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North Dakota Oil Spill Spotlights Obama Delay on Rules

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WASHINGTON – Three years after an oil pipeline rupture in Michigan spilled 843,000 gallons of sludge, government regulators still have not produced promised rules to compel operators to detect leaks.

An oil spill in North Dakota last month and the continued debate over construction of TransCanada Corp. (TRP)’s Keystone XL Pipeline have led to renewed criticism about the government’s inaction on pipeline safety.

“It’s outrageous,” Rick Kessler, president of the Pipeline Safety Trust and a Washington lobbyist, said in an interview. “This is glacial. It’s incredibly frustrating, and there never is a straight answer about where the bottleneck is.”

Pipeline safety, a little-noticed backwater of Washington policy making, has grown in attention and political importance in recent years as the boom in North Dakota and Texas oil production and the hydraulic fracturing revolution for natural gas means the U.S. pipeline network is both expanding and increasingly active.

An oil well at North Dakota“As the U.S. produces more oil and gas, we have to remain vigilant,” said Brigham McCown, the former head of the U.S. Pipeline and Hazardous Materials Safety Administrators. “If production is going to go up, inspections will have to go up as well.”

McCown, who’s now a lawyer in Texas, and industry representatives say it’s not new rules that are needed, but attention from regulators and industry to adhere to the rules now in place.

Hazardous Liquids

The PHMSA said it’s still working on plans to reconfigure rules for the 185,000 miles of pipes carrying hazardous liquids that it oversees. The number of serious pipeline incidents and the amount of gasoline or crude spilled has fallen since the late 1990s. Even so, over the past three years, there were 96 incidents that caused 41 fatalities, 200 injuries and $400 million in property damage, according to government data.

“We continue to try to make enhancements to safety, and we’re moving forward with the rulemaking,” Damon Hill, an agency spokesman, said. “It does take time and effort and a lot goes into getting this done.”
After the Michigan spill in 2010, the agency issued notice that it intended to rewrite rules for leak detection and cut-off valves. It hasn’t, and the 20,000-barrel spill at a Tesoro Corp. (TSO) pipeline in North Dakota went undetected until a farmer came across it in his field last month.

“We remain focused on cleanup, repair and remediation,” Tina Barbee, a Tesoro spokeswoman, said in an e-mail. “To date, we have reported more than 4,300 barrels recovered at the site.”

Keystone Proposal

The PHMSA proposal is now awaiting approval by the office of Transportation Secretary Anthony Foxx so that it can be sent to the White House Office of Management and Budget for its review, Hill said.
“It’s sitting there somewhere in the bowels of the federal government,” said Lois Epstein, a pipeline specialist at the Wilderness Society in Alaska. “This is how government gets a bad name.”

The issue has entered the contentious debate over TransCanada’s proposal to build the Keystone pipeline from Alberta to the Gulf of Mexico. Supporters say pipelines are safer than shipping oil by train, truck or barge, and point to the July explosion of a runaway oil train in Quebec that killed 47 people. Critics point to leaks or ruptures in Michigan, Arkansas and now North Dakota to say they aren’t nearly as safe as proponents argue.

Leak Detection

In its 2010 announcement, PHMSA said it was considering expanding requirements for use of leak detection and remote-controlled shut-off valves, which are now required only on some pipelines near population centers, large water crossings or other environmentally sensitive areas. The regulator also said it was considering broadening its reach over more pipelines and expanding the number of areas considered heavily populated or near protected waterways.
“Pipeline leak-detection system technology hasn’t advanced in the United States in quite some time,” Anthony Swift, an attorney with the Natural Resources Defense Council, said in an interview. “The U.S. doesn’t have a performance metric for how soon a leak detection system needs to detect a leak. Canada does.”

The push for PHMSA to tighten its rules followed the break in an Enbridge Inc. (ENB) pipeline near Marshall, Michigan, in June 2010. Enbridge, the largest transporter of Canadian crude to the U.S., knew of cracks in its pipeline and didn’t react to the rupture for 17 hours after it was discovered, leading to the nation’s most expensive onshore oil spill, the National Transportation Safety Board said in its report on the incident.

Tesoro Comments

Oil from the spill was carried 35 miles downstream on the Kalamazoo River. Enbridge said the incident has cost it more than $1 billion, excluding insurance payouts.

In its report on that spill, the independent National Transportation Safety Board said PHMSA needed to take a series of actions that included: setting specific rules for pipeline operators about detecting and repairing cracks; issuing a notice to all operators about the causes of the Enbridge spill and how to “eliminate similar deficiencies”; and extending rules governing qualifications for control-room operators.
So far, PHMSA hasn’t fully implemented any of the eight items on the NTSB’s recommendation list, which was published on July 25, 2012. The agency said it’s working on it.

“The areas that require regulation are the ones that are going to take longer,” NTSB Vice Chairman Christopher Hart said. “We know there is movement” by PHMSA, he said.

‘Sleepy’ Agency

Critics aren’t so sanguine.

“When there is a major incident like the Kalamazoo River spill, you would think they would get right on it,” said Jeff Ruch, the head of Public Employees for Environmental Responsibility, which is seeking public records from the agency. “Employees have come to us and said, ‘We are a sleepy, industry-dominated organization.’”

Congress passed legislation in 2011 that mandated the agency study leak detection and then formulate new rules to improve it. The resulting report, prepared by engineering consultants Kiefner & Associates Inc., found that of 766 pipeline releases between Jan. 1 2010 and July 7, 2012, only 23 were identified by leak detection systems.

Operator ground crews, emergency responders and members of the public were more likely to find leaks.
The costs of a leak detection system, “are minor compared with other systems on the pipeline,” according to the report. “The difficulty lies in convincing operators of their value.”

Bi-Weekly Checks

U.S. operators must check for leaks by walking, driving or overflying their pipeline right-of-way every two weeks, according to John Stoody, a spokesman for the Washington-based Association of Oil Pipe Lines. In densely populated or environmentally sensitive areas, operators must file plans on the impact of a spill and the leak detection systems that may be required.

The operators rely on equipment already in place that monitors the flow of oil to detect leaks, according to the Kiefner & Associates report. Advanced systems use filament along the length of a pipeline or special cameras to detect petroleum vapors.
“They’re expensive,” Stoody said. “Are they worth the money?”

– BLOOMBERG

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Oil

FG Introduces New Incentives To Revitalize Nigeria’s Oil & Gas Industry

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In a strategic move to revitalize Nigeria’s oil and gas sector, the Federal Government has unveiled two key fiscal incentives aimed at attracting investment and enhancing energy security.

The announcement was made by Mr. Wale Edun, the Minister of Finance and Coordinating Minister of the Economy on Wednesday.

The first initiative, the Value Added Tax (VAT) Modification Order 2024, introduces critical exemptions for essential energy products and infrastructure, including Diesel, Feed Gas, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Electric Vehicles, Liquefied Natural Gas (LNG) infrastructure, and Clean Cooking Equipment.

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These exemptions are designed to reduce living costs for Nigerians, promote energy security, and accelerate the transition to cleaner energy alternatives.

The second initiative, the Notice of Tax Incentives for Deep Offshore Oil & Gas Production, offers new tax relief options for deep offshore exploration projects.

This measure aims to position Nigeria’s deep offshore basin as a premier destination for international oil and gas investments, boosting the country’s appeal to foreign investors.

These reforms are part of a broader set of policy initiatives, known as Policy Directives 40-42, endorsed by President Bola Ahmed Tinubu.

The directives reflect the administration’s commitment to fostering sustainable development in the energy sector and enhancing Nigeria’s competitive edge in the global oil and gas market.

 

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Tinubu set to approve ExxonMobil-Seplat oil deal, expands CNG bus initiative

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By Yemie Adeoye

NIGERIA’s President Bola Tinubu has announced that the protracted ExxonMobil-Seplat upstream oil divestment will be formally approved by the Minister of petroleum within a matter of days, just as he announced his government’s intention to expand the Compress natural Gas, CNG buses initiative.

The President who stated this during his Independence day nationwide broadcast stated that the move is in line with his administration’s commitment to free enterprise, free entry and free exit in investments which is the hallmark of his administration investment policy.

“Fellow compatriots, our administration is committed to free enterprise, free entry, and free exit in investments while maintaining the sanctity and efficacy of our regulatory processes. This principle guides the divestment transactions in our upstream petroleum sector, where we are committed to changing the fortune positively. As such, the ExxonMobil Seplat divestment will receive ministerial approval in a matter of days, having been concluded by the regulator, NUPRC, in line with the Petroleum Industry Act, PIA. This was done in the same manner as other qualified divestments approved in the sector.”

The President also seized the opportunity to plead with Nigerians to be patient with his administration’s reform policies. “As your President, I assure you that we are committed to finding sustainable solutions to alleviate the suffering of our citizens. Once again, I plead for your patience as the reforms we are implementing show positive signs, and we are beginning to see light at the end of the tunnel”.

“Our energy transition programme is on course. We are expanding the adoption of the Presidential Initiative on Compressed Natural Gas for mass transit with private sector players. The Federal Government is ready to assist the thirty-six States and FCT in acquiring CNG buses for cheaper public transportation.

Fellow Nigerians, while we are working to stabilise the economy and secure the country, we also seek to foster national unity and build social harmony and cohesion. Our economy can only thrive when there is peace”. he enthused.

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ExxonMobil To Invest $10bn In Nigeria’s Deep-Water Oil Operations

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As part of the administration’s push to improve Ease of Doing Business (EoDB), Nigeria’s Vice President Kashim Shettima has expressed support for ExxonMobil’s plan to invest $10 billion in the country’s deep-water oil sector.

Speaking on Wednesday, September 25, 2024, during a meeting with ExxonMobil executives at the 79th United Nations General Assembly (UNGA) in New York, Shettima called the investment “a clear testament to the administration’s economic reforms and investor-friendly policies.”

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This announcement follows news that international maritime company DP World intends to develop a multibillion-dollar port project in Nigeria.

Stanley Nkwocha, Senior Special Assistant to the President on Media and Communications, shared the development in a statement on Wednesday. He quoted Shettima as saying: “ExxonMobil’s potential investment aligns with the vision of President Bola Ahmed Tinubu’s administration for a more investment-friendly Nigeria.

We are committed to fostering an environment that supports such transformative projects.”Shettima also discussed the administration’s broader efforts to improve the ease of doing business, highlighting the “Renewed Hope Agenda,” which aims to simplify bureaucratic processes, enhance transparency, and offer fiscal incentives to attract global investors.

“Our administration has taken bold steps to unify the exchange rate, remove fuel subsidies, and implement tax reforms. These measures, though challenging in the short term, are intended to create a stable and predictable business environment in the long term,” he added.

On the oil and gas sector, Shettima mentioned that the government is revising the fiscal framework for deep-water operations to attract investment while ensuring fair returns for the Nigerian people.

 

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