An Open Letter to US EPA, Region 6

Riki Ott
Marine toxicologist and Exxon Valdez survivor RikiOtt.com
Huffington Post.com

Sam Coleman
U.S. EPA, Region 6
1445 Ross Ave.
Dallas, TX 75202-2733 Via email: coleman.sam@epa.gov

August 27, 2010

Re: Documentation of continued dispersant spraying in near shore and inland waters from Florida to Louisiana (despite contrary claims by USCG and BP) and documentation that dispersants made oil sink

Dear Mr. Coleman,

During the August 25 Dockside Chat in Jean Lafitte, LA, it came to our attention that the federal agencies were unaware -- or lacking proof -- of the continued spraying of dispersants from Louisiana to Florida. Further, the federal agencies were woefully ignorant of the presence of subsurface oil-dispersant plumes and sunken oil on ocean and estuary water bottoms. We offer evidence to support our statements, including a recently declassified subsurface assessment plan from the Incident Command Post.

But first, you mentioned that such activities (continued spraying of dispersants and sinking oil) -- if proven -- would be "illegal." As you stated, sinking agents are not allowed in oil spill response under the National Contingency Plan Subpart J §300.910 (e): "Sinking agents shall not be authorized for application to oil discharges."

We would like to know under what laws (not regulations) such activities are illegal and what federal agency or entity has the authority to hold BP accountable, if indeed, such activity is illegal. It is not clear that the EPA has this authority.

For example, on May 19, the EPA told BP that it had 24 hours to choose a less toxic form of chemical dispersants and must apply the new form of dispersants within 72 hours of submitting the list of alternatives. Spraying of the Corexit dispersants continued unabated. On May 26, the EPA and Coast Guard told BP to eliminate the use of surface dispersants except in rare cases where there may have to be an exemption and to reduce use of dispersants by 75 percent. Yet in a letter dated July 30, the congressional Subcommittee on Energy and the Environment reported the USCG on-scene commander (OSC) had approved 74 exemption requests to spray dispersants between May 28 and July 14.

Under the National Contingency Plan Subpart J, the authorization of use §300.910 (d) gives the OSC the final authority on dispersant use: "The OSC may authorize the use of any dispersant... without obtaining the concurrence of he EPA representative... when, in the judgment of the OSC, the use of the product is necessary to prevent or substantially reduce a hazard to human life."

Given this history of events and the NCP regulation, we would like to know what federal entity actually has the final authority to: order BP to stop spraying of dispersant; declare that spraying of dispersant after issuance of a cease and desist order is illegal; and prosecute BP for using product to sink oil.

The documentation of dispersant spraying in nearshore and inland waters includes:
√ claims by USCG and BP
√ eyewitness accounts
√ fish kills in areas of eyewitness accounts
√ photos of white foam bubbles and dispersant on boat docks in areas of eyewitness accounts
√ sick people in areas of eyewitness accounts

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