References and Notes

References and Notes

1. National Geographic (April 19, 2012), “Gulf Spill Pictures: Ten New Studies Show Impact on Coast,” Barbara Mulligan, -impact-studies/; see also note 9, “Ample studies.”

2. Siddhartha Mitra et al., “Macondo-1 Well Oil-Derived Polycyclic Aromatic Hydrocarbons in Mesozooplankton from the Northern Gulf of Mexico,” Geophysical Research Letters 39, L01605 (2012), doi:10.1029/2011GL049505; “Analysis of Potential Health and Environmental Impacts of Chemicals in Dispersant Products” (August 2011); Toxipedia Consulting Services; Earth Justice,

3. Woods Hole Oceanographic Institution Study (January 26, 2011),, appearing in the American Chemical Society (ACS) online journal Environmental Science & Technology, is the frst peer- reviewed research to be published on the dispersant applied to the Gulf spill and the frst data in general on deep application of a dispersant.

4. Using a new, highly sensitive chromatographic technique that she and WHOI colleague Melissa C. Kido Soule developed, chemist Elizabeth B. Kujawinski reports that those concentrations of DOSS indicate that little or no biodegradation of the dispersant substance had occurred. The deep-water levels suggested any decrease in the compound could be attributed to normal, predictable dilution. They found additional evidence that the sub- stance did not mix with the 1.4 million gallons of dispersant applied at the ocean surface and appeared to have become trapped in deep-water plumes of oil and natural gas reported previously by other WHOI scientists and members of this research team. The team also found a striking relationship between DOSS levels and levels of methane, which further supports their assertion that DOSS became trapped in the subsurface.

5. Mary L. Landrieu, United States Senate, letter to Admiral Robert J. Papp, Jr., USCG (August 10, 2012),

6. UPI wire story,

7. Operational Science Advisory Team, Summary Report for Fate and Effects of Remnant Oil Remaining in the Beach Environment, Note that dispersants are only effective when applied to fresh oil; yet reports  indicate Hurricane Isaac cleanup included the use of dispersants.

8. “Ixtoc Spill Still Contaminates Coastlines; Is That Northern Gulf’s Fate?” Ryan Dezember,; Information on dispersants, Corexit toxicity levels, studies and articles,; M. Fingas, Spill Science, Edmonton, Alberta, PWSRCAC, Anchorage, Alaska, A Review of Literature Related to Oil Spill Dispersants 1997–2008

9. Ample studies:;;, Mote Marine Laboratory study, Toxicity of Deepwater Horizon Source Oil and the Chemical Dispersant, Corexit® 9500, to Coral Larvae (January 2013).

10. Since doubt was cast by PEER on the accuracy of oil spill volume during the DWH disaster,, and the conservative assessment made by NOAA that an estimated 25% of the oil is unaccounted for, more should be done to locate and remove at least 1 million barrels of oil still residing in the Gulf. Historically, mechanical cleanup has been able to remove 2%–8%, while dispersants do not remove any, and unknown quantities evaporate. See also National Geographic interview with Dr. Jane Lubchenco, director of NOAA,; interview with Lisa Jackson,

11. Catherine Kilduff and Jaclyn Lopez, “Dispersants: The Lesser of Two Evils or a Cure Worse Than the Disease?” Ocean and Coastal Law Journal, 16, no. 2,

12. USCG Guidance, Preapproval in US Regions, =125795&programId=114824&programPage=%2Fep%2Fprogram%2Feditorial.jsp&pageTypeId=1348.

13. 33 U.S.C. § 1321(j)(4). The EPA and the Coast Guard, as co-chairs of the Region 6 RRT, approved the Regional Response Team Oil Spill Dispersant Use Policy in 1995; see also; California Dispersant Plan and Federal On-Scene Coordinator Checklist for California Federal Offshore Waters, Plan.pdf.

14. 33 U.S.C. §§ 1251 et seq. (1972),

15. Toxipedia, Toxicity of Dispersant Chemicals, Summary of 57 chemical ingredients (January 25, 2012),; USCG Dispersants, On-Water Oil Removal Capacity: Dispersant Preapproval Listings, =125795&programId=114824&programPage=%2Fep%2Fprogram%2Feditorialjsp&pageTypeId=13489; see also Section 307 of CWA.

16. Dispersants’ constituents and their ingredients are subject to regulation under the Toxic Substances Control Act; see

17. Earth Justice study with citations, The Approval and Use of Dispersants in Oil Spill Responses: Proposals for Reform, Patti Goldman, Marianne Engelman Lado, and Matthew Gerhart,

18. US EPA Dispersant Toxicity Testing (June 2010),

19. BP response to EPA re locating a less toxic dispersant; see chart page 10,

20. Right to Know Hazardous Substance Fact Sheet: 2-Butoxy Ethanol, NJ Department of Health & Senior Services (August 2008),; Agency for Toxic Sub- stances and Disease Registry ToxFAQs (August 1999), 2-BUTOXYETHANOL and 2-BUTOXYETHANOL ACETATE, CAS # 112-07-2 and 111-76-2, [It has been stated by the manufacturer of Corexit 9500 that it does not contain 2-Butoxyethanol. Minimally, since the 1999 EPA NCP Notebook record showed that Corexit 9500 contained 2BE, failure to update the NCP listing with this information made this product questionable for use. If Corexit 9500 does not contain 2BTE, then it does con- tain chemicals equally toxic (e.g., propylene glycol and DOSS at minimum); because when the MSDS’s of 9500 and 9527 are compared, they are identical, i.e., causing kidney failure and mortality, etc.]

21. Oil Pollution Act of 1990,

22. Each EPA regulation is referenced by its location in the Code of Federal Regulations (CFR). For example, “40 CFR 300” means that the regulation is in Title 40, Part 300, of the CFR.

23. Roberto Rico-Martínez,a Terry W. Snell,b and Tonya L. Shearer,b “Synergistic Toxicity of Macondo Crude Oil and Dispersant Corexit 9500A® to the Brachionus plicatilis Species Complex (Rotifera),” Environmental Pollution 173 (February 2013): 5–10. This just-published study indicates toxicity levels of Macondo oil plus Corexit 9500A were 52 times more toxic than the oil itself. [a Universidad Autónoma de Aguascalientes, Centro de Ciencias Básicas, Departamento de Química, Aguascalientes, Mexico; b Georgia Institute of Technology, School of Biology, Atlanta, Georgia.]

24. OPA Report,

25. Oil Spill Commission Action report, Assessing Progress—Implementing the Recommendations of the National Oil Spill Commission (April 17, 2012),

26. EPA Inspector General recommendations (August 25, 2011),

27. The National Oil and Hazardous Substances Pollution Contingency Plan, more commonly called the National Contingency Plan or NCP, is the federal government’s blueprint for responding to both oil spills and hazardous-substance releases. Full text at

28. Preamble to the Proposed RRT VI Bioremediation Position Paper, RRT VI Science & Technology Committee (January 2001),

29. In the recent toxicity studies of dispersed oil, most researchers found that chemically dispersed oil was more toxic than physically dispersed oil, and biodegradation is not supported by the use of chemical dispersants. M. Fingas, Spill Science, Edmonton, Alberta, PWSRCAC, Anchorage, Alaska, A Review of Literature Related to Oil Spill Dispersants 1997–2008,

30. J. W. Tunnell, Jr., Texas A&M University, An expert opinion of when the Gulf of Mexico will return to pre-spill harvest status following the BP Deepwater Horizon MC252 oil spill (January 31, 2011),

31. Robert Barham, Secretary of the Louisiana Department of Wildlife and Fisheries,; “History’s 10 Most Famous Oil Spills,”

32. Hidden Crisis in the Gulf documentary,

33. Jong Nam Kim et al., “Effects of Crude Oil, Dispersant, and Oil-Dispersant Mixtures on Human Fecal Micro- biota in an In Vitro Culture System,” mBio (2012), 3(5):e00376-12, doi:10.1128/mBio.00376-12. “Dispersed oil affected the intestinal microbiota more than either oil or dispersant alone. This may be due to the increased solubility of dispersed oil, which could provide more surface area of hydrophobic and toxic compounds for microbial contact than oil alone. Therefore, dispersed oil may be more bioavailable to the microbiota than oil alone. Previous studies reported that chemical dispersants may increase the concentration of PAHs in the water column. The toxicity of dispersed oil showed that chemically dispersed oil increased the toxicity and concentrations of TPHs and PAHs in fish more than mechanically dispersed oil, dispersant alone, water-soluble oil fractions, or seawater alone.”

34. Sample Toxicity Comparison LC 50 Values on chart can be found at EPA/BP Tests,; Environment Canada Reports,

35. OSEI Corporation Summary of the US EPA Regional Response Team VII Testing of OSE II on Heavy Waste Oil, February 1 to March 8, 2012,; Oil Spill Cleanup Demonstration on Arabian Gulf,

36. Case 1:12-cv-01299, Document 1, fled 08/06/12,

37. 40 CFR, Part 300, Appendix C, 2.5, numbers 5, 6, and 7, describes the 20-minute time test on the shaker table, then 10 minutes of settling, for a total of 30 minutes, to allow the oil to sink. This section of 40 CFR is where the EPA derived its statement regarding the test of dispersant “effectiveness.”

38. The Nation (May 7, 2012), -hidden-health-crisis-festers; J. H. Diaz, “The legacy of the Gulf oil spill: Analyzing acute public health effects and predicting chronic ones in Louisiana,” American Journal of Disaster Medicine 6, no. 1 (January/February 2011): 5–22, doi:10.5055/ajdm.2011.0040.

39. Minnesota Department of Natural Resources report, MPR News (May 16, 2012): “Petroleum compounds were present in 90 percent of the frst batch of eggs tested. Nearly 80 percent of the eggs contained the chemical dispersant used in the Gulf,”