The Arctic Council Kiruna Ministerial 2013 Oil and Gas Outcomes Arctic Energy Summit

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

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

3. I. KIRUNA DECLARATION MAY 2013 Arctic Council Ministers Decide to • Establish a Task Force to develop an Arctic Council action plan on oil pollution prevention 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. Arctic Council Working Groups Photo Credit: Betsy Baker

5. Oil and Gas in the Arctic Council • 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 KEFLAVIKHSE Management Systems Workshop Report http://www.pame.is/2012-hse-workshop • 2012 HALIFAX Safety Culture Workshop Reporthttp://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 KirunaMinisteral • 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. Arctic Council and International Agreements   Photo Credit: Betsy Baker

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. 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 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

11. 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 *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

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?

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