Friday, September 7, 2012 Declaration of James H Kirby III Since April 20, 2010, my work as a coastal geologist has been focused on the effects of oil pollution on the coastline of the northern Gulf of Mexico. Specifically, my area of research extended from Cape San Blas in Florida to Waveland, Mississippi. My research and investigation work remains ongoing and has continued without interruption since that date. During this time frame, I collected sediment and water samples from areas known to be contaminated with crude oil. These areas included surface portions of the active beach, dunes, adjacent parking lots to beach access routes, near shore shallow waters using snorkel equipment, and near shore deeper waters using SCUBA equipment. In addition, I collected sediment samples from the bay area beaches near navigation channel entry points as well as harbor slips along the ICW. Infrastructure such as walkways, hotels, parking lots, restaurants, and public recreation facilities such as latrines, picnic pavilions and tables were also inspected for signs of contamination. Imagery of the suspected contamination was collected along with the physical sample. The primary investigation tool used for these inspections was a handheld ultraviolet light. This professional equipment would illuminate hydrocarbon material to create a fluorescent response sufficiently unique enough to warrant further examination and confirmation by physical characteristic and laboratory analysis of the nature of the hydrocarbon material. Fluorescent response imagery was recorded in situ and under laboratory conditions so that comparisons of the wavelength could be determined for accuracy. During the time frame of my investigation and research into the effects of oil contamination of shoreline sediment, there was a consistent fluorescent response to UV light illumination that corresponded to a positive laboratory analysis confirming the presence of tar product toxicants in the hydrocarbon samples recovered along the shoreline. Specifically, following Tropical Storm Debbie in late June, samples of tar product were collected at the following five locations: 1. 2. 3. 4. 5. 6. Stallworth Lake public beach access ramp, South Walton County, Florida Pensacola Beach, Florida Perdido Key, Gulf Islands National Seashore, Florida Orange Beach, Alabama Waveland, Mississippi (sample L1175416-5) Waveland, Mississippi Of these six samples, all tested positive for carcinogenic PAH compounds. All five locations had tar product that was fingerprinted and confirmed as sourced from MC252 crude oil by a certified chemical analysis laboratory. Sample number five was not a tar ball and did not fingerprint to MC252 crude oil. However, it did show a fluorescent response consistent with the treatment of Corexit brand dispersants on hydrocarbon material. Friday, September 7, 2012 Following Hurricane Issac, a post-storm investigation conducted on August 30th, 2012, of the sediment conditions on the beaches in Orange Beach, Alabama and Perdido Key, Florida showed a widespread, homogeneous mix of oil coated sand grains across the face of the active beach. The flat beach morphology indicated that post storm wave shaping of the beach had not begun to occur yet. On September 2nd, 2012, the beach morphology displayed classic signs of active beach scarp, shell hash deposits as part of wave run-up wrack lines, and beach cusps. Tar product in the form of tar patties, flakes, and lumps, were found extensively distributed within the shell hash deposits with visually identifiable tar product every 6-8 inches. In addition, fresh wind blown sand was being deposited along the back beach in leeward reaches of vegetation, poles, posts, beach chairs and trash cans. UV light investigation of these deposits revealed oil coated sand grains were being transported within this eolian sediment load. On September 4th, 2012 I investigated the beach at Stallworth Lake beach in South Walton County, Florida and found shell hash deposits within the extensive sargassum weed deposits on the beach. In the shell hash deposits, tar product was found. In all cases of post-Hurricane Issac investigations of tar product found on the beaches affected by Hurricane Issac’s wave action, I found tar product that matched the physical characteristics of the tar product collected post-Tropical Storm Debbie and that tar product was positively fingerprinted as being sourced from MC252 crude oil. Laboratory analysis of the tar product I collected post-Tropical Storm Debbie reports distinct and toxic levels of multiple PAH compounds exist. Further, the analysis shows the provenance of the tar product collected to be MC252. Tar product collected postHurricane Issac displayed identical physical characteristics, including fluorescent response to UV light, that comport with laboratory samples of tar product created from MC252 crude oil and Corexit brand dispersants. Given the similarity between samples of tar product collected after TS Debbie and Hurricane Issac, I would conclude that the tar product collected after Hurricane Issac has an extremely high probability of being identified as sourced from MC252 crude oil.