oil found on the beaches is actually from these natural causes,” said Eric Draper, executive director of Audubon of Florida. “Their argument is if most of the oil comes from seeps, then most of the oil on beaches must come from seeps.”

David Mica, executive director of the pro-drilling Florida Petroleum Council, said he doesn’t “recall ever asserting that they (tar balls) were all naturally occurring.”

The vast majority of tar balls collected and tested during the past two months were found in the Keys and Southeast Florida, where the shipping lanes, including some of the nation’s busiest, pass within miles of the coast.

Experts say the tightening of environmental laws and enforcement efforts have reduced the amount of such oil discharged from ships in recent years.

“It certainly appears to all of us who work on east Florida beaches, and have been for years, that we’ve gotten some control over that problem,” said Lew Ehrhart, a longtime sea-turtle scientist. “For the last five, six, seven years, we haven’t seen nearly as many, and the people who walk on the beach and people who live on the beach haven’t seen much in the way of tar balls on the beach.”

Along the coast in the far-western Panhandle, where oil from the BP well began to arrive in late May, regular testing of tar balls was soon suspended because local authorities quickly had little doubt about the source of the oil that is blackening their famous white-sand beaches.

The ruptured BP well, under nearly a mile of seawater, continues to spew as much as 35,000 barrels – or nearly 150 million gallons – of crude into the Gulf each day.
Special thanks to Richard Charter

E&E:Enviro groups’ memo outlines corporate welfare attack on oil industry

Anne C. Mulkern, E&E reporter, June 16, 2010

Environmental groups and others who support climate legislation want to steal the dirty word “tax” from opponents and paint the oil industry as the beneficiary of a $4 billion consumer-funded “Big Oil Welfare Tax.”

A memo circulating from Clean Energy Works, an alliance of about 60 groups, outlines a strategy of framing tax benefits the industry receives as corporate welfare. The memo calls the messaging plan a “line of attack” to counteract the description of climate legislation as a national energy tax.

“The coming weeks will be very important for supporters of comprehensive clean energy and climate legislation,” the memo states. “The opposition, in the form of [the American Petroleum Institute] and Big Oil lobbyists in Washington, are spending millions on smear campaigns and calling on their cronies in the Senate to do everything they can to continue America’s dependence on oil and prevent a new policy that moves us away from oil and toward a clean energy economy.”

“What they don’t want anyone to know is that the American people already have a national energy tax — The Big Oil Welfare Tax — in the form of billions of dollars in subsidies to the wildly profitable big oil companies,” the memo adds.

The coalition of environmental groups and others said it wants a counterpoint to the oil industry’s charge that comprehensive climate legislation would amount to a $1,200 annual energy tax on every household.

“Until now, Big Oil has been successful keeping the existing Big Oil welfare tax a secret,” said David DiMartino, spokesman for Clean Energy Works. “When people hear we are subsidizing Big Oil’s profits, it’ll make them think about our existing failed energy policy.”

The strategy follows a New York Times report last week that the oil industry receives $4 billion annually in tax benefits, some of them stemming from decades-old laws to promote oil exploration. Capital investments such as oil-field leases and drilling equipment see a levy of 9 percent, the article said, while other industries see an overall tax of 25 percent.

API, the trade group for the oil and natural gas industry, rejected that it receives corporate welfare.

“Baseless charges that America’s oil and natural gas companies don’t pay their fair share and enjoy too many incentives are not supported by the facts,” said API spokeswoman Cathy Landry. “According to the Energy Information Administration, the industry’s effective federal income tax rate is more than two-thirds higher than the average for all manufacturing industries. Another EIA study shows renewable energy industries enjoy double the incentives of those for oil and natural gas.”

Landry said API has not been among those calling climate legislation a national energy tax. API has not come out in opposition to any of the Senate climate bills, saying that it is “neutral.”

The Clean Energy Works memo details a number of tax benefits that the oil and natural gas industry receives, and the value of each. Transocean Ltd., the company that owned the drilling rig that exploded and sank in the Gulf of Mexico, saved $1.8 billion in taxes by moving overseas in 1999, the memo said, citing the same New York Times article.

API said many of the tax benefits called into question are enjoyed by other industries, as well.

“For example, Section 199 of the tax code allows all manufacturers to deduct their manufacturing expenses in an effort to keep jobs in the United States and create new ones,” Landry said. “Another example is the ‘dual capacity’ tax provision, which enables all U.S. companies — including the U.S. oil and natural gas industry — to operate and produce goods and services in other countries without having their profits taxed twice.

“This particular provision, which is actually more restrictive than the general foreign tax credit rules, ensures that U.S. companies can compete on a level playing field with foreign competitors as well as pay their fair share of U.S. taxes.”

The Obama administration wants to eliminate many of the industry’s tax concessions, including a tax deduction given to manufacturers, deductions for some drilling costs, and credits given for low-volume oil and gas wells. In addition, there would be new taxes on Gulf of Mexico oil and gas production and the reinstatement of taxes to generate revenue for cleaning up hazardous waste sites.

The same Obama revenue-raising proposal stalled last year, and the proposal so far has received a cold reception from the Senate. That chamber last month rejected, 35-61, an amendment that would have ended $35 billion worth of tax breaks for oil and gas producers over the next decade. The amendment would have cut oil and gas tax breaks related to amortization, depletion of oil wells and domestic production income (E&E Daily, June 16).

Special thanks to Richard Charter

Christian Science Monitor: Six lessons from the BP oil spill

What the tragedy of the BP oil spill has taught us about regulations, technology, and how our energy diet must change.

By Laurent Belsie, Staff writer
posted July 10, 2010 at 9:10 am EDT

Boston – For years to come, the United States and the oil industry will be absorbing the lessons of the BP spill in the Gulf of Mexico. Regulators will toughen inspections. Oil companies will adopt more rigorous safeguards. New cleanup technologies will emerge from university and corporate laboratories. And spill drills could become a regular part of coastal communities’ emergency planning.

What the BP oil spill does not signal, however, is a change in direction. Even as brown goo gushes from the Gulf floor 5,000 feet below the surface, and cleanup crews struggle to halt the slick from befouling beaches and shorebirds, companies are already developing the technologies to drill twice as deep off South America, Africa, and in the Gulf itself.

Oil plays too big a role in the world economy to turn off the spigot – or to stop exploring for new sources of crude to replace declining oil fields already in production.

IN PICTURES: Sticky mess: The Gulf oil spill’s impact on nature

The larger lesson of the BP oil spill – the environmental and economic risks of over-reliance on fossil fuel – is lost on no one. The Obama administration and Congress may push through some measure that begins to tax the burning of oil and other fossil fuels.

But economic and technological hurdles – as well as political ones – stand in the way of a significant change in the US’s energy diet. Electric cars, biofuels, or some other technology will one day consign the internal-combustion engine to history’s dustbin. For the moment, though, it looks far easier to create a more foolproof blowout preventer or safer drilling technique than to find a cheap, simple, and ubiquitous alternative to oil.

So what are the lessons of the Great Spill of 2010?

1 Improve the offshore police

Wanted: People who understand the physics of recovering oil from the bottom of the ocean floor. Need to be intimately familiar with the mechanics of deep drilling – in other words, know that a RAM BOP has nothing to do with text messaging. Must be tough-minded and dispassionate. Must be willing to refuse any “gifts” from the oil industry, like free hunting and fishing trips. No golf outings with industry executives, either.

This may soon be a job description coming to a classified ad near you. One outcome of the spill is the need for a retooled system to regulate energy exploration and production. Among the most pressing needs: more offshore sheriffs – people trained to inspect drilling rigs. Mary Kendall, the acting inspector general in the Department of Interior, told Congress recently that the Minerals Management Service (MMS) had about 60 inspec-tors to oversee the 4,000 or so offshore oil production and exploration facilities in the Gulf of Mexico. More and better-trained staff is likely to be a top priority.

No one knows, of course, if tougher federal regulations and enforcement would have pre-vented the Deepwater Horizon disaster. Until the massive 450-ton blowout preventer that failed is hauled off the ocean bottom, it will be impossible to know what mechanical and human errors occurred. Yet there are already a few clues about what to do better.

Take, for instance, testimony by Michael Saucier, the head of field operations for the New Orleans branch of the MMS, who told investigators about his team’s oversight of federal safety standards for blowout preventers, or BOPs, often called the “last line of defense” against a spill.

After listening to Mr. Saucier detail MMS oversight of BOP testing, Coast Guard Capt. Hung Nguyen, co-chair of the federal investigative panel, sought clarification. “So my understanding is that [the BOP] is designed to industry standard, manufactured by industry, installed by industry with no government witnessing oversight of the construction or the installation; is that correct?”

“That would be correct,” Saucier said.

At another point, Saucier told the panel that the MMS had “highly encouraged” companies to have backup systems to trigger blowout preventers in an emergency.

“Highly encourage?” Nguyen asked. “How does that translate to enforcement?”

“There is no enforcement,” Saucier answered.

Given such testimony, experts say the key issue is simply getting rid of the cozy relationship between the oil industry and regulators. Interior Secretary Ken Salazar is taking steps to cut the MMS into three parts, separating safety enforcement from royalty collections and offshore leasing.

But the Government Accountability Office, the Inspector General’s Office, and engineering experts who oversaw a 30-day safety report on offshore drilling all want more. Norway, the United Kingdom, and Australia have some of the world’s best safety practices and regulations, they say.

After the 1988 Piper Alpha rig disaster in the North Sea, where 167 people died, Britain separated safety oversight from other regulatory functions. Instead of a rules-based approach, not unlike that of the US today, it adopted a “case based” system that describes objectives – then challenges companies to show they can meet them.

Needed, too, is better testing of critical BOP equipment, like blind-shear rams. “What we really need are specific guidelines for how these things must be tested – and then have the results go into a computer accessible by everyone,” says Benton Baugh, a BOP expert.

Yet all the testing and offshore police in the world can’t overcome human error. Robert Bea, a safety engineering expert at the University of California, Berkeley, says the need is to focus on how people react and interact with complex safety systems when the siren goes off.

“We’ve neglected the human things,” he says, “the designers, the people that operate [BOPs], the people that maintain them, the people who have to handle rapidly developing crises.”

2 design a better drill rig

As oil discoveries in deeper waters beckon, giant new rigs will plunge drill bits two miles below the sea surface and five more miles into the earth – the equivalent of 29 Empire State Buildings. But such ultradeep drilling means ultrahigh pressures. At any time a bit could hit a pocket of pressurized gas that bursts to the surface and explodes. Capping a blowout 10,000 feet down would make the Deepwater Horizon problem look like a do-it-yourself caulk job.

The industry is currently working on new “sixth-generation” deep-sea rigs that experts say will be the safest ever developed – but still not foolproof in handling one of the most challenging engineering feats faced by man. The cost of the new rigs: about $500 million.

For that price, says Mike Smith, president of Bassoe Offshore (USA), a brokerage firm, you get a state-of-the-art rig that displaces perhaps 100,000 tons of seawater and sprawls over an area larger than a football field. Yet with all their sophistication and size, even such behemoths may be only just barely big enough to support the miles of pipe, thousands of tons of drilling “mud,” and massive pumps needed to control a deep well’s explosive power, experts say. Today’s rigs already cost up to a million dollars a day to operate – an enormous financial risk if there’s a dry hole or a blowout.

Huge costs. High risks. Potentially catastrophic environmental damage if things go wrong. Today’s conundrum: How do you go deep without breaking the bank or the environment?

Technologies are being developed that experts say could make deep-water drilling safer and perhaps less expensive. One, Reelwell, a Norwegian technology, uses a drill pipe only a few inches across and sends the rock it chews topside for disposal through the inside of the pipe, rather than through a traditional outside “riser” pipe. Eliminating that miles-long riser avoids thousands of tons of weight, so Reelwell could be operated by a far smaller rig even when drilling in deep water.

Another approach comes from Badger Explorer, also a Norwegian company, which uses a high-tech burrowing machine. The device requires only a small exploration ship to guide it. No need for a drill rig at all.

The Explorer, a long, sleek metal cylinder with an electric auger on the front, drills through solid rock, depositing the debris behind the device rather than funneling it to the surface. The auger is tethered to a cable that powers the machine and sends back data. If the Explorer hits a pocket of gas, it moves right on. There’s nowhere for the gas to go – no dangerous conduit to the surface.

ExxonMobil, Shell, and Norway’s Statoil have all invested in the technology, which could be available within three years. “That situation in the Gulf was very rare,” says Kjell Erik Drevdal, the president of Badger Explorer. “Still, there is always the risk that these things could happen with present technology. By doing it our way, we won’t have to worry about such danger.”

Sensors represent another focus of research to make deep-drilling rigs safer and more effective. They could be placed far down in the drill hole to detect gas flow, pressure, and other conditions long before they reach the surface to threaten humans or the environment. Electromagnetic technology could also be used to spot tiny danger zones and sound warnings before drill bits even reach them.

“In 10 years or less, you will see all these sorts of technologies addressing the most difficult and dangerous drilling situations – and cutting the huge costs of these giant rigs,” says Stein Bjørnstad, an oil exploration expert at BI Norwegian School of Management in Oslo.

To enhance offshore oversight, some experts say data from the sensors could be transmitted to a command center onshore or to government agencies. This would let regulators monitor rig operations and provide information about what happened during a spill or blowout. “What I’m talking about is an extra set of eyes” off the platform, says Elgie Holstein, a strategic planner at the Environmental Defense Fund.

3 manage the cleanup like Churchill

In the 1990s, experts from Columbia University and Boeing Corporation tried to prod the oil industry into planning for disasters as a critical part of the so-called lean management movement. No luck.

“The industry thought it was added cost, and because incentives were heavily biased towards cost cutting, they turned it down,” says Roger Anderson, a senior scientist at Columbia University’s Lamont-Doherty Earth Observatory in Palisades, N.Y.

One result: BP has in essence been trying to invent ways to stop the blowout in the Gulf on the fly. This may be the most basic lesson from the disaster about how to manage oil spills in the future. As simple as it sounds, oil companies need to acknowledge that catastrophic events are going to happen, even if infrequently, and build responses into their corporate DNA, no matter what the cost.

In BP’s case, “it’s not so much that they weren’t prepared, it’s that they had not even considered the possibility” of such an event, says Dr. Anderson.

Concerns about the lack of response planning carry eerie echoes of hurricane Katrina. Yet there are differences with oil spills. One is the overlapping web of responsibilities. Oil companies control the rigs where the accidents happen. Once the crude gushes up from the seafloor, other entities get involved. But government and other responders still have to rely on the companies to stop the blowout.

“The majors who go out and drill in deep water have all the expertise – the government does not,” says David Pettit, an attorney with the Natural Resources Defense Council. “When it comes to what happens when the oil hits the water, the oil companies don’t have a monopoly on what to do. Even using the word expertise is laughable when you see what’s going on out there. They’re clearly making it up as they go along.”

For all the complaints from state and local officials about red tape and poor coordination in the federal response, it’s come a long way since the Exxon Valdez disaster in 1989. “The command structure in the early days of the Exxon Valdez spill underwent a complete meltdown,” says Rick Kurtz, a political scientist at Central Michigan University, who, as an analyst in the National Park Service’s Anchorage office at the time, wrote a lessons-learned report on the response.

Out of that came the unified command structure in place today – delineating the duties of the Coast Guard, state and local officials, and the oil company responsible for the spill. While not everything has gone roller-bearing smooth, at least the federal government quickly designated an “incident commander and everybody knows who’s in charge,” notes Mr. Pettit.

Still, the US clearly has more to learn about managing cleanups. One area needing attention is what to do with locals. In Norway, the World Wildlife Fund conducts training courses for volunteers in cooperation with a spill-response company.

Ultimately, no amount of coordination may be enough to handle a spill of this magnitude. The overarching lesson may be to beware of technological hubris. “We are learning that there are limits to our technology and limits to our capacity to respond to disasters,” says Steven Cohen, who heads Columbia University’s Earth Institute.

4 Find something better than a boom

The ideas for new tools to clean up oil spills range from the mundane (better chemical dispersants to break up the crude so it will degrade naturally) to the exotic (ravenous microbes to eat the oil off beaches).

Then there are the two Florida contractors who have been pitching a home-grown technique, using locally cut hay and straw to soak up the oil like a chamois. They can be seen demonstrating their simple solution on YouTube, pouring oil into large bowls of water, floating hay on top, stirring it around to simulate wave action, and – voilà! – a solution almost as clean as tap water.

As the Gulf crisis sears its place in history as one of America’s worst environmental disasters, the one bit of good news is that it has become a petri dish for testing new ways to clean up spills. Clever inventors, eager entrepreneurs, and ordinary citizens are flooding oil-giant BP and US government offices with ideas for sanitizing the ocean.

The bad news: No one technology exists that can do the job – and likely won’t in the future. Instead, experts say, the task is so complex that it will take improvements in many different kinds of tools to contain and clean up spills.

One reason is the sheer magnitude of the task. As much as 140 million gallons of oil has seeped from the Gulf, sending deposits ashore from Texas to Florida. The oil both floats on the surface and sinks. Some of it disperses. It also takes on different properties as it spreads – from a glossy slick to thick tar balls. Cleaning beaches or harbors requires different techniques from separating oil from water at sea. This is to say nothing of what hurricanes or rough seas can do to a cleanup effort.

The main technologies used in offshore cleanup haven’t advanced much since the Exxon Valdez accident 20 years ago, largely because of the lack of research and the difficulty of testing in “live” conditions. The main weapons, then and now, include oil-skimming boats, miles of oil-absorbing booms, and controlled burns. Along the shore, worried Gulf Coast residents are designing and deploying booms of their own to protect harbors, or putting vacuum trucks meant for cleaning up land-based oil spills onto seagoing barges.

In another experiment, a Taiwanese company has retrofitted a supertanker with skimming equipment that it says is capable of vacuuming up to 21 million gallons of oily water a day. By comparison, the entire emergency response from the time of the accident, April 20, to July 1 had collected only around 28 million gallons. Though the ship, now in the Gulf, is untested, BP officials are giving it a try. Experts say similar supertankers were used to suck up much of the contaminated water after a massive spill off Saudi Arabia in the early 1990s.

Government and BP officials are also testing 32 centrifuges that can separate oil from seawater, devices being championed by actor Kevin Costner. Some experts, such as Norman Guinasso, director of the geochemical and environmental research group at Texas A&M University in College Station, believe such machines hold promise. He can envision a fleet of 100 or so boats equipped with the devices that could be quickly dispatched to the site of a major spill. “That’s what I would like to see,” says Mr. Guinasso.

Onshore, authorities are experimenting with a microbial sand scrubber that emulsifies tar balls and injects oil-eating bugs into the sand to consume the hydrocarbons. The device, which uses microbes from the Gulf of Mexico, was designed to pull oil from the tar sands of Canada.

Still, more than technologies will be needed to prevent future disasters. More important may be a change in corporate attitudes. If the leadership of a company isn’t dedicated to safety, says Martha Bidez, an engineering professor at the University of Alabama at Birmingham, all the gee-whiz devices in the world won’t matter.

She cites the mining company Rio Tinto Alcan and the National Aeronautics and Space Administration (after the Columbia and Challenger disasters) as two large organizations that have “very impressive” programs to prevent accidents.

5 Tap the power of the people

The moment Gulfport, Miss., resident Megan Jordan feared has arrived. The viscous onslaught of crude is no longer an abstract horror belonging to Louisiana, Alabama, and Florida. The first globules of oil have slipped through the Mississippi Sound and washed ashore in nearby Ocean Springs. For Ms. Jordan and her neighbors, this isn’t just any beach – it’s the keeper of memories, the provenance of dreams. The destruction is hard to bear.

Their passion, properly channeled, could become a crucial element in future oil spill defense. Experts say that by tapping into local knowledge – and love – communities could formulate emergency plans to bolster what residents have criticized as a slow, inadequate government and corporate response.

It’s a lesson California learned in 2007, when a container ship crashed into the San Francisco-Oakland Bay Bridge, releasing 58,000 gallons of fuel into the bay. Volunteers, desperate to help, rushed to the water’s edge, creating chaos. “They had people running down to the beach, picking up oil with their hands and in T-shirts and towels,” says Kurt Hansen, project manager for oil spill research at the US Coast Guard Research and Development Center in New London, Conn.

But in a potentially toxic environment, federal laws prohibit – and often thwart – even the best of intentions. In order to participate in cleanup efforts, federal rules require at least a 40-hour hazardous waste course. Mr. Hansen says response times could be significantly lowered if communities could draw upon a ready pool of trained volunteers.

In Alaska, a network of local fishermen and others was formed after the 1989 Exxon Valdez spill. They participate in frequent preparedness drills, and officials say they feel far better equipped to handle an incident if one should occur again.

Along the Gulf Coast, volunteers have rushed to beaches, buckets and booms in hand, with mixed results. Some have simply added to the chaos of the cleanup effort. Others are doing some good. One local environmental group, Mobile Baykeeper, has received nearly 10,000 phone calls from people across the country wanting to volunteer.

In tiny Magnolia Springs, Ala., fire chief Jamie Hinton says he began brainstorming ideas to protect his area’s marshlands within days after the Deepwater Horizon explosion. Colleagues from neighboring cities told him to let the government handle it. “I said, ‘Are they going to handle it like they handled Katrina, Ivan, the Valdez?’ ” Mr. Hinton recalls. “Thanks, but no thanks. The only people I trust are my people.”

He has more than 400 hours of hazardous materials training, including booming instruction, but he has something else, too – a deep understanding of what he calls “my river.” The waves sometimes reach more than a two-foot chop, so he scoffed when he saw BP workers affix a boom to barnacle-laden pylons with ropes. The wave action severed the stays and the boom floated away.

He found a kindred spirit in Mayor Charles Houser. Together, they decided to block their bay with barges, flanking them with layers of boom. There was only one problem: They’d gotten permission, but when they got ready for deployment, they were told they had to reapply or risk being fined or jailed. They complied, but agreed that if the oil came near, they would act. “Sooner or later, someone’s got to do something,” says Mayor Houser.

John Wathen, a member of Waterkeeper Alliance, says there’s no shortage of people along the coast who feel the same way, but they’re being turned away by BP. He says if BP would tap into the Waterkeeper network, which spans six continents, they would find a free fount of knowledge. Instead, even these seasoned environmentalists are having trouble sorting through the bureaucratic quagmire of the Deepwater command.

“It’s been an absolute fistfight,” says Mr. Wathen. “We know our waters better than anyone. We’re not here to sue or condemn anybody. We’re out here to protect our watershed and our communities.”

He echoes Hansen’s advocacy for a trained network of volunteers. Residents could decide which area they’d like to focus on and take additional training in operating skimmers, laying boom, or rescuing and caring for injured wildlife.

“A lot of people are just yelling,” says Jen McClurg Roth, founder of Clean the Gulf Now, a grass-roots group. “But it’s about coming together and identifying the issues we can change.”

6 Recalibrate our energy policy

It has become one of the iconic images of 2010: oil gushing from the floor of the Gulf, almost one mile below the surface, where it mushrooms up from BP’s failed drilling rig like clouds of café au lait. The undersea feed from robotic cameras has popped up on national news telecasts and cable shows, during televised congressional hearings and presidential speeches – a potent reminder that for all the talk and technology, man’s search for oil is risky and beginning to push the limits of human engineering.

It would be tempting to conclude that the answer is to switch energy sources, to the green alternatives favored by some or the natural-gas and nuclear options favored by others. Tempting and probably not doable. Like it or not, America and the world are stuck with oil for years to come when it comes to transportation. Oil powers 1 billion cars worldwide, 10,000 commercial aircraft, and thousands more ships and trains that deliver our goods, facilitate trade, and keep economies humming.

Nothing can compete with it in terms of price, ubiquity, and ease of use on such massive a scale. “If oil didn’t exist, we’d have to invent it,” says Robert Bryce, senior fellow at the Manhattan Institute and author of “Power Hungry: The Myths of ‘Green’ Energy and the Real Fuels of the Future.”

So the BP oil spill may not dramatically change US energy policy, but instead delivers a warning – as did the two OPEC oil embargoes, the Exxon-Valdez spill, and the record gas prices two years ago. The message: Our continued reliance on oil carries economic and environmental risks that the US will continue to bump up against until it undertakes a coherent and consistent policy to gradually wean us off fossil fuel.

“The lesson that we should learn here is that if we took sensible steps, baby steps, instead of these grandiose [pronouncements], I think we would be better off,” says Frank Felder, director of the Center for Energy, Economic and Environmental Policy at Rutgers University in New Brunswick, N.J.

One step would be a bigger push on energy efficiency. The US could cut growth in electric consumption by 30 percent, says James Sweeney, director of the Precourt Energy Efficiency Center at Stanford University in California. To get the equivalent power would require quadrupling America’s nuclear capacity or scaling up wind and solar energy to 40 to 50 times its present size. “If we think all the solutions are just technological, we’re not going to focus on a group of nontech solutions that will allow us to have more effect,” he says.

What’s striking, though, is how eager policymakers are to enact some of those steps and fearful to undertake others. On the production side, the Obama administration has moved aggressively to revamp the MMS (now renamed the Bureau of Ocean Energy Management, Regulation and Enforcement), appointing a former prosecutor to head up the agency and promising to hire more oil rig inspectors.

Another item in Democrats’ cross hairs: a $75 million cap on oil companies’ liability, beyond cleanup costs, passed in the aftermath of the Exxon Valdez disaster. Democratic lawmakers and the White House want to raise the cap substantially or eliminate it altogether so that oil companies no longer have an incentive to take risky actions in the belief that their liabilities would be limited.

It’s too early to tell if the BP spill will spark a reevaluation of the risks of deep-water drilling versus drilling in shallow water or on land. Much depends on whether the investigations under way determine that deep-water safeguards are adequate and that BP was negligent or that drilling that far down pushes technology too far.

While policymakers are taking action that affects production, they’ve been more timid about consumption. One reason is that the risks of offshore drilling and other forms of energy production are so much more visible than the risks of continued high consumption – reliance on foreign sources, greenhouse-gas emissions, and so on.

“A picture is worth a thousand words and the images [from the Gulf] bring home in a very accessible way how the oil spill has affected people’s lives,” says Michael Greenstone, professor of environmental economics at the Massachusetts Institute of Technology in Cambridge. “The difference with climate change is that the changes occur very slowly and in a subtle way that will not appear on your TV set next month.”

Another reason for the timidity on reducing consumption is that the easiest fix, a tax on oil, is the riskiest politically. “A price signal on oil – that could be your climate change policy, that could be your energy policy,” says Matthew Kotchen, professor of environmental economics and policy at Yale University in New Haven, Conn. “But it’s difficult because it’s not politically expedient.”

A tax would encourage conservation and efficiency, reduce emissions, and spur the search for alternatives. The extra revenue from the tax could be used to fund that research, reduce the deficit, or be rebated back to consumers in the form of, say, a lower income tax. But passing a new tax, never easy, is especially difficult when the economy is so fragile. “Democrats clearly view that as suicide,” says Matthew Kahn, economics professor at the University of California at Los Angeles.

That is why the Obama administration is pushing a cap-and-trade system to deal with global warming, under which industry would pay for car-bon emissions and, presumably, pass on the costs to consumers. Ironically, the oil spill complicates passage of a cap-and-trade bill because, as a way to gain Republican support for it, President Obama backed an expansion of offshore drilling. Now, the spill has forced Mr. Obama to issue a moratorium on new deep-sea drilling (a moratorium challenged by a federal judge). “The Obama administration is in a difficult position,” says Professor Kotchen.

Thus, America’s energy future may be driven more by technology and economics than political compromise. A breakthrough in car batteries or ethanol production from sources other than food crops could push the energy mix toward renewables. A sustained rise in oil prices, as exploration becomes more expensive, could accelerate a shift to natural gas and nuclear power.

With ample supplies of natural gas and coal, a growing nuclear industry, and research on everything from biomass to fuel cells, the US has a mix of ways to fuel its energy future. “For all that people say we’re in an energy crisis, I look at it and say: The US is pretty well hedged,” says Mr. Bryce. “For all the hand-wringing, we’ve got a very strong hand.”

Contributing to this report were staff writers Mark Clayton, Pete Spotts, and Gregory M. Lamb, and contributor Carmen K. Sisson.
Special thanks to Richard Charter

New York Times:Owner of Exploded Rig Exploits Offshore Status

By BARRY MEIER
Published: July 7, 2010

Transocean is the world’s largest offshore drilling company, but until its Deepwater Horizon rig exploded in the Gulf of Mexico in April, few Americans outside the energy business had heard of it. It is well known, however, in a number of other countries – for testing local laws and regulations.

Human rights advocates have called for an investigation into Transocean’s recent dealings in Myanmar. They cite its involvement in a drilling project that apparently included a company that is suspected of having ties to two men accused of laundering money for Myanmar’s repressive government, which is under United States trade sanctions.

Transocean has disclosed in Securities and Exchange Commission filings that its drilling equipment was shipped by a forwarder through Iran and that until last year it held a stake in a company that did business in Syria. The State Department says Syria and Iran sponsor terrorism.

In Norway, Transocean is the subject of a criminal investigation into possible tax fraud. The company has said in S.E.C. filings that Norwegian officials could assess it about $840 million in taxes and penalties. The filings also said that a final ruling against Transocean could have a “material impact” on the company, which has suffered a drop in its stock price of more than 40 percent since the Gulf of Mexico incident.

And in the United States, a federal bankruptcy judge recently found that one of Transocean’s merger partners had repeatedly abused the legal system to try to avoid potential liability in a pollution case in Louisiana. Transocean is also the target of tax inquiries in the United States and Brazil.

Transocean declined though an outside spokesman to make company officials available for comment. The company said in a statement that it had always acted appropriately and believed that it would prevail in any investigations.

It is not unusual for large multinational companies like Transocean to find themselves in legal or tax controversies around the world and Transocean has noted the issues that face it in public filings. The company’s most significant safety problem overseas involved a 2007 episode in which eight people died off the coast of Scotland when a support vessel capsized while towing a huge chain used to position a Transocean rig. A Norwegian board of inquiry found that missteps by several parties, including Transocean and the support vessel’s owner, had contributed to the incident.

But the company’s practices in the United States and abroad have come under new scrutiny since the oil spill in the gulf. Last week, the chairman of the Senate Finance Committee, Max Baucus, Democrat of Montana, said that the panel would investigate whether Transocean had used its corporate base in Switzerland to exploit United States tax laws.

In its dealings with lawmakers, Transocean has stood its ground. Last month, in response to a demand that Transocean delay a planned distribution to shareholders of $1 billion in dividends, the company declared that paying the dividend “in no way affects Transocean’s ability to meet it legal obligations.”

Transocean has largely blamed BP, the well’s operator, for the spill, describing it as a company that took shortcuts on safety. Transocean has had a long relationship with BP, and for the last two years, BP has been Transocean’s largest single customer, accounting for 12 percent of its $11.5 billion in operating revenue in 2009, public filings show.

Industry analysts said that strong ties between the companies reflected the fact that both had staked their financial futures on pushing oil exploration as far off shore as possible. Transocean, which drills in some 30 countries and employs more than 18,000 people, owns nearly half of the 50 or so deepwater platforms in the world.

“These people are capable and considered the gold standard of deepwater drilling,” said Peter Vig, managing director at RoundRock Capital Management, an energy hedge fund in Dallas.
Transocean’s evolution into the world’s biggest deep-sea driller follows a decade-long acquisition and merger spree.

It began in 1996 when a Texas-based company called Sonat OffshoreDrilling acquired Transocean ASA, then Norway’s largest offshore driller. Three years later, the company, now known as Transocean, shifted its headquarters for tax purposes to the Cayman Islands from Houston, though a vast majority of its executives still work in Houston. In subsequent years, it acquired or merged with other drillers including R&B Falcon, the drilling unit of Schlumberger and GlobalSantaFe. Then, in 2008, for tax purposes, it moved its headquarters again, this time to Switzerland from the Cayman Islands.

The tax investigation in Norway involves how Transocean represented the sale of 12 drilling rigs owned by its Norwegian subsidiary to another company unit, said a spokeswoman for an agency known as Okokrim, which investigates economic and environmental crimes.

The case “raises several important questions regarding the taxation of multinational corporations,” said the spokeswoman, Mie Skarpaas, who declined to discuss the investigation further.

A Norwegian newspaper, Dagens Naeringsliv, reported several years ago that a Transocean rig, while returning from a repair yard in Norway to a drilling site in the Norwegian sector of the North Sea, diverted for several hours into British waters. During that time, Transocean transferred ownership of the rig between subsidiaries and later argued that it did not have to pay Norwegian taxes because profits on the transaction had been earned outside the country. The company subsequently settled the case involving that rig.

In 2008, Norway’s highest court ruled that Okokrim and tax authorities could share documents and computer files seized during raids of Transocean and Ernst & Young which was the company’s tax adviser. That ruling also said that at least three people, including two Ernst & Young employees, were under investigation in connection with the episode.

In its statement, Transocean said that its “tax returns are materially correct as filed” and that it “will vigorously defend any claims to the contrary.” A spokesman for Ernst & Young, declined to comment.

In Myanmar, formerly Burma, a Transocean rig was under contract to a Chinese government-controlled oil company, Cnooc, as recently as this spring. Another apparent stakeholder in the drilling site, according to Cnooc, was a Singapore business. That business has been linked to two men identified by the United States Treasury Department in 2008 as major operatives and money launderers for the Myanmar government. At the time, American authorities described both men as longtime heroin traffickers.

Transocean said in a statement that its contract was with Cnooc and did not mention either man. Transocean also said it had not violated the trade sanctions against Myanmar. “No Transocean affiliate that is subject to the U.S. ban has ever done business in Myanmar,” the company said.

In the United States, the recent ruling by a federal bankruptcy court judge involved one of Transocean’s merger partners.

Judge Kevin Gross of the United States Bankruptcy Court for the District of Delaware found in May that the partner, GlobalSantaFe, had entered into a misleading bankruptcy scheme that included the use of shell companies to avoid potential liabilities in an oil pollution case. Judge Gross found the actions so egregious that he ordered GlobalSantaFe and related units to pay $2 million in sanctions to another company involved in the case.

In a statement, Transocean said the issues involving GlobalSantaFe had occurred before their 2007 merger.

Judge Gross did not mention Transocean by name. But in his ruling, he said that GlobalSantaFe and its units were still involved in a “gamesmanship with the judicial system” to thwart potential claims.

Asked about Judge Gross’s ruling, Transocean said, “We are confident we’ll prevail in the remaining legal issues that have yet to be decided.”

Walter Gibbs contributed reporting.
Special thanks to Richard Charter

"Be the change you want to see in the world." Mahatma Gandhi