PEER – NO SURPRISE FEDERAL PIPELINE SAFETY EXERCISES SINCE 2005

PEER – NO SURPRISE FEDERAL PIPELINE SAFETY EXERCISES SINCE 2005.

For Immediate Release: Jul 17, 2013

Contact: Kirsten Stade (202) 265-7337

NO SURPRISE FEDERAL PIPELINE SAFETY EXERCISES SINCE 2005

Scant Oversight or Local Coordination on Pipeline Emergency Response Plans


Washington, DC — The federal pipeline safety agency has not conducted a single surprise exercise for more than eight years to determine whether an operator can execute emergency response plans, according to documents released today by Public Employees for Environmental Responsibility (PEER). Nor does the agency have a ready account of which emergency response plans it has approved, rejected or changed.

More than 2.5 million miles of pipelines carrying oil, natural gas and high-hazard liquids, honeycomb the U.S. Each year, there are more than 100 “significant” pipeline accidents involving loss of life, injuries, fire and/or major spillage. Recent pipeline spills and explosions have had catastrophic results.

Federal guidelines call for up to 20 unannounced exercises annually to demonstrate an operator’s “ability to respond to a worst case discharge spill event.” Yet in documents obtained in a Freedom of Information Act lawsuit, the Pipeline and Hazardous Materials Safety Administration (PHMSA) concedes that –

  • It has not conducted any unannounced safety exercise since 2005, when it only conducted one. In the preceding 10 year period, the agency conducted 36 surprise exercises, peaking with 14 in 1997;
  • In the last five years, PHMSA has completed only 26 announced safety reviews, with only one initiated in 2012. More than half of all these reviews (15) occurred in 2011; and
  • The agency cited two exercises in 2004 which were labeled “unknown” because PHMSA had no record on whether they were surprise or scheduled.

“Since there are no surprise safety drills, it should be no surprise when the on-scene response to actual emergencies is lacking,” stated PEER Counsel Kathryn Douglass, who brought the suit that pried the documents loose. “Given PHMSA’s supine posture, pipelines in America are essentially self-regulated.”

Beyond whether operators can carry out their emergency response plans, the adequacy of those plans also remains in question. Months after PEER asked and ultimately sued PHMSA to produce response plans submitted by pipeline operators, the agency still has only been able to provide a handful of the 314 current plans. Moreover, PHMSA cannot identify a single one of the more than 1,000 pipeline response plans it has reviewed during the past five years that it has rejected or amended.

“If it takes PHMSA months to produce copies of emergency response plans, that means communities on the front line have no access to the safety playbook in case of an accident,” Douglass added, noting that in recent major pipeline spills, local emergency response agencies were in the dark both about what was occurring and what the planned response was supposed to include. “We should not have to sue in federal court to obtain pipeline emergency response plans – they should be posted routinely on the web.”


###

See PMSA list of pipeline safety exercises – unannounced, announced and unknown

Look at federal guidance on unannounced pipeline exercises

Scan the list of all current and archived facility response plans

View PHMSA failure to implement NTSB recommendations following recent disasters 

Constitution Pipeline Interventions by legal non-profits 7-17-13

FOR IMMEDIATE RELEASE

July 17, 2013

CONTACT

Stop the Pipeline, Anne Marie Garti, 718-316-0322

Earthjustice, Bridget Lee, 212-845-7379

Riverkeeper, Tina Posterli, 516-526-9371

Catskill Mountainkeeper, Wes Gillingham, 845-901-1029

Clean Air Council, Matt Walker, 215-567-4004 ext. 121

Delaware-Otsego Audubon Society, Andrew Mason, 607-652-2162

Delaware Riverkeeper Network, Maya van Rossum, 215-369-1188 ext. 102

Sierra Club, Atlantic Chapter, Roger Downs, 518-426-9144

Sierra Club, Pennsylvania Chapter, Thomas Au, 717-234-7445

Hundreds Intervene in Proceedings over Federal Review of Constitution Pipeline Project

120-mile natural gas pipeline through NY and PA attracts scrutiny and controversy

WASHINGTON, DC – A coalition of environmental groups, along with more than 300 residents are intervening in proceedings over a 122-mile natural gas pipeline proposed to run through portions of New York and Pennsylvania, subjecting the already unpopular project to an added layer of controversy.

The flurry of intervention filings is the latest sign that residents and advocates are prepared to fiercely challenge infrastructure projects that will allow more fracking-enabled gas development in the region.

“The people who live here do so by choice — for the rural lifestyle, clean air, pure water, and abundant wildlife. They understand this pipeline will lead to an industrialization of the area, and they are not going to give up their land — and everything else they love about country living — without a fight,” said Anne Marie Garti, a founder of Stop the Pipeline, a grassroots organization formed by landowners and citizens who oppose the pipeline.

The New York State Department of Environmental Conservation, which has raised concerns over the environmental impacts of the project, has also intervened in the federal proceedings, indicating that the state agency intends to scrutinize the federal approval process.

The Constitution Pipeline Project — a joint venture between oil and gas company subsidiaries Williams Partners Operating, Cabot Pipeline Holdings, Piedmont Constitution Pipeline Company, and Capitol Energy Ventures — is proposed to transport natural gas from Susquehanna County in Pennsylvania through Broome, Chenango, Delaware, and Schoharie Counties in New York to two existing interstate pipelines. Concerned about their property rights, as well as environmental and public health impacts of the project, approximately 1000 people submitted comments to the Federal Energy Regulatory Commission (FERC) last year opposing the proposed project, and 35 percent of the property owners along the pipeline route have refused to allow project personnel onto their land.

“My wife and I bought land, and built our house by hand, in order to enjoy the tranquility of the countryside,” said Dan Brignoli, a lifelong resident of Delaware County. “Last year they wanted to put the pipeline 200-feet from our home, but we wouldn’t let them on our land. Now they’ve moved it up the hill a hundred feet, just over the property line, but it could still pollute our water, or kill us if there were to be an explosion. The government shouldn’t let them take our land when there isn’t a real need for this pipeline. They just want to make more money — and lay down the infrastructure for fracking in New York State.”

But in spite of local objection, the companies proposing the project are pushing forward with plans, and filed an application with the Federal Energy Regulatory Commission in June. Today is the deadline to intervene in the FERC proceedings, resulting in filings by more than 300 residents; Stop the Pipeline, represented by the Pace Environmental Litigation Clinic; Riverkeeper; and a coalition of environmental groups — Catskill Mountainkeeper, Clean Air Council, Delaware-Otsego Audubon Society, Delaware Riverkeeper Network, and the Pennsylvania and Atlantic Chapters of Sierra Club — represented by the nonprofit environmental law organization Earthjustice.

“This 122-mile Constitution pipeline, planned to run through five counties and two states, is the sort of massive infrastructure project that will lock the region into continued extraction and burning of fossil fuels at a time when we need instead to be speeding the transition to clean renewable energy,” said Earthjustice attorney Bridget Lee. “The law requires the Federal Energy Regulatory Commission to give careful consideration to the pipeline’s impacts on people, communities, and the environment. Foresight and common sense dictate that FERC officials consider foregoing the project altogether.”

“Pipelines that have cut through our region have inflicted incredible damage — destroying forests, cutting through creeks, irreparably transforming wetlands, causing more polluted runoff, and decimating habitat critical to creatures in our region, said Maya van Rossum, the Delaware Riverkeeper. “The harms to the ecology of the region are devastating, but so are the harms to the people — damaging ecotourism, harming recreation such as hunting and boating, destroying the peace and beauty of communities during and after construction, forever changing what it means to live in these communities, and increasing the drilling and fracking that are destroying communities elsewhere and making this country even more dependent on dirty fossil fuels.”

The 122 miles of pipeline and additional miles of access roads will cut across forests and watersheds.

“The proposed project poses a substantial threat to ground and surface water resources in both New York and Pennsylvania. The 122 mile pipeline has the potential to impact and potentially contaminate multiple public drinking water sources and an untold number of private drinking water wells that lie within the Project area. The pipeline itself proposes to cross hundreds of streams and wetlands by literally digging a hole through them,” said Kate Hudson, Watershed Program Director at Riverkeeper. “These impacts alone demand that FERC take a hard look at the project’s environmental effects. Any project that jeopardizes multiple water resources in two states is clearly against the public’s interest.”

The project also includes two compressor stations, posing a threat to air quality and public health.

“The so-called Constitution Pipeline could emit hundreds of tons of harmful and climate-disrupting air pollution in Pennsylvania and New York each year, yet the Application ignores these real threats to public health,” said Matt Walker of the Clean Air Council. “The Project also is likely to create more demand for increased fracking and transmission infrastructure, all of which will cause even more air pollution and more health impacts for the people who call the surrounding communities home. Given the potentially serious risks to public health and air quality, the Council urges FERC to deny the Application for this ill-advised project.”

The project will disturb hundreds of acres of land — with access roads and industrial equipment cutting across forests and watersheds. The project potentially will affect both threatened and endangered species, including the Indiana Bat, migratory birds, and special protection waters.

“The pipeline as planned will fragment some of the best remaining bird habitat in the region,” said Delaware-Otsego Audubon Society Co-President Andrew Mason. “Many species already in decline will suffer further losses from this corridor that will break up their breeding territories and allow predators and nest parasites into the forests.”

Aided by the controversial high volume hydraulic fracking process and state and federal deregulation, gas drilling in Pennsylvania has increased exponentially in recent years and New York residents are fighting to protect their state from an impending gas drilling rush.

“If this project goes forward, the big winners will be the stockholders of the natural gas companies and the big losers will be the rest of us, said Wes Gillingham, Program Director of Catskill Mountainkeeper. “There is no public necessity for this project. This is clearly a case of the gas industry trying to push through a project to increase their profit margin at the expense of the people along the route. This is the start of a massive web of gas infrastructure — the beginning of the industrialization of New York we have all been warned about.”

The pipeline will spur the already frantic pace of gas drilling and fracking in Pennsylvania — along with the air, water, and climate pollution that accompanies such development — and would lay the groundwork for industry to operate in New York. The impacts associated with this industrial activity include: spills of diesel fuel and fracking chemicals, methane migration into groundwater; contamination of major rivers with fracking wastewater, forested landscape pockmarked with well pads and access roads and pipelines cutting through forests and fields.

“FERC must acknowledge that the proposed Constitution Pipeline is not primarily a natural gas conveyance from point A to point B but a facilitator of fracking along the way,” said Roger Downs, Conservation Director for the Sierra Club Atlantic Chapter. “The Western Slope of the Catskills and the Upper Susquehanna River Basin are protected from fracking simply because there is no infrastructure to transport the gas to market. The Constitution Pipeline will be just that inducement — transforming this storied landscape into an industrial grid work of well pads and gathering lines.”

Attached is a press release announcing the entrance of the legal nonprofits into this battlefield.

Below a list of some of the public interest, nonprofit interventions and comments filed as of 4 pm. The positions of the NYS DEC, US Army Corp of Engineers, and Department of the Interior (US Fish and Wildlife) are currently aligned with the public interest law firms, and nonprofits.

Anne Marie

Motion to Intervene by Stop the Pipeline. Submitted by the PACE ENVIRONMENTAL LITIGATION CLINIC under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5045

Motion to Intervene of Earthjustice on Behalf of Catskill Mountainkeeper, Clean Air Council, Delaware-Otsego Audubon Society, Delaware Riverkeeper Network, and Sierra Club in CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5273

Comments of Catskill Mountainkeeper, Clean Air Council, Delaware-Otsego Audubon Society, Delaware Riverkeeper Network, Sierra Club, and Riverkeeper, Inc. under CP13-499-000.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5249

Motion to Intervene of Riverkeeper, Inc. under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5205

New York State Council of Trout Unlimited submits Petition to Intervene re the Constitution Pipeline Company, LLC under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130715-0019

Motion to Intervene of Center for Sustainable Rural Communities under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130710-5164

Motion to Intervene of Otsego 2000, Inc. under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5244

Motion to Intervene of Town of Davenport, New York under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5133

Motion to Intervene by the Town of Meredith under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5217

Motion to Intervene of Town of Franklin, New York under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130716-5118

Motion to Intervene of New York Public Service Commission under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130701-5138

Motion to Intervene of New York State Department of Environmental Conservation under CP13-499.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130710-5194

Motion to Intervene of U.S. Department of the Interior under CP13-499, et. al..
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130717-5222

Comments of the US Army Corps of Engineers regarding preparation of an Environmental Impact Statement for the proposed Constitution Pipeline Project under PF12-9.
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130716-0001
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20130716-0002
 

###

The Executive Order That Could Save U.S. Water Supplies – EcoWatch: Cutting Edge Environmental News Service

The Executive Order That Could Save U.S. Water Supplies – EcoWatch: Cutting Edge Environmental News Service.

Quebec’s Lac-Mégantic oil train disaster not just tragedy, but corporate crime | Environment | guardian.co.uk

Quebec’s Lac-Mégantic oil train disaster not just tragedy, but corporate crime | Environment | guardian.co.uk.

The deeper evidence about this event won’t be found in the train’s black box, or by questioning the one engineer who left the train before it loosened and careened unmanned into the heart of this tiny town. For that you’ll have to look at how Lac-Mégantic was hit by a perfect storm of greed, deregulation and an extreme energy rush driving companies to ever greater gambles with the environment and human life.

The crude carried on the rail-line of US-based company Montreal, Maine and Atlantic Railway – “fracked” shale oil from North Dakota – would not have passed through Lac-Mégantic five years ago. That’s because it’s part of a boom in dirty, unconventional energy, as fossil fuel companies seek to supplant the depletion of easy oil and gas with new sources – sources that are harder to find, nastier to extract, and more complicated to ship.

Like the Alberta tar sands, or the shale deposits of the United States, these energy sources are so destructive and carbon-intensive that leading scientists have made a straightforward judgment: to avert runaway climate change, they need to be kept in the ground. It’s a sad irony that Quebec is one of the few places to currently ban the “fracking” used to extract the Dakotan oil that devastated Lac-Mégantic.

But fossil fuel companies, spurred by record profits, have deployed a full-spectrum strategy to exploit and carry this oil to market. That’s one of the reasons for a massive, reckless increase in the amount of oil shipped by rail. In 2009, companies shipped a mere 500 carloads of crude oil by rail in Canada; this year, it will be 140,000.

Josh Fox on The Diane Rehm Show from WAMU and NPR

Audio Player | The Diane Rehm Show from WAMU and NPR.

Shale Skeptics Take On Pickens as Gas Fuels Policies – Bloomberg

Shale Skeptics Take On Pickens as Gas Fuels Policies – Bloomberg.

Sustainable Otsego to Field Five Candidates for Otsego County Board

PRESS RELEASE/PRESS RELEASE/PRESS RELEASE/

Sustainable Otsego to Field Five Candidates for Otsego County Board

Cooperstown–Sustainable Otsego will hold a press conference at noon 9 July 2013 at 21 Railroad Avenue in Cooperstown, NY, to announce that five candidates – Beth Rosenthal, John Kosmer, Gary Koutnik, Stu Anderson, and Dan Buttermann – will run on the independent Sustainable Otsego ballot line in the general election this fall for seats on the Otsego County Board of Representatives. All will also run as Democrats.

Sustainable Otsego – a political committee and social network promoting sustainable practices in Otsego County, NY – hopes to build on its success two years ago, when it ran four candidates for County Board, three of whom won.

“The Otsego County Board of Representatives,” said Sustainable Otsego Moderator Adrian Kuzminski, “has a crucial role to play in steering Otsego County away from destructive economic practices such as fracking for natural gas and towards a sustainable future of local green industries based on clean and renewable local resources.”

Sustainable Otsego will also present its 10 Point Plan for Otsego County, focusing on agriculture, value-added industries, home rule, resource preservation, and net zero-energy practices, as well as financing for local businesses, broadband for all, and an equitable tax burden.

Below is the full text of the Ten Point Plan for Otsego County, followed by short bios of the candidates:

A TEN POINT PLAN FOR OTSEGO COUNTY

SUSTAINABLE OTSEGO, 2013

1. Support Home Rule to protect our communities and the rural lifestyle of Otsego County.

2. Promote farm-to-market agriculture.

3. Preserve Otsego County’s pure water, our most important asset, for residents, businesses, and agriculture.

4. Find low-interest credit for local businesses and homeowners.

5. Aim at net zero-energy practices and renewables to save money and reduce greenhouse gases.

6. Explore joining scores of other NYS communities who have municipalized their electric grids to lower costs for homeowners and businesses.

7. Bring a state-of-the-art broadband internet system to everyone in Otsego County.

8. Establish a county-wide sustainable comprehensive plan.

9. Ensure that local tax policies do not increase income inequality.

10. Support a sustainable Town of Oneonta Southside Municipal Water Project to increase business and tax revenues.

THE CANDIDATES:

Beth Rosenthal (District 7 – Cherry Valley, Middefield, Roseboom): Born and raised in upstate NY, Beth has degrees in biochemistry and molecular biology. She has been Corporate Travel Advisor for SR Travel Service since 1996. Beth was Roseboom Town Clerk before being elected to the Otsego County Board of Representatives in 2011 on an anti-fracking, pro-sustainability agenda. She is a founding member of Sustainable Otsego, and is Secretary of the Roseboom Historical Association and is involved with numerous civic groups.

John Kosmer (District 8 – Otsego): John build a passive solar house in Fly Creek 5 years ago, locally featured as “the greenest house in Otsego County.” He is a founding member of Sustainable Otsego, and has been outspoken in his resistance to fracking in our area and beyond. John won election to the Otsego County Board of Representatives on an anti—fracking, pro-sustainability agenda. A self-described “sustainable conservative,” John stands for transparency in government and a sustainable future for Otsego County.

Gary Koutnik (District 11, City of Oneonta): Gary has lived in the area since the 1970s, with a career as a school psychologist and special education administrator.  He is involved in amateur theater and has directed two plays for the Catskill Players. Gary has a long history of political activism, from opposition to the Vietnam War to working for anti-poverty groups to being a member of the Otsego County Youth Board. Gary strongly believes that government is essential to redressing the social imbalances of our society. He was elected to the County Board of Representatives in 2011.

Stu Anderson (District 3, Laurens, Otego): Stu grew up on a dairy farm in Chautauqua County, and has an agriculture engineering degree from Cornell. He has been involved in marine system design, USDA marketing, international construction management, and industrial management for Fox Hospital and the Cherry Valley-Springfield School System. Stu was also Codes Officer for the Town of Otego and is currently owner of Anderson Boats Works in Otego. He is also an author with five novels published under the name Stuart E. Anderson available at Amazon.com. Stu has been instrument in organizing opposition to fracking in his community.

Dan Buttermann (District 4, Town of Oneonta): Dan was raised in northern Arizona in a family owned and operated business making and selling hand-made candles.  Dan graduated from the University of Arizona with a degree in music, and later from Southern Methodist University with a master of business administration degree.  Dan worked at GEICO Insurance in Tucson, Dallas, and New York, and join NYCM Insurance in 2012.  His community service experience includes associations with the Kiwanis Club, Court Appointed Special Advocates (CASA) of Collin County, Prison Entrepreneurship Program (PEP), and Texas Scottish Rite Hospital for Children (TSRHC). He lives in Oneonta with his wife, Ana Laura, and his two daughters, Malena (born in Dallas), and Layla (born in Oneonta).

Note: Tom Hohensee and Corinna Franck will also run on the Sustainable Otsego line for Otsego Town Board. Other candidates may also file to run on the Sustainable Otsego line for local offices.

PSE Comments on Cayuga coal fired power generating plan in Lansing, NY.

Lansing Middle School Auditorium, 6 Ludlowville Road Lansing, New York 14882.

Good news! The Public Service Commission has finally announced the time and location of the public hearing and extended the public comment period until August 16th

The Public Hearing will be on Monday, July 29th at 7pm (following an informational session which starts at 6). The hearing will be held at the Lansing Middle School Auditorium, 6 Ludlowville Road Lansing, New York 14882.

It is still crucial that everybody writes public comments. We have been told that the PSC carefully reviews them and will take them very seriously (unlike the DEC who recently “lost” 200,000 fracking related comments!)

To learn more about the repowering proposal before you write your comments or speak at the hearing, Come to an informational session  about the proposalThis Thursday, July 18th at 7 PM in the Unitarian Church of Ithaca. This informational session will be followed by a Q&A session, and delicious refreshments will be provided! Help us promote this event by attending on Facebook and inviting your friends: https://www.facebook.com/events/542653555801212/

If you can’t attend Thursday’s session but are still interested in writing a comment, we put together a guide to help you do this: http://bit.ly/1b4xxA8
 
Otherwise you can use this simple form letter from the Sierra Club:  http://bit.ly/177neqf

You can also contact your town board about submitting a resolution or write comments to the Public Service Commission on behalf of an organization or group that you represent.
 

 

With everybody working hard, submitting comments and speaking at this hearing we will shut down this power plant and usher in a lower-carbon future for Cayuga Lake! 

 

Enterprise Products Combined Business Profile

Enterprise Products Combined Business Profile.

EPD Basic Chart | Enterprise Products Partners L. Stock – Yahoo! Finance

EPD Basic Chart | Enterprise Products Partners L. Stock – Yahoo! Finance.