Monday, April 4, 2016

Who Picks Up Tab for Bankrupt Company?

An opinion article by our own Sr. Elizabeth Riebschlaeger CCVI 
Published in the Victoria Advocate March 25, 2016

The latest efforts of Concerned About Pollution in opposing the permitting of a 200-acre, solid oilfield waste processing facility a quarter-mile from their town, wisely raised concerns that in a 50-year flood event, mingled floodwaters and waste could overflow the planned 4-foot berm. The Texas Railroad Commission agreed, and plans were redesigned to assure that this would not occur. For Pyote and the TRC, the solution was even deeper pits to trap runoff in 25-foot high mounds of toxic solid oilfield waste. These pits also straddle a pre-existing Southcross pipeline buried an estimated three to four feet deep. (Incidentally, Pyote had not notified Southcross of its plans.) Yet, one experienced pipeliner observes that such waste facilities "are usually not allowed over a pipeline." Wonder why?
Perhaps it's because of the common knowledge that bulldozers moving waste around a pipeline creates risk enough of pipeline rupture. In addition, bulldozers often tear such liners. And in this case, deeper pits raise another concern: the chemicals in the produced water mixed with rainwater could leak through the trench soil and weaken the gas pipeline.
Picture this: the eroded high-pressure pipeline fails, spewing vaporized gas across tons of oilfield waste and pits holding hydrocarbons, drilling lubricants and fracking chemicals of unknown toxic content, creating the potential for an explosion and toxic fire. There are many possible sources of ignition, including starting engines to move equipment off site in an emergency procedure. (Recall the tragic ignition of an invisible cloud of gas vapors leaking from a valve near Brenham years ago. The explosion killed the driver and a nearby family in their home, shaking houses as far away as El Campo.) In certain weather conditions, static electricity also has been known to cause detonations of volatile substances.
Two hundred acres of burning oilfield waste will create billowing clouds of toxic smoke to be carried downwind for miles, forcing evacuations on small two-lane highways and county roads. People will encounter emergency vehicles trying to reach the site using the same roads. Surrounding communities - Nordheim, Yorktown, Cuero, Runge, Kenedy, Karnes City, Nixon, Goliad and possibly Victoria - could be asked to send units to the scene. At the same time, hospital patients, retirement homes, staff and others could be forced to shelter in place. Elderly residents could have to leave their farms and ranches or be rescued. School officials could be tasked with busing children to safety. Would this situation be even manageable? Are local officials and citizens ready for this hellish scenario? Could this waste smolder and burn for months? Is Pyote, LLC ready for this?
That is the question for county and city officials, Emergency Disaster Coordinators, responders, evacuation planners, responsible school personnel, bus drivers, medical facilities, insurance companies for everyone injured and with property damage, and hazmat crews - most of all, for Pyote. They are choosing to be responsible for construction of the site over a vulnerable pipeline, and therefore, for any acute public health impacts, injuries and property damages in such a disaster. Rural lives matter, too. Why invest in such a high-risk situation?
Sharing responsibility will be Southcross Pipeline, currently abdicating their responsibility to protest Pyote's plan to place this facility over its pipeline. Thus, they are giving tacit consent to this high risk situation being deliberately planned.
Meanwhile, following today's industry model, Pyote is protecting itself as an LLC (Limited Liability Company), so that when their insurance coverage runs out, they can simply walk away and declare bankruptcy. Texas taxpayers would fund the hazmat cleanup, which usually takes years.
What is conservative, economically reasonable or patriotic about that? How is the homeland of these citizens more secure? Pyote's liberal plan defies both common sense and business sense. The simplest way to eliminate this high risk for all involved is for Pyote to withdraw the permit request, or for a sane TRC just not to permit tons of toxic oilfield waste to straddle a pipeline to begin with. That will save lives, our water, air, soil and prevent a costly disaster. That is the truly conservative solution. Will the real conservatives please stand up? In this situation, Pyote, Southcross and the Texas Railroad Commissioners do not qualify - so far.
Sister Elizabeth Riebschlaeger is a member of the Sisters of Charity of the Incarnate Word of San Antonio. She was born and raised in Cuero and has a BA in Music Education and a Masters Degree in Religious Studies from Incarnate Word's Pastoral Institute, including post graduate studies in Liturgy, Scripture and Social Justice issues. She served as Case Management Director for DeWitt County Cares after the Oct. 1998 Flood in Cuero. Since 2006, she has been engaged in social justice ministries in her congregation, visiting prisons, ministering to prisoners on Death Row, witnessing their executions, and most recently, in educating the public on fracking and its impacts on the environment.

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