Crude Oil Transport on the Hudson- Riverkeeper & Scenic Hudson
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On April 2, 2016 Riverkeeper and Scenic Hudson presented on the risks and solutions to unsafe crude oil transportation in the Hudson Valley. See www.riverkeeper.org/crude for more information.
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Crude Oil Transport on the Hudson- Riverkeeper & Scenic Hudson
- 1. Paul Gallay Audrey Friedrichsen President and Hudson Riverkeeper Land Use and Environmental Advocacy Attorney Crude Oil Transport on the Hudson Photo:Moses Fridlich/ Bear Mountain Bridge
- 2. Protects the Hudson River watershed and safeguards the drinking water of 9 million New Yorkers.
- 4. Crude oils are not created equal Photo: Ben Garvin Photo: DOI Shale Crude 20-25% Heavy Crude 0-5%
- 5. ~2 Daily 3M Gallons Weekly 8.4M Gallons ~1 Daily 4M Gallons
- 6. Fracked Shale Oil Moves By Rail to Albany from the Bakken Oil Shale Formation Photo: New York Times Sources: Energy Information Administration, BNSF, Canadian Pacific, CSX Graphics By Guilbert Gates and Joe Burgess
- 7. 4000% Increase in crude by rail transport from 2009 to 2013. Current market has reduced flow but markets fluctuate.
- 9. DEC turned Albany into a crude hub overnight in 2012. Photo: Mike Groll/ AP Photo
- 10. Lac-Mégantic, Quebec July, 2013 $1b+ Innocent Lives Lost 47 Fish Deformities 2016 Quebec Gov’t Report
- 11. “Federal regulators have told us to expect at least 10 major derailments of crude oil trains a year” — Kate Hudson, Riverkeeper, Director of Special Projects Puncture Prone: 1991 NTSB Report 82% are unsafe Comprehensive spill response plans are not required by law for crude by rail.
- 12. Galena, IL (March, 2015) Mt. Carbon, WV (February, 2015) Timmins, Ontario (February, 2015) Gogama, Ontario (March, 2015)
- 14. 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)
- 15. A derailment could force the evacuation of communities in Putnam A Bakken oil train explosion and fire in North Dakota in 2013 required an evacuation in a 5- mile radius. Toxic smoke from a similar oil train derailment and explosion in Orange County, carried west to east on the Hudson’s prevailing winds, could force evacuation of communities in Putnam County.
- 16. In 2014 Riverkeeper’s Boat Captain Uncovered Deteriorating Rail Bridges Along the Hudson. Afterwards, citizen inspections went nationwide.
- 18. STATE & FEDERAL ACTION May 2015 PHMSA Regulations and Congressional FAST 2016 • FAST ACT Codifies Tank Car Design & Phase-Outs (loopholes could leave cars on the rails) • Routing/Notification • Speed Limits imposed for High Threat Urban Areas (40mph cap) • Rail Bridge Transparency Improved yet Insufficient State Actions • Ports & Rail Yards(Caps, Permit Reviews, Expansion Bans) • Inspection Blitzes • Throughput Fees • Spill response fund increase ($25 to $40 million) Federal Actions • Regulations: Securement of Oil Trains • Proposed Regulations: Crew Size (currently only 1), Response Planning (Coast Guard, EPA) • Emergency Orders: Notification (state fusion centers, Speed Limits) • Coast Guard Updating Response Plans and Assets
- 19. STATE & FEDERAL INACTION • Lessons learned are being ignored (NTSB Reports) State Inaction • Insurance/Assurance – NYS Senate Action Needed • Port & Rail Yard Expansion (Pre-2013) Federal Inaction • Length/Weight Limits for trains (no answer to our petition) • OPA90 Liability Limits still less than $1 Billion • Programmatic EIS • Spill Response Technology – old & outdated (response ≠ capture) • Crude Oil Characterization
- 20. Interim Success: Upper Estuary Live Preparedness Drill Forthcoming in 2016 Updated Area Contingency Plans are coming!
- 21. “A spill may also seriously damage Hudson Valley tourism, as well as place a substantial burden on communities that draw drinking water from the Hudson River.” –Paul Kirby, The Daily Freeman 75,000 Poughkeepsie 12,288 Hyde Park 5,300 Rhinebeck 5,000 Highland 4,500 Port Ewen
- 22. Photo: The Advocate…the first tanker laden with Bakken crude—carrying as much oil as was spilled by the Exxon Valdez—ran aground and ruptured its outer hull six miles south of Albany… – Riverkeeper Letter to Poughkeepsie, Rhinebeck, Hyde Park, Highland, & Port Ewen December, 2012 12m Gallons Galveston Bay, March 2014 Barge-on-ship 168,000 Gallons Mississippi River Feb 2014 Barge-on-Barge 34,000 Gallons/96 recovered
- 24. 8.4m Gallons day ~600 Acres 79% ROW Crude Oil Refined Gasoline Kerosene Heating oil Crosses Hudson River 2x + over 232 waterways 31 Municipalities 6 Counties Drinking Water Millions NY/NJ
- 25. Huge Impacts of Pilgrim’s Dual Pipeline Construction and Operation. 168 Properties at risk of Eminent Domain ~27 State & Fed listed endangered species Farms Dozens of working farms at risk 5 Lateral Pipes (Global Newburgh Lateral ~4.5 miles long) 296 Wetland Crossings 100 Foot gash down the HV.
- 26. Huge Impacts of Pilgrim’s Dual Pipeline Construction and Operation, continued 3 State Parks Catskill, Harriman, Sterling Forest Spill Costs Rate can reach 357k gal. per hour and cost billions Runoff Stormwater impacts During Construction & Operation Property Values Pipelines negatively impact values and increase insurance premiums 35 Permanent Access roads at 1 mile intervals 4 Pumping Stations
- 27. Photo Andre J. Jackson/ MCT; Data, PHMSA A pipeline spill of more than 800,000 gallons of heavy crude affected 35 miles of the Kalamazoo River in Michigan, and hasn't been fully remediated four years later, despite a cleanup effort that has cost more than $1.21 billion. 865,200 Gallons Spilled Tioga, ND September, 2013 120,000 Gallons Spilled Santa Barbara May, 2015 4m Gallons Spilled Yearly (National Average, Source: PHMSA)
- 28. Photo: USEPA Onsite Coordinator for Mayflower, Arkansas Tar Sands Pipeline Spill. Pick Your Poison. Pipelines are not the safer alternative as industry claims. 2004-2012 Pipelines Spilled 3X as much as oil trains (Source: International Energy Agency) 2003-2013 1,880 crude oil pipeline incidents (~1 every 2 days) 44m gallons spilled $2.5b+ in property damage. (PHMSA) New pipelines are failing at a higher rate than the oldest pipelines (1940s and earlier). Source: SNL Financial
- 29. Moscow's Moskva River Bursts into Flames after Buried Underwater Oil Pipeline Bursts. August, 2015.
- 30. Communities Stand Up to Pilgrim from Albany to Linden. Significant actions on the pipeline. 1 2 3 60+ Local Governments Formally Oppose 22 NY and 38 NJ municipalities have passed resolutions formally opposing the project. 5 Groups Ask Thruway, DEC to Suspend Review Riverkeeper , Scenic Hudson and partners are urging DEC, Thruway to suspend review to prevent a waste of agency time, resources and taxpayer money based on a century old NY “TransCorp Law” that gives villages and cities a “yes” or “no” vote over the controversial oil pipelines. 5/9 Cities and Villages with veto power have already passed formal opposition resolutions. Coalition Against Pilgrim Pipelines NY/NJ is a grassroots organization comprised of homeowners, farmers, environmentalists and concerned citizens are educating their local communities, gathering petitions and advocating to local elected officials.
- 31. “The transport of crude oil on and along the Hudson River presents a grave threat—the most significant new threat we’ve faced in a generation." – Paul Gallay, Hudson Riverkeeper and President $4.7B Tourism 40Significant habitats 100k Hudson Valley Residents Drinking Water
- 32. Strategies for Increasing Safety Tar Sands on Hold. After Riverkeeper and Scenic Hudson submitted formal comments In May 2015, DEC issues a Notice of Intent to Rescind its November 2013 decision not to require an environmental review of Global’s oil heating permit request. Global has sued the DEC over this, Riverkeeper has motioned to intervene. Decision from the judge is pending. Roll Back 2012 Permits. Riverkeeper , Scenic Hudson and partners are challenging the 2012 permit of Global’s Albany facility arguing that the permit to quadruple throughput violates the Clean Air Act. Legal Watchdogs of Pilgrim Pipelines. Riverkeeper, Scenic Hudson and partners are carefully watching the environmental review process of the proposed project. 1 2 3
- 33. Strategies for Increasing Safety Cover Your Crude Requiring those storing, transferring and transporting petroleum products have adequate insurance to cover the cost of a potential disaster will incentivize safer transport. Passed Financial Assurance Legislation 135/6 in the Assembly 3/29/2016. Rail Bridge Transparency. Railroads are now subject to requests from local officials about information regarding the safety and inspection history of individual rail bridges as part of the recent highway bill known as the “FAST ACT”. Response and Preparedness. Scenic Hudson, Riverkeeper and our partners have successfully increased the spill response fund from $25 to $40 million. We are working collaboratively with the Coast Guard to stage a live drill, increase unannounced inspections of crude facilities and update response plans for the upper estuary. 4 5 6
- 34. 3 Citizen Actions Ask your State Senator to cosponsor financial assurance legislation! Call Cuomo and say, “no to Pilgrim’s use of Thruway’s Right of Way” 518-474-8390 Urge your municipality and county to oppose Pilgrim pipelines through a formal resolution. 1 2 3
- 35. Visit Riverkeeper.org/crude or http://www.scenichudson.org/ourwork/en vironmentaladvocacy/crudeoil to learn more and take action. Paul Gallay outreach@riverkeeper.org Audrey Friedrichsen afriedrichsen@scenichudson.org See our Action Table to sign letters to your Senators, take call-in scripts and model resolutions.
Notes de l'éditeur
- Poll the audience: 1. Custom Blog post riverkeeper.org/vassar designed for immediate audience action on the issue. With ready made tools including cues to social media sharing of facts and actions
- Spill response professional for NOAA say finding pockets of heavy crude oil can be impossible, as existing methods for tracking spills are not effective for tracking non floating oils. Even if found options for containment are limited because they mix with the water column. National Research Council Report on Nonfloating oils Characteristics of the Hudson make clean up difficult Heavy tidal exchange Shifting shoals Narrow navigation channels With strong, multi-directional currents, heavy oils are more likely to remain suspended in the water column or sink to the bottom of the River. Habitat diversity, meaning a range of salinity and brackish to freshland water for complicate any oil spill response effort, thus reducing the effectiveness of a response Ice, like we had this winter would present a significant challenge and a spill could travel several miles under the ice Heavy Crudes Contain higher levels of toxic pollutants than other forms of oil. Often high in polynuclear aromatic hydrocarbons (PAH’s), which are the primary source of both acute and chronic toxicity to aquatic organisms- National Research Council Committee on Marine Transportation of Heavy Oils Alberta tar sands, according to a 2007 US Geological Survey report contains 11 times more sulfur, 6 times more nitrogen, 11 times more nickel, and five times more lead than conventional oil Diltbit Corosive, aciditc and potentially unstable blend of thick raw bitument and volatile natural gas liquid condensate Chemicals in dilbit render it more likely to ignite and explode than conventional crude, also more hazardous, when exploding could release the Toxic inhilation hazard of hydrogen sulfide, causing suffication Once released into the marine environ
- 2-4 unit trains per day on CSX Hudson line Approx. 3M gal. per train (6M gal. per day) Destination: Philadelphia-area refineries` 1 barge per day from Global Partners Albany terminal Approx. 4M gal. per barge Destination: New Jersey refinery 1 tanker per week from Buckeye Partners Albany terminal Approx. 8M gal. per tanker Destination: New Brunswick, Canada, refinery Exxon Valdez spilled 11 million gallons (NOAA) Keystone XL southern leg can carry ~35 million gallons per day
- Global Partners application to install boilers to transfer heavy crude oil Buckeye Partners vision for Albany and the Hudson River as key virtual pipeline between Canadian tar sands and BORCO terminal in the Bahamas Watch: http://7online.com/447890/ New York State has already granted permits for two oil terminals in Albany owned by Global Partners LP and Buckeye Partners LP to transfer 2.8 billion gallons of crude oil from train to barge and ship with no comprehensive environmental impact study under the State Environmental Quality Review Act. http://www.bloomberg.com/news/articles/2014-07-24/albany-nears-oil-hub-status-as-100-car-trains-jam-port Albany County Executive Daniel McCoy proposed legislation yesterday requiring railroad operators to report local spills within 30 minutes or risk a $250,000 fine and as much as a year in jail. County officials weren’t notified in June after Global Partners alerted state and federal governments about a spill at the port, McCoy said in a statement. Buckeye, based in Houston, received state officials’ approval in 2013 to almost double annual capacity in Albany to 1 billion gallons of crude, and Global Partners was cleared to expand to 1.8 billion gallons a year, up from 450 million.
- Preliminary indications are that track infrastructure failures may have played a role in each of the Gogama accidents and a 3rd accident that involved a mixed manifest train on the Ruel Subdivision near Minnipuka, Ontario on 5 March 2015. Petroleum crude oil unit trains transporting heavily-loaded tank cars will tend to impart higher than usual forces to the track infrastructure during their operation. These higher forces expose any weaknesses that may be present in the track structure, making the track more susceptible to failure. http://www.tsb.gc.ca/eng/enquetes-investigations/rail/2015/r15h0021/r15h0021.asp Put funds next to each other Add photo dates
- 4000% increase according to California Senate Estimates Add dates: Aliceville, Alabama RE: Freedom of Information Law Request FMO-14-011478 Annual reports, inventories, Plans, inspections and communications between DOT and FRA NYS Railroad Bridge Infrastructure (NTSB, 1991; (TSB, 2015)
- 6 weeks, 4 derailments
- A Bakken oil train explosion and fire in North Dakota in 2013 required an evacuation in a 5-mile radius. Toxic smoke from a similar oil train derailment and explosion in Orange County, carried west to east on the Hudson’s prevailing winds, could force evacuation of communities in Putnam County.
- http://7online.com/news/inspection-finds-several-defects-with-crude-oil-tank-cars-rails-through-new-york/561887/ More than 100 years for the bridges in cornwall The federal budget is $1million and doubling that could add 7 additional federal inspectors to the program to significantly reduce the caseload "There are real threats to New York communities if an oil train derails and the state doesn't have the money to rapidly respond and properly clean it up,” – NYS Comptroller Tom DiNapoli (Capital New York, March 19)
- December 2013 – Train Derailment of Bakken Crude Oil Thousands of residents were evacuated from a 5-mile radius - Letter writing images, find a compelling picture when people write letters together. Find something from the fracking campaign that shows we can do it.
- Picture of 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, and others. http://www.dailyfreeman.com/general-news/20140405/shipments-of-crude-oil-on-hudson-river-alarm-environmentalists-but-oil-industry-envisions-job-growth
- Permits Required DEC wetlands, 401 Certification Army Corps 404 – dredging, stream crossing, wetland disturbance CZMA Coastal Consistency – (Army Corps, DOS) The Permitting Process Need for full EIS under NEPA/SEQRA in all permitting proceedings. Full review would require impact of pipeline transport of oil on climate change/ GHG emissions. Federal permits – need for ESA consultation if endangered species or their habitat is affected. 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 Glendive, Montana Jan 2015 – Pipeline breach spilled 50,400 gallons of crude oil into the Yellowstone River, contaminating drinking supplies. At time of rupture, 110 feet of pipeline lay uncovered on the bottom of the river, exposing it to damage. Three and a half years before it was 8 feet under the river. http://www.dailyfreeman.com/general-news/20150207/critics-say-proposed-oil-pipeline-along-new-york-state-thruway-presents-bigger-danger-than-rail-barge-transport
- Permits Required DEC wetlands, 401 Certification Army Corps 404 – dredging, stream crossing, wetland disturbance CZMA Coastal Consistency – (Army Corps, DOS) The Permitting Process Need for full EIS under NEPA/SEQRA in all permitting proceedings. Full review would require impact of pipeline transport of oil on climate change/ GHG emissions. Federal permits – need for ESA consultation if endangered species or their habitat is affected. 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 Glendive, Montana Jan 2015 – Pipeline breach spilled 50,400 gallons of crude oil into the Yellowstone River, contaminating drinking supplies. At time of rupture, 110 feet of pipeline lay uncovered on the bottom of the river, exposing it to damage. Three and a half years before it was 8 feet under the river. http://www.dailyfreeman.com/general-news/20150207/critics-say-proposed-oil-pipeline-along-new-york-state-thruway-presents-bigger-danger-than-rail-barge-transport
- Estimated 20% of the spill remains unrecovered. Up to 331 people reported adverse heath effects including nausea, respiratory distress, and headaches- although non required hospitalization Fined $3.7 million by USDOT and a classaction lawsuit won $6.75 million to affected communities - http://thinkprogress.org/climate/2014/12/11/3602287/enbridge-michigan-oil-spill-settlement/ 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).
- Estimated 20% of the spill remains unrecovered. Up to 331 people reported adverse heath effects including nausea, respiratory distress, and headaches- although non required hospitalization Fined $3.7 million by USDOT and a classaction lawsuit won $6.75 million to affected communities - http://thinkprogress.org/climate/2014/12/11/3602287/enbridge-michigan-oil-spill-settlement/ 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).
- How do we get ourselves from where we are now to where we want to be The governor and the state has to power to change things, how do I show people, we succeded with fracking, we will succeed with this - the governor has the power to issue an emergency order Local Economies At Risk Tourism: $4.7 billion industry Public and private investments in waterfront revitalization, public access and water/sewer infrastructure Real estate Recreation (fishing, sailing, kayaking, swimming)
- Environmental review before expansion of crude oil terminals Tougher rail safety regulations and independent inspections Increase NYS spill fund & Raise Spill Liability caps to the federal maximum Municipalities speaking out Hudson River At Risk Spawning fish habitat critical to Atlantic populations, many of which already endangered or depleted 40 state-designated significant habitats deemed “irreplaceable” Billions invested in toxic cleanup, public access and community waterfronts
- Filed a lawsuit on June 9, 2014 challenging DEC’s failure to order a full environmental review of Global Partners LP’s oil terminal expansion project in Albany Filed administrative comments opposing potential Department of State approvals necessary for Global Partners LP’s New Windsor Terminal Project and Buckeye Partners LP’s Albany Dredging Project Advocating for DEC to rescind previously granted permits that allowed for rapid expansion of crude oil transport on Hudson River without any review of environmental impacts Advocating for federal moratorium on crude oil transport in New York State Advocating for specific rail, barge, and tanker safety improvements Advocating for oil spill response capability improvements