WASHINGTON - On April 2, 2010, an explosion at the Tesoro Corp. oil refinery in Anacortes, Wash., killed five workers instantly and severely burned two others, who succumbed to their wounds.
Eighteen days later, the Deepwater Horizon drilling rig blew up in the Gulf of Mexico, killing 11 workers and unleashing a massive oil spill.
In both cases, the U.S. Chemical Safety Board – an independent agency modeled after the National Transportation Safety Board -- launched investigations. Like the NTSB, the Chemical Safety Board is supposed to follow such probes with recommendations aimed at preventing similar tragedies.
Yet three years after Tesoro and Deepwater Horizon, both inquiries remain open – exemplars of a chemical board under attack for what critics call its sluggish investigative pace and short attention span.
The number of board accident reports, case studies and safety bulletins has fallen precipitously since 2006, an analysis by the Center for Public Integrity found. Thirteen board investigations -- one more than five years old -- are incomplete.
It is unacceptable that after three long years, the CSB has failed to complete its investigation of the tragic Tesoro refinery accident,” Sen. Patty Murray, D-Wash., said in a written statement to the Center. “The families of the seven victims and the Anacortes community deserve better, and the CSB must be held accountable for this ridiculous delay."
“I think they’re making excuses,” said Shauna Gumbel, whose son, Matt, died 22 days after being burned in the blast. “Why aren’t they assigning more people so they can get the investigation done in a timely manner and the families can move forward?” Chairman Rafael Moure-Eraso and managing director Daniel Horowitz say the board, which has a $10.55 million annual budget, is stretched thin.
“We’ve made innumerable proposals over the years … pointing out the significant discrepancy between the number of serious accidents and the ones that we can handle from a practical standpoint,” Horowitz said. Congress, he said, has been unwilling to come up with more money.
Moure-Eraso, chairman since June 2010, said the Tesoro investigation was sidetracked by an explosion at the Chevron refinery in Richmond, Calif., last August that created a towering black cloud and prompted about 15,000 people in surrounding neighborhoods to seek medical evaluation.
“We decided that it was important to deploy [to Richmond] because the issues that were raised were issues that affect the whole refinery industry,” Moure-Eraso said.
Current and former board members and staffers, however, contend the agency’s investigations are poorly managed -- an allegation the Environmental Protection Agency’s inspector general is exploring.
Former board member William Wark, whose five-year term ended in September 2011, said it’s “embarrassing” that the Tesoro investigation has not been finished. “The basic, bottom line is the agency is grossly mismanaged,” he said.
The board has 20 investigators -- four more than it had in 2008. Yet earlier investigations were often completed more quickly.
The deadliest accident the board has investigated was the March 2005 explosion at the BP refinery in Texas City, Texas. Fifteen workers were killed and 180 injured. The board’s final report was issued just under two years after the accident.
A February 2008 blast at the Imperial Sugar plant near Savannah, Ga., killed 14 and injured 36. The final report was issued in 19 months.
Gerald Poje, a Bill Clinton appointee who served on the board from 1998 to 2004, said he finds it “painful” that more recent investigations have stagnated. “Unfortunately, over time, people begin to forget and feel less obligated to pay attention to recommendations,” Poje said.
Falling productivity Created by Congress in amendments to the Clean Air Act in 1990, the Chemical Safety Board was starved of funding and didn’t get up and running until 1998.
Authorized for five members, the board currently has three, with a fourth awaiting confirmation. Its staff numbers 39.
The board appeared to hit its stride under Carolyn Merritt, a George W. Bush appointee who served as chair from 2002 to 2007 and died of cancer in 2008.
In 2006 it released nine products -- three full reports, three case studies and three safety bulletins. In 2007 it put out eight, including a 341-page report on the BP-Texas City explosion.
Production has trended down ever since. Last year, the board released two case studies. So far this year, it has issued one full report, one interim report – on Chevron -- and one case study.
“Would we like to do more? Would we like to do it faster? Sure,” Horowitz said, adding that he expects the Tesoro investigation to be completed by the end of this year.
The United Steelworkers union, which represents workers in refineries, chemical plants and other hazardous settings, has been among the board’s more vocal critics.
At a public meeting in January, Steelworkers health, safety and environment director