Rare Bipartisanship on Oil Regulation

Wow!  I guess dreams really do come true.  At least when it comes to critiquing federal agencies in the wake of an oil spill.  And when the agency that has been understaff and under-resourced bears some of the blame for an oil spill, you bet that we can all get on board the you are to blame train.  As in it was you and not it was us (aka the folks who give you mandates without the funding to carry them through).

PHMSA Web Page 07-14-15

You can read about the all-too-rare-these-days bipartisan critique of the Pipeline and Hazardous Materials Safety Administration here.

The Ventura County Star‘s Kevin Freking and Michael Blood have a good piece on this unified front this afternoon:

An agency that oversees the safety of the nation’s pipelines has failed to follow through on congressional reforms that could have made a difference in a May break that created the largest coastal oil spill in California in 25 years, a House committee chairman said Tuesday.

In a rare display of agreement on Capitol Hill, Republicans and Democrats on the Energy and Power Subcommittee expressed frustration with inaction by the Pipeline and Hazardous Materials Safety Administration, which has yet to complete more than a dozen requirements outlined in a 2011 federal law.

Among the unfinished work was revising regulations to establish specific time periods for notification of authorities after an accident.

The owner of the California line, Plains All American Pipeline, has been criticized for taking about 90 minutes to alert federal responders after confirming the spill near Santa Barbara.

“Some of these provisions I am convinced would have made a difference in the recent oil spill in Santa Barbara had they been implemented in a timely manner,” said Rep. Fred Upton, a Michigan Republican who chairs the House Committee on Energy and Commerce.

Other incomplete requirements include issuing regulations on shut-off valves for new lines that can quickly stop the flow of gas or oil in an accident and regulations that would require leak detection systems on hazardous liquid pipelines and establish leak-detection standards, according to the committee.

The agency has completed 26 of 42 reforms from the 2011 law, but the California spill has given new urgency to questions about the agency’s effectiveness and its progress on the remaining 16 requirements…

…Records filed by Santa Barbara County indicate that firefighters who arrived at the scene just before noon on May 19 quickly recognized that some sort of leak or spill had occurred. Crude was gushing from a bluff like a fire hose “without a nozzle,” the records said.However, company employees at the scene did not confirm a leak until about 1:30 p.m., and it would be nearly 3 p.m. before the company would contact the response center. By then, the federal response led by the Coast Guard was underway.

At the hearing, Democratic Rep. Frank Pallone of New Jersey told the agency’s interim executive director, Stacy Cummings, that he was “deeply concerned about PMHSA’s ability to carry out its mission.”

Cummings said the agency was making progress on the remaining regulations, but she did not give lawmakers a detailed timeline for completion.

“We share your concern and sense of urgency,” she told lawmakers.

Cummings said the pipeline near Santa Barbara will remain shut until the cause of the break is determined and any other risks are fixed, and that any lessons from the spill will be incorporated into policies to prevent future accidents.

New federal funding should allow the agency to boost staffing for safety inspections and accident investigations, she said.

“We are committed to quadrupling our efforts so that Americans can be confident that PHMSA is protecting people and the environment,” Cummings said.

If you are curious as to the PHMSA’s arguments to congress, those are not yet posted on their website (only testimony up through 2014 is posted…I guess we call that budget cuts again?) so good luck on that front.  Same goes for the Congressional Subcommittee doing all this critiquing: no recent records on the testimony or situation in Santa Barbara County.  But I suspect those comments will be up shortly here.

Infrastructure Update: Things Opening Up

El Capitan State Beach is currently slated to re-open to the the general public this Friday, June 26.  El Capitan was heavily oiled beginning late in the day on May 20, 2015 (day 2 of the spill), but was nevertheless exposed to less intense oiling than Refugio State Beach.  Refugio will remain closed for at least an additional two weeks while work crews continue to clean rocky intertidal of deposited tar by hand.

From the Joint Incident Command:

El Capitan State Beach has been cleared by the California Department of Parks and Recreation to re-open, Friday, June 26, 2015.

The California Department of Parks and Recreation and members of the Unified Command completed a site assessment of El Capitan State Beach and deemed it safe for the public, Thursday, June 18, 2015. While the beach will be open June 26 for camping and day use, State Parks personnel requests that campers do not check in until 12:00 p.m.

Reservations at Refugio State Beach have been cancelled until July 9. Additional reservations may be cancelled depending on the progress of the clean-up operation.  State Parks staff will continue to monitor the cleanup and re-evaluate the closures.  Any affected reservation holders will be notified by e-mail and voicemail of future cancellations. Campers with reservations that experienced additional impacts from the Refugio crude oil release should call the toll-free claims line at 1-866-753-3619.

Please monitor the State Parks webpage for status updates at http://goo.gl/ZwWU6d.

The JIC remains very interested in telling you that everything is okay.  They have unfortunately demonstrated a pattern of releasing essentially no information with any detail or with any timeliness.  For example, while they are anxious for you to know El Capitan is opening back up, the most recent beach oiling map they will provide is nearly a week old.

Refugio Beach Oiling Map as of 06-16-15.  Source: Joint Incident Command

Refugio Beach Oiling Map as of 06-16-15.  Note: the Refugio-El Capitan region is the section with the most oil remaining (red and orange color herein). Source: Joint Incident Command

To be clear, our observations suggest there is little significant threat to beach goers in this region.  But the lack of free flowing information and the massively superficial nature of most of the information released to date has been disappointing.

While the public access is slated to improve over the coming weeks, the prospect for routine oil pumping is limited.  The oil movement infrastructure remains compromised.  Plains All American has yet to comment on the date for the restoration of flow in this trunkline of their pipeline.  Some folks are quoting a year to get it up and running, but don’t believe those silly timelines.  Exxon’s request to move oil via increased tanker trucks has been stymied for the time being and the tank farm on the Refugio coast is now at full capacity.  The three offshore platforms that feed into this facility have now been shut in and are not producing and petroleum.

KEYT 3 News Reports that four platforms are now shuttered in the wake of the Refugio Spill.

KEYT 3 News Reports that four platforms are now shuttered in the wake of the Refugio Spill.

Oil Spill Devastates CA Coast: HuffPost Live

Sean on Huffpost Live 05-22-15I was on Huffington Post Live this afternoon.  I wasn’t able to finish my thought (Real Housewives were apparently on deck), but if I had, I would have noted that our clean-up technology hasn’t kept pace with our drilling/extraction technology.  And that you can have all the regulations you like, but it is the government that needs to be there in person for the inspections and enforcement side of the equation.  When you chronically underfund agencies, there simply isn’t the person power for inspections.

Yeah, should have said that more succinctly.

This segment covers pipeline regulations, tourism perspectives, and has brief update from US Coast Guard (the indecent command lead)…in addition to my ramblings about use of the coast and ecological impacts.

HuffPost Live is a live-streaming network that attempts to create the most social video experience possible. Viewers are invited to join discussions live as on-air guests. Topics range from politics to pop culture.

Source: Oil Spill Devastates California Coast