Tag Archives: New York Gov. Andrew Cuomo

New York Governor Cuomo bans fracking

Repost from The New York Times
[Editor: this week saw dramatic action on the part of two US governors.  See also Washington Gov. Inslee: Make big polluters pay for transportation projects.  – RS]

Citing Health Risks, Cuomo Bans Fracking in New York State

By Thomas Kaplandec, Dec. 17, 2014
Members of New Yorkers Against Fracking celebrated the governor’s decision outside his Manhattan office on Wednesday. Credit Chang W. Lee/The New York Times

Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of debate over a method of extracting natural gas.

Fracking, as it is known, was heavily promoted as a source of economic revival for depressed communities along New York’s border with Pennsylvania, and Mr. Cuomo had once been poised to embrace it.

Instead, the move to ban fracking left him acknowledging that, despite the intense focus he has given to solving deep economic troubles afflicting large areas upstate, the riddle remained largely unsolved. “I’ve never had anyone say to me, ‘I believe fracking is great,’ ” he said. “Not a single person in those communities. What I get is, ‘I have no alternative but fracking.’ ”

In a double blow to areas that had anticipated a resurgence led by fracking, a state panel on Wednesday backed plans for three new Las Vegas-style casinos, but none along the Pennsylvania border in the Southern Tier region. The panel, whose advice Mr. Cuomo said would quite likely be heeded, backed casino proposals in the Catskills, near Albany and between Syracuse and Rochester.

Gov. Andrew M. Cuomo listened to a presentation on fracking at a cabinet meeting in Albany on Wednesday. Credit Mike Groll/Associated Press

For Mr. Cuomo, a Democrat, the decision on fracking — which was immediately hailed by environmental and liberal groups — seemed likely to help repair his ties to his party’s left wing. It came after a surprisingly contentious re-election campaign in which Zephyr Teachout, a primary challenger who opposed fracking, won about a third of the vote.

The question of whether to allow fracking, which involves injecting large amounts of water, sand and chemicals deep underground at high pressures to release oil and natural gas from rock formations, has been one of the most divisive public policy debates in New York in years. Fracking is occurring in many states, and has boomed in places like Pennsylvania and Texas. Environmental advocates, alarmed by the growth of the practice, pointed to New York’s decision as the first ban by a state with significant natural-gas resources.

Mr. Cuomo, who has prided himself on taking swift and decisive action on other contentious issues like gun control, took the opposite approach on fracking. He repeatedly put off making a decision, most recently citing a continuing — and seemingly open-ended — study by state health officials.

On Wednesday, six weeks after Mr. Cuomo won a second term, the long-awaited health study finally materialized, its findings made public during a year-end cabinet meeting convened by the governor in Albany.

In a presentation at the cabinet meeting, the acting state health commissioner, Dr. Howard A. Zucker, said the examination had found “significant public health risks” associated with fracking.

Holding up copies of scientific studies to animate his arguments, Dr. Zucker listed concerns about water contamination and air pollution, and said there was insufficient scientific evidence to affirm the safety of fracking.

Dr. Zucker said his review boiled down to a simple question: Would he want his family to live in a community where fracking was taking place?

CLICK TO OPEN Document Health Department Report on Fracking in New York State The Cuomo administration decided to ban hydraulic fracturing after concluding that the method posed inestimable public-health risks.

His answer was no.

“We cannot afford to make a mistake,” he said. “The potential risks are too great. In fact, they are not even fully known.”

New York has had a de facto ban on fracking for over six years, predating Mr. Cuomo’s election. In 2012, he flirted with approving a limited program in several Southern Tier counties. But that same year, he bowed to entreaties from environmental advocates, stating instead that his administration would begin a new study on health risks.

Mr. Cuomo had focused much of his attention on trying to improve the economic climate upstate, and fracking appeared to offer a solution to struggling areas atop the Marcellus Shale, a gas-rich rock formation that extends across parts of several states, including New York, Ohio, Pennsylvania and West Virginia.

But there was also strong opposition from groups worried about the effects of fracking on the state’s water supply, as well as on tourism and the quality of life in small upstate communities.

As he traveled around the state, Mr. Cuomo was hounded by protesters opposed to fracking, who showed up at his events and pressed him to impose a statewide ban. Opponents were also aided by celebrities who drew attention to their cause.

Complicating matters, dozens of communities across New York have passed moratoriums and bans on fracking, and in June, the state’s highest court, the Court of Appeals, ruled that towns could use zoning ordinances to ban fracking.

The acting state health commissioner, Howard Zucker, speaking at the meeting. Credit Mike Groll/Associated Press

Local bans, on top of restrictions that the state had planned, put 63 percent of the Marcellus Shale off limits to drilling, said Joseph Martens, the state environmental conservation commissioner. “The economic benefits are clearly far lower than originally forecast,” he said.

On Wednesday, Mr. Cuomo seemed determined to portray both of the day’s major announcements — and their consequences for upstate New York — as decisions made by experts objectively weighing the facts, not by him.

At the cabinet meeting, he conspicuously stumbled on the name of the panel that made the casino recommendations, as if to signal his lack of involvement in its work. And he kept some distance from the fracking decision, saying he was deferring to his health and environmental conservation commissioners.

“I am not a scientist,” he said. “I’m not an environmental expert. I’m not a health expert. I’m a lawyer. I’m not a doctor. I’m not an environmentalist. I’m not a scientist. So let’s bring the emotion down, and let’s ask the qualified experts what their opinion is.”

Nevertheless, environmental groups cast the governor as a hero. Michael Brune, the executive director of the Sierra Club, said, “This move puts significant pressure on other governors to take similar measures to protect people who live in their states.”

Fracking supporters accused Mr. Cuomo of giving in to environmentalists’ efforts to stoke public fears.

Karen Moreau, the executive director of the New York State Petroleum Council, attributed the fracking ban to a decision by the governor “that he wants to align himself with the left.”

“Our citizens in the Southern Tier have had to watch their neighbors and friends across the border in Pennsylvania thriving economically,” she said. “It’s like they were a kid in a candy store window, looking through the window, and not able to touch that opportunity.”

Correction: December 17, 2014
Because of an editing error, an earlier version of this article incompletely described hydraulic fracturing. It is a method of extracting natural gas or oil, not just oil, from deep underground. The error was repeated in the summary.

 

National Round-up: Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

Repost from DeSmogBlog

Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

By Justin Mikulka, 2014-12-15
ban bomb trains

Earthjustice has challenged the Department of Transportation’s denial of a petition by Sierra Club and Forest Ethics to ban the transportation of Bakken crude oil in DOT-111 tank cars.

Most of the explosive crude oil on U.S. rails is moving in tanker cars that are almost guaranteed to fail in an accident,” explained Patti Goldman of Earthjustice.

The risks are too great to keep shipping explosive Bakken crude in defective DOT-111s. The National Transportation Safety Board called them unsafe two decades ago, and by the Department of Transportation’s own estimates, the U.S. could see 15 rail accidents every year involving these cars until we get them off the tracks.”

At the same time Earthjustice was bringing this challenge, the Canadian government was announcing that it will ban 3,000 of the riskiest DOT-111s from carrying materials like Bakken crude.

And in California, where last week a train carrying grain derailed into the Feather River, democratic state senator Jerry Hill called on Governor Jerry Brown to impose a moratorium on oil trains in the state. The Feather River rail line is also used for Bakken crude oil trains.

In Toronto, the new mayor called for an end to these dangerous trains passing through the city.

I said during the campaign and I’ll repeat it now, that I think we should be moving in the direction, in negotiation with the railways and the federal government, to stop movement of toxic and dangerous substances through the city at all,” reported The Star.

Perhaps the fact that the new mayor isn’t smoking crack like his predecessor has something to do with this rather clear-headed assessment. You would, after all, have to be on crack to think running DOT-111s filled with Bakken crude through highly populated areas was an acceptable practice.

Meanwhile in Baltimore, residents are fighting a new proposal for an oil-by-rail facility that would bring these trains right through their neighborhoods.

In addition to calls for outright bans of the DOT-111s, two states recently released new studies about the oil train issue.

In New York, Governor Andrew Cuomo is looking for ways to fund the oil spill clean up fund for the state. The fund is projected to be in the red financially by 2016 and currently collects no fees from the oil companies transporting the Bakken and tar sands oil through the state. As many as 44 oil trains carrying at least 1,000,000 gallons of oil, and often more than 3,000,000 gallons, cross New York each week.

Cuomo criticized the federal government’s lack of movement on new oil-by-rail regulations referring to their progress as “unacceptably slow” according to The Record Online.

Over the past six months, our administration has taken swift and decisive action to increase the state’s preparedness and better protect New Yorkers from the possibility of a crude oil disaster,” Cuomo said. “Now it is time for our federal partners to do the same.”

Cuomo’s self-assessment of New York’s actions didn’t impress oil train activists. Sandy Steubing of Albany, NY, based group PAUSE isn’t pleased with the state’s progress.

“The Governor’s response is lame; he’s either urging other entities like the railroad and the Federal government to protect New Yorkers or he’s trying to appear like the measures he’s taking will protect us,” Steubing said. “There’s not enough foam in the entire state to protect us from an explosive derailment the likes of which we’ve seen five times since July of 2013.”

Meanwhile in Washington State, the draft of the 500-page 2014 Marine and Rail Oil Transportation Study was released. The report contains some staggering growth projections for oil-by-rail transportation in the state, as reported by The News Tribune.

The Department of Ecology’s report estimates that 12.7 billion gallons of oil were moved through the state by rail in 2013 alone and says 19 trains of roughly 100 tank cars each are passing through the state each week today. It predicts that traffic could mushroom to 137 weekly trains by 2020 if all proposed oil terminals and refinery expansion projects are permitted and utilized.

Facing this onslaught of oil-by-rail traffic for the state, Washington’s Governor Jay Inslee is proposing a new tax on oil transported through the state by rail.

In North Dakota, the birthplace of the modern oil-by-rail industry, meaningless new rail regulations will keep the bomb trains rolling. There is also a legal battle going on between the town of Enderlin and the rail operator Canadian Pacific. Canadian Pacific moves as many as 28 trains through Enderlin every day. Many stop and block roads and traffic in Enderlin causing traffic delays one would expect in Los Angeles but not in a town of 900 people in North Dakota.

In response, the town council made it illegal for trains to stop for more than 10 minutes in town. Now the town is being sued by Canadian Pacific. Unfortunately for the residents of Enderlin, Canadian Pacific has a strong argument that many municipalities are learning about now that they have become the home to oil train operations.

Kansas interstate commerce attorney Bob Pottroff explained the reality to Reuters, “Right now cities don’t have the right to tell a railroad it can’t park in the middle of their town.” If Enderlin were to win, Pottroff predicted the result could have far reaching effects as other municipalities opted to take some level of control over rail traffic within their borders.

In the face of this widespread opposition to the dangers posed by the oil-by-rail industry, there just happens to be a new industry-funded study showing that no new regulations are warranted.

The Railway Supply Institute funded a report prepared by The Brattle Group that concludes that all of the proposed regulations may have benefits but in every case they have found that the costs outweigh these benefits. In addition to this conclusion, Natural Gas Intelligence reports that The Brattle Group proposes one of the other favorite industry tactics for delaying new regulations. More research.

As communities across the country await new oil-by-rail regulations and continue to hear about close calls regarding oil train accidents the level of opposition to the dangers of transporting explosive oil in DOT-111s continues to grow. Unfortunately for them, the lobbyists for Big Oil and Big Rail are still hard at work protecting their profits above all else.

Albany NY Area officials say crude-oil transport is getting safer

Repost from The Press Republican, Plattsburgh, NY
[Editor: the safety improvements showcased here are far from adequate, nevertheless, it’s a good update on conditions in New York.  Sen. Schumer is absolutely right – the DOT-111 tank cars should be taken out of service immediately… and not just in New York.  And Bakken crude should be stabilized before it is transported (not just conditioned) … just as it is in Texas.  – RS]

Area officials say crude-oil transport is getting safer

Lohr McKinstry, December 6, 2014

LEWIS — New state regulations on crude-oil trains should help make them safer, Emergency Services officials from Essex and Clinton counties said recently.

State agencies have implemented 66 actions designed to strengthen standards, regulations and procedures to make the transport of crude oil by rail and water in New York safer and to improve spill preparedness and response.

Gov. Andrew Cuomo received a status report outlining the progress made by multiple state agencies after they were directed to evaluate the state’s capacity to prevent and address crude-oil accidents.

Local leaders have been concerned about the 100-car-plus oil trains moving through Clinton and Essex counties as the crude oil extracted in North Dakota arrives via Canadian Pacific Railway trains.

The oil is on its way to the Port of Albany, where it is stored for transport to various refineries.

IMPROVEMENTS

Essex County Emergency Services Director Donald Jaquish said he sees the new procedures as a safety benefit to the North Country.

“It’s a step in the right direction,” he told the Press-Republican. “We’re in a better position than we were a year ago.”

There’s been concern the trains could derail, and the oil burn or explode, as it has in other regions, and Jaquish praised Canadian Pacific for trying to make the tracks and tank cars safer.

“Upgrading the DOT-111 tank cars, rail replacement and maintenance, and specialized training are all beneficial to safety.

“Canadian Pacific has been helping us with training, hands-on-experience, that first responders need for these situations.”

EVACUATION PRACTICE

The tank cars are not owned by Canadian Pacific but by oil companies and vendors, and as a federal common carrier, the railroad is required to transport them.

Both the railroad and federal regulators have pushed for upgrades to the DOT-111 single-shell cars or a switch to the stronger DOT-109 or 112 cars.

“In almost any situation we get, we will be doing evacuations,” Jaquish said. “We’ve been working with Clinton County on planning and implementation.”

Clinton County Emergency Services Director Eric Day said any improvements to the transport of oil cars are welcome.

“At the end of the day, what they’ve done is good, no question,” Day told the Press-Republican. “Any regulatory move to make the DOT-111 cars safer is a plus. It’s a long time coming.”

One problem is that there are thousands of DOT-111 tank cars still in service, he said.

“There are so many of them (DOT-111 cars) out there on the tracks. They’re not going to stop moving the oil before they fix the cars. The oil is not going to stop coming any time soon.”

STATE GUIDANCE

Day said enhanced state regulations on oil shipments will be helpful.

“If there are changes that are pushed upon them (shippers), it can only make it safer. We’ve seen some of the benefits of the state’s work with regard to planning,” he said.

“We have guidance now on firefighting potential on dealing with these things. There are so many variables. Multiple cars of this crude oil on fire are a different animal.”

He said that, thanks to a donation, they now have the foam needed for such fires. The expensive product costs $30,000 for 1,000 gallons of foam but puts out crude-oil-based fires.

VOLATILE GAS

The North Dakota Industrial Commission has proposed draft regulations to remove the volatile gases from the oil before it is shipped, and Day said that provision is a good one.

“One of the things that makes the Bakken crude so volatile are the gases in the oil. The gas works its way out and is stuck in the head space of the car. If they breech, there’s flammable gas; cars that aren’t breeched and heat up, the gas could expand and be a problem.

“Removing that gas is a possibility before they put in the cars and ship it. If they could do that, it’s a big win.”

FEDERAL ROLE

Cuomo called for the federal government to mandate tank-car upgrades or replacement.

“The federal government plays a vital role in regulating this industry, and Washington must step up in order to expedite the implementation of safer policies and rules for crude-oil transport,” he said in the release.

The governor said the oil-production industry has resisted stronger tank-car standards and regulations requiring companies to reduce the volatility of crude before shipment.

A new report from the Brattle Group for the Railroad Supply Institute, a trade group, showed that a proposed federal rule to upgrade rail-tank cars could cost $60 billion.

According to the report, the high price tag is largely due to the costs associated with potential modifications to tank cars, early retirement of existing tank cars, temporarily using trucks instead of rails for transport and lost service time for tank cars under modification or awaiting modification.

‘TIME BOMBS’

U.S. Sen. Charles E. Schumer (D-NY) has also come out against use of DOT-111 cars.

“These outmoded DOT-111 tank cars … are ticking time bombs that need to be upgraded ASAP,” the senator said in a news release.

“That is why for two years, since the tragedy at Lac-Megantic, I have pushed federal regulators to phase out and retrofit these cars.

“As a result of our efforts, the federal Department of Transportation has put a proposal on the table that could start taking these cars off the tracks within two years, as well as restrict the speeds at which these trains operate.”

On July 6, 2013, a 74-tank-car train carrying Bakken light crude derailed in Lac-Megantic, Quebec, and the tank cars exploded, killing 47 people, destroying 30 buildings and spilling 1.5 million gallons of heavy crude oil.

That disaster was followed by oil-train-explosion derailments in Alabama, North Dakota, Illinois and New Brunswick, Canada.

NY Gov. Cuomo accuses federal officials of moving “unacceptably slow” on proposed rules

Repost from RecordOnline, Middletown, NY

Cuomo: Feds need to address crude-oil shipments by rail

By Leonard Sparks, Dec. 1, 2014

ALBANY – New York Gov. Andrew Cuomo called on the federal government to tighten rules governing crude-oil shipments by rail as the state released a report Monday documenting actions to protect Hudson River communities from derailment-related spills and explosions.

State rail inspectors uncovered more than 700 track and equipment defects and 12 hazardous material violations during seven inspection “blitzes” this year, according to the report, which documents New York’s progress in implementing 12 recommendations to improve safety.

Cuomo’s administration accuses federal officials of moving “unacceptably slow” on proposed rules to make crude shipments safer, including a proposal to phase-out the DOT-111 rail cars that many consider unfit for shipping oil.

“Over the past six months, our administration has taken swift and decisive action to increase the state’s preparedness and better protect New Yorkers from the possibility of a crude oil disaster,” Cuomo said. “Now it is time for our federal partners to do the same.”

Hydraulic fracturing has fueled a surge in U.S. oil production and the use of trains to carry highly flammable crude from the Bakken shale fields in North Dakota to Albany’s port. From there it is shipped by rail and water down the Hudson River valley.

On July 6, 2013, a train derailed at Lac-Megantic, a town in Quebec, Canada. Oil leaked from the train’s DOT-111 cars and ignited, causing explosions and the deaths of 47 people.

In February, a freight train pulling empty oil cars derailed in the Town of Ulster. Supervisor Jim Quigley said he has been vocal about upgrading the tank cars.

New York added five safety inspectors, began training local emergency responders and started the process of updating spill-response plans as part of a multipronged strategy to protect communities along shipment routes.

Last month, the state urged the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration to “expeditiously” remove DOT-111 cars from service or require they be retrofitted to carry oil.

Sen. Charles Schumer described the cars as “ticking time bombs.”

“I am pushing DOT to commit to the strongest of these regulations as soon as possible,” he said. “We can’t afford any delay.”