All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

KPIX: State Senator Says Bay Area Not Prepared For Crude Oil Trains

Repost from 5KPIX TV CBS SF Bay Area
[Editor: apologies for the video’s commercial ad.  You can pass on choosing an ad – the video will begin if you just wait.  – RS]

State Senator Says Bay Area Not Prepared For Crude Oil Trains

Phil Matier talks with state senator Jerry Hill who believes that Bay Area emergency crews are not properly prepared to handle the hundreds of tanker trains bringing shale crude oil from the Dakotas to local refineries. (11/23/14)

New York Times: Where Oil and Politics Mix (Part 2)

Repost from The New York Times
[Editor:  Part 2 in a series (See Part 1).  This is an INCREDIBLE expose of political corruption and a masterful portrayal of the transformation taking place in North Dakota, where residents and business people are losing confidence in the oil boom promises they once embraced.  Due to it’s GORGEOUS and informative interactive imagery, the Benicia Independent can only repost the beginning of this lengthy and immersive article.  Get started here, then click on MORE.  – RS]

Where Oil and Politics Mix

After an unusual land deal, a giant spill and a tanker-train explosion, anxiety began to ripple across the North Dakota prairie.
By DEBORAH SONTAG, NOV. 23, 2014

NYT_Where-oil-and-politics-mix(675)TIOGA, N.D. — In late June, as black and gold balloons bobbed above black and gold tables with oil-rig centerpieces, the theme song from “Dallas” warmed up the crowd for the “One Million Barrels, One Million Thanks” celebration.

The mood was giddy. Halliburton served barbecued crawfish from Louisiana. A commemorative firearms dealer hawked a “one-million barrel” shotgun emblazoned with the slogan “Oil Can!” Mrs. North Dakota, in banner and crown, posed for pictures. The Texas Flying Legends performed an airshow backlit by a leaping flare of burning gas. And Gov. Jack Dalrymple was the featured guest.

Traveling through the “economically struggling” nation, Mr. Dalrymple told the crowd, he encountered many people who asked, “Jack, what the heck are you doing out there in North Dakota?” to create the fastest-growing economy, lowest unemployment rate and (according to one survey) happiest population.

Gov. Jack Dalrymple with Janelle Steinberg, Mrs. North Dakota, at a celebration in Tioga in June for reaching a milestone: one million daily barrels of oil. | Paul Flessland
 

“And I enjoy explaining to them, ‘Yes, the oil boom is a big, big help,’ ” he said.

Outsiders, he explained, simply need to be educated out of their fear of fracking: “There is a way to explain it that really relaxes people, that makes them understand this is not a dangerous thing that we’re doing out here, that it’s really very well managed and very safe and really the key to the future of not only North Dakota but really our entire nation.”

Tioga, population 3,000, welcomed North Dakota’s first well in 1951, more than a half-century before hydraulic fracturing liberated the “tight oil” trapped in the Bakken shale formation. So it was fitting that Tioga ring in the daily production milestone that had ushered the Bakken into the rarefied company of historic oil fields worldwide.

But Tioga also claims another record: what is considered the largest on-land oil spill in recent American history. And only Brenda Jorgenson, 61, who attended “to hear what does not get said,” mentioned that one, sotto voce.

The million-barrel bash was devoid of protesters save for Ms. Jorgenson, a tall, slender grandmother who has two wells at her driveway’s end and three jars in her refrigerator containing blackened water that she said came from her faucet during the fracking process. She did not, however, utter a contrary word.

“I’m not that brave (or stupid) to protest among that,” she said in an email afterward. “I’ve said it before: we’re outgunned, outnumbered and out-suited.”

North Dakotans do not like to make a fuss. Until recently, those few who dared to challenge the brisk pace of oil development, the perceived laxity of government oversight or the despoliation of farmland were treated as killjoys. They were ignored, ridiculed, threatened, and paid settlements in exchange for silence.

But over the past year and some, the dynamic seemed to be shifting.

Satellite photos of western North Dakota at night, aglitter like a metropolis with lighted rigs and burning flares, crystallized its rapid transformation from tight-knit agricultural society to semi-industrialized oil powerhouse. Proposals to drill near historic places generated heated opposition. The giant oil spill in Tioga in September 2013 frightened people, as did the explosion months later of a derailed oil train, which sent black smoke mushrooming over a snowy plain.

The engine of an oil train that derailed and exploded in a collision near the governor’s hometown, Casselton, in December 2013. | Jim Wilson/The New York Times

Then, this year, North Dakotans learned of discovery after discovery of illegally dumped oil filter socks, the “used condoms” of the oil industry, which contain radiation dislodged from deep underground.

Suddenly a percolating anxiety came uncorked. “The worm is turning,” Timothy Q. Purdon, the United States attorney, said in April.

It was against this backdrop that on a brisk spring day David Schwalbe, a retired rancher, and his wife, Ellen Chaffee, a former university president, walked headlong into the wind on their way to an F.B.I. office in Fargo….  [Editor:  MORE – click here to continue – GREAT INTERACTIVE GRAPHICS, DON’T MISS THIS – RS]

New York Times: The Downside of the Boom (Part 1)

Repost from The New York Times
[Editor: This is an INCREDIBLE, intimate portrait of the lives and times of those living through the nightmare of the crude oil boom in North Dakota.  Due to it’s GORGEOUS and informative interactive imagery, the Benicia Independent can only repost a small portion of this lengthy and immersive article.  Get started here, then click on MORE.  – RS]

The Downside of the Boom

North Dakota took on the oversight of a multibillion-dollar oil industry with a regulatory system built on trust, warnings and second chances.
By DEBORAH SONTAG and ROBERT GEBELOFF NOV. 22, 2014

NYT The Downside of the BoomWILLISTON, N.D. — In early August 2013, Arlene Skurupey of Blacksburg, Va., got an animated call from the normally taciturn farmer who rents her family land in Billings County, N.D. There had been an accident at the Skurupey 1-9H oil well. “Oh, my gosh, the gold is blowing,” she said he told her. “Bakken gold.”

It was the 11th blowout since 2006 at a North Dakota well operated by Continental Resources, the most prolific producer in the booming Bakken oil patch. Spewing some 173,250 gallons of potential pollutants, the eruption, undisclosed at the time, was serious enough to bring the Oklahoma-based company’s chairman and chief executive, Harold G. Hamm, to the remote scene.

It was not the first or most catastrophic blowout visited by Mr. Hamm, a sharecropper’s son who became the wealthiest oilman in America and energy adviser to Mitt Romney during the 2012 presidential campaign. Two years earlier, a towering derrick in Golden Valley County had erupted into flames and toppled, leaving three workers badly burned. “I was a human torch,” said the driller, Andrew J. Rohr.

Blowouts represent the riskiest failure in the oil business. Yet, despite these serious injuries and some 115,000 gallons spilled in those first 10 blowouts, the North Dakota Industrial Commission, which regulates the drilling and production of oil and gas, did not penalize Continental until the 11th.

In 2011, Andrew J. Rohr and two other workers were badly burned when a towering derrick erupted into flames and toppled. “I was a human torch,” Mr. Rohr said. | Rich Addicks for The New York Times
 

The commission — the governor, attorney general and agriculture commissioner — imposed a $75,000 penalty. Earlier this year, though, the commission, as it often does, suspended 90 percent of the fine, settling for $7,500 after Continental blamed “an irresponsible supervisor” — just as it had blamed Mr. Rohr and his crew, contract workers, for the blowout that left them traumatized.

Since 2006, when advances in hydraulic fracturing — fracking — and horizontal drilling began unlocking a trove of sweet crude oil in the Bakken shale formation, North Dakota has shed its identity as an agricultural state in decline to become an oil powerhouse second only to Texas. A small state that believes in small government, it took on the oversight of a multibillion-dollar industry with a slender regulatory system built on neighborly trust, verbal warnings and second chances.

In recent years, as the boom really exploded, the number of reported spills, leaks, fires and blowouts has soared, with an increase in spillage that outpaces the increase in oil production, an investigation by The New York Times found. Yet, even as the state has hired more oil field inspectors and imposed new regulations, forgiveness remains embedded in the Industrial Commission’s approach to an industry that has given North Dakota the fastest-growing economy and lowest jobless rate in the country.

For those who champion fossil fuels as the key to America’s energy independence, North Dakota is an unrivaled success, a place where fracking has provoked little of the divisive environmental debate that takes place elsewhere. Its state leaders rarely mention the underside of the boom and do not release even summary statistics about environmental incidents and enforcement measures.

Over the past nine months, using previously undisclosed and unanalyzed records, bolstered by scores of interviews in North Dakota, The Times has pieced together a detailed accounting of the industry’s environmental record and the state’s approach to managing the “carbon rush.”

The Times found that the Industrial Commission wields its power to penalize the industry only as a last resort. It rarely pursues formal complaints and typically settles those for about 10 percent of the assessed penalties. Since 2006, the commission has collected an estimated $1.1 million in fines. This is a pittance compared with the $33 million (including some reimbursements for cleanups) collected by Texas’ equivalent authority over roughly the same period, when Texas produced four times the oil.

“We’re spoiling the child by sparing the rod,” said Daryl Peterson, a farmer who has filed a complaint seeking to compel the state to punish oil companies for spills that contaminated his land. “We should be using the sword, not the feather.”

North Dakota’s oil and gas regulatory setup is highly unusual in that it puts three top elected officials directly in charge of an industry that, through its executives and political action committees, can and does contribute to the officials’ campaigns. Mr. Hamm and other Continental officials, for instance, have contributed $39,900 to the commissioners since 2010. John B. Hess, chief executive of Hess Oil, the state’s second-biggest oil producer, contributed $25,000 to Gov. Jack Dalrymple in 2012.

State regulators say they deliberately choose a collaborative rather than punitive approach because they view the large independent companies that dominate the Bakken as responsible and as their necessary allies in policing the oil fields. They prefer to work alongside industry to develop new guidelines or regulations when problems like overflowing waste, radioactive waste, leaking pipelines, and flaring gas become too glaring to ignore.

Daryl Peterson taste-tests the residue left by a wastewater spill on land he farms. The highly saline spill rendered the land useless. | Jim Wilson/The New York Times

Mr. Dalrymple’s office said in a statement: “The North Dakota Industrial Commission has adopted some of the most stringent oil and gas production regulations in the country to enhance protections for our water, air and land. At the same time, the state has significantly increased staffing to enforce environmental protections. Our track record is one of increased regulation and oversight.”

Researchers who study government enforcement generally conclude that “the cooperative approach doesn’t seem to generate results” while “the evidence shows that increased monitoring and increased enforcement will reduce the incidence of oil spills,” said Mark A. Cohen, a Vanderbilt University professor who led a team advising the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

With spills steadily rising in North Dakota, evidence gathered by The Times suggests that the cooperative approach is not working that well for the state, where the Industrial Commission shares industry oversight with the state’s Health Department and federal agencies.

One environmental incident for every 11 wells in 2006, for instance, became one for every six last year, The Times found.

Through early October of this year, companies reported 3.8 million gallons spilled, nearly as much as in 2011 and 2012 combined.

Over all, more than 18.4 million gallons of oils and chemicals spilled, leaked or misted into the air, soil and waters of North Dakota from 2006 through early October 2014. (In addition, the oil industry reported spilling 5.2 million gallons of nontoxic substances, mostly fresh water, which can alter the environment and carry contaminants.)

The spill numbers derive from estimates, and sometimes serious underestimates, reported to the state by the industry. State officials, who rarely discuss them publicly, sometimes use them to present a rosier image. Over the summer, speaking to farmers in the town of Antler, Lynn D. Helms, the director of the Department of Mineral Resources, announced “a little bit of good news”: The spill rate per well was “steady or down.” In fact, the rate has risen sharply since the early days of the boom.

Presented with The Times’s data analysis, and asked if the state was doing an effective job at preventing spills, Mr. Helms struck a more sober note. “We’re doing O.K.,” he said. “We’re not doing great.”

He noted it is a federal agency, the Pipeline and Hazardous Materials Safety Administration, that regulates oil transmission pipelines. “You can’t use the spills P.H.M.S.A. was responsible for and conclude my approach to regulation is not working,” he said.

[Editor:  MORE – click here to continue – GREAT INTERACTIVE GRAPHICS, DON’T MISS THIS – RS]

Fenceline Communities Face an Ongoing Invisible Assault of Toxics Emanating from Refineries

Repost from NRDC Switchboard – Diane Bailey’s Blog
[Editor: In the flurry of warranted high emotion over potential catastrophic derailments and explosions, we risk neglecting the far more widespread and lasting disaster of public health and harm to the environment caused by the production, refining and burning of fossil fuels.  This by our friend Diane Bailey should be required reading for everyone, and especially for those of us living in “fenceline” communities.  – RS]

Fenceline Communities Face an Ongoing Invisible Assault of Toxics Emanating from Refineries

By Diane Bailey, ‎November ‎18, ‎2014
Diane Bailey
Diane Bailey, Senior Scientist, Natural Resources Defense Council

Drive past the other-worldly refinery landscape in Deer Park, Texas and you have to lunge for the recirc button to avoid the sickeningly-sweet chemical odors. That’s not an option for the more than 200,000 people living along the petrochemical complex of the Houston Ship Channel; they can’t press a recirc button to avoid exposure to those chemical fumes. Such is the problem for hundreds of thousands of Americans living in refinery fenceline communities that are often plagued by foul odors and safety risks.

Houston_Ship_Channel_Galena.jpg

Photo: U.S. Army Corps of Engineers

Of much greater concern though, are the invisible impacts of the toxic chemicals emanating from all the towers, pipes and tanks of refineries. Called “fugitive emissions,” these are chemicals that leak or escape not just during accidents, but also during every day operations. For many facilities, chemicals are leaking in greater quantities than from exhaust pipes where they are tracked and reported. Here is a summary of what these chemical pollutants are, health impacts that refinery fenceline communities face, and what can be done about it.

The Chemicals That Leak Across Fencelines

Oil refineries release several hundred hazardous air pollutants. Many of these chemical pose serious health hazards even at very low levels of exposure, and some can build up in the environment contaminating fish, soil and even household dust. These chemicals contribute to a wide range of serious health impacts including asthma and respiratory illnesses, developmental impacts like IQ loss, cancer, heart disease, reproductive system impacts including birth defects, damage to a range of organs including the kidneys and liver, and even premature death. Check out a list of fourteen notorious chemicals emanating from refineries below.

The thing about these chemicals leaking out of refineries – you never know if you’re exposed to them, when and how much. Back in 1999, a few visits to Port Arthur, Texas, home of three large refineries, made me wonder about this; each time I left with a sticky residue on the car, a splitting headache and blurred vision. People reported their kids having rashes all the time. This made a little more sense after rooting through a room at the local branch of the Texas environmental agency (TCEQ) filled with cardboard boxes of records for each of the plants documenting refinery upsets, unplanned releases and accidents, seemingly on a weekly basis.  The plants were spewing chemical fumes “by accident” all the time.

Whiting Indiana beach near refinery.jpg

Photo: Whihala Beach – Whiting, Indiana, by David Wilson under Creative Commons licensing.

Despite the stacks of paperwork though, it was still a mystery who was exposed to what and how much.  One thing was for sure though, a quick look through census data showed that the neighborhoods closest to the refineries and chemical plants were 99 percent non-white and the percent of non-whites in communities much farther away was dramatically lower. Where did the plant managers and other execs live?  This situation is sadly not unique to Port Arthur. It plays out in refinery towns across the U.S. creating hotspots of disproportionate pollution and “cancer alleys” in low income communities of color.

Health Impacts Documented in Refinery Fenceline Communities

Community health surveys have long indicated significantly increased illness and health impacts among residents living near refineries and petrochemical complexes. The surveys are validated by the dozens of rigorous peer reviewed studies that have documented community health impacts of pollution from petroleum refineries, finding increased rates of cancer, preterm births, asthma related hospitalizations, and increased mortality in communities around refineries.

  • Cancer: Many studies have found elevated rates of leukemia and lymphomas in residents living close to petrochemical plants.  One major recent study in the industrial heartland of Alberta, Canada, where many refinery/oil upgrading operations are located, found greatly elevated pollutant levels and notably higher rates of leukemia and non-Hodgkin lymphoma compared to neighboring counties.  Scores of other studies have found higher rates of cancer among residents who live closer to refineries (brain, lung, liver, bone, bladder, stomach, kidney and urinary, and other types of cancer).
  • Asthma: Several studies show increased asthma prevalence, emergency room visits for asthma, respiratory symptoms as well as significantly lower lung function among children and residents living close to refineries.
  • Birth Defects: In 2006, the Texas Department of State Health Services found that Corpus Christi, home of “Refinery Row,” had a birth defect rate that was 84 percent higher than the rest of Texas. A follow-up study found that mothers living near refineries and chemical plants had babies with high rates of life-threatening birth defects.
  • Premature Deaths: A recent major study of air pollution related mortalities in the U.S. found that out of over 5,000 cities evaluated, Donaldsonville, Louisiana has the highest mortality rate from air pollution. Nine refineries in the area contribute to the roughly 81 deaths from cardiovascular disease and lung cancer per 100,000 people.

Wilmington Refinery.jpg

Photo: Wilmington Refinery, Universal Images Group via Getty Images

What Can We Do About it?

This spring, U.S. Environmental Protection Agency is slated to finalize a new refinery rule that could be a major step in reducing pollution and monitoring for leaks. Please support this rule by telling Congress to protect our environmental policies instead of interfering with them.

However, despite the critical need for this rule, the phase in will take many years even if it does get finalized according to a court-ordered schedule. In the meantime we are calling on local authorities to act swiftly to reign in refinery pollution beginning with a 20 by 2020 pledge in the Bay Area. The good news is that the Bay Area Air District voted on October 15th to adopt a policy to prevent increases in refinery emissions that an influx of dirtier, extreme crude oil could cause; and to plan for a 20 percent emission reduction from all refineries by 2020.

The Bay Area refinery clean up policy goes back to the air district board for further consideration on December 17th, in time to provide a happier holiday for fenceline communities… that is, if the Grinch-like oil industry, claiming that it can’t afford to clean up, doesn’t stop it. The air district needs to hear your support to keep the refinery clean up policy on track.  The massive flaring events last week at the Tesoro refinery turned the sky in Martinez orange, reminding everyone for miles how badly we need refinery clean-up policies.

tesoro flares.jpg

Photo: Martinez Environmental Group

Refinery fenceline communities continue to suffer the ill effects of pollution every day despite ample technology to clean up the mess and a wealthy industry that can surely afford the upgrades.  And we are all fenceline communities when it comes to climate change. Given the stark warning issued earlier this month from the world’s leading scientists in the IPCC report on climate change, noting that we will face “severe, pervasive and irreversible impacts” if we do not act now, it is high time to reign in the super-polluting refining industry.

14 Notorious Refinery Pollutants

  1. Benzene is a known carcinogen (cancer causing agent), associated with childhood leukemia in particular. High exposures can impact the central nervous system leading to drowsiness, dizziness, irregular heartbeat, nausea, headaches, and depression; reproductive impacts, such as smaller ovaries; and potentially developmental effects such as low birth weight, delayed bone formation, and bone marrow damage.
  2. Toluene is especially harmful to people with asthma. It poses reproductive hazards and can cause headaches, impaired reasoning, memory loss, nausea, impaired speech, hearing, and vision, and over the long term, damage to the liver and kidneys.
  3. Ethylbenzene is a carcinogen. Chronic, low-level exposure can result in kidney damage and hearing loss.
  4. Xylenes can cause difficulty breathing, damage to the lungs, impaired memory, and possible damage to the liver and kidneys. Long term exposure is associated with multiple impacts to the nervous system, blood cell abnormalities, abnormal heartbeat, liver damage, genetic mutations, reproductive system effects, and death due to respiratory failure.
  5. Polycyclic aromatic hydrocarbons (PAHs) are a group of over 100 different tar-like chemicals, some of which are mutagens, carcinogens, and developmental toxicants.  PAHs can cross the placenta and harm an unborn fetus, contributing to fetal mortality, increased cancer risk and birth defects. PAHs are also associated with asthma-related symptoms and developmental and cognitive impairment, including lower IQ.
  6. Hydrogen Cyanide exposure at high levels swiftly harms the brain and heart, beginning with rapid breathing, followed by convulsions, and loss of consciousness, and can even cause coma and death. More commonly, low level exposure is associated with breathing difficulties, chest pain, vomiting, blood changes, headaches, and enlargement of the thyroid gland.
  7. 1,3-butadiene causes inflammation of nasal tissues, changes to lung, heart, and reproductive tissues, neurological effects and blood changes; it is a carcinogen associated with cancers of the blood and lymphatic system, and it may also cause birth defects.
  8. Formaldehyde is a carcinogen that can cause asthma or asthma-like symptoms, neurological effects, increased risk of allergies, eczema and changes in lung function.
  9. Arsenic is a carcinogen that poses reproductive and other hazards. In children, in particular, arsenic can cause skin lesions, neurodevelopmental effects like lower IQ, lung disease, and reproductive effects including lower birth weight, spontaneous abortion, and neonatal death.
  10. Chromium (VI) or hexavalent chromium is a carcinogen, primarily affecting the lungs, but also the stomach and intestinal tract. Additional effects include: increased risk of respiratory illness such as pneumonia and bronchitis, gastrointestinal effects including lesions of the stomach and small intestine, hematological effects like anemia, and reproductive effects to males, including lower sperm count and histopathological changes, and complications during pregnancy and childbirth.
  11. Lead is a well-known toxic heavy metal that is particularly hazardous to children, severely impacting development and cognitive functioning, resulting in lower IQ scores, attention deficit problems and other behavioral impacts. Lead exposure is also associated with other neurological, hematological, and immune effects; cancer; cardiovascular and renal effects in adults; and reproductive effects, such as lower sperm counts and spontaneous abortions. There is no safe level of exposure to lead.
  12. Mercuryis a highly neurotoxic contaminant that can bio-accumulate in food such as fish. Health effects of mercury include neurological, developmental, and behavioral problems, such as lower IQ, attention deficit hyperactivity disorder (ADHD), and impaired memory and motor skills. Exposure is also associated with cardiovascular effects including increased risks of heart attacks, increased blood pressure, and thickening of arteries.
  13. Nickel is associated with chronic dermatitis, respiratory impacts and potentially also reproductive impacts. Various nickel compounds are carcinogenic and can also have cardiovascular effects in particulate form.
  14. Hydrogen fluoride or Hydrofluoric acid (HF) is a fatal poison that is highly corrosive and can burn skin or lungs on contact, though symptoms of exposure can be delayed for days. Chronic exposure can lead to lung disease and damaged vision. Other health impacts include nausea, vomiting, gastric pain, low blood pressure, irregular heartbeat, seizures, fluid build-up in the lungs, lung collapse and ultimately death, particularly in situations of accidental release.