Tag Archives: New York Gov. Andrew Cuomo

OPINION: Governor DOES have authority to stop crude by rail

Repost from The Albany Times Union
[Editor:  Has anyone researched similar legal authority in California?  Under what jurisdictional authority would Governor Brown have power to stop crude oil trains, regardless of federal preemption?  – RS]

State’s next gamble is oil trains

By Christopher Amato and Charlene Benton, March 19, 2015

Having won approval for legalized casino gambling in New York, Gov. Andrew Cuomo is now rolling the dice on oil trains. The string of oil train disasters over the last year and a half, including four derailments in the past month in West Virginia, Illinois and Ontario resulting in massive fires, explosions and air and water pollution, shows that transporting crude oil in unsafe rail cars poses a significant threat to New Yorkers’ lives and property and the state’s natural resources.

Indeed, the oil train report prepared at the governor’s direction by five state agencies and the scores of oil train safety violations detected by federal and state inspectors confirm the dangers of transporting oil in unsafe rail cars. Yet the governor refuses to use the state’s authority to end this hazardous practice. Instead, he claims — incorrectly — that only the federal government has the authority to protect New Yorkers from the dangers of oil trains.

The Environmental Conservation Law authorizes the commissioner of the Department of Environmental Conservation to order the immediate discontinuance of any condition or activity that he finds “presents an imminent danger to the health or welfare of the people of the state or results in or is likely to result in irreversible or irreparable damage to natural resources.”

In 1990, then-DEC Commissioner Tom Jorling ordered several companies to halt the transportation of oil and sludge in unsafe barges. In that case, a federal appeals court ruled that federal law did not prevent the commissioner from exercising his emergency authority.

In October 2014, we submitted a petition to DEC on behalf of a broad coalition of community and environmental organizations requesting that Commissioner Joe Martens use his authority to prohibit the receipt and storage of crude oil in unsafe rail cars at the Albany oil terminals operated by Global Cos. and Buckeye Partners. Recently, DEC rejected the petition in a two-page letter, claiming that only the federal government can act to protect New Yorkers.

If, as the federal appeals court has held, federal law does not prevent the DEC commissioner from ordering an emergency halt to the transport of oil and sludge in unsafe barges, why can’t the commissioner order a halt to the receipt and storage of crude oil in unsafe rail cars? Given the high stakes, isn’t this course of action at least worth trying?

The Cuomo administration has repeatedly claimed that New York is the most aggressive state in the nation taking action on the threats posed by the rail transportation of highly volatile crude oil. But a recent news story reported that dangerous oil train shipments in New York have expanded on Cuomo’s watch, while other states like Washington are blocking crude-by-rail projects or requiring a full environmental, health and safety review of such projects.

The U.S. Department of Transportation estimates that an average of 10 oil train derailments will occur each year for the next two decades, and predicts that a derailment in a populated area — such as Albany — could kill hundreds of people and result in billions of dollars in damages. It is time for the Cuomo administration to stop gambling that New York will escape the type of oil train catastrophe that has already occurred in Alabama, Virginia, North Dakota, West Virginia, Illinois, Ontario, New Brunswick, and Quebec. If the governor’s luck runs out, it may cost New Yorkers their lives.

Christopher Amato is an attorney at Earthjustice, a nonprofit environmental law firm. Charlene Benton is president of the Ezra Prentice Homes Tenants Association, which represents public housing tenants in Albany’s South End.

Former Albany Council Member: State has power to halt oil trains

Repost from The Albany Times Union

State has power to halt oil trains

By Dominick Calsolaro, Letters, March 18, 2015

A recent article (“More oil train crashes predicted,” Feb. 23) by The Associated Press says it all: “The federal government predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing more than $4 billion in damage and possibly killing hundreds of people if an accident happens in a densely populated part of the U.S.”

Crude oil transport by rail must be stopped in New York state, immediately. In light of the report by the U.S. Department of Transportation and the recent crude oil train derailments and explosions in Illinois and West Virginia, state Department of Environmental Conservation Commissioner Joe Martens and Gov. Andrew Cuomo can no longer hide behind the mantra that crude oil transport by rail is the federal government’s problem and the state has no authority in the matter.

The governor and commissioner are legally required to protect the health, safety, welfare and property of citizens. U.S. Sens. Chuck Schumer, D-N.Y., and Cory Booker, D-N.J., as well as Larry Mann, principal author of the Federal Railroad Safety Act, have publicly stated crude oil by rail is dangerous and potentially deadly. A summary abatement order by Martens to ban all rail transport of crude oil until it is proven that such transport is safe is well within Martens’ power.

The people cannot wait for another catastrophe before our leaders take action.

Dominick Calsolaro
Albany
Former Albany Common Council member

Albany NY: Year in review top news – crude by rail

Repost from The Times Union, Albany NY
[Excellent month-by-month review of CBR developments in New York’s capital region, and an excellent group of 14 photos.  – RS]

Albany’s Top 10 stories: Region a hub in oil train surge

Converging lines drove growth in shipment
By Brian Nearing, December 29, 2014
View of the courtyard between the apartment buildings and the rail line that carries oil tankers to the Port of Albany  Wednesday, July 16, 2014, at Ezra Prentice Homes in Albany, N.Y. (Cindy Schultz / Times Union) Photo: Cindy Schultz / 00027815A
View of the courtyard between the apartment buildings and the rail line that carries oil tankers to the Port of Albany Wednesday, July 16, 2014, at Ezra Prentice Homes in Albany, N.Y. (Cindy Schultz / Times Union)

More oil trains kept a-rollin’ last year in Capital Region from the booming Bakken fields of North Dakota, where massive hydrofracking has helped drop national gasoline prices below $3 a gallon.

It was only two days into 2014 in the aftermath of a massive oil train derailment and fire in North Dakota when federal regulators warned that Bakken crude was more likely to catch fire than regular crude. And at year’s end, critics were warning that federal plans to phase out less-sturdy versions of the most common rail tankers during the next two years were too slow.

In between, massive trains pulling dozens of all-black tanker cars — carrying millions of gallons of crude and ominously called bomb trains by opponents — kept coming.

Because of its geographic location, with rail lines converging from all four directions and its access to the Hudson River, Albany has become a major oil shipping hub, which drew little public attention when the oil boom began taking shape some five years ago.

Some oil is unloaded at the port for shipment down the Hudson in barges or tankers, while other oil continues by rail either south along the Hudson River to coastal refineries in New Jersey and Pennsylvania or north along Lake Champlain to Canada.

And there are many more trains than just a couple years ago. For the first 10 months of 2014, more than 672,000 oil-filled tanker cars moved by rail in the U.S., an increase of more than 13 percent from the previous period of 2013, according to federal statistics. That was more than twice as many as the 300,000 rail oil tankers that moved for the same period in 2011.

But for part of the oil train story in Albany, 2014 will end the way it began, with the state Department of Environmental Conservation still weighing plans by an oil terminal operator at the port, Global Partners, to build a facility that heats crude oil to make it easier to pump in cold weather.

Bakken crude doesn’t have to be heated in the cold, leading many to conclude Global wants to begin accepting trains carrying Canadian tar sands oil, a thicker crude that must be heated to be pumped in the cold. Global has never said either way. DEC extended the comment period on the project eight times amid growing community opposition.

Global and another terminal operator, Houston-based Buckeye Partners, have DEC permission to ship 2.8 billion gallons of oil a year that is arriving by rail. By the end of January, Gov. Andrew Cuomo had ordered a state review of safety and spill control plans while also pressing the Obama administration to act faster to toughen rules on the burgeoning energy network.

The governor did not wait for the report to act. By February, he was touting the first rail-safety inspections at the Port of Albany and elsewhere by state and federal regulators. By year’s end, eight such inspection “blitzes” had been done involving nearly 7,400 rail cars, including more than 5,300 oil tankers, and nearly 2,700 miles of track. A total of 840 defects have been uncovered.

In March, Albany County Executive Daniel P. McCoy slapped a county moratorium on Global’s crude heating project. By July, as many as 42 oil trains each week — each holding more than 100 million gallons of Bakken crude — were coming into Albany from North Dakota, according to figures released by the state Division of Homeland Security and Emergency Services.

This summer, two major rail companies — CSX and Canadian Pacific — revealed information about their shipments under an emergency federal order intended to help inform local emergency workers of potential risks. CSX transports oil through 17 counties on a line that runs upstate from Lake Erie and eastward roughly along the Thruway corridor, while CP runs oil through five counties in the Capital Region and the North Country on the way from Canada.

The region can expect to see trains for a long time. By October, a Canadian Pacific official predicted increased transport of tar sands crude oil from Alberta in coming years would account for about 60 percent of the railroad’s oil revenue. That same month, the DEC rejected oil train opponents’ claims that the state had the power to immediately ban the most common type of tanker cars — called DOT-111s — from entering the port loaded with flammable oil.

Also in October, Global quietly withdrew plans before the DEC for a new oil terminal facility on the Hudson River in New Windsor, Orange County, so that oil could be moved from massive crude oil tanker trains onto vessels to continue downriver to coastal refineries. The company also announced it had voluntarily stopped using the oldest, least sturdy models of DOT-111s.

By December, officials in North Dakota announced new safety rules on Bakken crude oil shipments aimed at reducing its potential explosiveness, but the limits would not affect about 80 percent of oil arriving daily in Albany, leading oil train opponents to criticize the rules as almost meaningless.

And it looks like the surge of oil trains will continue to grow. According to the U.S. Energy Information Administration, two refineries in Linden, N.J., and Philadelphia are adding crude-by-rail terminals to handle up to 8.8 million gallons a day of incoming shipments.

For oil trains from North Dakota and Canada to reach these refineries, the trip would have to pass through Albany.

Inspection finds faulty switch, critical rail and tank car safety defects

Repost from The Times Union, Albany NY

Faulty switch slows trains

Speed limit lowered after defect that could cause derailment found
By Brian Nearing | December 15, 2014
Port-of-Albany_650
Oil tanker and freight cars at the Port of Albany are seen from Corning Tower Monday afternoon, Dec. 15, 2014, in Albany, N.Y. Speed limits for trains were lowered on tracks near a large industrial park near Voorheesville that are commonly used by massive trains carrying flammable crude oil after state and federal safety inspectors found a faulty switch that could have caused a derailment. (Will Waldron/Times Union)

Trains were slowed on tracks last week near a large Albany County industrial park — where passing trains routinely carry dozens of tankers filled with flammable crude oil — after state and federal safety inspectors found a faulty switch that could have caused a derailment.

That switch, which feeds trains into the 550-acre Northeast Industrial Park, was examined Dec. 9 as part of the eighth statewide inspection of oil trains and tracks ordered by Gov. Andrew Cuomo in response to safety concerns about a surge of crude oil shipments through New York from the Bakken fields of North Dakota.

The switch is about three miles north of the village of Voorheesville and feeds trains into the park, which itself contains about 15 miles of tracks.

“We have sent inspection crews to check rail tracks and crude oil cars across New York and we continue to find critical safety defects that put New Yorkers at risk,” the governor said in a statement issued Monday. “We will remain vigilant and will continue to use all available resources to ensure that crude oil transporters are held to the highest safety standards.”

In the Capital Region, the speed limit on the CSX-owned track around the switch was lowered from 50 mph to 25 mph last week after inspectors from the state Transportation Department and Federal Railroad Administration found the switch was too narrow by just an eighth of an inch, said DOT spokesman Beau Duffy.

The switch could have been damaged by passing trains, or could cause a train to derail, he said. Duffy said the switch was repaired and higher speed limits have been restored.

The park is owned and managed by the Schenectady-based Galesi Group. A spokeswoman for company Chief Operating Officer David Buicko said the company was not made aware of the switch issue and learned of it from a Times Union reporter.

“We are committed to strong, ongoing and long-term coordination with state and local officials and will continue our aggressive program of inspection and maintenance of the entire CSX network,” said CSX spokesman Rob Doolittle. “Upon being made aware of the defect, CSX implemented a speed reduction in that area. The switch was repaired over the weekend and the speed restriction has been lifted.”

Cuomo’s office announced that state and federal inspectors examined about 95 miles of track — from Schenectady to Selkirk, and from Albany to Whitehall in the Capital Region, as well as from Plattsburgh to the Canadian border in the North Country.

In addition to the faulty switch, inspectors found about 30 violations on tracks, including “critical problems” like missing bolts from a rail joint and an “insecure switch point heel.”

Inspectors at the Canadian Pacific Railway-owned Kenwood yard at the Port of Albany also examined 478 DOT-111 tanker rail cars, which are commonly used to haul Bakken crude. Found were 16 “non-critical defects,” including worn brake shoes, defective wheels and other issues.

Non-critical rail defects must be repaired within 30 days. Non-critical tank car defects must be fixed before the train departs the yard.

Other inspections were done at rail yards and tanker cars in western New York, uncovering another five “critical defects,” including two broken rails at the Dunkirk and Buffalo-Frontier rail yard, and DOT-111s with defective brakes, a cracked weld and missing bolts.