Today, Rep. Jerrold Nadler (D-NY), a senior Member of the House Transportation and Infrastructure Committee, reintroduced a bill calling for a ban on the use of chemical dispersants in oil cleanup efforts.  The Ban Toxic Dispersants Act of 2015 would establish new procedures for the use of dispersants and ensure the safety of public health, water quality and the environment.  Dispersants’ toll on the Gulf of Mexico five years after the BP Deepwater Horizon oil spill remains high with mounting evidence documenting potential harmful effects on human health and wildlife.

The Ban Toxic Dispersants Act of 2015 requires the EPA to carry out a new rulemaking procedure to establish baseline levels of toxicity and effectiveness, taking into account a study of the acute and chronic risks posed by the use of dispersants.  In other words, the EPA must determine whether or not it’s safe to use these dispersants before granting any approvals.

In response to BP’s Deepwater Horizon oil spill, at least 1.8 million gallons of dispersants were used in the Gulf.  BP notoriously chose the petroleum-based dispersant, Corexit, one of the most toxic and least effective on Gulf crude oil, according to the Environmental Protection Agency’s (EPA) pre-approved list.  There are numerous reports of illness, and lawsuits have been filed by Gulf Coast residents, workers and companies claiming to have suffered adverse health effects or loss of business due to exposure from dispersants.

“The Gulf of Mexico was used as a testing ground for toxic chemicals, and the results have been alarming” said Nadler.  “Recent studies have shown that exposure to Corexit may have been worse than the oil itself.  We must follow the lead of Britain, and ban the use of dispersants that threaten  the health of people, fisheries, marine mammals and their habitats.” 

Alarmingly, the full impact on human health and the environment is not yet fully known.  Then-EPA Administrator Lisa Jackson stated repeatedly that the long-term effects of dispersants on aquatic life and the environment are unclear, and that the amount applied in the Gulf was unprecedented.  Further, there is no scientific evidence that dispersants can be effective in an oil spill of that magnitude, and no one can guarantee that they are safe.

The EPA recently announced an updated rulemaking procedure to improving testing and monitoring of dispersants, but the proposed rule does not include a comprehensive study on the potential risks and impacts of dispersant use, an independent verification of their toxicity and effectiveness, nor a moratorium on the use of dispersants until they are properly assessed.