1. Crude Oil Transportation Hudson River Issues Update Sean
Dixon Staff Attorney May, 2015
2. ABOUT RIVERKEEPER Mission Protect the environmental,
recreational and commercial integrity of the Hudson River and its
tributaries. Safeguard the drinking water of nine million New York
City and Hudson Valley residents. Enforce the Clean Water Act.
3. CRUDE OIL: AN UNREFINED PROBLEM Tar Sands/Heavy Crude Photo:
Ben Garvin Shale Oil
4. STATE OF ENERGY Changes Higher Domestic Production
Transportation Bottlenecks Aging Infrastructure Effects Train
Derailments Barge Collisions Oil Spills, Explosions, Lives
Lost
15. Lac-Megantic, Quebec, July 2013. Train Derailment and
Explosion of Bakken Crude Oil; 47 people killed, downtown buildings
leveled. Photo: Sret du Qubec
16. Philadelphia, PennsylvaniaLynchburg, Virginia Aliceville,
Alabama Casselton, North Dakota
18. CRUDE BY RAIL: CONCERNS TransitLoading Labeling
Classification Stabilization Tank Car Design (common carrier) Small
Spills Cumulative Issues (production, gathering) Off-Loading
19. CRUDE BY RAIL: CONCERNS Transit Speed Limits Routes
(habitat, cities, water) Derailments Notification Response Assets
Response Access Infrastructure Loading Labeling Classification
Stabilization Tank Car Design (common carrier) Small Spills
Cumulative Issues (production, gathering) Off-Loading
20. CRUDE BY RAIL: CONCERNS Transit Speed Limits Routes
(habitat, cities, water) Derailments Notification Response Assets
Response Access Infrastructure Loading Labeling Classification
Stabilization Tank Car Design (common carrier) Small Spills
Cumulative Issues (production, gathering) Off-Loading Air Quality
Oil Spills Throughput Fees Cumulative Issues (refineries, ports)
Security Risks Community Access (idle trains)
21. CRUDE BY RAIL FEDERAL ACTION May 2015 PHMSA Regulations
Tank Car Design & Phase-Outs Routing/Notification Speed Limits
Other Rulemakings & Orders Securement Response Planning Crew
Size Thermal Insulation Emergency Order
22. TAKE ACTION! What Riverkeeper is Doing: Petition for Review
(PHMSA Regulations) Administrative Appeals (Notification) Federal
Rule Petitions Nationwide Coalition-Building What You Can Do: Call
Your Elected Officials Call Your Local First Responders Develop
Your Own Emergency Plan
24. Update on Crude Oil Transport in the Hudson Valley Kate
Hudson Director, Cross Watershed Initiatives May, 2015
25. Crude Oil on the move down the Hudson River Valley 1. What
are the risks? 2. Are we ready? 3. Proposed crude oil pipeline a
new risk 4. What we are advocating for 5. State budget and
legislative actions 6. What you have done! And what can still be
done!
26. Between 2011 and 2012, NYS DEC permitted transfer of 2.8
billion gallons of crude in the Port of Albany and declared further
expansion of Global Albany terminal would have no significant
environmental impact. 1. After receiving 19,000 comments on its
Negative Declaration, on May 21, 2015, DEC issued a Notice of
Intent to Rescind that Determination to Global. 2. DECs notice is
based on project changes, new information and changes in
circumstances not previously considered which have the potential to
have significant adverse impacts on the environment [that] must be
fully analyzed. Past and Present NYS Actions re Crude Oil
Permitting in the Port of Albany
27. What Happens Next? 1. Global has 10 days to respond to the
Notice with its objections. 2. SEQRA law requires that, after
hearing from Global, DECs determination is the same, it must
prepare, file and publish a positive declaration and require the
preparation of a environmental impact statement for proposed Global
Albany terminal expansion. 3. We must continue to advocate for a
full environmental impact review that evaluates the direct,
indirect and cumulative impacts of the entire project. 4. If and
when DEC issues a positive declaration we must demand and
participate in the public scoping process that will determine the
contents and scope of the DEIS that Global is required to
prepare.
28. The first tanker laden with Bakken Crude carrying as much
oil as the Exxon Valdez - runs aground 6 miles south of Albany in
Dec. 2012. Derailments in West Nyack, Cheektowaga, Town of Ulster,
Selkirk and Albany (Kenwood), all five since December 2013. Dozens
of rail and tank car safety violations identified in joint
state-federal inspection blitzes in 2014 -2015 in Albany and
Buffalo. Warning Signs on the NYS Virtual Pipeline Gash in the hull
of the Stena Primorsk after grounding.
29. Crumbling Infrastructure Many train bridges across the
region are deteriorating, including two in Cornwall where the
concrete foundation has eroded, vertical cracks have emerged, rebar
has become exposed, and bolts have become loose or have fallen off
altogether. Senator Charles Schumer
30. Bridge Inspection 2013 Comptroller Audit 2651 bridges with
no last inspection date 3000 bridges w/ no inventory or up-to-date
reviewed management plans
31. We arent tasked to inspect bridges only to audit the
railroads bridge inspection plans. Federal Railroad Acting
Administrator Sarah Feinberg CSX, which owns the bridges, is left
mostly to police itself. CSX filed a one-sentence letter to the
state and feds stating that all their bridges have been inspected
and determined to be safe. Jim Hoffer, Emmy-Winning ABC 7 Reporter
Watch: http://7online.com/447890/
32. Communities At Risk Ulster County Saugerties, Highland
Kingston, Port Ewen Esopus, Marlborough Dutchess County Rhinebeck,
Hyde Park Poughkeepsie, Fishkill Tivoli, Beacon Crude oil trains
hug the western shoreline for many miles, including near drinking
water intakes for the City of Poughkeepsie and the Town of
Lloyd.
33. Drinking Water at Risk 100,000+ people rely on Hudson River
drinking water Poughkeepsie 75,000 (city, town and other
neighboring towns) Hyde Park 12,288 (including Harbourd Hills and
Staatsburg water districts) Rhinebeck 5,300 Highland 5,000 Port
Ewen 4,500 Major industries also at risk IBM, power plants,
etc.
34. Are we ready? Hudson River Spill Response Success of spill
response is affected by conditions of the water and type of oil
spilled: Bakken crude floats, tar sands crude sinks. The Hudson
River is turbid and subject to strong tides, currents and winter
ice, making recovery very difficult if not impossible. James
Riverkeeper
35. Response is NOT Oil Recovery A spill of Bakken crude oil in
water. A successful spill response in the Hudson might recover
20-25% of the oil. A spill of tar sands crude oil in water. A
successful spill response might recover just 5% of the oil.
36. Local Emergency Response New Challenges No Funding Major
Disasters The large-scale shipments of crude oil by rail simply
didn't exist 10 years ago, and our safety regulations need to catch
up with this new reality. Most communities across the nation are
not prepared to handle oil train derailments such as the one in Lac
Megantic. - National Transportation Safety Board Chairman Deborah
Hersman Railroad companies have a responsibility to respond to
accidents. Federal law says they must have a basic emergency
response plan, but that plan is up to the railroad. If a ship or
barge hauls oil, the company needs a detailed spill response that
meets federal standards, but there are no standards for the
railroad's emergency plans.
37. Rail Towns Preparing for What if When a rail incident
happens, local responders are first to arrive How many local fire
departments and how many are situated along railroad tracks? Who
would respond? What is CSX spill response plan for a rail car
incident involving Bakken crude? Do the first responders have the
manpower, the equipment and training to monitor and respond to
toxic spills and accidents involving Bakken or Tar Sands crude? Is
there an updated spill response plan and how is it coordinated
across local first responder agencies? How large is the area to be
evacuated? Where should people go? Should some residents close to
the derailment be told to stay in their homes because it's too
dangerous to leave? How soon will CSX respond to an incident and
when will a hazmat team arrive ? Are local firefighters encouraged
but not required to take training for crude oil spill
response?
38. Proposed Pilgrim Pipeline: An Added Risk
39. Spill Risks of Pipelines Pipeline spills are inevitable
(Pick your Poison for Crude - Pipeline, Rail, Truck or Boat Forbes,
April 2014). Pipeline spills release much larger amounts of oil
than spills from any other mode of transport. From 2004 to 2012,
pipelines spilled three times the oil that oil trains did over the
same period (PHMSA). The 10 year average (2004-2013) is 631
pipeline incidents per year with 97,263 barrels (over 4 million
gallons) per year spilled resulting in $494 million per year in
property damage (PHMSA).
40. Construction Impacts Construction across key waterbodies
including important tributaries to the Hudson River (Esopus,
Rondout, Sawkill and Plattekill Creeks and the Wallkill River)
Disturbance of federal and potentially state wetlands Stormwater
impacts due to vegetation removal Potential impairment of sensitive
aquifers on which residents depend for drinking water Crossing of
Delaware and Catskill aqueducts that supply drinking water to more
than 9 million New Yorkers Disturbance of critical wildlife habitat
Negative impacts to property values
41. Pilgrim Pipeline Siting and Permitting Process No federal
agency with overarching authority to oversee siting process for oil
pipelines. No role for the public until state and federal permit
applications are filed by the applicant. Access to Thruway ROW
requires NY Thruway and DOT approval. Permitting restrictions and
difficult approval process. Other Permits Required DEC wetlands,
401 Certification Army Corps 404 dredging, stream crossing, wetland
disturbance CZMA Coastal Consistency (Army Corps, DOS) Need for
full EIS under NEPA/SEQRA in all permitting proceedings and ESA
consultation for Federal permits.
42. Riverkeeper Recommendations for State Action on Spill
Response and Preparedness Raise Spill Fund Cap to present value of
$25 million in 1977 when the spill fund was created ($97 million).
Spill Fund should be authorized to recover money for spill
remediation up to federal maximum liability levels. All persons
responsible for transport must maintain evidence of financial
capability to pay for worst-case scenario spill. New preparedness
funding should be in separate account so it does not drain the
response and remediation fund. Responsibility for the State Spill
fund should not be moved from the fiduciary control of the State
Comptroller to DEC.
43. 2015 Executive Budget: Proposals and actions taken Raise
spill fund cap from $25 million (set when the fund was created in
the 1970s) to $40 million. Make monies from the state spill
response fund available to local first responders with no cap. Move
responsibility for maintaining the State Spill Response Fund from
the Comptrollers Office to DEC. Actions Taken: Legislature adopts a
2015 budget that increases the Spill Fund Cap to $40 million,
creates a separate fund with annual allocations to support local
spill preparedness, and increases fees on some crude rail transport
that is handled in NYS.
44. NYS Legislative Action in 2015 is it enough? The spill fund
cap is still too low. Fees are still not being charged on oil that
is just passing through. Legislation has been introduced to require
financial assurance from crude oil handlers. Legislation is being
considered that would require information-sharing on crude oil
transport within NYS.
45. NYS Assembly Bill No. A7625 TITLE OF BILL: An act to amend
the navigation law, in relation to financial responsibility for the
liability of a major facility or vessel PURPOSE OF BILL: To require
the owner or operator of a major facility or a vessel to establish
and maintain with the department evidence of financial
responsibility sufficient to meet the amount of liability. Bill
search at http://assembly.state.ny.us
46. Riverkeeper Recommendations for Update of Federal spill
response plans Update worst-case scenario spill to include heavy
crude oil that sinks, affecting drinking water supplies and
deepwater habitats. Regional Plan and Individual Vessel Plans must
address unique risks of Bakken and tar sands/sinking oil shipping.
Develop spill response plan based on most recent science concerning
the distribution and sensitivity of natural resources. Set
benchmarks for oil spill recovery, not just spill response. Plan
should set a minimum recovery standard just showing up isnt good
enough for the Hudson .
47. Riverkeeper Recommendations for Update of Federal spill
response plans Must require deployment of response equipment
upriver, not just in NY Harbor. Pre-deploy booms near sensitive
ecological resources. Prohibit use of dispersants in Hudson
Estuary. Require more realistic spill drills.
48. What you have done! New York State issues notice to rescind
Globals heavy crude heating no impact determination What you can do
Press DEC to: 1. Rescind negative declaration previously issued by
DEC and require full environmental review for proposed Global
Albany terminal expansion. 2. Require the preparation of a full
environmental impact review that evaluates the direct, indirect and
cumulative impacts of the entire project, rather than separate
reviews of parts of the action. 3. Revoke permits already granted
to Global to expand its crude oil terminal operations without full
environmental review mandated by SEQRA.
49. What you have done! Local Government Resolutions Albany
Putnam County Cold Spring Rockland Orange Orange County Assoc.
Philipstown Ulster Newburgh Hyde Park Cornwall
50. What You Can Continue to Do: Take Action On Crude Oil
Transport Call for New York State Action Request full environmental
review of proposed Global Partners oil terminal in Albany,
specifying risks of heavy crude to the Hudson River and Ulster
Countys shoreline. Urge DEC to re-open existing permits that
allowed for Port of Albany crude oil throughput to increase from
zero to 2.8 billion in two years. Request inspection blitz on
Hudson Valley rail lines. Request information from NYS DOT and/or
Comptroller about railroad bridges in Hudson Valley Counties, given
Comptrollers 2013 Report findings of problems with inspection
program.
51. Actions We Can Take on Pilgrim Pipeline Write to the NYS
Thruway Authority and NY Department of Transportation and urge them
to deny Pilgrim the ability to use the Thruway right of way for
their pipeline. Write to the NYS Department of Environmental
Conservation and the Army Corps of Engineers and urge them to
require a full environmental review of Pilgrims proposal. Work in
your community to introduce and pass County and local resolutions
opposing Pilgrim Pipeline. Urge your state and federal elected
representatives to join you in pressing regulators not to authorize
the Pipeline.
52. Help Spread the Word! Take action at riverkeeper.org/crude
to: Write to your state and federal elected representatives asking
them to join you in pressuring regulators to take immediate action.
Write letters to the editor expressing your concerns about the
risks and lack of adequate government response. Use social media to
spread the word about the crude oil transport threat to your
community, the Hudson River and the Hudson Valley using the
hashtags #NotOnMyWatch or #NoCrudeOnHudson.