Tag Archives: Environmental Protection Agency (EPA)

Three derailments are three too many

Repost from the Winona Post

Three derailments are three too many

By Kat Eng, Honor the Earth volunteer, 11/23/2015
Train derailment, Alma, Wisconsin << CBS Minnesota

It’s hard to believe Andy Cummings, spokesperson for Canadian Pacific Railway, when he says CP Rail feels it is “absolutely” safe to resume the transportation of oil in the wake of the three derailments last week in Wisconsin.

The first derailed (BNSF) train hurled 32 cars off the tracks outside of Alma, Wis., pouring more than 18,000 gallons of ethanol into the Mississippi River upstream of Winona. The Environmental Protection Agency (EPA) report notes that ethanol (denatured alcohol) is flammable and toxic to aquatic organisms and human life — and it’s water soluble. Though the EPA and Wisconsin DNR admitted they could not remove the toxic product from the water; site coordinator Andy Maguire claims that since they cannot detect concentrated areas of ethanol, it is not negatively impacting the surrounding aquatic life. This was the third derailment on the Upper Mississippi River Wildlife Refuge in the last nine months, according to the community advocacy group Citizens Acting for Rail Safety (CARS).

The next day, 13 DOT-111 tankers with upgraded safety features derailed in Watertown, Wis., spilling crude oil and forcing residents to evacuate from properties along the CP tracks. Four days later, another train derailed a mere 400 feet from that spill site.

Train derailment, Watertown, Wisconsin << fox6now.com

How can we possibly feel safe with ever-greater amounts of toxic products hurtling down inadequately maintained infrastructure every single day? A report released last week by the Waterkeeper Alliance found that “[s]ince 2008, oil train traffic has increased over 5,000 percent along rail routes … There has also been a surge in the number of oil train derailments, spills, fires, and explosions. More oil was spilled from trains in 2013 than in the previous 40 years combined.”

Emergency management has become routine rather than remedial. Teams show up, “contain” the spills, replace some track, and the trains roll on. With forecasts that Canadian oil production will expand by 60,000 barrels per day this year, and an additional 90,000 barrels per day in 2016, toxic rail traffic shows no signs of decreasing.

Energy giant Enbridge has taken this as its cue to size up northern Minnesota and plot pipeline (through Ojibwe tribal lands and the largest wild rice bed in the world) between the North Dakota Bakken oil fields and refineries in Wisconsin and Illinois. Its momentum depends on us puzzling over the false dichotomy of choosing to move oil by pipeline or by rail. At the June 3 Public Utilities Commission hearing, it admitted the proposed Sandpiper/Line 3 pipeline corridor will not alleviate railway congestion but rather potentially reduce “future traffic.” It uses this assumption of unregulated growth to make people today think they have no choice but to sell out the generations of tomorrow.

Proponents of the line want us to choose our poison: will it be more explosive trains or more explosive trains and leaky pipelines? What if an oil tanker derailed on Huff Street in the middle of rush-hour traffic and we became the next Lac-Mégantic (where an oil train exploded downtown killing 47 people)? What if a hard-to-access pipeline spewed fracked crude oil into the headwaters of the Mississippi River?

The real harm is in the delusion that we should accept and live with these risks. It is delusional that despite repeated derailments and toxic spills, business should continue as usual. It is delusional to think the oil and rail industry have our communities’ best interests at heart.

We have the vision, the intelligence, and the technology to choose a way forward that does not compromise our resources for the generations to come. As Winona Laduke says, “I want an elegant transition. I want to walk out of my tepee, an elegant indigenous design, into a Tesla, into an electric car, an elegant western design.” Fossil fuels are history. We need to keep them in the ground and pursue sustainable energy alternatives or risk destroying the water and habitat on which all our lives depend.

 

Pittsburg CA: Suit claims EPA failed to investigate

Repost from the Contra Costa Times

Pittsburg: Suit claims EPA failed to investigate complaints of environmental discrimination

By Bay City News Service, 07/21/2015 09:43:40 AM PDT

PITTSBURG – A consortium of environmental groups sued the U.S. Environmental Protection Agency for failing to investigate complaints of discrimination in the placement of power plants or hazardous waste dumps in various locations across the country, including two power plants in Pittsburg.

The EPA has 180 days to respond to the complaints, but according to the suit, which was filed on July 15, the federal regulator has not responded to the complaints in 10 to 20 years in some cases.

The suit includes allegations about facilities in Michigan, Texas, New Mexico, Alabama and California.

In Pittsburg, the suit alleges that the local regulatory agencies — the Bay Area Air Quality Management District, the California Air Resources Board, and the California Energy Commission — discriminated against residents by locating two power plants in an already environmentally over-burdened area, according to Marianne Engelman Lado, a lawyer with Earthjustice, which is representing the plaintiffs.

“This is in a community where people have high rates of asthma or cancer and they were concerned that these plants would add to that,” Engelman Lado said.

Californians for Renewable Energy, or CARE, filed a complaint with the EPA’s Office of Civil Rights in April 2000 charging the local agencies discriminated against the predominantly nonwhite and low-income residents by failing to consider the additional environmental burden of the two new plants, the complaint alleges.

Permitting for the plants, the Los Medanos Energy Center LLC and Delta Energy Center, continued and the plants were approved and went online in 2001 and 2002, respectively, according to the complaint. The EPA accepted the complaint in December 2001 but has yet to conduct an investigation into the allegations, despite attempts in 2006 and 2009 by CARE to prompt the federal agency to respond, the complaint alleges.

In June 2002, the EPA classified Los Medanos Energy Center as being in “significant violation” of the Clean Air Act and over the last five years the facility has had to pay over $3,000 in fines for violating the act, according to the complaint.

In the meantime, residents have been suffering the consequences, Engelman Lado said.

“The plants are still standing and they’re polluting,” she said. “They’re emitting toxins and the community is living with that everyday.”

Engelman Lado said it’s clear the EPA has violated the law, and she’s hoping the lawsuit will result in the EPA completing their investigation.

Engelman Lado added she’s confident that when the EPA does complete the investigation, it will make findings of discrimination.

“We would hope, whether through a court order or by sitting down at the table, we could bring resources to bear to say, ‘What can we do to help these communities who are suffering from a lack of infrastructure or resources,'” she said.

That could take the form of more monitoring, infrastructure to mitigate some of the negative impacts of the power plants, or more extensive buffers between the community and the plants.

A representative from the EPA did not return a request for comment.

California Environmental Groups Sue to Stop Fracking

Repost from Public News Service

California Environmental Groups Sue to Stop Fracking

By Suzanne Potter, June 11, 2015

LOS ANGELES – California environmental groups filed suit Wednesday to block a Bureau of Land Management (BLM) plan to allow fracking and oil drilling on more than one million acres of public land.

According to Patrick Sullivan with the Center for Biological Diversity, the BLM environmental assessment was inadequate.

“We think the federal government needs to go back to the drawing board and take a really hard look at fracking pollution threats to water, air and public health,” he says.

The environmental lawfirm Earthjustice filed the suit on behalf of the Center for Biological Diversity and Los Padres ForestWatch. Oil companies named in the suit maintain their operations are safe and comply with all regulations.

Sullivan says fracking and oil drilling put the environment and nearby residents at risk.

“The EPA has found instances in which fracking has contaminated drinking water across the country,” he says. “Here in California we know oil companies have dumped waste fluid into protected underground aquifers.”

The federal lands in question stretch across the San Joaquin Valley, southern Sierra Nevada and along the Central Coast in Ventura, Santa Barbara and San Luis Obispo counties.