Category Archives: Environmental Impacts

Vermont: catastrophic risk to Lake Champlain

Repost from Lake Look, a publication of Lake Champlain Committee
[Editor: An excellent and thorough look at crude oil train derailment risks in and around Lake Champlain.  – RS]

Rail transport of oil poses risk to Lake Champlain

By Lake Champlain Committee Staff Scientist Mike Winslow   |  April, 2014
An oil train rolls south along the shores of Lake Champlain. Photo by Frank Jolin

The sound of trains clacking along the rails that abut Lake Champlain has become more common recently with the dramatic increase in freight traffic attributed to fossil fuel extraction. Each week approximately 60 million gallons of oil travel along the lake carried by 20 trains with up to 100 cars each. The U.S. now meets 66 percent of its crude oil demand from production in North America with tremendous growth in outputs from Canada and the Bakken oil fields of North Dakota. In October 2013 U.S. crude oil production exceeded imports for the first time since February 1995.

Oil produced from the Bakken fields is very light. That means it flows easily, but it also means it is more volatile and flammable. As a result, the potential property damage and loss of life associated with rail accidents involving Bakken oil is higher than oil from other sources. In January of this year two federal agencies issued a safety alert warning of these risks.

The alert was triggered by a series of devastating accidents. The Federal Railroad Administration statistics suggest that on average at least one car slips off the tracks every day. There have been six major derailments between the beginning of 2013 and mid-January 2014. The most infamous occurred on July 5, 2013, in Lac Megantic, Quebec. An improperly secured train began rolling on its own, and 63 cars derailed near the center of town. Derailment led to multiple explosions and fires, evacuation of 2,000 people, and 47 fatalities. On Oct. 19, 2013, 13 tank cars derailed in Alberta leading to evacuation of 100 residents. Three cars carrying propane burned following an explosion. On Nov. 8, 2013, 30 cars derailed in a wetland near Aliceville, Ala., and about a dozen were decimated by fire. On Dec. 30, 2013, two trains, one carrying grain and one oil, collided in Casselton, N.D. Twenty of the oil train cars derailed and exploded leading to evacuation of 1,400 people. On Jan. 7, 2014, 17 cars derailed in New Brunswick and five exploded leading to evacuation of 45 people. On Jan. 20, 2014, seven cars derailed on a bridge over the Schuylkill River in Philadelphia, though no oil leaked. More recently, 15-17 cars derailed in Lynchburg, Va., on April 30. Three fell into the James River and one burst into flames. There were no injuries but 300-350 people had to be evacuated and oil leaked into the James River. The state estimated 20,000 to 25,000 gallons escaped during the wreck.

Our region is no stranger to train derailments. In 2007, a northbound Vermont Railways freight train derailed in Middlebury spilling gasoline into Otter Creek and leading to the evacuation of 30 streets in the vicinity. Trains have also derailed along the Lake Champlain route. In 2007, 12 cars derailed near Route 22 in Essex, N.Y., the same stretch of tracks now carrying volatile oil.

Concern over the state of North American freight rail safety predates the increase in oil shipments. In 2006 the Toronto Star ran a five-part series on rail safety. They noted “Canadian freight trains are running off the rails in near record numbers and spilling toxic fluids at an alarming rate, but only a tiny fraction of the accidents are ever investigated.”

In contrast to Bakken field oil, tar sands oil is very heavy. Cleanup of tar sands oil following accidents is extremely difficult. The oil sinks rather than floating, making containment very difficult.

The greatly increased traffic in oil has further strained railroad infrastructure. According to an article in Pacific Standard Magazine, 85 percent of the 92,000 tank cars that haul flammable liquids around the nation are standard issue DOT-111s. They have been referred to as “Pepsi cans on wheels.” These cars are built to carry liquids, but lack specialized safety features found in pressurized tanks used for hauling explosive liquids. The industry has agreed to include additional safety features in any new cars put on the tracks, but since rail cars have an economic life of 30 to 40 years, conversion to the newer cars has been slow.

One relatively new risk is the predominance of “unit trains.” These are long series of cars all shipped from the same originating point to the same destination. Often the cars will all carry the same product. It used to be that oil cars were mixed in with other freight cars bound for different locations. Unit trains are a greater risk in part because safety standards are based on the carrying capacity of a single car and don’t account for the greater volumes that unit trains can transport. The National Transportation Safety Board, an independent federal agency charged with investigating accidents, has called on the Federal Railroad Administration to change this standard.

Recently, an oil company submitted plans to build an oil heating facility in Albany, N.Y. The facility would be used to heat oil shipped via rail. The oil would then be transferred to barges and floated to refineries. If permitted, a heating facility would draw increased transport of Canadian tar sands, which needs to be diluted or heated for loading or unloading, through the Lake Champlain region. In contrast to Bakken field oil, tar sands oil is very heavy. Cleanup of tar sands oil following accidents is extremely difficult. The oil sinks rather than floating, making containment very difficult. When a pipeline carrying tar sands oil broke near Kalamazoo, Mich., 850,000 gallons spilled. The resulting cleanup cost over $1 billion and costs were “substantially higher than the average cost of cleaning up a similar amount of conventional oil,” according to a report prepared by the Congressional Research Service.

In November of 2013, the New York Department of Environmental Conservation (DEC) declared the proposed facility would have no significant environmental impacts. However, public outrage led them to reconsider that declaration, expand the public comment period, and seek additional information from the proponents. Still, the additional requested information only touches the tip of the facility’s impacts on the region. The facility should undergo a full environmental impact review that includes potential impacts on freight shipping throughout the region including along Lake Champlain.

The increased risk associated with more oil transport along Lake Champlain and in the region seemed to catch regulators by surprise, but they are reacting now. On Jan. 28, N.Y. Gov. Andrew Cuomo issued an executive order directing several state agencies to do a top-to-bottom review of safety procedures and emergency response preparedness related to rail shipments of oil. On Feb. 26, Sen. Schumer called for the phase-out of all DOT-111 rail cars and reduction in rail speed limits in heavily populated areas. On March 4, Cuomo sent a letter to the secretaries of the departments of Homeland Security and Transportation urging them to expedite and strengthen rail safety standards, require reporting by railroad companies of derailments, increase inspections and identify and track rail cars carrying crude oil. On April 10, the DEC issued a joint press release with EPA and the Coast Guard committing the agencies to enhance emergency preparedness and response capabilities for potential crude oil incidents. On April 30, Gov. Cuomo wrote a letter calling on President Barack Obama to prioritize federal actions to reduce risks of future train derailments.

Delays by the Federal Railroad Administration in updating standards to reflect the greatly increased traffic of potentially explosive Bakken crude oil all around the country puts people, communities, Lake Champlain and other waterways at risk. The administration needs to act before another disaster like what occurred in Lac Megantic occurs here or elsewhere. Train whistles echoing off the lake should elicit wistful thoughts of faraway places, not shudders of dread.

Lake Look is a monthly natural history column produced by the Lake Champlain Committee (LCC). Formed in 1963, LCC is the only bi-state organization solely dedicated to protecting Lake Champlain’s health and accessibility. LCC uses science-based advocacy, education, and collaborative action to protect and restore water quality, safeguard natural habitats, foster stewardship and ensure recreational access.

Texas fracking verdict puts industry on notice about toxic air emissions

Repost from The Center For Public Integrity

Texas fracking verdict puts industry on notice about toxic air emissions

A nearly $3 million jury verdict against a Texas oil and gas company highlights regulatory failures and health risks linked to fracking

By David Hasemyer  |  May 28, 2014 
A TCEQ investigator filmed these "heavy plumes" of emissions wafting from the Aruba facility using an infrared camera. Thirty seconds later he reportedly “felt the physical effects of dizziness and a sore throat”.   Screenshot from TCEQ video
A TCEQ investigator filmed these “heavy plumes” of emissions wafting from the Aruba facility using an infrared camera. Thirty seconds later he reportedly “felt the physical effects of dizziness and a sore throat”. Screenshot from TCEQ video

Between February 2010 and July 2011, Lisa and Bob Parr filed 13 complaints about air pollution from gas and oil operations near their ranch in Wise County, Texas. Sometimes they had trouble breathing, they told the Texas Commission on Environmental Quality (TCEQ). They also experienced nausea, nosebleeds, ringing ears and rashes.

Other families were also alarmed. Between 2008 and 2011, the TCEQ received 77 complaints from Wise County, in the Barnett Shale drilling area in North Texas. One said the odor was so powerful that the complainant “couldn’t go outside,” according to the TCEQ report.

Frustrated and angry, the Parrs decided to sue. Their attorney warned them that lawsuits against the oil and gas industry rarely, if ever, succeed. But the Parrs persisted and last month won what appears to be the first successful U.S. lawsuit alleging that toxic air emissions from oil and gas production sickened people living nearby. A Dallas County jury found that Aruba Petroleum, a privately owned company based in Plano, Texas, “intentionally created a private nuisance” that affected the family’s health and awarded the Parrs almost $3 million in damages.

“When you don’t have a strong regulatory system, a system to prevent what happened to this family, the only place left to turn for help is the courts,” said Robert Percival, director of the University of Maryland’s Environmental Law Program.

There are no assurances the verdict against Aruba will survive an appeal or lead to regulatory changes in Texas or any of the other states where people complain their health is jeopardized by gas and oil drilling. The issues are so complex that the industry, the public and policy makers may be sorting through them for years.

Aruba has asked Judge Mark Greenberg, who presided over the Parrs’ case, to reverse the jury’s verdict. Greenberg is expected to hear arguments over the verdict in June.

“This case will be looked at very, very closely because it has set the stage in a way that has never been set before,” said attorney Tomas Ramirez. He represents two families in similar lawsuits in the booming Eagle Ford Shale of South Texas, where emissions are raising the same alarms that have been sounding in the heavily developed Barnett Shale region the Parrs call home.

Aruba used two long-standing industry arguments in its defense: That the emissions could have come from one of its competitors’ wells, and that it was in compliance with Texas environmental rules.

The fact that those arguments failed in this case “exposes every company to more possible litigation,” said Thomas McGarity, a University of Texas law school professor who specializes in environmental and administrative law.

“Losing this case was not good for the industry,” McGarity said. “My guess is the industry will coalesce around this case. The industry will want to stop the dam from breaking wide open … This is where they will take a stand.”

Aruba officials declined requests for interviews but released a statement though a public relations firm that said: “We contended the plaintiffs were neither harmed by the presence of our drilling operations nor was the value of their property diminished because of our natural gas development.”

In a motion to overturn the verdict, company lawyers argued “there is no evidence that Aruba engaged in any conduct intended to cause harm … Aruba’s operations complied with best industry practices and met the standard for a reasonable and prudent oil and gas operator.”

NTSB Investigating Lynchburg, Virginia Crude Oil Derailment

Repost from The Legal Examiner

NTSB Investigating Virginia Crude Oil Derailment

Posted by Patrick Austin  |   May 27, 2014

The National Transportation Safety Board (NTSB) is taking charge of the investigation of an oil train on April 30 that was hauling crude oil through Lynchburg, Virginia (VA). However, it will be many months before any conclusions are reached and recommendations issued.

According to Investigator Jim Southworth, these incidents happen fast but they take a long time to go through. At this point, the NTSB is gathering facts before moving into analysis. Depending upon how complex the oil accident was, it could take 6-18 months before the report is completed.

csx

Personnel from the Federal Railroad Administration, Pipeline and Hazardous Materials Safety Administration, Environmental Protection Agency, Lynchburg’s fire and police departments, labor unions, and CSX Transportation are helping with the investigation, he said.

Several working groups will look at train operations, communications, mechanics, the track and several other areas. These groups then will meet each day to share the information they glean. The preliminary investigation has shown that the train had 105 cars of crude oil and was traveling under the 25 MPH speed limit when the train derailed. Three cars were dumped into the James River.

A total of 13 cars on the CSX train derailed on April 30 at 2:30 PM as it rolled through Lynchburg. Three tankers broke out in flames and nearby residences and businesses had to be evacuated.

CSX removed all of the cars that did not derail, in coordination with local first responders. The railroad also is now doing an environmental assessment that includes air, water and land-based assessments of potential environmental effects.

Photo essay: Tar-sands Country, Alberta, Canada

Repost from MSNBC
[Editor: This is a beautifully written and photographed documentary of the Alberta, Canada communities suffering under the grab for tar-sands bitumen, which Valero admits could allowably be part of its crude-by-rail import “mix” (in its diluted form, known as “dilbit”).  Read below, and click on the photo to see the photo essay.  -RS]

How Fort McMurray became an energy industry gold mine

By Olivia Kestin and Ned Resnikoff

Photo essay
Photos by Philippe Brault/Agence VU/Pictures from “Fort McMoney” directed by David DufresneyHighway 63 in North Alberta, Dec. 16, 2012. In the winter the road becomes entirely ice. It is called the "the highway of death" because the traffic is heavy and car crashes are deadly. On this road, approximately 150 miles north of Fort McMurray is Fort Chipewyan, one of the oldest communities in the area and home to native groups in North Alberta.

Whether you see it as the key to energy independence or the next step toward environmental catastrophe, tar sands oil’s transformative power cannot be denied. And nowhere is that power felt with more bracing immediacy than in the shale oil boomtowns.

Fort McMurray, in Alberta, Canada, is one such town. Once a sleepy rural village with a population of barely 2,500, “Fort Mac” now has 100,000 residents, many of whom work in the energy industry. The change began in 1967, when Suncor (then known as Sun Company of Canada) finished construction of its Fort McMurray oil sands plant. Since then, the town has practically lived and breathed black gold.

Today, Alberta exports over one million barrels of oil per day to the United States, and the energy industry accounts for over one quarter of the province’s GDP. The Keystone oil pipeline, currently the subject of a heated political battle in the United States, is just one of many pipelines which shuttle those millions of barrels into the United States around the clock. Even if President Obama acquiesces to the demands of environmental activists and blocks the Keystone XL pipeline extension, the blow would barely dent U.S. reliance on Alberta’s rapidly expanding tar sands operation. Fort McMurray, which rests atop the fruitful Athabasca tar sands deposit, is at the center of the boom.

That operation has done wonders for Fort McMurray’s economy, but that’s not all it has done. Tar sands oil is an especially hazardous fossil fuel, producing an estimated 12% more emissions than regular crude oil. Alberta health officials have confirmed that the cancer rate near oil sands is higher than expected, but the vice president of Alberta Health Services says there is “no cause for alarm.” Fishers have repeatedly found deformed fish in Lake Athabasca, near the oil sands.

Photojournalist Philippe Brault traveled to Fort McMurray to witness up close how the oil energy has reshaped nature and society there. His photographs document everyday life in the heart of an energy industry gold mine.

Brault’s photos are featured in the interactive web documentary, “Fort McMoney,” directed by David Dufresne and produced by Toxa, Arte, and the ONF (Canada). The multimedia series is an innovative part game part documentary where players step into the world of Fort McMurray.