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  • AG Crowe Corexit Ban Act - Passed by Louisiana Legislature (5/2011)

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    Maureen Dauphinee
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    A Senate committee has approved a Slidell lawmaker's proposal that would effectively ban the use of dispersants in responding to oil spills in Louisiana waters, which extend three miles into the Gulf of Mexico. Republican A.G. Crowe said Tuesday he proposed the ban because the federal government hasn't responded to his requests to switch the oil spill strategy to a less-toxic alternative. "Why these technologies were not used but yet, in place of that, highly toxic chemicals were used is beyond me," said Crowe. His bill, which heads to the Senate floor for debate, would prohibit the use of dispersants unless they are classified as "practically non-toxic" under the U.S. oil spill response plan and break down into carbon dioxide and water. Dispersants break up oil into smaller particles. They are generally less toxic than oil. Use of the chemicals became a major concern for environmental groups after roughly 1.84 million gallons of the dispersant Corexit were applied in response to last year's Deepwater Horizon oil spill in the Gulf of Mexico. Kathy Wascom, a board member for the Louisiana Environmental Action Network, said environmental groups are concerned that there could be unknown consequences from mixing such a large quantity of the dispersant with the oil and other hydrocarbons released in the spill. "We are currently working with doctors to try to help the people in the communities," Wascom said. She pointed to a letter sent by a coalition of Gulf Coast environmental and faith groups pressing the Obama administration to release more information about the environmental and health impacts of the oil spill response. The letter was sent on May 24 to Lisa Jackson, administrator of the Environmental Protection Agency, and U.S. Health and Human Services Secretary Kathleen Sebelius. The groups ask for "documents containing lists of potential synergistic health effects of exposure to the combination of oil, dispersants, oil and dispersants combined, any natural and/or bioengineered bacteria, and any other chemical or 'natural' product used in response to the BP spill." Despite these concerns, state and industry officials say the bill could prevent the state from using a necessary strategy. State environmental official Sam Phillips said that the criteria laid out in the bill would prohibit all dispersants currently on the market. And a chemical industry representative expressed concern that the ban could keep the state from using dispersants in the event of a major oil spill closer to the shore. Crowe agreed to make changes that would allow some dispersant use while getting as close to non-toxic as possible. "I think our concerns may be addressed with what Sen. Crowe and (the Department of Environmental Quality) are going to work on between now and the floor," said Jim Harris, a spokesman for the Louisiana Chemical Association and the Louisiana Ammonia Producers. The bill was passed by the Senate Environmental Quality Committee with no objections. Molly Davis of The Associated Press wrote this report.

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    A Senate committee has approved a Slidell lawmaker's proposal that would effectively ban the use of dispersants in responding to oil spills in Louisiana waters, which extend three miles into the Gulf of Mexico. Republican A.G. Crowe said Tuesday he proposed the ban because the federal government hasn't responded to his requests to switch the oil spill strategy to a less-toxic alternative. "Why these technologies were not used but yet, in place of that, highly toxic chemicals were used is beyond me," said Crowe. His bill, which heads to the Senate floor for debate, would prohibit the use of dispersants unless they are classified as "practically non-toxic" under the U.S. oil spill response plan and break down into carbon dioxide and water. Dispersants break up oil into smaller particles. They are generally less toxic than oil. Use of the chemicals became a major concern for environmental groups after roughly 1.84 million gallons of the dispersant Corexit were applied in response to last year's Deepwater Horizon oil spill in the Gulf of Mexico. Kathy Wascom, a board member for the Louisiana Environmental Action Network, said environmental groups are concerned that there could be unknown consequences from mixing such a large quantity of the dispersant with the oil and other hydrocarbons released in the spill. "We are currently working with doctors to try to help the people in the communities," Wascom said. She pointed to a letter sent by a coalition of Gulf Coast environmental and faith groups pressing the Obama administration to release more information about the environmental and health impacts of the oil spill response. The letter was sent on May 24 to Lisa Jackson, administrator of the Environmental Protection Agency, and U.S. Health and Human Services Secretary Kathleen Sebelius. The groups ask for "documents containing lists of potential synergistic health effects of exposure to the combination of oil, dispersants, oil and dispersants combined, any natural and/or bioengineered bacteria, and any other chemical or 'natural' product used in response to the BP spill." Despite these concerns, state and industry officials say the bill could prevent the state from using a necessary strategy. State environmental official Sam Phillips said that the criteria laid out in the bill would prohibit all dispersants currently on the market. And a chemical industry representative expressed concern that the ban could keep the state from using dispersants in the event of a major oil spill closer to the shore. Crowe agreed to make changes that would allow some dispersant use while getting as close to non-toxic as possible. "I think our concerns may be addressed with what Sen. Crowe and (the Department of Environmental Quality) are going to work on between now and the floor," said Jim Harris, a spokesman for the Louisiana Chemical Association and the Louisiana Ammonia Producers. The bill was passed by the Senate Environmental Quality Committee with no objections. Molly Davis of The Associated Press wrote this report.

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    AG Crowe Corexit Ban Act - Passed by Louisiana Legislature (5/2011)

    Uploaded by

    Maureen Dauphinee
    A Senate committee has approved a Slidell lawmaker's proposal that would effectively ban the use of dispersants in responding to oil spills in Louisiana waters, which extend three miles into the Gulf of Mexico. Republican A.G. Crowe said Tuesday he proposed the ban because the federal government hasn't responded to his requests to switch the oil spill strategy to a less-toxic alternative. "Why these technologies were not used but yet, in place of that, highly toxic chemicals were used is beyond me," said Crowe. His bill, which heads to the Senate floor for debate, would prohibit the use of dispersants unless they are classified as "practically non-toxic" under the U.S. oil spill response plan and break down into carbon dioxide and water. Dispersants break up oil into smaller particles. They are generally less toxic than oil. Use of the chemicals became a major concern for environmental groups after roughly 1.84 million gallons of the dispersant Corexit were applied in response to last year's Deepwater Horizon oil spill in the Gulf of Mexico. Kathy Wascom, a board member for the Louisiana Environmental Action Network, said environmental groups are concerned that there could be unknown consequences from mixing such a large quantity of the dispersant with the oil and other hydrocarbons released in the spill. "We are currently working with doctors to try to help the people in the communities," Wascom said. She pointed to a letter sent by a coalition of Gulf Coast environmental and faith groups pressing the Obama administration to release more information about the environmental and health impacts of the oil spill response. The letter was sent on May 24 to Lisa Jackson, administrator of the Environmental Protection Agency, and U.S. Health and Human Services Secretary Kathleen Sebelius. The groups ask for "documents containing lists of potential synergistic health effects of exposure to the combination of oil, dispersants, oil and dispersants combined, any natural and/or bioengineered bacteria, and any other chemical or 'natural' product used in response to the BP spill." Despite these concerns, state and industry officials say the bill could prevent the state from using a necessary strategy. State environmental official Sam Phillips said that the criteria laid out in the bill would prohibit all dispersants currently on the market. And a chemical industry representative expressed concern that the ban could keep the state from using dispersants in the event of a major oil spill closer to the shore. Crowe agreed to make changes that would allow some dispersant use while getting as close to non-toxic as possible. "I think our concerns may be addressed with what Sen. Crowe and (the Department of Environmental Quality) are going to work on between now and the floor," said Jim Harris, a spokesman for the Louisiana Chemical Association and the Louisiana Ammonia Producers. The bill was passed by the Senate Environmental Quality Committee with no objections. Molly Davis of The Associated Press wrote this report.

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    of 2

    SLS 11RS-379 ORIGINAL

    Regular Session, 2011

    SENATE BILL NO. 97

    BY SENATOR CROWE

    Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

    ENVIRONMENTAL CONTROL. Provides relative to the Oil Spill Prevention and


    Response Act. (8/15/11)

    1 AN ACT

    2 To enact R.S. 30:2462(D), relative to the Oil Spill Prevention and Response Act; to provide

    3 relative to the use of dispersants in oil spill response and cleanup operations; to

    4 provide criteria for dispersants; and to provide for related matters.

    5 Be it enacted by the Legislature of Louisiana:

    6 Section 1. R.S. 30:2462(D) is hereby enacted to read as follows:

    7 §2462. Administration of oil spill response and cleanup

    8 * * *

    9 D. Dispersants used shall meet the following criteria:

    10 (1) Be listed on the National Oil and Hazardous Substances Pollution

    11 Contingency Plan Subpart J Product Schedule.

    12 (2) Be classified as "Practically Non-Toxic" as defined by Ecotoxicity

    13 Categories for Aquatic Organisms (LC50 > 100 ppm), as determined using the

    14 standard toxicity test methods described in Appendix C to 40 CRF Part 300

    15 (National Contingency Plan Subpart J: Use of Dispersants and Other Chemicals

    16 40 CRF 300.900 - 300.920).

    17 (3) Have substantiated end-point of carbon dioxide and water.

    Page 1 of 2
    Coding: Words which are struck through are deletions from existing law;
    words in boldface type and underscored are additions.
    SLS 11RS-379 ORIGINAL
    SB NO. 97

    The original instrument and the following digest, which constitutes no part
    of the legislative instrument, were prepared by Cathy Wells.

    DIGEST

    Present law requires an oil spill contingency plan of response for actual or threatened
    unauthorized discharges of oil and clean up of pollution of such discharges. Present law
    requires pre-approval for the use of dispersants.

    Proposed law retains present law and further requires dispersants that are used to meet the
    following criteria:

    (1) Be listed on the National Oil and Hazardous Substances Pollution Contingency Plan
    (NCP) Subpart J Product Schedule.

    (2) Be classified as "Practically Non-Toxic" as defined by the EPA Ecotoxicity


    Categories for Aquatic Organisms (LC50 > 100 ppm), as determined using the
    standard toxicity test methods described in Appendix C to 40 CRF Part 300 (NCP
    Subpart J: Use of Dispersants and Other Chemicals 40 CRF 300.900 - 300.920).

    (3) Have substantiated end-point of carbon dioxide and water.

    Effective August 15, 2011.

    (Adds R.S. 30:2462(D))

    Page 2 of 2
    Coding: Words which are struck through are deletions from existing law;
    words in boldface type and underscored are additions.

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