RETHINKING DISPERSANT RISK ASSESSMENT PROCESSESMeeting the Information Needs of the Public

Gary OttMarie Benkinney

FEAR

“It was from the dispersants.”

YouTube - Care at WJMC following oil spill http://www.youtube.com/watch?v=cD5SddZjMY8&feature=BF&list=PL78ECFEBDDC3C1A83&index=5

Risk: Low to High

Outrage not solved by better explaining “the numbers.”

WORDS: “Doubt… Evil… Tradeoff”

“I am, personally, not there yet.”EPA Administrator’s testimony: at http://www.youtube.com/watch?

v=3HsF6Tk4xts&feature=related

REGULATORY FRAMEWORK

“(PRODUCT NAME) is on the U.S. Environmental Protection Agency’s NCP Product Schedule. This listing does NOT mean that EPA approves, recommends, licenses, certifies, or authorizes the use of (PRODUCT NAME) on an oil discharge. This listing means only that data have been submitted to EPA as required by subpart J of the National Contingency Plan, Sec. 300.915.”

Product Schedule Disclaimer

1. REGULATORY FRAMEWORK

• EPA Policies Treat Dispersants Differently• RRTs are Assigned the Risk Assessment Responsibility

FDA - Drugs - National Standards - Choices Made by Doctor/Patient

EPA - Pesticides - National Standards - Choices Made by State/Farmer

• Establish a National Risk Assessment Process

NIC & National Commission Recommendation

2. MANAGEMENT CONTROLS

• High Risk – Lots of Management Controls• Low Risk – Not so Much

– Burden to prove a negative– Can’t reach market

NRT & EPA Recommendation

3. ECOLOGICAL RISK ASSESSMENT

• Helpless at SpillsMechanical Limitations and Pixi Dust

• RRT / Trustees Dispersant Decision PlanningTrustees Support is not rewarded

• Headquarters Takes Over Decision Process

NIC Recommendation

1. REGULATORY FRAMEWORK

EPA Disclaimer

“(PRODUCT NAME) is on the U.S. Environmental Protection Agency’s NCP Product Schedule. This listing does NOT mean that EPA approves, recommends, licenses, certifies, or authorizes the use of (PRODUCT NAME) on an oil discharge. This listing means only that data have been submitted to EPA as required by subpart J of the National Contingency Plan, Sec. 300.915.”

CONCLUSIONS - Fear

Probability of change?

2. MANAGEMENT CONTROLS

EPA Disclaimer

“(PRODUCT NAME) is on the U.S. Environmental Protection Agency’s NCP Product Schedule. This listing does NOT mean that EPA approves, recommends, licenses, certifies, or authorizes the use of (PRODUCT NAME) on an oil discharge. This listing means only that data have been submitted to EPA as required by subpart J of the National Contingency Plan, Sec. 300.915.”

CONCLUSIONS - Fear

Probability of of matching risk levels with appropriate management controls?

3. ECOLOGICAL RISK ASSESSMENT

EPA Disclaimer

“(PRODUCT NAME) is on the U.S. Environmental Protection Agency’s NCP Product Schedule. This listing does NOT mean that EPA approves, recommends, licenses, certifies, or authorizes the use of (PRODUCT NAME) on an oil discharge. This listing means only that data have been submitted to EPA as required by subpart J of the National Contingency Plan, Sec. 300.915.”

CONCLUSIONS - Fear

Probability Trustees are not rewarded, potential for liability, blame?

TrusteePhotoHere

USES of FEAR - Victim

“What I’m scared about is the dispersment...” NBC’s Nightly News “BP Spill” Anniversary, April 18, 2011: Dean Blanchard interview at http://www.youtube.com/watch?v=PWYOKyOFEF4