1. The Arctic Council Kiruna Ministerial 2013 Oil and Gas Outcomes Arctic Energy Summit Akureyri - 8 October 2013 Photo Credit: Steve Roberts CCGC Louis S St. Laurent breaks ice for USCGC Healy 2009 Beaufort Sea Prof. Dr. Betsy Baker Vermont Law School, Institute for Energy & the Environment

2. IBCAO International Bathymetric Chart of the Arctic Ocean I. Arctic Council Kiruna Declaration II. EPPR Working Group III. PAME Working Group IV. Prospects for International Standards or Harmonization NOT covered: Arctic Oil Spill Preparedness and Response Agreement. Negotiated under AC auspices, but not an AC Agreement

3. Arctic Council Ministers Decide to Establish a Task Force to develop an Arctic Council action plan on oil pollution prevention I. KIRUNA DECLARATION MAY 2013 Task force will present outcomes at next Ministerial (2015). Tarsuit Island, Beaufort Sea, Canada Photo Credit: http://www.icetech14.org/gallery/conf_icegallery/005.jpg

4. Photo Credit: Betsy Baker Arctic Council Ministers PAME Protection of the Arctic Marine Environment AMAP Arctic Monitoring and Assessment Program EPPR Emergency Prevention, Preparedness and Response SDWG Sustainable Development Working Group ACAP Arctic Contaminants Action Program CAFF Conservation of Arctic Flora and Fauna

5. 2004 PAME Arctic Marine Strategic Plan (being updated for 2014) 2004 PAME/EPPR Guidelines for Transfer of Refined Oil and Oil Products in Arctic Waters (TROOP) 2007 AMAP Oil and Gas Assessment 1997, 2002 and 2009 Arctic Council’s Arctic Offshore Oil and Gas Guidelines 2009 PAME Arctic Marine Shipping Assessment 2011 EPPR Behaviour of Oil and other Hazardous and Noxious Substances on Arctic Waters (BoHaSa) 2011 PAME Arctic Ocean Review Phase I Report 2013 EPPR Operational Guidelines for the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic 2013 Arctic Ocean Review Final Report Ongoing - PAME Management Regulation & Enforcement Web-based Information Resource. Photo Credit: Neil Tinmouth

6. PAME Offshore Safety Reports at the Kiruna Ministerial 2013 Two continuing PAME projects – 2012 KEFLAVIK HSE Management Systems Workshop Report http://www.pame.is/2012-hse-workshophttp://www.pame.is/2012-hse-workshop – 2012 HALIFAX Safety Culture Workshop Reporthttp://www.pame.is/safety-culture-2012http://www.pame.is/safety-culture-2012 – --FINAL HSE REPORT is scheduled for late in 2013-- Photo Credit: Betsy Baker

7. Other PAME Reports at the Kiruna Ministeral Arctic Ocean Review (AOR) Final Report 2013 Reviews all relevant international agreements for eight sectors: Indigenous Peoples and Cultures, Shipping, Marine Living Resources, Offshore Oil and Gas, Marine Pollution, Ecosystem Based Management Arctic Science. AOR Oil and Gas Recommendations – Standardize – through existing programs (e.g. ISO, Barents 2020) – Harmonize – in discrete areas, e.g. environmental monitoring – Engage - Industry and Regulators, e.g. through existing groups (OGP & IADC are observers at Arctic Council) – Interact – with relevant treaty bodies – e.g. information exchange on monitoring, common protocols, etc. Prirazlomnaya Platform Photo Credit: Gazprom http://www.gazprom.com/f/posts/64/600705/dsc_0236.jpg

8. Photo Credit: Betsy Baker Arctic Council Ministers PAME Protection of the Arctic Marine Environment AMAP Arctic Monitoring and Assessment Program EPPR Emergency Prevention, Preparedness and Response SDWG Sustainable Development Working Group ACAP Arctic Contaminants Action Program CAFF Conservation of Arctic Flora and Fauna CAFF Arctic Biodiversity Assessment OSPAR Offshore Industry Committee Region I (ARCTIC) & PAME AMAP/JAMP Convention on Biological Diversity OSPAR Convention on Protection of the North East Atlantic  

9. CAFF + oil and gas at Kiruna Ministerial Arctic Biodiversity Assessment (interact with Convention on Biological Diversity) “Mainstream Biodiversity” – In Arctic Council Work – Encourage it in international standards, agreements, etc. – Including for offshore oil and gas Support development of prevention and clean up measures for spills so they are ready to go.

10. Kulluk Drilling Rig Grounded off of Alaska 2012 Photo Credit: National Public Radio http://media.npr.org/assets/img/2013/01/07/kulluk_wide- 49bdb1df67124cb675bb01aa9181eb4796c55b60-s6-c30.jpg EPPR at the Kiruna Ministerial I. RECOMMENDED PRACTICES FOR ARCTIC OIL SPILL PREVENTION, MAY 2013 EPPR REPORT Best practice = “effective prevention management strategies aimed at completely eliminating the potential for the accidental release of pollutants into the marine environment.” II. EPPR NON-BINDING OPERATIONAL GUIDELINES Appendix IV to 2013 Oil Spill Agreement

11. * EPPR Summary Report and Recommendations on the prevention of Marine Oil Pollution in the Arctic, ISBN: 978-82-7971-0077-6, Author: Brianne Rossi, Canada EPPR at the Kiruna Ministerial I. RECOMMENDED PRACTICES FOR ARCTIC OIL SPILL PREVENTION, MAY 2013 EPPR REPORT Catalog all applicable oil and gas standards for Arctic activities (e.g. facilities management, ice management, escape route and drills, training, logistics, security) and highlight differences* Facilitate oil spill prevention research and regulatory cooperation Establish a mechanism for regulators to share information e.g. best practices, processes, regulatory approaches as well as compliance and operational information (such as near-miss data). Possibly leading to joint data base for Arctic Ocean coastal state regulators

12. Other calls for Standardization U.S. Presidential Commission on the Deepwater Horizon: call for “global best practices” Regional or “Neighborhood” Standardization: – If we have a Barents 2020, why not a Beaufort 2025 and a Chukchi 2025? – US/Mexico – similar project in the Gulf of Mexico Photo Credit: NASA The Deepwater Horizon Spill from space

13. Standardize: e.g. Winterization? CANADA Canada Oil and Gas Installation Regulations devote sec. 14 to “Winterization”, e.g. UNITED STATES Currently, U.S. Law has very few Arctic-Specific Standards, BUT is developing Alaska specific standards RUSSIA Several specific winterization requirements NORWAY No specific “winterization requirements, however: DK/GREENLAND No specific winterization requirements, however: -Guarantee Key functions, Production Safety, Emergency Shutdown, Lifesaving, Operating Ballast (MODU) will operate in low temperatures -Systems Fluids, e.g. freshwater, hydraulic, firefighting, pneumatic, other, won’t freeze Under the COGDP regulations the required Safety Plan shall set out e.g. -Measures to protect installation from pack sea ice, drifting icebergs or land- fast sea ice. including systems for ice detection, surveillance CURRENTLY -Must show MODU is capable of performing in frontier area; -Must consider ice scour when locating operations; -Subsea BOP required in well cellar in ice scour areas; -But Use of Polar Class vessels not mandatory COMING SOON Regulator is preparing Arctic Specific Standards (Draft expected 2013) Pew Charitable Trusts proposals are most detailed, e.g. Use of higher-quality low-temperature steel for Arctic facility design. Other The Continental Shelf Safety Rules contain a chapter on the safety of design and operation of ice-resistant platforms: -Mandatory controlling devices for ice monitoring -Mandatory equipment for ice removal -Mandatory maintenance during the ice free period -Pipelines must be designed with moving ice in mind -Prevention of oil spills on ice surface -Specific requirements for navigation in ice waters Risk-based overarching provisions This level of specificity may not be appropriate No specific “winterization requirements,” however: Such requirements may be imposed by a license or approval letter Requirement to use best international standards

14. Takk! Dr. Betsy Baker Professor Vermont Law School Institute for Energy & the Environment bbaker@vermontlaw.edu Photo Credit: Steve Roberts CCGC Louis S St. Laurent breaks ice for USCGC Healy 2009 Beaufort Sea Richness? Resilience? Responsibility?