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.

Pathos And The Mounting Pressure To Do Something

Facebook posting of dead dolphin in Ventura in the wake of the Refugio Oil Spill.

Facebook posting of dead dolphin in Ventura in the wake of the Refugio Oil Spill.

The media and public are apparently getting more and more worried about marine mammals and birds fouled or killed by oil spilled from the May 19 pipeline break.  At least part of this current worry can be traced to pictures that began showing up on Facebook late last week of heavily oiled dolphins (or at least one or two) near Ventura State Beach and the constant drip, drip of implied or direct accusations of ineptness, delay, or other failings of the response.  Now the Santa Barbara Independent is reporting that the recorded mammal deaths rose sharply by Monday June 1:

On Monday alone, responders organized by the California Department of Fish & Wildlife and the Oiled Wildlife Care Network recovered the bodies of 30 dead sea birds (mostly brown pelicans) and 13 marine mammals (mostly sea lions).  Five oiled birds and two mammals were found alive.

Since May 19, nine dead dolphins — some with mouths full of tar — have washed onto South Coast beaches.  A total of 45 mammals and 80 birds have been found dead in the last two weeks. Of the 57 live birds and 38 mammals rescued, eight birds and seven mammals died in care.  Body counts for fish, crustaceans, and other types of intertidal animals were not immediately available.

Total Birds 137
Birds recovered: live 57
Birds recovered: dead 80
Total Mammals 82
Mammals affected: live 38
Mammals dead 45

Conspicuous vertebrates impacted by the Refugio Oil Spill. Data from May 19-June 1, 2015. Source: Joint Incident Command.

 

Dolphin kill that washed up in Ventura in the wake of the May 19, 2015 Refugio Oil Spill.  Image source: Naples News.

Dolphin kill that washed up in Ventura in the wake of the May 19, 2015 Refugio Oil Spill. Image source: Naples News.

To be sure this spill has impacted and undoubtedly will be impacting many more conspicuous marine vertebrates in the days to come.  We should be counting these impacts, working to minimize further impacts, and (post clean-up) restoring these systems.  With every picture and data point, the pressure to do something can seem tremendous.  We all feel this.  But rushing to judgement as to what happened, while understandable, rarely produces the best possible policy response.

A pelican covered in oil sits on a beach about a mile west of Refugio State Beach, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off. (Kenneth Song/The News-Press via AP) MANDATORY CREDIT; SANTA MARIA TIMES OUT

A pelican covered in oil sits on a beach about a mile west of Refugio State Beach, Calif., Wednesday, May 20, 2015. Image: Kenneth Song/The News-Press via AP.

Clearly those in the media spotlight (e.g. Plains All American, the Joint Incident Command) seek to tamp down speculation and minimize the hit to their public image.  On the other side, advocates for reduced dependence on oil or who dislike their homes and businesses being spoiled by hydrocarbons see this as their opportunity to strike while the iron is hot.  The environmental community is particularly charged up by this event and see this immediate post-spill period as a key time to make progress against increased drilling and a carbon-intensive economy.  It is important to understand that this spill comes in the wake of the defeat of the anti-oil constituency’s anti-fracking ballot Measure P by what was widely viewed as “outside money” from the oil industry in last November’s Santa Barbara County elections.  This spill only added insult to injury in the minds of many environmental activists in Santa Barbara County and has sparked a renewed interest in getting something done.

While the inevitable political jockeying and positioning has begun, of particular note is movement by political leaders to respond to this spill.  As noted by Henry Dubroff in last week’s Pacific Coast Business Times:

Political fortunes will rise or fall based on what happens.  California Attorney General Kamela Harris is running to replace Barbara Boxer in the U.S. Senate and her investigation into the Refugio disaster could boost her cred with green voters.  Lt. Gov. Gavin Newsom, a most ambitious politician, casts one of the three votes on the state lands commission.  In the race to replace retiring U.S. Rep. Lois Capps, a Santa Barbara Democrat and staunch environmentalist, the impact of the Refugio spill will loom very large.

To this we can add a rush by our local representatives to do something in the legislative arena as quickly as possible.  The Ventura County Star reports as on late Tuesday afternoon:

“If we do nothing, and then something happens again, then shame on us,” said Sen. Hannah-Beth Jackson, D-Santa Barbara.

Jackson said she will submit legislation designed to beef up the state’s pipeline inspections and also to empower local fishermen to quickly respond to marine oil spills.

Assemblyman Das Williams, D-Carpinteria, will propose a bill to require all oil pipelines in offshore or near-shore areas be equipped with automatic shut-off valves, which the Plains All American Pipeline’s facility did not have.

“From what I know of the gap in time from when they knew something about the spill and when the cleanup began, I think it’s safe to say an automatic shut-off valve would have reduced the scale of the spill,” he said.

Because it is well past the deadline for introducing new bills in the Legislature this year, Jackson and Williams intend to strip the language from existing bills and amend them to include their oil spill-related proposals.

Jackson noted that it took six hours for boats from Los Angeles dispatched by the state Office of Oil Spill Prevention and Response to arrive in Santa Barbara. Had the crews of local fishing boats been trained and equipped, she said, they could have responded much more quickly to begin the cleanup.

The proposal is modeled after a program already in place in Alaska.

“Nobody knows the oceans, the currents or the winds better than fishermen. They’re anxious to help,” she said. “The earlier you can respond to a problem, the less likely it is to spread.”

Although the details have not been developed, Jackson said she envisions having state hazardous materials experts train willing fishermen to become volunteer responders.

I’m all for change and doing things better.  God knows we can improve on many, many fronts.  But I would hope we do this armed with facts and not an overly worried sense of urgency stemming from appeals to pathos.  There is much more to the story than those charismatic critters.  Amongst other things, I would hope for an improved monitoring network of ecological and social systems, cheaper and more portable/rapidly deployable response systems such as the ROV technology we are developing in my lab, etc.  Only time will tell how this all turns out.  But one things is for sure; the more oiled dolphins we see, the less of a reasoned approach we all will take.

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