overview of the office of spill prevention & response ca department of fish & wildlife for...
TRANSCRIPT
1
OVERVIEW OF THEOFFICE OF SPILL PREVENTION & RESPONSE CA DEPARTMENT OF FISH & WILDLIFE
FOR THECA ENERGY COMMISSIONIEPR COMMISSIONER WORKSHOPTRENDS IN CRUDE OIL MARKET & TRANSPORT
Ryan C. ToddSenior Staff CounselJuly 2015
2
Main Topics Today
Trustee Responsibility Emerging challenges as a result of
market shifts in crude oil supply Office of Spill Prevention & Response
Overview Implementation of Statewide Oil Spill
Preparedness Mandates
3
Public Trust Doctrine
Roman Emperor Justinian, circa 530 AD, created the "Institutes of Justinian," the body of Roman civil law. The Institutes covered much of Roman life and commerce, including:
“1. By the law of nature then the following things are common to all men; the air, running water, the sea, and consequently the shores of the sea."
Book II, Title 1. On the Division of Things, par. 1; tr. by Adby & Walker 1876, Cambridge
4
Wildlife Trustee Responsibilities
1870: Board of Fish Commissioners. First wildlife conservation agency in the country.
1909: Board became the Fish & Game Commission 1926: Commission created a Pollution Bureau.
1927: Division of Fish & Game established to take over certain duties from the Commission.
1951: Division became the Department of Fish & Game. 1991: Office of Spill Prevention & Response 2013: Renamed the Department of Fish & Wildlife
5
DFW Trustee Responsibilities
“The fish and wildlife resources are held
in trust for the people of the state
by and through the Department.”
Fish & Game Code §711.7, 1600, 1802, 2701
California Department ofFish & Wildlife
6
Water Pollution Threat to Wildlife
Pollution is one of the single biggest threats to wildlife and habitat – acute or chronic. Compare: Disease? Cosco Busan – approximately 7,000 dead birds Deepwater Horizon – estimated 6,000+ birds,
600+ turtles, 150+ dolphins, other species. Refugio …… ?
7
Statewide Oil Spill Program
Enacted in September 1990 (S.B. 2040)Revised June 2014 (S.B. 861)Government Code §8670.1 et. seq.
Lempert-Keene-SeastrandOil Spill Prevention & Response Act
Establishes statewidepreparedness and response mandates for
vessels and facilities, to protect surface waters of the state from oil spills.
8
Lempert-Keene-SeastrandOil Spill Prevention & Response Act
Created an Administrator, appointed by the Governor; is a Chief Deputy Director of DFW. Gov. C. §8670.4
Office of Spill Prevention and Response (OSPR) opened 1991
Administrator has “…the primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any oil spill in the waters of the state…” and is the “incident commander” for oil spills in state surface waters. Gov. C. §8670.7; Fish & Game C. §5655(d)
9
Shift in Crude Oil Transport
10
Crude-by-Rail Westerly Flow
11
C-B-R Facilities
12
Increasing Risk
Crude Rail Incidents5 in 7 Years: 2006-2013
12 in 2 Years: 2013-2015
13
Going Statewide
Original Mandates Limited to the Coast
14
Main OSPR Programs
Prevention• Coordinate with Oversight Agencies Regarding Adequate Spill Measures and
Monitoring. (Not Regulatory) Readiness
• Contingency Planning • Oil Spill Response Organization Oversight• Drills and Exercises• Demonstration of Financial Responsibility (e.g. Insurance)• Local Government Coordination
Response• Spill Dispatch Center• Incident Command• Oiled Wildlife Care
Legal/Enforcement• Investigations (Criminal & Civil Actions)• NRDA – Natural Resource Damage Assessment & Restoration
15
Funding
16
Funding Solution
$0.065 per bbl of crude or petroleum received at refinery or marine terminal that passed over/through Waters of the State.
17
New SB 861-affected Operators
Threat to Waters of the State Within ¼ mile
Estimate about 250-300 12-14 Pipeline operators 10-12 Railroad (Class I & Short Lines) 200+ Production Facilities Other fixed facilities (eg. refinery)
18
Contingency Plans
Standards for Facility & Vessel Plans Best Achievable Protection Reasonable Worst Case Spill Volume Equipment Types, Location, & Time To Deliver Contractual Arrangements for Equipment & Services Strategies to Protect Environmentally Sensitive
Areas Use of Rated OSRO
Ref. Gov. C. §8670.28-31
19
Reasonable Worst Case Spill Volumes
Production Facilities: 10% of the daily average of the largest producing well.
Distribution Pipelines: Same formula as used for marine pipelines (PHMSA)
Railroads: 20% of the maximum volume of oil cargo that a railroad may transport by a single train within the state based on 714 barrels per tank car.
Others: (i.e., gathering lines, portable storage tanks, etc.): Same formula as marine facilities.
20
Geographic Response Plans
Federal plans to protect inland waterways from oils/haz mat
Feather River Canyon GRP underway: Feather River is ‘high risk’ for hazmat spills
Collaboration: OSPR, US EPA, BNSF, Union Pacific (ARCADIS)
Focus on rail and other transportation risks Public/LEPC process
21
Oil Spill Response Organizations
OSRO [cleanup contractor] An entity that provides equipment, personnel, supplies,
or other services directly related to oil spill containment, cleanup, or removal activities. GC 8670.3
Rated by OSPR = Drills + Inspections On-water, booming, recovery, and storage Shoreline protection Terrestrial (shore) cleanup (new)
22
OSROs – “Inland”
Equipment for Dry Washes? New Terrestrial Rating
Response Times Response Planning Areas
Ratings by RPA or counties within an RPA
23
Drills for Operators & OSROs
Announced and Unannounced Drills Test response and cleanup operations, equipment,
contingency plans, and procedures of the plan.
All elements of the plan must be exercised at least once every 3 years
24
Drills Objectives
Establishing Tiers based on Operator Size. Small (tier III), Medium (tier II) and Large (tier I)
Objectives for each tier are reflective of expectations based on the size and scope of the plan holder.
Tiers initially used for the new entities under SB 861, and will be phased in for existing marine plan holders in 2016/2017.
25
OSPR Response Planning Areas
26
Financial Responsibility
Demonstrate financial resources to pay for spill response & damages.
Based on Reasonable Worst Case Spill Volume. Methods:
Insurance Surety Bond Letter of Credit Guaranty Self-insure
Ref. Gov. C. §8670.37.51
27
Financial Responsibility
Owner or operator, or oil owner, must make the demonstration.
Primarily responsible for facility, vessel, or the oil for determining liability.
Facilities Formula - generally: RWCS/bbls x $12,500 or $10,000 Up to $300,000,000
Vessels Tank Vessel - $1B Nontank Vessel – up to $300,000,000
28
Oiled Wildlife Care Network
Rescue and rehabilitation stations, and proactive search and collection, for wildlife injured by oil spills.
Maintained in a state of preparedness to provide best achievable treatment.
Managed by the U.C. Davis Wildlife Health Center. 30 Participating Organizations
Aquaria Universities Scientific organizations Rehabilitation groups.
29
Oiled Wildlife Care Network
Authorized to expand inland Looking at:
Inland wildlife rehabilitation facilities Wildlife rescue & care organizations
30
Spill Response
Basic Aspects of a Spill for OSPR: Incident Management Response & Cleanup Injury Assessment (NRDA) Investigation Cost Recovery
31
OSPR Field Response Team Areas
New for 2015/2016
6 New locations for staff
32
New SB 861 OSPR Regulations
Expected Early to Mid-August, as emergency regulations; valid for 12 months.
Formal Rulemaking to be completed 12 months later; late summer early fall 2016. Workshops likely Spring 2016
33
Lawsuit over SB 861 & Rail
Plaintiffs: UPRR, BNSF, & Assoc. of American Railroads
Defendants: OSPR, Tom Cullen as OSPR Administrator, and A.G. Kamala Harris
October 2014: RR Complaint and Motion for Preliminary Injunction
Dismissed June 2015 as not ripe.
34
PHMSA Rulemaking
Pipeline & Hazardous Materials Safety Administration Tank Car Standards
Notice Aug 2014; CPUC and OES submitted comments Final rule May 2015
Oil Spill Contingency Plan revisions Notice Aug 2014 OSPR Submitted Comments No PHMSA action yet
35
Federal Legislation 2015
S. 859 (Cantwell ) and H.R. 1804 (McDermott) “Crude-by-Rail Safety Act” Not acted upon since introduction.
Would directly put the FRA in charge of oil spill response planning for railroads. Drastic departure from current law, the President is
nationally responsible; delegated by Executive Order to USCG, EPA, DOT, MMS, etc.
Very open-ended for DOT to establish requirements – no specificity or guidance.
