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Archive for the ‘Safety’ Category

Amid big losses for the more progressive candidates on the Texas statewide ballot, Denton residents voted to ban fracking within city limits.  This is the first fracking ban in Texas.  The ballot language was:

SHALL AN ORDINANCE BE ENACTED PROHIBITING, WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, HYDRAULIC FRACTURING, A WELL STIMULATION PROCESS INVOLVING THE USE OF WATER, SAND AND/OR CHEMICAL ADDITIVES PUMPED UNDER HIGH PRESSURE TO FRACTURE SUBSURFACE NON-POROUS ROCK FORMATIONS SUCH AS SHALE TO IMPROVE THE FLOW OF NATURAL GAS, OIL, OR OTHER HYDROCARBONS INTO THE WELL, WITH SUBSEQUENT HIGH RATE, EXTENDED FLOWBACK TO EXPEL FRACTURE FLUIDS AND SOLIDS?

Frack Free DentonClearly, the people of Denton were convinced that this is the best way to protect their health, safety and quality of life.  The science strongly supports this view.  The environmental and health impacts of fracking are numerous, severe and some are long lasting.  Releases of toxic pollutants into the air are making people sick in the short term and causing long-term health impactsWater pollution from fracking operations poses health risks and hardship on people whose water supply is destroyed.  Billions of gallons of water are removed from the hydrological cycle when Texas is already struggling to meet its water needs.  Ejection wells in some areas are causing earthquakes.  On top of all that, methane leakage from fracking, natural gas processing, and transportation of natural gas is contributing to climate change.

There will be legal challenges to the Denton fracking ban, and possibly legislative action to try to roll it back.  That’s where the rest of us who care about protecting human health and the environment come in.  We can’t leave Denton residents to fight alone.  This is not a problem that is unique to them, and it’s one that we all contribute to by using natural gas.  Our individual and community decisions are impacting real people in serious ways.  Natural gas is not a clean or harmless energy choice.  Its use should be minimized as much as possible.  That includes moving away from natural gas-fired power plants, not building more of them.

Even if Denton’s fracking ban stands up to legal challenges and avoids legislative destruction, many communities in Texas will continue to suffer the impacts of fracking.  Denton has the benefit of being an urban area with a significant student population.  The Eagle Ford area, on the other hand, is largely rural and less affluent and residents find themselves powerless against the rampant fracking around them.  The community advocates who worked to pass the fracking ban in Denton deserve an incredible amount of credit for their work, as do Denton residents for making the smart decision to protect themselves.  Now we must not forget about those left on the front lines of fracking who are less able to organize to protect their health, their land, our shared water resources, and the climate.  We need a Sharon Wilson for every fracked community.

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A new investigation shows a strong correlation between the fracking boom and a significant increase in fatal crashes in Texas.

Hydraulic fracturing, or fracking, is known for the environmental dangers it poses: obscene water use, groundwater contamination and the release of greenhouse gasses. An equally dark side to the practice has recently been revealing itself.

Texas Increase in Vehicle Accidents and Fatalities as Fracking IncreasedWorking together, The Houston Chronicle and Houston Public Media conducted an investigation that found fatalities involving commercial vehicles on Texas roads have increased dramatically since the fracking boom of 2008. In 2009 there were a reported 352 highway fatalities involving commercial vehicles. That number jumped to 532 in 2014; a 51 percent increase.

For decades, Texas’ incidents of auto fatalities were in decline. Improved safety standards, such as seat belts, child seats and airbags made being on the road less deadly. However, Texas saw an 8 percent increase between 2009 and 2013, the same time the fracking boom started.
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river water75% of Texas streams could remain vulnerable to pollution due to House Bill 5078 passed by the House of Representatives on September 9th. HB 5078 would prohibit the Environmental Protection Agency from applying the protections of the Clean Water Act to more than half the nation’s rivers and streams. This includes 143,000 miles of Texan streams that flow into vital waterways such as the Edwards Aquifer, the Trinity River, Caddo Lake, Galveston Bay, and the Rio Grande.

Texas waters are already considered the 2nd most polluted in the nation, according to a report by the Environment Texas Research and Policy Center. Data from 2012 showed the Lower Brazos River watershed as ranking first for the highest amount of toxicity released with 33,475,464 toxicity-weighted pounds. Over 80,000 pounds of carcinogenic chemicals were discharged into Texan waterways. These chemicals persist in the environment and have the potential to cause birth defects, infertility, cancers, and developmental problems in children.

“Texas’ waterways should be clean – for swimming, drinking, and supporting wildlife,” said Luke Metzger, Director of Environment Texas Research and Policy Center.  “But too often, our waters have become a dumping ground for polluters.  The first step to curb this tide of toxic pollution is to restore Clean Water Act protections to all our waterways.”

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Abandoned oil wells and oil extraction equipment are common problems that plague Texas residents. One of the largest concerns about this problem is that many oil wells have been left poorly maintained and not sealed. Some linger from the early- to mid-20th century, before current standards were set in place. More recently, regulators have worked to plug and seal the old wells, so they do not act as a channel for liquid pollutants to enter groundwater. But some fear that the recent surge in oil drilling, brought about by the modern practice of hydraulic fracturing (fracking), will catalyze troublesome encounters with the old wells.

Abandoned oil well in Texas - photo by Callie Richmond for The Texas Tribune

Abandoned oil well in Texas – photo by Callie Richmond for The Texas Tribune

Abandoned oil and gas wells are all over the United States in areas such as Texas, New York and Pennsylvania that were prominent regions for oil drilling. An abandoned or “orphaned” well is a well that is no longer in use or that is in such an unusable state that oil and gas can no longer be obtained from it. While there have been great efforts to remedy this problem, in Texas alone there are still more than 8,400 known uncapped wells all over the state.

Uncapped wells pose dangers environmentally and physically. There is the possibility of children or small animals falling into them and seriously harming and potentially killing themselves. They serve as potential groundwater contamination routes and allow poor quality/contaminated water to move between aquifers, further polluting them.

A geyser of methane and gas sprays out of the ground near a Shell drilling site in Tioga County. - photo from StateImpact Pennsylvania

A geyser of methane and gas sprays out of the ground near a Shell drilling site in Tioga County. – photo from StateImpact Pennsylvania

Aside from the general risks abandoned oil wells pose, drilling near them causes even greater dangers. There are still many undocumented wells throughout the U.S. that pose potential hazards. By drilling near abandoned and unknown wells, methane gas becomes more pressurized and works to find a way to the surface. If a high volume of methane gas comes together it creates an explosion, something we would definitely want to avoid. When drilling near wells the potential for an excess of methane to come together and explode becomes exponentially greater. A well in Tioga County, Pennsylvania that was 5,385 feet deep, and lined with four layers of metal casing, is an excellent example of the potential dangers. Eighty years and four months after being dug and used, the well was part of an unfortunate incident — even though it had been inactive for generations. The well played a key role in a methane gas leak that led to a 30-foot geyser of gas and water spraying out of the ground for more than a week. Since there are so many unknown wells all over the state you can see how this could be a problem.

Even wells that have been inactive for extremely long periods of time can still pose a threat. Abandoned oil and natural gas wells can serve as conduits for injected oil and natural gas drilling waste fluids to migrate from underground to an area near the surface where the fluids can break out of the abandoned wells and contaminate groundwater, raising the possibility that abandoned wells can serve as similar conduits for injected hydraulic fracturing fluids.Ed Walker, the general manager of the Wintergarden Groundwater Conservation District in South Texas, said that a few years ago, water came up out of an abandoned 1940s-era well that lay slightly more than a quarter-mile from a disposal well.

Currently the Texas Railroad Commission regulates and oversees any and all drilling in Texas and there are measures in place to make sure these wells are taken care of, however there are still thousands of known wells that have not been suitably covered and filled. In order to ensure that our water supplies and air is not being contaminated we need to push to make sure these wells are properly sealed and all unknown wells are found and dealt with accordingly.

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A coal plant outside of Buffalo, NY was issued one of the largest fines ever imposed criminally on a company for violating the Clean Air Act.

sign for Tonawanda Coke PlantOn Wednesday, March 19th, Tonawanda Coke Corp. was fined $12.5 million for knowingly and illegally releasing hundreds of tons of the carcinogen benzene into the air for five years and improperly conducting hazardous sludge on the ground. The company will also pay for two separate environmental studies with a price tag of $12.2 million. These two 10-year studies will look at emissions and examine soil samples.

On top of that, the Tonawanda Coke Corp. environmental controls manager faces a year and a day in jail, 100 hours of community service and a $20,000 fine. He was also found guilty of obstruction of justice for covering up the pollution during plant inspections by regulators.

Community Outrage

2013 community meeting on the problems the citizens of Tonawanda are dealing with

2013 community meeting on the problems the citizens of Tonawanda are dealing with.

Residents have complained about the black soot from the coal plant for a decade and many are worried about the health implications to the community.

In 2005, local residents concerned for their health joined together to form the Clean Air Coalition. They began sampling air quality by using buckets and plastic bags. They also petitioned state and federal agencies to investigate the plants operations. After finding elevated levels of benzene in the community, federal agencies raided the plant in 2009 when levels were 75 times higher than state and federal law permit.

A three-year health study completed last year by the State Health Department and Department of Environmental Conservation found elevated rates of lung and bladder cancers in men and women, and elevated esophageal cancer in men and uterine cancer in women.

Jackie James-Creedon, of Citizen Science Community Resources, said she was very pleased that the plant will fund a soil testing project she has been working on for years. - Photo by Don Heupel

Jackie James-Creedon, of Citizen Science Community Resources, said she was very pleased that the plant will fund a soil testing project she has been working on for years.
Photo by Don Heupel

“Back in 2005, we just wanted a clean environment for us to live. We wanted our air to be cleaner. We wanted to know why everyone was sick. We had no clue they were breaking the law,” Jackie James-Creedon said. James-Creedon is a resident fighting this case, suffers from fibromyalgia and is a resident that submitted one of the 10-year studies.
Repeat Offenders

This is not the first time Tonawanda Coke Corp. has been in the hot seat for environmental violations. Last March the company was found guilty of 11 violations of the Clean Air Act and three counts of violating the Resource Conservation and Recovery Act.
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Over the course of a little more than a week, here in the United States, over 222,775 gallons of oil have been spilled onto our land and into our water. A week.

Most of the narrative around oil condemns it for the amount of carbon dioxide it puts into the atmosphere, and its profound implications for climate change. Over the course of one week this month, four different oil spills have helped demonstrate why responsible citizens should stand against oil. While all the spills have tremendous consequences, each of the following cases reveals a unique threat that transporting this toxic substance has for our families and our environment.

2014 Mid Valley Oil Spill in Michigan Nature Preserve - Photo from Huffington Post.jpg

Mid Valley Oil Spill in Michigan Nature Preserve
Photo from Huffington Post

On March 17, just 20 miles north of Cincinnati, an oil leak was discovered when a motorist smelled something funny in the air and called the police. What was discovered was tragic – over 20,000 gallons of oil had leaked into the 374 acre Glen Oak Nature Preserve. It is still unclear when the leak started – without this concerned citizen, it is likely the spill would’ve gone on for days before anyone noticed.

The oil had come from a 5 inch crack in the Mid-Valley pipeline, which runs over 1,000 miles from Michigan to Texas. Despite the fact that the company that maintains the pipeline is unsure of the leak’s cause, less than a week after it was discovered, an impromptu clamp had been designed, approved by the federal government, installed and oil is once more flowing in the pipeline.

2014 North Dakota Oil Spil in a Wheat Farm  Photo from GREENPEACE

North Dakota Oil Spil in a Wheat Farm
Photo from GREENPEACE

A few days later, on March 20, a gasket on a portion of above-ground pipeline in Alexander, North Dakota malfunctioned and spewed 34,000 gallons of crude oil onto the ground. While it appears that no water has been contaminated, North Dakota’s water quality director has warned that if a heavy spring rain comes, the oil could very well leach into nearby waterways.

2014-03-23 A dead oil covered bird is shown on the shore area along Boddeker Rd. on the Eastern end of Galveston near the ship channel.  Photo by Melissa Phillip, AP

A dead oil covered bird is shown on Eastern end of Galveston near the ship channel.
Photo by Melissa Phillip, AP

Two days after the North Dakota leak, an oil carrier collided with a barge, spilling 168,000 gallons of oil into Galveston Bay, Texas. While it was fortunate that not all of the oil in the carrier escaped into the water, the timing of the spill couldn’t be worse as peak bird migration season approaches. When oil is in the water, these water-diving birds often die from ingesting the oil. What’s worse is that the oil spilled is a particularly heavy type of oil, meaning that, unlike gasoline spills, which can largely evaporate off the surface of the water, this oil will sink to the bottom of the Bay and can adversely affect the environment for years to come.

2014 Crews Clean Oil from Lake Michigan After Spill from BP Refinery

Crews Clean Oil from Lake Michigan After Spill from BP Refinery

Finally, On March 25, eight days after the first oil spill in Ohio, a BP refinery in Whiting, Indiana spilled 755 gallons of oil into Lake Michigan. While this spill is relatively minor in comparison to the other spills, Lake Michigan serves as the drinking water source for Chicago and its suburbs – over 7 million people. Ingesting any oil at all is toxic, and the potential effects on humans are huge.

With so many other sensational stories dominating the airtime these days, it’s no wonder that many citizens are not aware that all of these spills happened. But note that in all these cases, until something bad happened, everything was running exactly as designed. The system with which we regulate and handle this toxic substance is broken, and the penalty for accidents is paid in permanent environmental damage, contaminated water, and human health.

It is crucial to remember as debates about oil rage on that oil is not just bad when burned – the processes to extract, transport and refine oil are toxic and dangerous on a global level and to local and regional communities.

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2014 Coal Ash River - Photo By Waterkeeper Alliance Inc

Site of Duke Energy Coal Ash Spill
Photo b Waterkeeper Alliance

A federal grand jury and North Carolina regulators are investigating Duke Energy, the nation’s largst electric power holding company, as part of a widening criminal investigation initiated by a massive coal ash spill that coated 70 miles of the Dan River with toxic sludge back in February.

The Dan River spill was the third largest coal ash spill in the nation’s history – an estimated 39,000 tons of coal ash were released. Since the Dan River spill the company has been cited for eight more violations.

Controversy Continues

The North Carolina Department of Environment and Natural Resouces (DENR) says Duke Energy illegally pumped 61 million gallons of contaminated water over six months from two coal ash pits at its’ Cape Fear plant in Moncure, N.C., and into a tributary of the Cape Fear River

2014 Pumping from a Duke Energy Waste Pond to a Nearby Stream - Photo by Rick Dove, Waterkeeper Alliance

Pumping from a Duke Energy
Waste Pond to a Nearby Stream
Photo by Rick Dove, Waterkeeper Alliance

A couple of weeks ago Waterkeeper Alliance took aerial photographs showing that Duke Energy has been pumping coal ash into a tributary of the Cape Fear River, a local drinking souce. The state is now testing water in the river to check for contaminants. There are several towns and cities downstream of the most recent spill, but none of them have reported any problems with their drinking water so far.

Duke has unlined coal ash pits at 14 power plants in North Carolina, and all of these were cited last year for polluting groundwater.

Coal ash is a byproduct of burning coal and it is highly toxic to humans and wildlife. Coal ash contains arsenic, lead, mercury and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

NC Pulls Deal with Duke

North Carolina regulators have withdrawn a coal ash violations settlement the would have allowed Duke Energy to resolve environmental violations by paying a $99,000 fine with no requirement to clean up its pollution.

2014-02-05 Signs of coal ash swirl in the water in the Dan River in Danville Va - Photo by Gerry Broome, AP)

On Feb, 5, 2014, signs of coal ash swirl in
the water inthe Dan River in Danville, VA.
Photo by Gerry Broome, AP

State regulators now say that they will partner with the U.S. Environmental Protection Agency (EPA) to pursue joint investigation and enforcement against Duke Energy for Clean Water Act violations related to the Dan River spill and new concerns about the illegal dumping of coal ash at another of the company’s facilities.

Duke Energy has a clear record of complete disregard for pollution and environmental laws. Unfortunately, Duke has so much clout in the North Carolina legislature that it will be difficult for regulators to punish Duke with penalties that match the crime.

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2014-03-19 More and more water bottle companies are voluntarily removing BPA, but not other chemicals like BPS - treehugger.comBisphenol A. In an age of ever-growing consumer awareness and savy, many of us are familiar with this chemical, better known as BPA. We look for the phrase “BPA Free” on our water bottles, Tupperware containers and children’s sippy cups in the hopes we’re protected from negative health effects. Unfortunately, recent reports indicate that this is not the case.

Despite the fact that Bisphenol A has been around for over a hundred years, it was only a few years ago in the late ‘00s that much of the danger around the endocrine-disrupting chemical came to light, ultimately leading to the FDA banning its use in baby bottles in July 2012. Despite this ban, which many would see as a confession of the chemical’s danger, the FDA maintains that BPA is still safe in small doses – it’s in everything from canned food to thermal receipt paper.

For those not as familiar, BPA is recognized as an endocrine-disrupting chemical – while in the human body it mimics estrogen. Although estrogen is produced naturally in both men and women, ingesting synthetic hormones can have drastic effects on the human body. BPA has been linked to a host of diseases and ailments, particularly breast cancer and hyperactivity. This is especially notable since recent estimates say that 1 in 8 women will be diagnosed with breast cancer in her lifetime and 1 in 5 high school-age boys in the US will receive an ADHD diagnosis.

While independent studies have found BPA to be highly dangerous in lower doses with “More than 95 percent of people in developed countries… exposed to levels of BPA that are “within the range” associated with health problems in animals, from cancer and insulin-resistant diabetes to early puberty”, the government is arguing that the chemical is still safe to use in small amounts. There are, however groups saying that the government study is flawed, mostly due to the fact that the control group in the study ended up being compromised.

Even if you limit your plastic use to only BPA-Free plastics, studies suggest you might not be as safe as you may think. A report published by Environmental Health Perspectives authored by a professor at University of Texas at Austin notes that “almost all” commercially available plastics tested contained “estrogenic activity” – the thing about BPA that makes it so dangerous. In the wake of all the attention around BPA, lots of tests have been done to test the potential health implications of other types of widely accepted plastics. A field guide to help decipher these plastics and the estrogenic activity of the chemicals in them can be found here.

One of the most concerning things about this plastics debate is the degree to which the chemical and plastic companies are subverting and ‘spinning’ information in an attempt to avoid regulation. As Public Citizen continues to push people before profits, it’s still important to try and do research on items you bring into your home whenever you can. When in doubt, avoid plastic if you can and opt for glass or metal containers or bottles.

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Oil drilling site, with pond for fracking water, Cotulla, TX  Photo by Al Braden

Oil drilling site, w/ pond for fracking water, Cotulla, TX
Photo by Al Braden

The Eagle Ford Shale play in south Texas is the 400-mile-long area that has become home to one of the country’s biggest energy booms in the past six years. The thousands of oil and gas wells producing in the region have brought dangerous air pollution to residents.

The Center for Public Integrity, InsideClimate News and The Weather Channel released a new exposé titled, “Fracking the Eagle Ford Shale: Big Oil & Bad Air on the Texas Prairie,” last week. Their eight month investigation reveals the dangers that come with fracking in the form of toxic chemicals released into the air as a result of the complicit culture of the government of Texas. In case you just want to read the highlights of the report, the team was nice enough to summarize their major findings:

  • Texas’ air monitoring system is so flawed that the state knows almost nothing about the extent of the pollution in the Eagle Ford. Only five permanent air monitors are installed in the 20,000-square-mile region, and all are at the fringes of the shale play, far from the heavy drilling areas where emissions are highest.
  • Anadarko Brasada Cyro Gas Plant, Phase 1 of 3, Cotulla, TX. Photo by Al Braden

    Anadarko Brasada Cyro Gas Plant, Phase 1 of 3, Cotulla, TX.
    Photo by Al Braden

    Thousands of oil and gas facilities, including six of the nine production sites near the Buehrings’ house, are allowed to self-audit their emissions without reporting them to the state. The Texas Commission on Environmental Quality (TCEQ), which regulates most air emissions, doesn’t even know some of these facilities exist. An internal agency document acknowledges that the rule allowing this practice “[c]annot be proven to be protective.”

  • Companies that break the law are rarely fined. Of the 284 oil and gas industry-related complaints filed with the TCEQ by Eagle Ford residents between Jan. 1, 2010, and Nov. 19, 2013, only two resulted in fines despite 164 documented violations. The largest was just $14,250. (Pending enforcement actions could lead to six more fines).
  • The Texas legislature has cut the TCEQ’s budget by a third since the Eagle Ford boom began, from $555 million in 2008 to $372 million in 2014. At the same time, the amount allocated for air monitoring equipment dropped from $1.2 million to $579,000.
  • The Eagle Ford boom is feeding an ominous trend: A 100 percent statewide increase in unplanned, toxic air releases associated with oil and gas production since 2009. Known as emission events, these releases are usually caused by human error or faulty equipment.
  • Residents of the mostly rural Eagle Ford counties are at a disadvantage even in Texas, because they haven’t been given air quality protections, such as more permanent monitors, provided to the wealthier, more suburban Barnett Shale region near Dallas-Fort Worth.

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2014-02-28 Drilling Rig explores the shale - Mladen Antonov AFP Getty Images

Drilling Rig Reflected in Wastewater Holding Pond
Photo by Mladen Antonov, AFP/Getty Images

Studies released over the past few months have linked pollution from natural gas extraction with birth defects.

In a study released in January by Environmental Health Perspectives, researchers examined data from 124,842 births between 1996 and 2009 in rural Colorado. They examined correlations between how close and dense natural gas development was to the pregnant mother and incidences of various birth defects, including congenital heart defects, neural tube defects, oral cleft, preterm birth and low term birth weight.

The study found that the most exposed mothers, who lived in areas containing over 125 natural gas wells per mile, were 30% more likely to have a child born with a congenital heart defect than a mother who does not live near any wells. One might ask – how is this possible?

Many pollutants from the natural gas extraction processes, including toluene, xylenes and benzene, are suspected to cause physiological abnormalities and mutations in human DNA. These pollutants are known to be able to cross the placenta blood barrier, raising the possibility of fetal exposure to these and other air pollutants.

Of course, air pollutants are not the only danger posed by natural gas extraction. The fluid used in this process is already known to contain over a hundred known or suspected endocrine disruptors – chemicals that can interfere with the body’s responses to estrogen and testosterone – which can lead to many health problems including infertility and cancer. What researches found in a late 2013 study was that groundwater samples taken from areas around natural gas extraction contained very high levels of these endocrine disruptors, while groundwater taken from an area without natural gas had much lower levels. In other words, natural gas extraction is linked with the contamination of groundwater with chemicals that cause infertility.

While researchers cannot say that their studies definitively prove that the natural gas extraction process causes birth defects or groundwater contamination, it is clear that more research needs to be done and the process needs to be further regulated before America continues on an ‘All of the Above’ energy policy. These studies suggest that the future health of generations to come depends on it.

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KXL Climate ChangeWith the release of the State Department’s Final Environmental Impact Statement (FEIS) on the Keystone XL tar sands pipeline, there has been a lot of buzz about the project. The report concluded that Keystone XL could create carbon pollution equivalent to nearly six million cars, or eight coal-fired power plants. Last Week the State Department began accepting comments from the public, and with only a few weeks (until Mar 07, 2014 11:59 PM ET) left the need for citizens to weigh in has never been more urgent. Now is the time to tell Secretary of State John Kerry that this dirty pipeline is not in our national interest.

This is our final opportunity to officially weigh in on the decision. Submit a comment right now to tell the Obama Administration that the “game over for the climate” Keystone XL pipeline is NOT in our national interest.

Here are some facts to consider including in your comment to Secretary Kerry and the State Department:

  • The evidence is clear that Keystone XL could increase production levels of tar sands oil in Alberta, and therefore significantly add to carbon emissions. The massive investment would lock us into dependence on this dirty fuel for decades, exacerbating carbon pollution just when we need to go in the other direction.
  • Beyond the effects on our climate, this dangerous pipeline would also put the water supply of millions of Americans at risk, including the precious Ogallala Aquifer, Platte and Niobrara rivers, and hundreds of individual families’ wells. After a year in which many communities were harmed by spills from existing pipelines, we cannot allow any more of the dirtiest, most toxic oil on earth to spill into our lands and waterways.
  • The jobs numbers touted by industry are exaggerated. Oil industry lobbyist and pro-pipeline politicians claim that the Keystone XL would create 20,000 to half a million jobs, but these jobs numbers are grossly exaggerated. Construction of the Keystone XL pipeline will only create about 3,900 jobs over a two year period, and after that the project would only provide jobs for 35 permanent employees and 15 temporary contractors.
  • The Keystone XL is an export pipeline. According to presentations to investors, Gulf Coast refiners plan to refine the cheap Canadian crude supplied by the pipeline into diesel and other products for export to Europe and Latin America. Proceeds from these exports are earned tax-free. Much of the fuel refined from the pipeline’s heavy crude oil will never reach U.S. drivers’ tanks. Therefore, not reducing gas prices for Americans.

This is our last chance to voice concerns to the State Department before the public comment period ends on March 7. We need to get our message across to Secretary Kerry, because what he says could be one of the biggest determining factors in President Obama’s decision.

Submit your comment: Keystone XL is NOT in our national interest.

In addition to submitting your comment electronically, comments may also be mailed directly to:

U.S. Department of State
Bureau of Energy Resources, Room 4843
Attn: Keystone XL Public Comments
2201 C Street, NW
Washington, DC 20520

#NoKXL

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Duke Energy said on Monday afternoon that between 50,000 to 82,000 tons of coal ash and up to 27 million gallons of water were released from a pond at its retired coal fired power plant in Eden, NC, and spilled into the Dan River.

2014-02-04 Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.Joseph Rodriquez - News & Record

Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.
Photo by Joseph Rodriquez, News & Record

Duke said a 48-inch stormwater pipe beneath the unlined 27-acre ash pond broke Sunday afternoon, and tens of thousands of tons of coal ash and water drained into the pipe before spilling into the Dan River. Duke Energy says that the dam along the river remains secure and has not been affected.

Duke did not issue a press release to inform the public until Monday afternoon, more than 24 hours after the spill occurred.  Duke said it notified local emergency managers and the N.C. Department of Environment and Natural Resources on Sunday afternoon. Duke says the leak has been temporarily stopped and they are working on a permanent solution. Duke has 14 coal fired power plants in the state, seven of which have been retired.

The closest community downstream from the spill is Danville, VA, which takes its water from the Dan River only six miles from the pond. Officials are saying that water samples confirm that the water leaving the city’s treatment facility meets public health standards.

“All water leaving our treatment facility has met public health standards,” said Barry Dunkley, division director of water and wastewater treatment for Danville Utilities. “We do not anticipate any problems going forward in treating the water we draw from the Dan River.”

Coal ash, the toxic waste material left after coal is burned, contains arsenic, mercury, lead, and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

This coal ash spill is the third-largest in U.S. history. In 2008, more than a billion gallons of coal ash slurry spilled at the Tennessee Valley Authority’s Kingston coal plant in Tennessee.

The Dan River coal ash spill is the latest in a string of industrial accidents that have jeopardized the environment and health of citizens downstream.

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After several major accidents involving crude oil trains derailing and exploding, the National Transportation Safety Board [NTSB] is warning that “major loss of life” could result from an accident if tougher regulations on oil-by-rail shipments are not implemented.

The NTSB’s recommendations were echoed by the Transportation Safety Board of Canada. Regulators in both countries are urging their governments to adopt stricter rules.

The NTSB’s recommendations on Thursday came just days after a train derailed in Philadelphia, and just weeks after a train exploded in North Dakota. These two accidents are just the latest in a string of accidents that have happened over the last seven months, the worst killing 47 people in Canada.

“The NTSB is concerned that major loss of life, property damage and environmental consequences can occur when large volumes of crude oil or other flammable liquids are transported on a single train involved in an accident,” said the NTSB in a press release. “Crude oil shipments by rail have increased by over 400 percent since 2005.”

Philadelphia had a close call on Monday when seven of the train’s 101 cars slide off the rails – including tankers carrying oil from North Dakota – on a bridge over the Schuylkill River, a tributary of the Delaware River. Luckily none of the oil spilled out, but other communities across the United States and Canada have not been so lucky.

Last July, a runaway train carrying Bakken crude oil derailed and exploded in the center of the Quebec town of Lac-Magantic, killing 47 and destroying 30 buildings.

Last November, 30 cars of another 90-car train carrying Bakken crude derailed in rural Alabama, sending more than a dozen of the cars into flames before being extinguished several days later. No one was injured or killed in this accident.

North Dakota Oil Train explosion - Dan Gunderson

North Dakota Oil Train Explosion – Dan Gunderson

On December 30th, a train carrying crude oil from the Bakken shale derailed outside of Casselton, North Dakota. Residents reported several loud explosions that sent huge fireballs into the sky. Authorities urged residents within five miles of the explosion to evacuate and avoid contact with the smoke, while residents living 10 miles away were asked to stay indoors.

The common theme between all of these accidents is that they were all carrying crude oil from the Bakken shale formation. The Pipeline Hazardous Material Safety Administration [PHMSA] issued a safety alert earlier this month warning that “crude oil being transported from the Bakken region may be more flammable than traditional heavy crude oil.”
(more…)

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Dear Senators and Representatives,

Last Tuesday (Nov. 12), CBS reported that nearly 50 percent of the welds on a section of the southern segment of the Keystone XL pipeline were faulty. That revelation was based on a Sept. 26, 2013, warning letter to pipeline owner TransCanada from the Pipeline and Hazardous Materials Safety Administration (PHMSA).  It was part of a broader story about problems with Keystone XL’s southern segment that included Public Citizen’s own investigative report, also released last week.

In the report, we documented 125 excavations TransCanada made to remedy possible “anomalies,” welds, dents or other problems in the southern segment of the pipeline, which runs from Oklahoma through Texas. In conjunction with the report, we sent a letter on Nov. 11 to Congress asking for oversight hearings.

Since then, we have reviewed the two letters cited by CBS, reviewed other PHMSA warning and corrective action letters sent to TransCanada, and spoken to a PHMSA official about some of the correspondence.

The Sept. 26 letter from PHMSA to TransCanada said that “TransCanada experienced a high weld rejection rate” on the section of the pipeline known as “Spread 3” and that “205 out of the 425 welds, or 48.2 percent,” required repairs.  The letter explained that TransCanada employed a welding process that was not a “previously qualified procedure” and “failed to use properly qualified welders.”

In an earlier, Sept. 10 warning letter, PHMSA said field inspectors found dents in pipe that appeared to be the result of rocks in the backfill used around it. The letter said TransCanada did not ensure that the pipe was installed “in a manner that minimizes the possibility of damage to the pipe.”

Damon Hill, a Washington-based public affairs analyst for PHMSA, said in a phone interview that after the letters were sent, PHMSA had “gone out and conducted inspections.” However, he said he could not provide dates of the inspections, confirm that they focused on the problems identified in the letters, or give even an approximate time frame for providing information on the results of these inspections.

Hill said, “The results of the inspections won’t come out until we issue an enforcement order.” He also said, “You’re trying to get me to say something specific, and I am not going to tell you something specific.”

Meanwhile, that section of the pipeline is scheduled to be filled with tar sands crude within a matter of weeks.

The construction problems and the lack of information about inspections are particularly alarming because of TransCanada’s history. The first phase of Keystone XL spilled 14 times in the first 14 months of its operation, according to a U.S. State Department report, and TransCanada’s Bison natural gas pipeline exploded within the first six months of operation.

Moreover, the number of weld problems has implications for the entire southern segment. If 205 repairs are needed on a single section, how many flaws are there likely to be in the rest of the pipeline’s 485 miles?

In light of the above, we firmly believe that the following should take place:

  • PHSMA should ensure correction of the problems identified in its letters, inspect the corrected work, and make the process and results publicly available and readily accessible.
  • PHMSA should inspect all of the “anomalies” indicated by our report and make the process and results publicly available and readily accessible.
  • Because of the high number of problems identified in PHMSA letters and our report, PHMSA should inspect the entire southern segment of Keystone XL. PHMSA should conduct a quality assurance review, and because the quality of the welds is critical to ensuring that the pipeline won’t leak or rupture, another hydrostatic test and caliper inline test should be complete before it is filled.
  • Congress should conduct oversight hearings to ensure that the pipeline is safe for the public and the environment.
  • All of the above should be completed before the pipeline is filled with tar sands crude and put into use.

Our report and PHMSA’s own letters raise the specter of a pipeline rife with construction flaws from its start in Cushing, Oklahoma, to its end at Texas’s Gulf Coast. Congress has a responsibility to ensure that flaws already identified and any undiscovered flaws do not result in a public health or environmental disaster. Texas’ waters should not be put at risk of contamination from pipeline breaks or spills.

Sincerely,

Tom “Smitty” Smith, Director
Public Citizen’s Texas Office
1303 San Antonio St.
Austin, Texas
(512) 477 1155
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Public Citizen today called for congressional oversight hearings and a thorough investigation of the southern segment of the Keystone XL pipeline because of reports of serious flaws and a warning by a federal agency that nearly half the welds in one section of pipe required repairs.

In a letter sent to Congress today, we said startup of the southern segment of Keystone XL, which runs from Oklahoma through Texas, should be delayed until the inspection is complete and the public can be certain that the pipeline is safe.

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