Quantcast

Rules on Toxic Clean Up Chemicals Unclear as New Leak Pours into Gulf of Mexico

Energy

EcoWatch

A U.S. Air Force chemical dispersing C-130 aircraft drops an oil dispersing chemical into the Gulf of Mexico as part of the Deepwater Horizon Response effort, May 5, 2010. Photo credit: U.S. Air Force Photo / Tech. Sgt. Adrian Cadiz.

A new well leak in the Gulf of Mexico is spewing natural gas and possibly crude oil 75 miles off the coast of Louisiana, reports the U.S. Coast Guard and the Bureau of Safety and Environmental Enforcement.

According to the LA Times, authorities reported a “rainbow sheen” of natural gas, more than four miles wide and three-quarters of a mile long, floating on the surface of the Gulf after a fly-over assessment Tuesday. How much had spilled was unclear.

The platform is owned by Energy Resources Technology Gulf of Mexico, LLC (ERT), which is a subsidiary of Talos Energy. According to a statement from the company, workers were attempting to permanently plug and abandon their non-producing well over the weekend when the leak occurred.

According to the Associated Press, workers were trying to temporarily plug the well Monday night when they lost control of it. The five workers on the platform were evacuated safely and two other wells were shut off, stated the U.S. Coast Guard.

As authorities are working closely with the ERT to monitor pollution response efforts, it is still unclear as to which chemicals can be used to safely clean up fossil fuel spills from offshore drilling and other incidents.

News of the leak broke the same day a coalition of environmental and public health groups filed notice to appeal a decision over the Clean Water Act regarding the use of chemical dispersants for oil spills.

Initially, the groups filed suit in August 2012 to compel the U.S. Environmental Protection Agency (EPA) to comply with the Clean Water Act in preparing and publishing the list of dispersants eligible for use in oil spill response.

According to a press release from public interest environmental law firm Earthjustice, the District Court dismissed the coalition’s suit on May 7 reasoning that the EPA initially made its decision not to identify bodies of water or safe quantities for eligible dispersants back in the 1980s and 1990s, even though it was required by the Clean Water Act.

The BP Deepwater Horizon Oil Disaster in the Gulf of Mexico. Photo credit:
LEANweb.org.

Earthjustice explains that the Clean Water Act requires the EPA to identify the waters in which dispersants and other spill mitigating devices and substances may be used, and the quantities that can be used safely, as part of the EPA’s responsibility for preparing and publishing the National Contingency Plan. But the EPA currently fails to include this required information in its list of eligible dispersants under the National Contingency Plan, which governs responses to discharges of oil and hazardous substances. This meant that during the 2010 BP Deepwater Horizon disaster, 1.83 million gallons of dispersants were released into the ocean without prior scientific study and evaluation of the toxicity of those dispersants and without any understanding of whether those dispersants were safe for the Gulf of Mexico, particularly in the unprecedented quantities that were used. Research into the aftermath of that disaster suggests that indeed they were not safe.

According to the press release, the District Court stated that the groups should have challenged the EPA's decision when it was first made and were too late to claim violations of the Clean Water Act. This interpretation of the law allows an agency to continue violating clear statutory mandates so long as these violations were not caught and corrected within the first six years of their occurrence.

In October 2010, Earthjustice and the coalition had filed a rulemaking petition calling on the EPA to set a toxicity standard, require dispersant manufacturers both to improve testing of their products for toxicity and to disclose the ingredients of the dispersants as a condition of allowing the product to be eligible for use in response to spills. Earthjustice stated that while the rulemaking has been expected for years, it has yet to be released.

Earthjustice represents the Louisiana Shrimp Association, Florida Wildlife Federation, Gulf Restoration Network, Louisiana Environmental Action Network, the Alaska-based Cook Inletkeeper, Alaska Community Action on Toxics, Waterkeeper Alliance and Sierra Club in this action.

Visit EcoWatch’s CLEAN WATER ACT and OFFSHORE OIL DRILLING pages for more related news on this topic.

———

SHARE YOUR THOUGHTS BELOW: What should the EPA do to enforce the Clean Water Act?

———

EcoWatch Daily Newsletter

Electric cars recharge at public charging stations. Sven Loeffler / iStock / Getty Images Plus

By Ben Jervey

Drivers of electric cars are being unfairly punished by punitive fees in several states, according to a newly published analysis by Consumer Reports. Legislators in 26 states have enacted or proposed special registration fees for electric vehicles (EVs) that the consumer advocacy group found to be more expensive than the gas taxes paid by the driver of an average new gasoline vehicle.

Read More Show Less
A plastic bag sticks to a wire fence in a remote location in the Mourne Mountains, co Down, Northern Ireland. Dave G Kelly / Moment / Getty Images

Ireland is ready to say goodbye to plastic cutlery, plastic balloon sticks and grocery items wrapped in plastic as a way to drastically reduce the amount of waste in Irish landfills, according to the Ireland's national broadcaster, RTE.

Read More Show Less
Sponsored
This 1910, power plant, with the U.S. Capitol in the background, is owned by Congress and is the only coal-burning facility in a city that repeatedly violates Clean Air standards. Jahi Chikwendiu / The Washington Post / Getty Images

By Oliver Milman

Two-thirds of Americans believe climate change is either a crisis or a serious problem, with a majority wanting immediate action to address global heating and its damaging consequences, major new polling has found.

Read More Show Less
Organic carrots and radishes at a farmers' market. carterdayne / iStock / Getty Images Plus

By Brian Barth

There's something of a civil war brewing in the organic movement.

Read More Show Less
Volunteers participate in 2018's International Coastal Cleanup in (clockwise from top left) the Dominican Republic, Ghana, Norway and Washington, DC. Ocean Conservancy / Gabriel Ortiz, David Kwaku Sakyi, Kristin Folsland Olsen, Emily Brauner

This coming Saturday, Sept. 21 is the International Coastal Cleanup (ICC), the annual Ocean Conservancy event that mobilizes volunteers in more than 100 countries to collect litter from beaches and waterways and record what they find.

Read More Show Less
Sponsored
Students hold a Youth Strike for Climate Change Protest in London, UK on May 24. Dinendra Haria / SOPA Images / LightRocket via Getty Images

The New York City public schools will allow their 1.1 million students to skip school for Friday's global climate strike, The New York Times reported Monday.

Read More Show Less
The 16-year-old Swede Greta Thunberg speaks during her protest action for more climate protection with a reporter. Steffen Trumpf / picture alliance / Getty Images

By Mark Hertsgaard and Kyle Pope

It's been 30 years since Bill McKibben rang the warning bells about the threat of man-made climate change — first in a piece in The New Yorker, and then in his book, The End of Nature.

Read More Show Less
At the International Motor Show (IAA), climate protestors are calling for a change in transportation politics. © Kevin McElvaney / Greenpeace

Thousands of protestors marched in front of Frankfurt's International Motor Show (IAA) on Saturday to show their disgust with the auto industry's role in the climate crisis. The protestors demanded an end to combustion engines and a shift to more environmentally friendly emissions-free vehicles, as Reuters reported.

Read More Show Less