Tag Archives: State regulation

Bakken Crude, Blowouts, Fracking, North Dakota's Williston Basin, Oil Industry, State regulation

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]

Crude By Rail, Funding for emergency response, Massive increase in crude-by-rail, Schools, State regulation, Train speed, Washington State

Washington Governor Inslee says state will act on oil trains

Repost from The Olympian, Olympia Washington

Inslee says state will act on oil trains

By Andy Hobbs, November 21, 2014
Representatives from Washington and Oregon gather at Olympia City Hall for the Safe Energy Leadership Alliance summit on Friday, Nov. 21, 2014. TONY OVERMAN

The number of oil trains running across Washington is unacceptable, and the Legislature will consider bills in the upcoming session that mandate advance notification of oil shipments by rail as well as more funding for railroad crossings and emergency response training, Gov. Jay Inslee said Friday.

King County Executive Dow Constantine added that oil companies are raking in profits while “the rest of us are picking up the costs.”

“Those who are profiting should shoulder the financial burden,” Constantine said.

They were speaking to the Safe Energy Leadership Alliance that met Friday at Olympia City Hall to address the surge of oil and coal trains passing through Washington.

The alliance is a coalition of local, state and tribal leaders from the Northwest who say the trains threaten the environment, economy and public safety.

As shipments of oil increase in the Puget Sound region, so does the likelihood for spills and accidents. The Department of Ecology reports that 19 fully loaded oil trains crisscross the state every week, with the number expected to reach 59 oil trains if current refinery proposals are approved. Each train hauls about 3 million gallons of crude oil in 100 tanker cars. Between 11 and 16 trains pass through rural and suburban areas of Thurston and Pierce counties every week, according to reports from BNSF Railway.

Participants in Friday’s meeting included elected officials from across the state along with Oregon and Canada.

“It is clear that we have to take significant action including being better prepared to handle an oil train explosion or large scale spill,” Inslee said.

Although the federal government is the main regulator of the railroads, Inslee said there are some actions the state can take now, such as lowering speed limits of the trains.

“We don’t want vehicles speeding through school zones, and we shouldn’t let oil trains speed through Washington cities,” said Inslee, noting that changes in state permits are at least a year away.

Friday’s meeting included a detailed report on the coal industry by Tom Sanzillo, finance director of the Institute for Energy Economic and Financial Analysis. Sanzillo encouraged states and cities to keep putting pressure on the coal industry, which has seen demand and prices decline worldwide in the past few years.

“The U.S. coal industry is shrinking,” said Sanzillo, adding that the industry needs “robust growth” to meet its potential and compete in the global market despite record demand for coal by nations like China. “Hooking your wagon to the coal industry is not a particularly promising outlook right now.”

At the local level, Olympia Mayor Stephen Buxbaum said the City Council will seek a resolution next week to add Olympia to the list of cities that oppose the increase in crude oil transport.

“We are at a crossroads,” Buxbaum said Friday. “We could see up to 60 trains a day and 4,000 supertankers in our waters.”

As for the coal issue, Buxbaum recently co-authored a guest column titled “You might be surprised by Puget Sound Energy’s coal power supply” that ran Nov. 19 in The Seattle Times. Also signing the article were Bainbridge Island Mayor Anne Blair and Mercer Island Mayor Bruce Bassett, and all three mayors’ respective city councils endorsed it.

The article urges Puget Sound Energy to take immediate action and plan for a “post-coal future.” About one-third of PSE’s power supply comes from coal that’s shipped from out of state, according to the article. The mayors also cite Gov. Inslee’s recent executive order to reduce pollution and transition away from coal power.

“The bottom line is that we don’t need coal,” the article states. “The potential is there for Washington to meet its energy needs with efficiency programs, wind, solar and other technologies. We just need to rise to the occasion.”

 

Bakken Crude, Massive increase in crude-by-rail, Oil stabilization, State regulation, Volatile gases

North Dakota to Require Producers to Treat Crude Before Shipping

Repost from The Wall Street Journal

North Dakota to Require Producers to Treat Crude Before Shipping

Move Comes Amid Growing Safety Concerns About Oil-Laden Trains

By Chester Dawson, The Wall Street Journal, Nov. 13, 2014

Reuters
Reuters

North Dakota plans unprecedented steps to ensure crude pumped from the state’s Bakken Shale oil producing region is safe enough to be loaded into railroad tank cars and sent across the country.

In the first major move by regulators to address the role of gaseous, volatile crude in railroad accidents, the North Dakota Industrial Commission, which regulates energy production in the state, said it would require Bakken Shale well operators to strip gases from crudes that show high vapor pressures.

“We believe the vast majority of our Bakken oil will fall well below the standard,” Lynn Helms, director of the state’s Department of Mineral Resources, said at a news conference.

The proposed state rule will require all operators to run crude oil through equipment that heats up the crude and forces out gases from the liquid. An estimated 15% of current producers without such equipment will have to submit quarterly test results showing their wells don’t exceed the state’s proposed 13.7 pounds a square inch vapor pressure limit, Mr. Helms said.

Those changes could make the new rules more costly for the state’s smaller producers. Jack Ekstrom, vice president of government affairs for Whiting Petroleum Corp. said the rules don’t appear to be “a major material cost” he said. “This is perhaps more of a concern to a marginal or smaller operator.”

A representative for the North Dakota Petroleum Council, an industry lobbying group, criticized the proposed rules for “micromanaging the industry,” and said they could lead to unintended consequences such as increased burning of excess natural gas at well sites.

The proposal also would prohibit blending condensate or natural gas liquids back into crude and require rail loading terminals to inform state regulators of any oil received for shipment exceeding the vapor pressure limits, Mr. Helms said.

He said the new rules would cost industry, but not enough to make drilling Bakken oil uncompetitive.

Scott Skokos, an organizer with landowners’ group Dakota Resource Council, called the move by the regulator “a step in the right direction.”

The state’s decision follows months of officials’ playing down the possibility that Bakken crude was more volatile and could explode more readily than other North American crudes.

Several oil trains have derailed and exploded since 2013, spurring concern about the safety of growing numbers of oil-carrying trains delivering oil produced by the shale boom.

‘…a step in the right direction.’

—Scott Skokos, Dakota Resource Council

The Wall Street Journal reported in February that Bakken crude contained several times the amount of combustible gases as oil from elsewhere. Relying on an analysis of data collected at a pipeline in Louisiana, the Journal pointed out that oil from the Bakken Shale had a far higher vapor pressure, making it much more likely to emit combustible gases, than dozens of other crude oils.

The proposed rules specify how wells should treat the oil to ensure it is “in a stable state,” according to Mr. Helms.

Executives from the top oil companies working in the Bakken Shale told state regulators in a September hearing that their crude is safe to transport by train using existing treatment methods, opposing potentially costly requirements that they make the oil less volatile before shipping it.

But studies by the U.S. and Canada have indicated that Bakken crude is more volatile than other grades of oil. Industry-funded studies, including one commissioned by the NDPC, have said Bakken oil is no different than other types of light oil.

The state expects to issue final rules by December 11th.

Production of light shale oil through hydraulic fracturing has soared, accounting for most of the additional three million barrels a day of oil that the U.S. produces today compared with 2009. Much of that is shipped to refineries by railcars, especially crude produced from Bakken Shale due to the area’s few pipelines.

Bakken Crude, Crude By Rail, Oil stabilization, State regulation, Volatility

Small North Dakota town editorial calls for strong oil safety standards

Repost from The Jamestown Sun, Jamestown, ND
[Editor: Significant quote: “An oil conditioning standard must be framed in the broad context of public safety, not what might or might not inconvenience the industry. The ‘winners’ must be homeowners, businesspeople and others who live near oil train rail lines.”  – RS

Flexibility in oil rule has limits

By Forum Editorial Board on Nov 5, 2014 

“Flexibility” has emerged as the operative word in a proposed crude oil conditioning standard being developed by the North Dakota Department of Mineral Resources. Director Lynn Helms said he is summarizing some 1,200 pages of comment and testimony about how best to prepare volatile Bakken crude for transport. All well and good, but just how flexible “flexibility” will be should be a primary concern.

The drive to “condition” Bakken crude that is transported in rail tank cars accelerated following several derailments and explosions of oil trains, including a spectacular collision/derailment and explosion near Casselton, N.D., last December. Three reports about characteristics of Bakken crude are in the public record and will play a part in Helms’ work.

The aim is to remove certain volatile components of North Dakota’s light crude oil, thus making it less likely to flash to flame and explode in a train accident. Helms said his department will propose a standard to the Industrial Commission next month. The means by which the industry meets the standard likely will include various operating practices. The commission imposes the rule. Good, as far as it goes.

Helms added that his department’s flexibility approach is the best way to go because, “We certainly don’t want at this point … to pick a winner or loser in that discussion.” Really?

Once again, Helms and company are so focused on the industry’s priorities that his view of “winner or loser” is constricted. An oil conditioning standard must be framed in the broad context of public safety, not what might or might not inconvenience the industry. The “winners” must be homeowners, businesspeople and others who live near oil train rail lines. The means to achieve a meaningful oil safety standard could be flexible, but only if procedures can achieve the standard.

Transporting oil by rail can never be 100 percent safe. By its nature, oil on the rails entails risk. But if rail oil traffic is to be as safe as possible, anything that compromises that goal is unacceptable. North Dakota’s standard must be written with that in mind.