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Chemical Safety Board Subpoenas Black Elk Energy re: the West Delta 32 Explosion and Fire

Black Elk Energy’s West Delta 32 Platform. US Coast Guard photo.

We mourn the loss of life and pray for the missing worker. We wish the injured a speedy recovery.

I am dismayed by a new development:


U.S. board issues subpoena on offshore platform blast

(Reuters) – A U.S. industrial accident investigative board served Black Elk Energy with a subpoena on Monday, seeking information about last week’s offshore Gulf of Mexico oil platform explosion that left one worker dead and another missing.

Spokeswoman Hillary Cohen said the U.S. Chemical Safety and Hazard Investigation Board, which investigates chemical spills, refinery explosions and other industrial accidents, will decide whether to launch a probe into Friday’s blast once Houston-based Black Elk responds to the subpoena.

The company has until November 30 to respond, Cohen said. The CSB has authority to subpoena witnesses, but not to issue fines or citations.

The U.S. Bureau of Safety and Environmental Enforcement (BSEE), which regulates offshore oil and gas drilling and production, is investigating the blast.

BSEE said on Monday that its investigative team met Black Elk personnel at the platform to go over the agency’s plan to collect evidence, interview witnesses and review safety procedures.

Once that information is analyzed, the agency can decide what enforcement plans are appropriate, BSEE Director James Watson said.

The Chemical Safety Board also tried to stick its nose into the Deepwater Horizon disaster.

As noted in the passage above, the CSB cannot issue fines or citations. The BSEE can and does. The subject of this investigation is in the BSEE’s wheelhouse: it mandates the safety and environmental management systems which are supposed to prevent such an accident. BSEE is the appropriate agency to conduct an investigation. The CSB can only distract Black Elk and BSEE whose job it is to get to the bottom of what happened.

Generally, the federal agencies respect boundaries in order to mitigate conflicting priorities and to prevent duplication of effort. BSEE generally is the lead agency on offshore platforms and drilling rigs. They serve as the eyes and ears for Coast Guard, EPA and other agencies. On vessels, the Coast Guard takes the lead. Helicopters are the FAA’s bailiwick.

Cohen said information the CSB is seeking includes use of combustible natural gas detectors, Black Elk’s safety and environmental management systems and policies and prior safety violations or citations.

By all reports, a worker on WD 32 cut into a flowline using a cutting torch. The line contained a small amount of oil, which spilled, and presumably some natural gas, which ignited. At some point there was a deviation from procedure. A gas detector would not have warned of the danger.

Neither Black Elk’s platform nor the Deepwater Horizon was a refinery or a chemical processing facility. The CSB should stick to its knitting and stay out of the way of BSEE’s investigation.

Cross-posted at my energy blog.

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COMMENTS

  • davesinsanantonio

    But, they won’t!

    Like all bureaucrats, they live to increase their “turf”. If they can, they will increase it until it is “an empire”. They don’t really care about anything else. The really sad thing is that Obummer has four more years to increase the size and power of the bureaucracies of the federal government. And, he will!

  • stevemaley

    Well, I’m an engineer and I’m familiar with offshore oil and gas production. I’m not just some guy with access to Wikipedia and WND. I don’t doubt CSB’s ability to investigate. I doubt the necessity of their investigation. Furthermore, two parallel investigations will impede to efficiently investigate the incident.

    The platform was operated by a BSEE-recognized operator who, by law, operates it according to a BSEE mandated safety and environmental management system. The platform is of a design that has been approved and inspected by BSEE and operated in conformance with their procedures. BSEE issued the permit under which the work was being done. There are hundreds of similar platforms in the Gulf and BSEE know the questions to ask.

    It would appear (judging from press reports) that for some reason somebody used a tool that they weren’t supposed to to cut a line that shouldn’t have been cut. Somewhere there was a breakdown in implementing the plan. Getting to the bottom of it should not be rocket surgery.

    I suppose OSHA could also investigate, because it was a workplace situation. There was an oil spill, so the Coast Guard gets involved. There may be other federal agencies with some level of authority over the matter. The point is, there is one obvious lead federal agency, and they should be allowed to do their job.