fracking

Federal Pipeline and Oil-by-Rail Regulator Staff Cut, Confounds Experts - Job cuts come at a time when PHMSA is struggling to regulate the nation’s aging pipeline network and new pipelines tied to the oil and gas boom.

By Elizabeth Douglass - Inside Climate News, April 24, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

If employees accept all of the available buyouts, PHMSA will shrink to a full-time staff of 386, putting it 112 jobs short of its approved payroll for the current fiscal year.

The federal regulator for petroleum pipelines and oil-toting railcars is offering employee buyouts that could shrink the agency’s staff by 9 percent by mid-June—a step that has confounded observers because the agency is widely regarded as being chronically understaffed.

Pipeline and Hazardous Materials Safety Administration (PHMSA) spokesman Damon Hill said the buyout offers are meant to “help the agency manage attrition in areas where a large and growing number of employees are eligible for retirement by offering an inducement for a limited number of employees to voluntarily retire or resign.”

Hill said PHMSA is continuing to hire in key areas at the same time. “I understand how some folks may be looking at [the buyout effort], but it’s part of an overall plan to retain expertise and plan for retention and things like that,” he said. “There is some good that comes out of this.”

Still, the job cuts come at a time when PHMSA is already under considerable duress. Politicians and the public have been pushing the agency to more rigorously regulate the nation’s aging pipeline network as well as the many new pipelines tied to surging domestic oil and natural gas production. A spate of damaging pipeline spills and oil-by-rail accidents is adding to the workload, exposing PHMSA’s shortcomings and intensifying scrutiny of the agency.

By Cole Stangler - In These Times, April 29, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Emails obtained by In These Times show a cozy relationship between North Dakota’s oil industry and a chief federal inspector charged with monitoring the safety of shipping crude oil by rail. The emails cast serious doubts on the integrity of the federal government’s supposed crackdown on the industry’s shoddy shipping practices—a subject of growing concern in the midst of a largely unregulated, and in some cases, deadly, transport boom.

Last August, the Pipeline and Hazardous Materials Safety Agency (PHMSA) and Federal Railroad Administration announced they were rolling out the “Bakken Blitz”—a crackdown on shippers and carriers that mislabel their cargo. Federal hazmat regulations require trains carrying oil to properly classify and identify their shipments with placards. These practices are supposed to ensure that oil is safely packaged before being shipped. They’re also aimed at informing railroad personnel and, in the event of a mishap, any emergency responders. Regulators introduced the Blitz just one month after the Lac Mégantic disaster, when a runaway freight train carrying oil exploded in the small Quebec town, killing 47 people. In that case, Canadian safety investigators found American shippers in North Dakota’s Bakken region had understated the volatility of the oil that ignited and destroyed much of Lac Mégantic’s downtown area. Improper classification caused the shipment to be transported in an improper package. Emergency responders, too, were caught by surprise at how quickly the fire spread and how long it burned.

As part of the Department of Transportation’s new enforcement effort, PHMSA officials show up unannounced at rail facilities to conduct classification inspections—at least that’s what an agency spokesperson told In These Times at first. An email obtained through a Freedom of Information Act request strongly suggests that Kipton Wills, Central Region Director of PHMSA's Office of Hazardous Materials Enforcement, pre-arranged at least one of his agency’s visits to a Hess Corp. rail yard in Tioga, North Dakota, last October.

“We will accommodate your request to inspect trucks at the Tioga Rail Terminal,” Jody Schroeder, the rail terminal supervisor, wrote in an email to Wills dated October 3, 2013—five days before the inspection took place. “At your convenience please let me know your schedule for this event.”

Schroeder later confirmed that Wills reached out to him about the visit.

Earlier this month, PHMSA spokesperson Gordon Delcambre told In These Times that such inspections are impromptu. “They’re unannounced,” he said. “[Inspectors] figure out who they’re going to visit ahead of time, make plans, go to the area and then start knocking on doors.”

Indeed, this is normal procedure. The agency’s handbook notes “the policy of the PHMSA hazardous materials enforcement program is to conduct unannounced inspections.” Exceptions can include cases of “apparent imminent danger to enable the company to correct the danger,” instances where special preparations, records and equipment are necessary, and cases where “giving advance notice would enhance the probability of an effective and thorough inspection.”

Read the entire article here.

By Justin Mikulka - DeSmog Blog, April 30, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

On August 20, 1969, two Penn Central commuter trains collided head-on near Darien, Conn. Four people were killed and 43 were injured. The crash led the National Transportation Safety Board (NTSB) to recommend that railroads implement new safety technology called positive train control — a system for monitoring and controlling train movements to increase safety.

The NTSB first recommended positive train control in 1970. In 2008, after another fatal train collision that killed 25 people, Congress finally passed the Rail Safety Improvement Act, which mandated positive train control be implemented by the railroad industry by the end of 2015.

Fast-forward another six years to multiple congressional hearings in recent months, during which the railroads have informed Congress that positive train control simply won’t be implemented by the end of 2015. It’s been 44 years since the NTSB first recommended positive train control to improve rail safety in the U.S. and it is still not being used.

Looking at the way the positive train control scenario has played out for the past 44 years offers valuable lessons on how the U.S. is now dealing with safety regulations for shipping oil by rail.

Last week, the NTSB held a two-day forum on rail safety regarding the transportation of crude oil and ethanol. One of the main topics was how to improve rail tank car safety and what to do with the DOT-111 tank cars currently being used to ship crude oil and ethanol.

Much like positive train control, the NTSB has been recommending for decades that the DOT-111 tank cars not be used for ethanol and crude oil transportation due to the high risks they pose in derailments.

So why hasn’t anything been done? Mostly because of opposition by oil and gas industry groups, such as the American Petroleum Institute (API).

By x344543 - March 22, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

For years, the communities of Western and Northwestern Contra Coast County and southwestern Solano County, located on the San Pablo and Suisun Bays, northwest of the San Francisco Bay have been dominated by the fossil fuel industry (and to some extent--until 1993--by the US Military Industrial Complex), and the capitalists running that industry have run each of these communities essentially like company towns.

Under these conditions, all official institutions, including elected city, county, and regional governments, most other businesses, and even the unions that supposedly "represent" the workers in these facilities are beholden to the dominant capitalist interests. Dissident residents or workers--if there are any--often find themselves isolated and alone if they can even find the courage to speak out at all. Complaints about working conditions, corrupt union officials, bought politicians, environmental racism, toxic pollution, and capital blight often fall on deaf ears and are usually dismissed as the product of "outside agitators", even "unwashed-out-of-town-jobless-hippies-on-drugs" or some such thing.

In this northwestern Bay Area region, there are four corporate refineries that dominate the towns of Avon and Pacheco (Tesoro), Benicia (Valero), Martinez (Shell), Richmond (Chevron), and Rodeo and Crockett (Conoco-Phillips), and--as one would expect--dissenters have indeed had a difficult, almost impossible time being heard.

Chevron in particular has run Richmond as a virtual company town as long as it has existed (indeed, the refinery predates the town's founding).  For years, the people of the nearby residential neighborhoods have complained of toxic pollution and political double standards that favor the corporation--allegations that are supported by mountains if evidence. Until recently, the local politicians were entirely loyal to the company.

The environmental struggles of these communities--mostly composed of African-Americans, Asian, Latino, and working class White people--have often been ignored by mainstream environmental NGOs. Locally based environmental groups, including the West County Toxics Coalition and Communities for a Better Environment (CBE), have had to do the vast majority of the work of bringing attention to the plight of their residents. On occasion, Greenpeace and Earth First! have given attention to them, but for the most part, it's been locals--most of whom are not typically activist oriented--who've borne the brunt of the struggles.

Many of these refineries are unionized--mostly by the United Steelworkers Union, with a minority of the workers instead belonging to IBEW Local 180. Naturally, the leadership of these unions has oriented themselves towards capitalist interests, who have on numerous occasions tripped over themselves to voluntarily speak on behalf of their capitalist masters.

For example, in 1999, after four refinery workers were killed in a fire, at the Tosco (now Tesoro) facility in nearby Avon, CBE spoke up on behalf of the deceased and called for stricter regulations of refineries (to protect both workers and the environment). Tosco, of course, opposed the proposed regulatory changes, instead calling for more watered down oversight which--CBE argued--left the foxes guarding the hen-house. Rather than support CBE, Jim Payne of the PACE union local that "represented" the workers at the time excoriated the environmentalists, declaring,

"It absolutely infuriates me that those damned tree-huggers would place this regulation in jeopardy,"

Certain residents of the nearby communities of Avon and Clyde were not especially welcoming of CBE either because--naturally--Tesoro used their substantial economic and political leverage to convince these people that CBE were "outside agitators", perhaps even "unwashed-out-of-town-jobless-hippies-on-drugs" (imagine that!).

This incident was very similar to the PCB spill in Georgia Pacific's lumber mill in Fort Bragg, California, that took place a decade earlier, in which the union leadership of IWA Local 3-469 (one Don Nelson) essentially took the company's side, leaving the rank and file workers to seek outside help from Earth First! and the IWW. Those efforts were led by Anna Marie Stenberg and (you guessed it), Judi Bari.

In spite of years of frustration and the corporations' seemingly iron rule, aided in large parts by their attempts to divide and conquer workers and environmentalists, the political winds in these northwestern Bay Area refinery towns appears to be shifting. Dissidents are gaining traction within their communities, no longer finding themselves isolated from their fellow residents. Workers employed by these industries are speaking out and even making alliances with environmentalists, the communities are finding that they can elect politicians willing to chart a course independent of the dominate corporate forces, and regulatory agencies—who usually provide official cover for the capitalists they’re ostensibly charged with regulating—are actually showing signs of actually demanding accountability from the powers that be.