The Application of Strict Criminal Liabilities to Spillage of Oil: The Practical Impact on Effective Spill Response

The Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990 provides criminal penalties in oil spills that result from criminal activity, gross negligence or willful misconduct on the part of the spiller. Nevertheless, the Department of Justice has seen fit to reach into unrelated legislation to potentially apply strict criminal liability to any oil spill regardless of intent.Strict criminalization of accidental oil spills is demonstrably counterproductive to effective protection of the environment from the effect of spills since it poses a serious impediment to cooperation and coordination by and between those charged by law to respond to them. This impediment is particularly dangerous since it threatens the proper functioning of the inherently sensitive “troika” Unified Command Structure that has evolved in spill response management in response to OPA-90 management requirements.Introduction of strict criminal liability for accidental spills is also particularly troublesome in that it must enlist unrelated law to influence an area that has been addressed specifically by legislation designed for that purpose; legislation that has worked well in the past 30 years to both regulate the target activities while successfully achieving the objective of protecting and improving environment quality.     

Overview and future trends in oil spill remote sensing

Remote sensing has great potential to provide data to improve oil spill response efforts. There are a number of sensors available that have been proven capable of detecting oil on water and measuring some of its properties. There is no single sensor that provides all the data needed, and hence a combination of sensors must be used. Even if finances and aircraft load capacity were unlimited, there are still many parameters of an oil slick that cannot be measured by remote sensing. This paper describes the cyrrently available sensors and their method of operation and outlines some new developments that have the potential to increase the amount of data available from an airborne remote sensing operation.     

Australia’s Tyranny of Distance in Oil Spill Response

In view of the quantity of oil spilled, smaller spills generally receive less attention than headline grabbing incidents such as the “Amoco Cadiz”, “Exxon Valdez”, “Braer” and “Sea Empress”. The latter incidents involve the loss of significant quantities of oil, the establishment of relatively complex spill response management structures and the involvement of significant numbers of personnel and equipment. As such, large spills from tankers have the potential to create problem areas, for example in establishing and maintaining effective communications, logistics and resource management systems.In general terms spill response personnel are well aware that large spills come complete with significant operational and administrative problems, however what may not be so well recognised is that smaller spills also have the potential to present response personnel with their own unique problems.One of the major problems to be overcome when responding to spills in Australia is the “tyranny of distance”. In quite a few responses, Australian oil spill response managers have had to move personnel and equipment thousands of kilometres to provide an effective outcome. This paper outlines a range of problems that have been encountered by Australian personnel over the years. These include health and safety, communications, logistics and equipment issues.For the purpose of this paper a “smaller” spill has been defined as one involving a discharge of less than 1000 tonnes of oil.     

Comparative occurrence rates for offshore oil spills

Estimates of occurrence rates for offshore oil spills are useful for analysis of potential oil spill impacts and for oil spill response contingency planning. As the Oil Pollution Act of 1990 (U.S. Public Law 101–380, 18 August 1990) becomes fully implemented, estimates of oil spill occurrence will become even more important to natural resource trustees and to responsible parties involved in oil and gas activities. Oil spill occurrence rate estimates have been revised based on U.S. Outer Continental Shelf platform and pipeline spill data (1964–1992) and worldwide tanker spill data (1974–1992). These spill rates are expressed and normalized in terms of number of spills per volume of crude oil handled. The revisions indicate that estimates for the platform spill occurrence rates declined, the pipeline spill occurrence rates increased, and the worldwide tanker spill occurrence rates remained unchanged. Calculated for the first time were estimates of tanker and barge spill rates for spills occuring in U.S. waters, and spill occurrence rates for spills of North Slope crude oil transported by tanker from Valdez, Alaska. All estimates of spill occurrence rates were restricted to spills greater than or equal to 159 m³ (1000 barrels).     

RADARSAT SAR for oil spill response

RADARSAT synthetic aperture radar imagery has been successfully classified to delineate oil slicks on water using training areas for various degrees of oil coverage located within each image. Three and four class schemes have been tested with imagery from the Nakhodka and Milford Haven spills. An interactive graphical editor has been developed using the classified images to re-initialize the SPILLSIM oil spill model during a simulation.     

Looking to the Future––Setting the Agenda for Oil Spill Prevention,Preparedness and Response in the 21st Century

The Oil Pollution Act of 1990 (OPA 90) was largely driven by the catastrophic EXXON VALDEZ tanker spill and several other major tanker spills that followed in 1989. Under the OPA 90 mandate, the US Coast Guard, in partnership with other Federal agencies and industry have implemented a number of initiatives that have significantly enhanced the national oil spill prevention, preparedness and response capability. Declining trends in the volume of oil spilled into US waters indicates that these initiatives are at least in some measure successful.The Coast Guard is now concerned about what the future may hold in terms of oil pollution threats, and prevention, preparedness and response program shortcomings and opportunities in the future. To address this issue, the Coast Guard, in partnership with other National Response Team agencies and industry, is conducting a Broad-Based Programmatic Risk Assessment to develop a comprehensive vision and strategy for the Oil Spill Prevention, Preparedness and Response (OSPPR) Program in the 21st Century. This study will characterize the current and emerging oil spill threats by source category, assess the potential impacts of these threats to define overall risk, and examine the current and projected effectiveness of OSPPR initiatives in minimizing these risks. Key issues, problems and focus areas will be identified and targeted for follow-on risk analysis and management activities by the Coast Guard and agency and industry stakeholders.     

Update of Comparative Occurrence Rates for Offshore Oil Spills

Estimates of occurrence rates for offshore oil spills are useful for analyzing potential oil-spill impacts and for oil-spill response contingency planning. With the implementation of the Oil Pollution Act of 1990 (US Public Law 101-380, August 18, 1990), estimates of oil-spill occurrence became even more important to natural resource trustees and to responsible parties involved in oil and gas activities.Oil-spill occurrence rate estimates have been revised based on US Outer Continental Shelf (US OCS) platform and pipeline spill data (1964 through 1999), worldwide tanker spill data (1974 through 1999), and barge spill data for US waters (1974–1999). These spill rates are expressed and normalized in terms of number of spills per volume of crude oil handled. All estimates of spill occurrence rates were restricted to spills greater than or equal to 1000 barrels (159 m³, 159 kl, 136 metric tonnes, 42,000 US gallons).The revisions compared to the previously published rates calculated through 1992 (Anderson and LaBelle, 1994) indicate that estimates for the US OCS platform spill occurrence rates continue to decline, primarily because no spills have occurred since 1980. The US OCS pipeline spill occurrence rates for spills greater than or equal to 1000 barrels remained essentially unchanged. However, the rate for larger OCS pipeline spills (greater than or equal to 10,000 barrels) has decreased significantly. Worldwide tanker spill rates, rates for tanker spills in US waters, and rates for barge spills in US waters decreased significantly. The most recent 15-year estimates for 1985–1999 (compared to rates for the entire data series) showed that rates for US OCS platforms, tankers, and barges continued to decline.     

The Oil Pollution Act of 1990: A Decade Later

Analysis of oil spills data confirms that accidental oil spills are natural phenomenon and that there is a relationship between accidental oil spills and variables like vessel size, vessel type, time and region of spill. The volume of oil spilled bears relationship with the volume of petroleum imports and domestic movement of petroleum and proportion of large oil spills. Finally, navigational risk increases with increase in marine traffic and is also determined by variables like hydrographic and meteorological conditions, water configuration, maneuvering space, obstructions and nuisance vessels. The Oil Pollution Act, 1990 (OPA 90) was passed by the US Congress in the aftermath of 11 million gallon spill of crude oil in Prince William Sound, Alaska. The objective of OPA 90 was to minimize marine casualties and oil spills by addressing preventive, protective, deterrent and performance aspects of accidental oil spills. The arm of various regulations like double-hull tankers and vessel response plans extended to both US flagged and foreign-flagged tank vessels. The cost–benefit analysis of major regulations shows that the estimated costs exceed estimated benefits. We observe from USCG data on oil spills by size, by vessel type, Coast guard district and type of petroleum product that there have been significant reductions in the number and the quantity of oil spills. Our regression results show that the quantity of oil spilled increases with increase in oil imports but increases at a decreasing rate. The quantity of oil spilled decreases with increases in the domestic oil movements. Furthermore, percent of oil spills larger than 10,000 gallons also increases the potential quantity of oil spilled. OPA 90 has been a deterrent to accidental oil spills but the finding is not conclusive.     

Past in situ Burning Possibilities

This study evaluated the feasibility of conducting in situ burning (ISB) using current technology on post-1967 major oil spills over 10 000 barrels in North America and over 50 000 barrels in South America and Europe. A diverse set of 141 spills representing various combinations of parameters affecting spill responses (e.g., spill size, oil type, weather conditions, sea temperature, and geographic location) were evaluated using four “Phase I” criteria: Distance to populated area, oil weathering, logistics, and weather conditions. In Phase I, a spill that failed to meet one of the four criteria was considered an “unsuccessful” candidate for ISB. In total, 47 of the 141 spills passed the Phase I analysis. The potential effect of the plume on populated areas was the most significant of the four Phase I criteria; 59 of the 141 spills did not pass Phase I because the incident occurred near a sizable city. Spills that met all four criteria were further evaluated using a “Phase II” analysis that applied additional criteria and considered individual spill circumstances to determine if the spill should be rated as a “successful”, “marginal call”, or “unsuccessful” ISB candidate. Fourteen spills were ultimately determined successful in the Phase II analysis, and 12 were designated marginal calls.     

溢油监测技术在石油石化企业环境风险防控中的应用

针对石油石化企业的溢油风险,提出企业在厂区雨水系统、外排口、涉水生产设施、环境敏感受体、溢油事故应急处置5类场景下的溢油监测需求,总结了溢油监测技术的类型和特点,介绍了可见光、红外、紫外、荧光、高光谱、微波辐射、雷达、电磁能量吸收等溢油监测技术的应用现状和优缺点。提出:企业溢油监测系统可分为企业内部溢油风险分级管控监测、企业边界的溢油风险报警监测、敏感环境监视的风险预警监测、溢油事故应急救援的溢油处置监测4个层次的运行模式。     

Review of oil spill remote sensing

Airborne and space-borne sensors are reviewed and evaluated in terms of their usefulness in responding to oil spills. Recent developments and trends in sensor technology are illustrated with specific examples. The discussion of the sensors is divided into two main categories, namely active and passive. Active sensors are those that provide their own source of illumination or excitation, whereas passive sensors rely on illumination from a secondary source. A common passive sensor is an infrared camera or an IR/UV (infrared/ultraviolet) system. The inherent weaknesses include the inability to discriminate oil on beaches, among seaweeds or debris. Among active sensors, the laser fluorosensor is a most useful instrument because of its unique capability to identify oil on backgrounds that include water, soil, ice and snow. It is the only sensor that can positively discriminate oil on most backgrounds. Disadvantages include the large size, weight and high cost. Radar offers the only potential for large area searches and foul weather remote sensing. Radar is costly, requires a dedicated aircraft, and is prone to many interferences. Equipment that measures relative slick thickness is still under development. Passive microwave has been studied for several years, but many commercial instruments lack sufficient spatial resolution to be practical, operational instruments. A laser-acoustic instrument, which provides the only technology to measure absolute oil thickness, is under development. Equipment operating in the visible region of the spectrum, such as cameras and scanners, is useful for documentation or providing a basis for the overlay of other data. It is not useful beyond this because oil shows no spectral characteristics in the visible region which can be used to discriminate oil.     

Biodegradation of Dispersed Forties Crude and Alaskan North Slope Oils in Microcosms Under Simulated Marine Conditions

For oil spills in the open sea, operational experience has found that conventional response techniques, such as mechanical recovery, tend to remove only a small fraction of oil during major spills, a recent exception being the Mississippi River spill in Louisiana [Spill Sci. Technol. Bull. 7 (2002) 155]. By contrast, the use of dispersants can enable significant fractions of oil to be removed from the sea surface by dispersing the oil into the water column. It is thought that once dispersed the oil can biodegrade in the water column, although there is little information on the mechanism and rate of biodegradation. Two studies were undertaken on dispersion, microbial colonisation and biodegradation of Forties crude and Alaskan North Slope (ANS) oils under simulated marine conditions. The study using the Forties crude lasted 27 days and was carried out in conditions simulating estuarine and coastal conditions in waters around the UK (15 °C and in the presence of nutrients, 1 mg N-NO₃/l), while the ANS study simulated low temperature conditions typical of Prince William Sound (8 °C) and took place over 35 days. The results of both studies demonstrated microbial colonisation of oil droplets after 4 days, and the formation of neutrally buoyant clusters consisting of oil, bacteria, protozoa and nematodes. By day 16, the size of the clusters increased and they sank to the bottom of the microcosms, presumably because of a decrease in buoyancy due to oil biodegradation, however biodegradation of n-alkanes was confirmed only in the Forties study. No colonisation or biodegradation of oil was noted in the controls in which biological action was inhibited. Oil degrading bacteria proliferated in all biologically active microcosms. Without dispersant, the onset of colonisation was delayed, although microbial growth rates and population size in ANS were greater than observed with the Forties. This difference reflected the greater droplet number seen with ANS at 8 °C than with Forties crude at 15 °C. Although these studies differed by more than one variable, complicating comparison, the findings suggest that dispersion (natural or chemical) changes the impact of the oil on the marine environment, potentially having important implications for management of oil spills in relation to the policy of dispersant use in an oil spill event.     

The Significance of Oil Spill Dispersants

There is growing acceptance worldwide that use of dispersants to counter the effects of an oil spill offers many advantages and can often result in a net environmental benefit when considered in relation to other response options. A major reason for this growing support and increased reliance on dispersants is the advent of improved dispersant products that are low in toxicity to marine life and more effective at dispersing heavy and weathered oils – oils previously believed to be undispersible. This capability has been demonstrated through extensive laboratory testing, field trials, and dispersant application on actual spills. This paper summarizes recent advances in dispersant R&D and reviews the implications of technology advances.     

Analysis of Methods Used in Spill Response Planning: Trajectory Analysis Planner TAP II

Long records of geophysical forcing have been used in numerous studies to estimate a statistical distribution of oil spill scenarios. The resulting set of spill scenarios is then used as a basis for planning a robust response capability that should be able to handle all likely real spills. For model developers to be able to support these expectations there are a number of criteria that must be satisfied: (1) Models must develop and retain the data necessary to answer key response questions; (2) developers must understand the limitations in resolution imposed by the specific algorithms they use; and (3) the cardinality of the long geophysical records (with respect to modeled spill behavior) should be determined and the final collection of spill scenarios must span this set. This paper considers these specific constraints and discusses methods that can be used to quantify some aspects of the uncertainty in the output.     

Summary of Development and Field Testing of the Transrec Oil Recovery System

This paper summarizes the development, field testing and performance evaluation of the Transrec oil recovery system including the Framo NOFO Transrec 350 skimmer and multi-functional oil spill prevention and response equipment and presents performance data, not published before, from full-scale experimental oil spills in the North Sea from 1981 to 1990. The rare data provides useful information for evaluation of mechanical clean-up capabilities and efficiency, in particular, for responders who are using this equipment in many countries around the world.The development of the Transrec oil recovery system represents one of the most comprehensive efforts funded to date by the oil industry in Norway to improve marine and open ocean oil spill response capabilities. The need for improvements was based upon early practical user experience with different oil recovery systems, and test results from experimental oil spills in the North Sea.The result of the development efforts increased: (1) skimmer efficiency from approximately 15–75% (it reached 100% under favorable environmental conditions); (2) oil emulsion recovery rate from approximately 20–300 m³/h; (3) recovery system efficiency from approximately 15–85% in 1.5 m significant wave height; (4) oil emulsion thickness from approximately 15–35 cm; (5) weather-window for mechanical recovery operations from 1.5 to 3.0 m significant wave height; (6) capability for transfer of recovered oil residue to shuttle tankers in up to 4 m significant wave height and 45 knot winds; (7) capability for operations at night.The new Transrec oil recovery system with the special J-configuration virtually eliminated skimming operation downtime, and damage to booms and equipment failures that had been caused by oil spill response vessel (OSRV) problems with maintaining skimming position in the previous three-vessel oil recovery system with the boom towed in U-configuration. The time required to outfit OSRVs dropped from approximately 30–<1 h, reducing time from notification to operation on site by more than 24 h.Improvement in oil recovery resulted in the acceptance of a new oil spill preparedness and response plan. The new plan reduced the need for oil recovery systems from 21 to 14, towing vessels in preparedness from 42 to 18, and personnel on stand-by from 135 to 70, which subsequently reduced the total contingency and operational costs by almost 50%. These cost reductions resulted from lower contingency fees for personnel, fewer towing vessels on stand-by, less expensive open ocean training and exercises, less equipment and reduced storage space to lease, and simplified equipment maintenance.     

Understanding the Causes of Spills From the Supply and Handling of Chemicals at Resource Construction Sites: A Case Study

An intermediate bulk container (IBC) was punctured during its handling, releasing a refined oil product onto land at a large construction site in an environmentally sensitive region of Australia. Understanding and controlling the risks from fuel, oil, and chemical spills on the current project was of critical importance as part of the project's overall approval, and ongoing compliance depended on the project committing to minimizing all chemical and petroleum hydrocarbon spills on the site. The telehandler (forklift) did not pierce the plastic of the IBC directly (as was expected to be the case) but rather one of the tynes caught on the underside of the metal base plate (pallet belly plate), despite numerous controls being in place at the time of spill (to limit the risks of damaging the IBC), revealing a previously unreported mechanism for a fluid spill from handling of petroleum hydrocarbons and related chemicals. The investigation team used a root cause analysis (RCA) technique, based on the fishbone (Ishikawa) diagram, which was undertaken with 12 expert contributors (from the project) to identify the underlying cause: The inspection process was inadequate. This study is a companion to the article published in Winter 2014 in Remediation (Guerin, 2014) covering multiple causes of spills from plant and equipment commonly used on construction and remediation projects. ©2015 Wiley Periodicals, Inc.     

Environmental Effects of In Situ Burning of Oil Spills in Inland and Upland Habitats

In situ burning of inland and upland habitats is an alternative oil spill cleanup technique that, when used appropriately, may be more environmentally acceptable than intrusive manual, mechanical, and chemical treatments. There have been few published reports documenting the environmental effects of in situ burning in inland and upland habitats. Thus, this study, sponsored by the American Petroleum Institute, used two approaches to increase the knowledge base and improve the appropriate use of in situ burning: (1) detailed review of published and unpublished in situ burn case histories for inland and upland spills; and (2) summaries of fire effects and other information from the literature on fire ecology and prescribed burning. Thirty-one case histories were summarized to identify the state of the practice concerning the reasons for burning, favorable conditions for burning, and evaluations of burn effects. The fire ecology and effects summaries included information from the extensive knowledge base surrounding wildfire and prescribed burning (without oil) as a natural resource management tool, as well as fire tolerance and burning considerations for dominant vegetation types of the United States. Results from these two approaches should improve the application of in situ burning for inland and upland spills.     

Recovery of the Irving Whale oil barge: Overflights with the laser environmental airborne fluorosensor

In the summer of 1996 the oil barge, Irving Whale, was successfully raised from the depths of the St Lawrence River with the majority of its cargo of bunker C fuel oil intact. As part of the recovery effort, the Emergencies Science Division of Environment Canada performed airborne remote sensing flights over the site of the barge prior to, during and following the lift procedure. The primary sensor employed during these remote sensing flights was the laser environmental airborne fluorosensor (LEAF). Additional equipment on board Environment Canada's DC-3 aircraft included an RC-10 colour mapping camera and two down-looking video cameras.In the days leading up to the lifting of the Irving Whale, the LEAF system detected bunker C fuel oil on the surface of the gulf in close proximity to the location of the sunken barge. This oil was believed to have been dislodged from beneath structures on the top of the barge during inspections, welding and other preparations in advance of the lift. On the actual day of the lift, 30 July, greatly increased amounts of bunker fuel were detected. During each overflight, the real-time LEAF system produced timely, concise map-based oil contamination information in hard-copy form. The locations of the visibly thick and recoverable oil were radioed to spill response personnel on the surface and promptly recovered by booming and skimming operations. In addition, the LEAF system found extremely thin, sub-sheen levels of oil over the majority of the southern Gulf of St Lawrence on the day of the lift. The extent of this coverage was greatly reduced the following day (presumably due to further spreading) and essentially eliminated by 1 August. The LEAF system on the DC-3 continued to monitor the Irving Whale as it was transported to Halifax, Nova Scotia on the deck of the submersible vessel Boabarge 10. During transit no oil which could be attributed to the Irving Whale was detected, apart from a small residual amount at the lift site.     

An approach to evaluate the application of the vulnerability index for oil spills in tropical Red Sea environments

The Egyptian national marine oil pollution contingency plan was urgently initiated after the Nabila oil spill in 1982, to provide an estimate of its environmental effects on the Egyptian Red Sea coastal areas and to determine geomorphological features and cuastal processes, together with physical, chemical and biological baseline data for this tropical environment.The ‘Vulnerability Index’ (VI) was applied to evaluate and calibrate the effect of the Nabila oil spill on the Egyptian Red Sea Coastal area. A detailed in situ coastal survey was conducted during two visits in November 1982 and May 1983 to 80 shore sites from Suez to Ras Banas to monitor the oil pollution and to apply the ‘Vulnerability Index’. A comparative assessment of the index over time by comparing it with a quick ground inspection in November 1993 to some sites to evaluate the applicability of this index for oil spills in such environments. In addition, the physical effects of fresh and weathered crude oil and/with dispersant on water filtration by different beaches were preliminary studied.The geomorphological/Vulnerability Index results show that most of the Egyptian Red Sea coastal environments have medium to high vulnerability to immediate and medium term oil spill damage. The oil pollution spread estimated to be 250 km south of the oil spill and about 200 km north of it. The quantity of oil along the shoreline was reduced by about 60% due to natural and authorities clean up. The third survey after 11 years showed that the VI could be used as a predictive tool for assessment of oil spill effects on such tropical environments.