Valdez Marine Terminal Oil Discharge Prevention and Contingency Plan - PDF document

1/18/18 This image cannot currently be displayed. Valdez Marine Terminal Oil Discharge Prevention and Contingency Plan (VMT C-Plan) Amendment 2017-1 Request for Adjudicatory Hearing January 2018 PWSRCAC Board Meeting Valdez Duck Flats Solomon Gulch Hatchery Valdez Marine Terminal 1

1/18/18 Valdez Container Terminal 2

1/18/18 1997 Solomon Gulch Hatchery and Valdez Duck Flat Sensitive Area Protection Mobilization Decision Matrix? 10 factors are examined: 1. spill source, 2. spill containment, 3. spill magnitude, 4. waves, 5. visibility, 6. wind direction, 7. wind velocity, 8. current direction, 9. current velocity, 10. Other deployment impacts (e.g., low tide and shore ice) 25+ points 2017 Decision Matrix Changes Revised matrix, reduced points assigned, deleted categories, and made it much more difficult to trigger protective booming. 1. spill source, 2. spill containment, 3. spill magnitude, 4. waves, 5. visibility, 6. wind direction, 7. wind velocity, 8. current direction, 9. current velocity, 10. Other deployment impacts such as low tide and shore ice 3

1/18/18 Alyeska’s new matrix would not protect the Hatchery or Duck Flats in a large oil spill Decision Matrix Factors 2017 1997 Decision Matrix Decision Matrix Spill Magnitude: 155,000 -barrel spill 4 points 10 points Source Control: Secured 0 points 0 points Uncontained 4 points 10 points Tide Cycle Ebb 0 points 0 points Wind Velocity 30 knots 2 points 3 points Wind Direction from East 0 points 1 points Wave Height 2’ 0 points 2 points Total Points 10 Points 26 Points Threshold for Protection 12 Points 25 Points Hatchery and Duck Flats Protected? NO PROTECTION PROTECTION IMPLEMENTED 4

1/18/18 Council Opposed 2017 Alyeska Matrix • PWSRCAC opposed Alyeska's proposal. • PWSRCAC made its position clear in the VMT C-Plan Workgroup and in written comments. • City of Valdez and Valdez Fisheries Development Association also submitted written comments opposing this change. Why is this important? 5

1/18/18 VMT C-Plan Adjudicatory Hearing Request Approval: • October 23, 2017: ADEC approved VMT C-Plan Amendment 2017-1 accepting changes to the matrix Administrative appeal: • November 21, 2017: PWSRCAC, the City of Valdez, and the Prince William Sound Aquaculture Corporation jointly filed Notice of Adjudicatory Hearing and Request for Alternative Dispute Resolution opposing ADEC decision • November 21, 2017: Valdez Fisheries Development Association filed Notice of Adjudicatory Hearing and Request for Stay VMT C-Plan Adjudicatory Hearing Request • What is an administrative appeal? • What is an adjudicatory hearing? • What is the process? • What are we asking for? • What are the next steps? 6

1/18/18 Adjudicatory Hearing Schedule Date Activity January 12, 2018 Public comments due on support of adjudicatory hearing request January 31, 2018 PWSRCAC, City of Valdez, PWSAC reply to State of Alaska’s opposition to adjudicatory hearing request February 10, 2018 Deadline for recommendation decision to ADEC Commissioner from Office of Administrative Hearings February 20, 2018 Deadline for decision on ADEC Commissioner recommendation on adjudicatory hearing VMT C-Plan Adjudicatory Hearing Request Public Comments: Due January 12, 2018 7

1/18/18 Public Comments “… man power requirements during the early minutes and hours of a spill are critical to a successful spill response… …If you grant a change to the Decision Matrix, it will no doubt lessen the response timing requirements and thus relax the minimum manpower requirements that are necessary to be maintained on a full time basis between the VMT Plan and Tanker Plan.” - Mark DeLozier, January 12, 2018 Public Comments “…simultaneously respond… ... central tenant of the contingency planning process ... ... maintain the resources and training necessary... ...serious degradation...” - Neil “Vince” Kelly, December 19, 2017 8

1/18/18 Public Comments “…goes too far in softening the decision to deploy spill protections at the Hatchery and the Duck Flats …will make it more likely for these areas to receive oil in the case of even a moderate spill.” - John Engles, December 17, 2017 Public Comments “Taking out need to assess wave and current factors … may seem a simplification… …water action, including current speed/direction is a major component of oil movement… …deployment that would have occurred under the old plan will no longer occur under the new plan.” - Darrel Olsen, Native Village of Eyak, January 9, 2018 9

1/18/18 Adjudicatory Hearing Schedule Date Activity January 12, 2018 Public comments due on support of adjudicatory hearing request January 31, 2018 PWSRCAC, City of Valdez, PWSAC reply to State of Alaska’s opposition to adjudicatory hearing request February 10, 2018 Deadline for recommendation decision to ADEC Commissioner from Office of Administrative Hearings February 20, 2018 Deadline for decision on ADEC Commissioner recommendation on adjudicatory hearing VMT C-Plan Adjudicatory Hearing Request QUESTIONS? QUESTIONS? 10