Both Marcy Wheeler and Kirk Murphy have responded to BP’s filing with EPA (pdf) in which BP insists that they must continue the use Corexit EC9500A as the dispersant of choice in attempting to mitigate the effects of the continuing gusher a mile beneath the surface of the Gulf of Mexico. I want to expand on their findings to point out the intellectual dishonesty BP uses in supporting their decision to continue using Corexit.
Here is how BP frames the directive they received from EPA to choose a new dispersant, and their decision to ignore that directive:
BP’s response below considers the criteria set forth in the directive in the following order (1) dispersants with a toxicity value greater than or equal to 32.00 ppm LC50 toxicity value for Menidia or 18.00 ppm LC50 for Mysidopis [sic], as indicated on the NCP Product Schedule, (2) the availability based on existing stockpiles, the estimated time to begin aerial and subsurface application, and time for manufacturing, shipping and warhousing, and (3) as effective as Corexit EC9500A at dispersing the oil plume. As discussed below, given the above criteria, BP continues to believe that Corexit EC9500A is the best alternative.
Here is the NCP Product Schedule toxicity table that is referenced above:

Note that Corexit EC9500A fails to meet criterion number one. In fact, for the Menidia toxicity analysis, it is the most toxic dispersant in the table. Five preparations meet criterion number one for toxicity.
Next, BP addresses availability, noting that they have over 200,000 gallons of Corexit EC9500A on hand and 100,000 gallons Sea Brat #4. Then, BP informs EPA that they don’t have the other agents on hand and that it will take too long to obtain supplies:
BP does not have a stockpile of the other dispersants that meet the criteria in the May 19th Directive, and the manufacturers tell us that they cannot produce the requested volume for 10 to 14 days or more.
Inexplicably, BP provides more detailed information on five dispersants alongside data from their two Corexit formulations, but only two of the five dispersants they analyzed in detail were taken from the group of five with the EPA-mandated low toxicity levels. Furthermore, they provide no more information on availability of these two agents, merely noting they will provide the information to EPA.
Despite Sea Brat #4 meeting the EPA toxicity criteria and despite having 100,000 gallons of it on hand, BP moves outside the EPA toxicity criteria to bring in an intellectually dishonest claim about Sea Brat #4 in order to eliminate it as a candidate for use. As pointed out in Marcy’s post, BP claims that one minor component of Sea Brat #4 "may degrade" to a compound that is an endocrine disruptor. As Kirk Murphy points out, the scientific literature demonstrates that dispersants as a class (and Corexit EC9500A as the usual research example) result in making the known endocrine disruptors in the oil spill itself more bioavailable to a number of organisms.
This is intellectual dishonesty taken to the extreme. BP is rejecting a much less toxic dispersant candidate because a minor component "may" break down into an endocrine disruptor, when the oil itself is providing endocrine disruptors in amounts many orders of magnitude higher than any anticipated breakdown product of a dispersant. Further, BP knows that its dispersant, and all dispersants as a class, are making the endocrine disruptors in the oil more available to the organisms they can harm. Here is a snippet from a NOAA review (pdf) of endocrine disruptors, dealing with polycyclic aromatic hydrocarbons, which are present in high amounts in crude oil and which were the subject of the scientific study Kirk found:
Polycyclic Aromatic Hydrocarbons (PAHs). The PAHs appear to depress the production or levels of circulating estrogens as well as vitellogenin in female fish. There does not appear to be much information on the effects of PAHs in male fish. PAHs have also been shown to result in lower GSIs.
[GSI = gonadosomatic index, (gonad weight/body weight X 100)]
So the bottom line is that in claiming that a minor component of Sea Brat #4 "may" break down into an endocrine disruptor, BP is focusing on the possible introduction of endocrine disruptors at probably less than a millionth (and more likely less than a billionth) of the endocrine disruptors that the dispersants are helping to become more bioavailable. There is simply no justification for BP’s exclusion of Sea Brat #4 on this basis.
It should also be noted that all five of the agents which meet EPA’s toxicity criterion also exceed Corexit EC 9500A’s performance on EPA’s measure of effectiveness on South Louisiana Crude.
Finally, BP has categorically rejected several of the more effective, less toxic dispersants by claiming that they are not available in the 10 to 14 day range. We are likely still several months away from a relief well stemming the flow from the gusher. Why does BP not offer to switch to one of the better agents at a later date when it becomes available in sufficient quantities?




46 Comments




Because they don’t make it?
Thanks for hitting this Jim–between my cold-addled brain and not being a scientist, I knew I wasn’t giving it the full treatment.
From EW’s posting: “Crony capitalism plays a role in why BP is using Corexit. Corexit is manufactured by Nalco (NLC). One of Nalco’s Directors is Rodney F. Chase. He retired from BP after 38 years. Daniel S. Sanders, another Nalco Director, retired after working for ExxonMobile Chemical Company for 43 years. In 2003 Nalco was acquired by a consortium comprised of Blackstone Group, Apollo Management and Goldman Sachs Partners.
http://www.allbusiness.com/business-finance/equity-funding-stock/683074-1.html
So Pete Peterson (Obama’s buddy),GS(we all know how fond he is of them) and Apollo Mgmt.
Oh yeah, Drexel Burnham Lambert; how soon we forget.
Thanks. That certainly seems to be a large factor here, doesn’t it?
“That certainly seems to be a large factor here, doesn’t it?”; it’s a factor in everything. Unfortunately so.
Very good job on this, Jim…even I can understand it! ;-)
ubetchaiam @3…all I can say is OY! [Sickening...blech]
Looks like Congressman Jerrold Nadler wants dispersant use to end:
LD 50 is much better on the Sea Brat #4 than either of the COREXIT’s. Those two are very toxic.
Dishonest? Well there’s a surprise.
Nice catch now then is the WH or the media reading any of this from the Lake?
BP knows that by lying they open themselves up to even more lawsuits later. Unless they try bankruptcy.
Time to freeze all of BP’s assets pronto!!!!!!!!!!!!
The only thing I can think of to say is “No shit? Really? Who could have anticipated…”
What Mary McCurnin said at #12. Twice. Or maybe thrice.
The Brits might get a tad miffed…!
My bold Every prediction on BP’s stock price and earnings is based on the 10-14 day fix the leak range. Everything from the the amount of lawsuits based on BP’s funny estimates of how much oil leaks out. The cost of clean up efforts etc The amount of oil BP loses from the leak that they could have sold.
Now lets imagine BP fails to plug the leak. Then BP loses how many barrels of oil from its proven assets?
BP has to pay to clean up how much oil? Pay how many states and countries Mexico, Dominican Republic, Cuba, etc lost fishermen and tourist dollars?
CEO’s have to report and swear their numbers are valid post Enron the only way BP gives good numbers is if they assume a 10-14 day leak.
The Market gurus are being Taken again.
Time to
freezeseize all of BP’s assets, pronto!!!!!!!!Now is not the time for it. But, soon, very soon, a number of BP officials should be arrested. I think they will be.
I wish I had your optimism. I don’t see that happening. After all, we’re still looking forward.
Agreed and start seizing their overseas assets. BP is English I bet they are insured with Loyd’s of London.
http://en.wikipedia.org/wiki/Lloyd's_of_London
I am not even going to guess where or how a BP bankruptcy would effect Loyd’s and the British economy. But I will say the clean up bill is likely to break BP and Loyd’s.
I expect Obama will not make them pay.
When the right thing to do converges with good politics, it usually happens.
Tough. Let them come and clean up the dead marshes.
Wait, BP has been dishonest? Who could have predicted….?
That’ll never happen. It should, but it won’t.
Thanks Jim. Another helpful post.
Though if we’re playing web scientist we ought to start with the assumption and implication that BP would ever do anything “intellectually honest.” That’s not simply a whack at BP. It seems that one ought to establish a track record of, or even some evidence of, intellectual honesty before being either credited with it or held to it as a standard.
More broadly, it’s the expectation of “honesty” on the part of any corporation that’s the false assumption. Honesty is a moral condition; corporations do not have morals, and thus do not – and cannot – behave morally.
Everything’s merely a cost-benefit tradeoff. As long as the people who own corporations are shielded from the taking responsibility for their actions, and the only influence on the corporate entity is money, then whatever makes the most money is what will happen.
But, but, but… They’re PERSONS… Sorry, but I just can’t continue… There isn’t a snark tag big enough…
http://en.wikipedia.org/wiki/Lloyd's_of_London
My bold unlimited Liability are they insane? BP could bankrupt all the rich people and corporations in Loyd’s I think the Queen of England is a member.
Good reason to challenge Corporate personhood Corporations should act to protect stockholders at the expense of everyone else or they get sued by stockholders.
People unless they are legally insane, no empathy, or just GOP voters we expect to help other people in trouble.
Corporations however to pursue profit, beer, tobacco, fast food come to mind must be expected to act against the interests of humanity and we have a patter of evidence that says they do indeed act this way.
Thats why they can’t ever be people.
Yeah, people get lost and confused in the idea that because the parts that make up the system individually may have some moral capacity, that somehow the machine they work together to create somehow has morals.
Corporations, and as we see here in the U.S. pro-corporate governments, by design have no morals. Thus the logical failure is ever expecting them to behave morally.
We’d have to create a new thing, with moral behavior as an explicit requirement and goal, before that will happen.
Expecting corporations or the US government (they’re the same thing) to behave morally is like expecting my Erector Set/Mindstorms project to somehow decide to start contributing to charity, or spending time down at the Humane Society tending to the kittens.
Not just personhood, but the whole idea of limited personal liability that a corporation represents.
A corporation exists to allow people to behave without accepting responsibility for their actions. We’ve run the country for 100+ years on this principle, actively filtering out anything that does not meet it, and suddenly we’re surprised that our corporations, our politicians, and even our people refuse to accept responsibility for anything?
We created an artificial life experiment where in the DNA of the thing we unleashed was the idea of avoiding responsibility. And now we get to live in the ecosystem that thing and we have created.
Though for how much longer how many of us will be able to live in it we’ll have to see.
Nadler got this one right.
Oil/dispersants must not be allowed to settle on ocean floors, reefs, corals.
Let’s see. BP was drilling for oil in the Gulf of Mexico. I’m not a petroleum engineer, but I’d guess that it’s more likely that they were hoping to hit South Louisiana Crude rather than Prudhoe Bay Crude.
So why did BP have the dispersant on hand that is not only the most toxic of the bunch but also one of the least effective for that particular kind of oil?
This is a rhetorical question, of course, because we know the answer.
If the question starts with “Why did . . .” then the answer is “Money.”
I’m turning in pups. I just don’t seem to have the heart to treat this subject so lightly anymore. I tried but I’m ill just thinking about it. Oyasumi Nasai.
Not that I’m holding out high expectations for success, but you do know about http://seizebp.org/ – right?
Was money the reason BP ran a damaged, deep-water drilling rig flat out for two months?
Was BP even in charge of this operation? If not, who was? And why?
The LA Times:
Oil companies have a rich history of U.S. subsidies
Some say the Gulf of Mexico catastrophe can be linked to Congress’ policy of oil-friendly tax breaks and financial benefits.
LINK.
BINGO :-)
BP makes the toxic soap – and is determined to use it.
Hard to see why we waive royalties to the US so as to keep BP’s cost down.
Heck they are not even a bank and the get Wall Street treatment.
Or is it the idea that all corporations are needed for campaign contributions?
Thanks for posting that comment.
Jim, great post. Thank you for dissecting this information.
Have you read any confirmed information on the possible failure of the BOP and the failure of the sea bed?
I make Sea Brat. The thing that has been tricky to explain is that all of our products were made for bioremediation. We mix a liquid blend of enzymes and oil eating microbes. These microbes are formulated just for these hydrocarbons. They are basically typical, natural microbes or psudomonas. They are aerobic meaning they use oxygen. These are basically fed only hydrocarbon chains until they develop the enzymes necessary to metabolize the hydrocarbon. But this has been tricky…
First the EPA has a system set up where after testing (expensive for small companies like us) a product can only be classified within 1 of the product catagories. There are 4 catagories. (Dispersant, Surface Cleaning Agent, Bioremediation, Miscellaneous which is typicaly booms, absorbants or silly trick products). However, EPA will only allow a product to be within 1 catagory at a time. So if I have a qualified bioremediation product it would be in that catagory. Which means I can not be in the “dispersant” catagory. Therefore I can not be used in this event.
This in my opinion is more about competition. Anyway, Sea Brat and my other major product Petro Clean are not in the biormediation catagory.
I needed a “dispersant” in order to provide for an oceanic oil spill. So they ignore or disallow me to advertise the microbial aspect. Same with Petro Clean. Petro Clean was designed to render flammable spills non flammable. Firemen are my main customers with PC. However, PC was designed specifically to bioremediate the contamination. You have a gasoline or diesel spill and PC prevents fire and explosion AND treats the washed off contamination. But EPA does not allow me to directly advertise this.
So if I added these in the EPA “bioremediation” catagory I would not be able to use them on anything but soil cleanup. ???
We wanted to offer a “solution to pollution” but needed to list my products within the catagories most useful. So Sea Brat dispersant is not only an environmentally friendly alternative BUT it has lots of real oil eating bugs within that will actually eat the slight toxic out of my own product. It basically mixes with the oil and self distructs into harmless natural biproducts like carbon dioxide, salts, fatty acids, etc.
I was never a petrochemical company trying to make a product for the environment. I am a environmental company trying to make a product for the petrochemical pollution. I admit that in a super mega volume anything is an issue. But my product will act more like fertilizer for a garden than anything.
The test shown on EPA do not account for the bugs. We added bugs to Sea Brat during recent BP testing and it was the best product! First Sea Brat with microbes (I had to avoid mentioning this) is a better dispersant than show. Because the natural enzymes from the microbes act like a safe surfactant. No toxic to that aspect. Second the microbes reduce the toxicity even furthuer because the bugs eat out the small amount of chemical within that is of concern and do so within 7 to 15 days.
Recently a toxicologist/ chemist tested my Petro Clean product for the Gulf Spill. He took a slop tank full of water, added minnows and then the crude oil. The fish were killing off… then he hit it with Petro Clean with microbes, enzymes and the kill stopped and the fish began to recover. Testing will be public soon! EPA is doing more test currently to verify these findings (this week) in order to counter BP’s assessment.
BP relaize my product rocked. Beyond anything Nalco could come up with without stealing my formula. So they tried to cover it up. Because BP MUST buy Corexit only. Not just is there some connections between BP and Nalco (Corexit) but also Exxon. This is the “wizard behind the screen.” Exxon invented Coexit in various forms. Exxon (so I understand ;) still supplies the main raw materials to make the toxic dispersant.
I understand from chemical insiders that Exxon froze all sales of a product line called Norpar. A petrochemical solvant. They even called back prepaid accounts and ramped up production of this. I also understand that either Nalco or Exxon reserved up to 30 trucks a day here in Houston alone. This indicates to me the volume of product they indented to sell.
Exxon acts like a sticking distributor for the dispersant Corexit. It should be no suprise they have deals worked with other oil companies. They will all describe themselves as “partners.” Take the North Slope. There are only a few companies there who really have all the control. If BP drills, Exxon piplines and transports, refines, etc. Upstream, downstream, etc. They think we (you and I) are funny for not seeing this. We scream that we suspect a conflict of interest! They know we do not instantly see that if BP stops using Corexit (Nalco) and it’s main ingredients (Exxon) that they can just charge more to BP for transport of some other product that could amount to more than the estimated oil spill clean up!
Of course that is within the context of the game they play. They make money off oil and clean up without really cleaning anything. But they didn’t expect me. I have been a monster they fed in the back yard for 20 years. BP has purchased between 30 to 80 thousand gallons of Petro Clean per year alone, at one refinery, for 15 years, here in Texas, from me, for bioremediation, tank cleaning, degassing, reducing flammable stuff, etc.
I have a few letters of recommendation and financials for this.
They (Nalco, Exxon, BP) are in a fight to the wall against my bioremediation technologies. Because if the world sees it work they not only loose sales on clean up. They have some explaining to do. They need to explain how they knew about this all along and did nothing over the decades. They need to actually clean things up.
They have been trying to steal the formulas for years. Nalco has approced us, Exxon had clean ups for us to do, etc. They typically say they need to test my products to make sure thay are safe… then ask for exact formula, CAS numbers (which identify chemicals) and the exact percentage by weight.
So they can steal formula.
This is going on now. While they were dumping Corexit my product was tied up in testing. The formulas were to be sent to… exxonmobile email addresses. The specifics were all about Nalco specification! Once they discovered my product rocked! They ordered 100,000 plus gallons then the shit hit the fan! Total regulatory freeze up for me. Nothing but testing and a shipping delay. They held up payments (which for a small family biz can be crushing) and stalled. They attempted to prevent us from telling the world we could produce anymore than 15000 gallons per day when in truth 100000 per day or more or possible for anyone under the appropriate business circumstances.
They were discovered by CNN and now mad at us. They had a confidentiality clause within the purchase order. But thier own COO anounce it to the press when drilled about toxic dispersants. Then CNN showed the month old hidden pile of Sea Brat! Now they want to hide it in a warehouse. They told us this. They said it would be put in storage, asked if we knew anyone who would buy it, then said they would pour it down the drain before they used it.
Now they are still using Corexit, the EPA is retesting my product, and BP is trying to close an oil volcano by shooting spitwads at it. All the while the press, government, public thinks throwing diapers at the spill and pouring trash into the oil gushers is an option.
Meanwhile every 5th grader out there know about bioremediation and wonders why the grownups can get it together.
John
PS you can contact me anytime at my website email.
http://trueslant.com/allisonkilkenny/2010/05/25/bp-using-toxic-dispersants-despite-availability-of-safer-alternatives/
Can you please write this up in diary at the Seminal website?
It’s much too important to be down here in a comment on this thread.
Thanks.
Agreed.
Start here.
You are welcome to cut and paste, call me for discussion, etc. It may take me all night just figure out how to post it there. But I will try.
Looks like the diary is up now:
http://seminal.firedoglake.com/diary/50810
In fact I give you permission (anyone) to repost my writting as well as my copywrite material from my website for sitribution as it may pertain to this spill for the next year as of this date! Without any other written agreement. However, you must respect my website logos etc, as some of these are trademark, EPA approved and require (I am required) to post certain disclaimers along with logos due to EPA NCP listing. EPA makes me disclaim on every mention of my EPA NCP (national contingency plan) spill product schedual, etc. In other words (as above) when I say my product is on the “approved list” I must post the EPA disclaimer about catagory. (See my problem?)
Damn! I just wanna clean up the gulf! After 20 plus years uphill battle this is not about money (accept for being crushed by giants. When I heard CNN describe an underwater probe the other day… they said “there are no fish anywhere”. I wept. I wept with anger. You see… the chemicals they are using… and many others that appear safe in toxicity test are really death. Some of these chemicals grab the oil, emulsify the oil, water (mix them) so tightly that the natural oils within a fish’s gills cannot even maintain the normal process of extracting oxygen from the water. It pickles them on the spot and sinks the, to the bottom where the pressure and cold of deep sea hide the murder.
They have been turning the Gulf of Mexico into a giant kerosene lamp with dead fish at the bottom. Then stealing my claims. They claim the Corexit will breakdown the oil into smaller particles and that natural microbes will eat it. Not true! If this was the truth Exxon/ Vadez would have been eaten up by microbes. (same product family used) They claim that Corexit is like soap. Again, not true. They are not comparing apples to apples but more like paint thinner to baby soap. I am the soap.
You have to acellerate the oil eating microbes in a lab. Then these only work for about 30 days (eating oil) before they go native. The you must reapply microbe. The contamination is measured in ppm or parts per million. This is described as tph ot total pertoleum hydrocarbons. This is haw we measure the percentage of a pollutant.
In contaminated soils, typically 50,000 ppp of tph is a lot depending on the petrochemical hydrocarbon makeup. But 1 gallon of my products with microbes and 30 gallon watre (we try to maintain 25% moisture)can clean a cubic meter of this soil by 90% reduction with a month under good circumstances. May cost $40 bucks approx. Instead they either dig it up and transport it for about $500 a meter or add caustics.
The typical superfund (based upon real experience) they may spend several million. I offer a few hundred grand treatment. They go for adding caustics. These are hazardous, base chemicals. The process typically is like mixing lye and lard. Soaponification. They effectivly make soap out of the oilly waste. Then the dilute this with much water and claim they reduced the ppm or tph. They are really making a toxic waste and diluting it so it spreads thin and out. Then the sample and claim it has been reduced. Not so. This is the problem with landfarming. A gallon of gasoline in 1 cubic yard of soil os bad. But they spread it out over 100 yard then say they cleaned it. So the industry standard for pollution is dillution! Stupid!
Please do not think me arrogant. Just I have been doing this for years and engineers, chemist, etc. all assume because they do not know how to do it it must not work. Or they arrogantly assume it is a simple as mixing soap with microbes. Soap kills microbes? We figured out how to deal with this issue 20 plus years ago. But our “market” has been nothing but snake oil salesmen, copycats, and politics.
We were at the White Sands Missle Base and proved we could clean up that mess for maybe 20% of the original estimate! We were dealing with what was probablly disolved “bug spray for people.” In other words some chemically diolved agent orange or something. Bug spray, people spray not real different chemically to the military. But we were told that Bechtel was going to get the contract period end! The involved Allied Signal, NASA, Air Firce, etc. But they make hundreds of millions a year in tax payer money for researchers and engineers to come up with programs like stiucking giant straws in the ground to vent the volatile compunds or evaporate the pollution. 10 to 100 time my cost.
Meanwhile that mess shows up in the Gulf of Mexico. Literally the waste products from new Mexico leach that far down and have a significant impact.
No suprise Houston has MD Anderson the cancer capital of the country. And the area is responsible for 40% of the US petrochemical refining.
This is not what I want… but honestly I’m suprised the evil club has not bought us out. Again I hate to say this because I have a mission way beyond money. But seriously? They are turning the gulf into a kerosene lamp and spending more on suppressing me than cleaning. I feel like a hobbit in Lord of the Rings.
Johnny — would you mind making this same comment as a comment on your diary? A lot more people will see it. Thanks.
I’ll click the link and give it a go! But thanks for helping. I am honestly overwhelmed 24 7 now trying to get a truth out. And I’m only maybe 2000 tech savey at best… look at my homeade website. LOL
But seriouly thanks. If I die tomorrow… I want this or my type system out.