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Arkansas Spill Points to Problems With Diluted Bitumen Crude Transport Through Aging, Repurposed Pipelines; Tar Sands Crude Poses a Threat to Texas Drinking Water, Home, and Public Health

The recent Good Friday tar sands crude spill in an Arkansas neighborhood and an earlier catastrophic spill in Michigan highlight the dangers of transporting large volumes of tar sands crude into the United States through aging pipelines, warn Public Citizen and others.

ExxonMobil Corp. is still cleaning up thousands of barrels of Canadian tar sands crude spilled from the aging Pegasus pipeline near Little Rock, Ark. Michigan residents are still dealing with the fallout from a devastating pipeline rupture in 2010.

“Texas not only has the same 65-year-old Pegasus pipeline coursing through the state but also has the 34-year-old Seaway line, both slated to carry Canadian tar sands or diluted bitumen (Dilbit) crude,” said Rita Beving, Public Citizen consultant.

The Pegasus and Seaway pipelines travel within a few miles of medical facilities, schools, churches and community subdivisions. Both pipelines cross tributaries and are within a few miles or underneath existing water supplies for many Texas cities (See Map of Pegasus Pipeline route through Texas and affected communities and List of affected communities along the Seaway Pipeline route through Texas). The Seaway passes near Dallas, and is slated to carry more tar sands crude than the combined pipeline segments of Keystone XL, up to 850,000 barrels per day.

Not unlike other tar sands spills, the Pegasus pipeline spill near Little Rock forced the evacuation of people from dozens of homes. In 2010, the largest onshore spill in U.S. history occurred in Michigan, where a pipeline break on a 43-year-old pipeline spewed tar sands into the Kalamazoo River. This Enbridge Lakehead B spill resulted in residents being evacuated up to six miles away, as high levels of benzene and hydrogen sulfide became airborne and sickened local residents. More than 1.1 million gallons of tar sands or dilbit spilled into the river and traveled more than 35 miles along the waterway. Almost three years and $850 million later, the problematic spill is still not cleaned up, and Enbridge has now been ordered by the U.S. Environmental Protection Agency (EPA) to dredge the river.

Children living near the Michigan spill reported cases of vomiting, upset stomach, shortness of breath, lethargy, headaches, rash, eye irritation, sore throat and cough within the first week. Adults experienced similar symptoms, and pets suffered from continuous vomiting and diarrhea. The EPA established that benzene levels in the area near the spill were exponentially higher than the standard established as safe for human exposure.

Dr. Riki Ott, a marine toxicologist with experience in crude oil spills including the Exxon Valdez and the Michigan spill noted, “In Michigan, we had 16-year-olds having seizures, and adults with dizziness and symptoms of a tightening chest after the Kalamazoo spill. Now you are seeing the same thing happen in Little Rock. It could happen next in your backyard, and you may not even know a pipeline was carrying tar sands until after a spill happens, as many communities haven’t even been told that this is what’s going through the line. This can repeat itself wherever Canadian tar sands is being transported.”  (see Human health risks of exposure to tar sands)

“As we see the Michigan spill still being cleaned up today with the the long-term health effects still unknown, we can only anticipate that cities in Arkansas may face similar issues,” said Tom “Smitty” Smith, director of the Texas office of Public Citizen. “Seeing what has now transpired in these other states, and now with both the Pegasus and Seaway pipelines in Texas carrying tar sands crude, a tar sands rupture on aging pipelines is not a matter of if, but when. These incidents beg the question to our lawmakers, ‘What are you going to do to help protect Texas from such spills?”

The Seaway line passes within one to two miles of 8 medical facilities and nursing homes, 45 schools, 56 churches and dozens of Texas communities include Rockwall, Terrell, Corsicana and Royse City, Kaufman, and Baytown. Seaway crosses near tributaries of Lake Lavon, Cedar Creek Reservoir and beneath Richland Chambers Lake – all major water supplies for Dallas and Ft. Worth.

The Pegasus line crosses into Texas northeast of Dekalb and travels within a couple miles of more than 29 Texas communities including Mt. Pleasant, Mt. Vernon, Winnsboro, Canton, Navarro, Polk and Livingston. Upon initial analysis, at least 16 schools and 12 medical facilities are within one to two miles of Pegasus. More than 14 lakes including Lake Cypress Springs, Bob Sandlin, Lake Fork, Cedar Creek Reservoir, Lake Halbert, and five tributaries of Lake Livingston are also crossed by the pipeline.  Some of these water supplies serve as drinking water sources and are favorite recreational areas for sportsmen.

Documentary filmmakers, Elliott Gilbert,II and Joe Capps, run into a cleanup crew in Mayflower, AR.

Documentary filmmakers, Elliott Gilbert,II and Joe Capps, run into a cleanup crew in Mayflower, AR.

Elliott Gilbert, a Dallas documentary filmmaker, and his assistant Joe Capps, rushed to the Arkansas spill site after it was discovered. Both commented to Public Citizen about visiting an Arkansas elementary school where they interviewed the principal, who had sent children home due to dizziness, nausea and vomiting. The school was within a half mile of the Pegasus spill.

“After filming and hearing from the school principal and the residents in Arkansas, it definitely gives me pause as to what could happen with communities near Dallas should our area encounter such a spill,” Gilbert said. “I have a young daughter. I shudder to think that could happen near her school.”

As the proposed Keystone XL northern segment awaits approval from the U.S. State Department and the southern segment is now being constructed in East Texas, many worry that repurposed pipelines carrying tar sands are the wave of the future.

“Why should pipeline companies apply for permits and go through tedious environmental impact statements when you can repurpose an old pipeline, with little, if any, environmental scrutiny from a state agency and with little resistance from landowners who already have an existing line in the ground,” asked Beving. “These pipeline companies that are carrying Canadian tar sands are in a race to get lucrative shipping contracts with Texas refineries. Why not get your product to market the easy way with an old repurposed pipeline instead of undergoing permits and review by applying for a new construction permit?”

Beving notes that some companies, such as Enbridge, are twinning or adding additional lines to existing ones as they are doing with the existing Seaway pipeline. “Using existing pipelines and then twinning them is like building your own tar sands superhighway, an interstate for crude oil that you can expand at will with built-in condemnation rights. But this product is more toxic and problematic to clean up,” she said.

Tar sands are mined and then diluted with natural gas condensate and a host of toxic chemicals, according to Chris Wilson, a chemical engineer who has consulted for Public Citizen. Tar sands or dilbit is up to 70 times more viscous, 20 times more sulfuric and 10 times more acidic than conventional crude.

A shot of tar sands from the Arkansas spill pumped into a containment pond

A shot of tar sands from the Arkansas spill pumped into a containment pond.

“Canadian tar sands are not your granddaddy’s West Texas crude,” Wilson said. “It is transported from Canada in a more ‘raw’ form than other forms of oil, and that is what makes it more deadly and more problematic to clean up.”

Added Ed Parten, executive director and political liaison of Texas Black Bass Unlimited, “Lake Fork is the ultimate sportsmen’s fishing destination, known throughout Texas and the world for its premier bass fishing. It is my understanding that Lake Fork was built over this pipeline. Based on what we know with the Michigan tar sands spill, if this pipeline ruptures, it not only will destroy a valuable water supply, but also will devastate this great recreational resource known to fishermen across the country.”

“Texas lawmakers are debating pipeline safety standards for other types of pipelines during this session,” Smith said. “Are they asking the right questions to protect Texans from tar sands? Do they understand the urgency to act now to protect Texas before we have a tar sands spill here? And finally, do they have the political will to enact legislation to protect our state? We need proper notice, disclosure, filing of emergency response plans before operations begin, and a Texas liability fund to protect our state, since these companies are exempt from paying into the U.S. Spill Liability Fund.”

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This is a guest submission by Riki Ott, PhD. Dr. Ott is a marine toxicologist, author, and former commercial fisher. She was one of the first people on the scene during the Exxon Valdez oil spill, when millions of gallons of crude oil were discharged into the pristine waters of Prince William Sound, Alaska. For 23 years, she has been the voice and face of efforts for justice.

She is the featured character in the award-winning film BLACK WAVE: The Legacy of the Exxon Valdez, a documentary that tells the tale of the battle between commercial fishers against the largest corporation in the world, Exxon-Mobil.

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In oil disaster after oil disaster, industry has repeatedly hidden the truth from federal agencies and the public about spill volume and extent of damages, including wildlife kills, ecosystem harm, and harm to worker and public health. This underreporting is done to minimize the spiller’s liability – often billions of dollars are at stake. If the oil industry is not held accountable for these costs, the costs are externalized and borne by the environment, local economies and businesses that depend on a healthy environment, individuals and families who suffer health consequences, and U.S. taxpayers.

Riki Ott, PhD is asking the press to pose critical questions rather than regurgitate industry press releases. The public depends on the press in order to be well informed and make important decisions. It is essential for the media to search for deeper explanations and more accurate information during incidents that threaten human health, wildlife, and the environment––and future energy choices.

Dr. Ott is offering this guide, based on her on-the-ground first-hand experience with the nation’s largest oil tanker spill (Exxon Valdez, 1989), offshore oil rig disaster (BP Deepwater Horizon, 2010), and on-land pipeline tar sands spill (Enbridge, 2010).

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WHEN WAS THE LEAK DISCOVERED?
Exxon says the leak was discovered on Friday afternoon. What are residents saying? People living nearby should have known immediately from the fumes when the leak occurred or once it spilled above ground. In the case of the Enbridge tar sands oil spill in the Kalamazoo River (July 2010), residents reported smelling and seeing oil two days prior to the date Enbridge claimed the spill occurred.

WHAT KIND OF OIL WAS SPILLED?
Media is reporting a crude oil or sour crude spill. This oil is sour (containing high concentrations of hydrogen sulfide) but more importantly, it is heavy bitumen crude – tar sands oil (sour by nature) that has been diluted with lighter petroleum distillates and other very toxic chemicals.1 These chemicals are often labeled proprietary due to their toxic nature.

WHAT ARE OTHER NAMES FOR TAR SANDS OIL?
“Tar sands oil” is a political red flag, so the industry also calls it “nonconventional oil,” “heavy bitumen crude,” “dilbit” (diluted bitumen), and more recently, “sour oil,” and “sour crude”. Don’t fall for it. What spilled is the essentially the same stuff that Enbridge spilled in Michigan (July 2010) and that would be coming down the Keystone XL: tar sands oil (bitumen crude oil) with diluents, or dilbit.

WHAT ARE THE HUMAN HEALTH RISKS OF EXPOSURE TO TAR SANDS OIL, DILUENTS, AND DILBIT?
Common symptoms of exposure to conventional crude oil spills are well known and established within the medical community and include respiratory problems, central nervous system dysfunction, blood disorders, and skin problems.2 Unfortunately, a body only has so many ways to say it’s ill and the symptoms for chemical illnesses mimic those for colds/flu, asthma, bronchitis, COPD, bad headaches, vertigo, dizziness, tingling feet and hands, fatigue, general malaise, immune suppression (sick all the time), bad looking skin rashes like MRSA, peeling palms and soles of feet (for people walking barefoot), ear and nose bleeds (gushers), bleeding hemorrhoids, and more.3

Tar sands oil is concentrated with heavy hydrocarbons, known as Polycyclic Aromatic Hydrocarbons (PAHs) or more commonly as ultrafine particles. Exposure to PAHs can cause the health issues listed above (and also listed as compensable injury on BP medical benefits settlement4)––and similar injury in wildlife.5

The diluents are industrial solvents, containing petroleum distillates and other toxic chemicals that that target and harm the same organs of the body as PAHs/oil––the respiratory system, central nervous system, skin, and blood. This means the body takes a double hit of toxic chemicals. Diluents contain chemicals that are teratogens (disturb development of or kill babies in the womb), carcinogens, mutagens, systemic poisons, and cause hemolysis (rupture of blood cells). Some people are more vulnerable than others to dilbit, especially children6, pregnant women, elderly, African Americans, and those with pre-existing illnesses.7 Diluents are industrial solvents and degreasers, like dispersants, that act as an oil delivery mechanism, pulling oil into the body. The emerging science from the BP Gulf disaster is finding that chemically-dispersed oil is more toxic than oil alone to wildlife and humans.

Since tar sands oil is concentrated with PAHs and VOCs/diluents, dilbit is far more toxic to humans and animals (wild and domestic) than conventional oil. The oil industry (and government) are trying to downplay the human health risks of exposure to tar sands and/or dilbit because this is extremely politically inconvenient information. It nonetheless is extremely dangerous.

WERE RESIDENTS INFORMED OF THESE HEALTH RISKS? PROPERLY EVACUATED?
No. Residents and the city are being misinformed about health risks. A recent statement released by Exxon said, “The air quality does not likely present a human health risk, with the exception of the high pooling areas, where clean-up crews are working with safety equipment.”

This is simply not true. Oil and petroleum distillates (ingredient of both dispersants and diluents) wrecked havoc with wildlife and people in the aftermath of the BP disaster8 and the Exxon Valdez disaster.9 Similarly, tar sands oil and diluents made people sick in Michigan,10 where residents of one trailer court and neighborhood along the oiled riverbank blame exposure to tar sands oil and fumes for illness outbreaks including eighteen deaths––and counting.11 Oil and diluents can cause short- and long-term harm to health if people are not forewarned (educated about chemical illnesses, exposure, symptoms, and treatment) and given protection.

Dilbit has a mandatory 1,000-foot evacuation zone. Was it uniformly enforced? In Michigan, people in richer areas were evacuated while people in poorer areas were either not evacuated or were forced to relocate when the city condemned public housing units.12 Enbridge housed workers in some of the homes it purchased, raising health concerns. If the home wasn’t safe for the original occupants, why was it safe for the workers? Unprotected workers and the general public are at risk of exposure and chemical illness. Children, elderly, pregnant women, people with pre-existing illnesses, and African Americans, in particular, and domestic animals should have been evacuated immediately.

The local department of health should issue Public Health Advisories, warning residents of the signs and symptoms of exposure, such as headaches, nausea, vomiting, dizziness, nose bleeds, and cold- and flu-like symptoms, among others. Occupational and environmental medicine (OEM) doctors should be on hand to diagnose and treat illnesses that family doctors are not trained to recognize. These specialty physicians should NOT be provided by the industry; the city should hire them and ask industry for reimbursement. People should be given baseline health exams before returning to homes they evacuated; their homes should be tested for air quality. Wood and fabric, for example, absorb oily fumes and will off-gas over time. The industry should pay if homes, furniture, clothes, carpet, toys, etc., need to be replaced.

WERE THE CLEANUP CREWS GIVEN AND WEARING ADEQUATE PERSONAL PROTECTIVE EQUIPMENT?
Photos from KTHV in Little Rock, AR, show backhoe operators and others with absolutely no protective gear at all. Compare what the cleanup crews are wearing with what EPA and other federal responders were wearing, especially during the early response. During the Michigan response, EPA crews wore respirators and Hazmat gear. Hazmat crews with protective equipment and workers or the general public without similar protection in the same area is a sign of trouble for unprotected persons – and disingenuous PR statements. In Prince William Sound, Alaska, Alyeska’s SERVS workers are trained, provided with, and required to wear personal protective equipment, including respirators, during oil spill response.

WHAT HAPPENS WHEN DILBIT AND/OR TAR SANDS OIL GETS IN CITY SEWERS?
Photos from KTHV in Little Rock, AR, show dilbut bubbling down into storm sewers. City wastewater treatment facilities are not designed to process and remove even small amounts of oil. Individuals are fined hefty amounts for releasing even a quart of oil into sewers. Tar sands oil is thick, sticky goo and the diluents are extremely toxic chemicals. ExxonMobil needs to detail how it plans to help municipalities clean out the sewers and the wastewater treatment system––without contaminating the city’s water supply. If it is too late to avoid contamination of the city’s water supply, how will industry provide safe water for city residents?

ARE TAR SANDS OIL AND DILBIT MORE CORROSIVE THAN CONVENTIONAL OIL?
Yes. Period. No debate. Bitumen blends are more acidic, thick, and sulfuric than conventional crude oil. DilBit contains 15–20 times higher acid concentrations and 5–10 times as much sulfur as conventional crudes. The additional sulfur and high concentrations of chloride salts cause corrosion that weakens and ages pipelines, especially when dilbit is pumped under high temperature and pressure. Tar sands crude oil also contains high quantities of abrasive quartz sand particles, much more than used by liquid sandblasters. (Keystone XL pipeline maximum capacity would mean over 125 pounds of quartz sand and alumino-silicates per minute. Common sandblasters use between 1.5 and 47 pounds of sand per minute.) Conventional crude oil does not contain quartz sand particles. Dilbit is also up to 70 times more viscous than conventional crude.13

Not surprisingly, tar sands pipeline spills occur more frequently than spills from pipelines carrying conventional crude oil because of diluted bitumen’s toxic, corrosive, and heavy composition. Between 2007 and 2010, pipelines transporting diluted bitumen in the northern Midwest spilled three times more oil per mile than the national average for conventional crude oil. Between 2002 to 2010, internal corrosion caused over 16 times as many pipeline spills per 10,000 miles in Alberta, Canada, where pipelines transport mostly dilbit, than in the US, where pipelines transport mostly conventional crude oil. Finally, in its first year, the U.S. section of Keystone 1, carrying diluted tar sands oil, had a spill frequency 100 times greater than the TransCanada forecast. In June 2011, federal pipeline safety regulators determined Keystone 1 was a hazard to public safety and issued TransCanada a corrective action order.14

WHY DOES INDUSTRY CLAIM THERE IS SO LITTLE RISK? WHO PAYS THE COST OF SPILLS?
The oil industry is aware of the higher risk of spills from transporting dilbit and the higher cost of spill response, based on the Enbridge tar sands spill in Michigan. To minimize liability, industry lobbyists successfully argued that dilbit was not conventional oil and therefore exempt from the Oil Spill Liability Trust Fund. Oil shippers pay into this fund, which is then used by the federal government for spill response. Now the shippers most likely to spill oil, those shipping diluted tar sands oil, do not pay into the fund. But the fund is still tapped for spill response. If the fund goes bankrupt, U.S. taxpayers would foot the bill––on top of the annual $375 million subsidy for saving the oil and gas industry from paying into the fund in the first place.15

WHAT DOES THE PRESS NEED TO DO?
The government and industry are pushing the press away from these scenes with claims of safety concerns. Really? Are the media crews different from the workers or residents? The media could obtain and wear the same safety gear worn by the federal responders, if this is truly government’s concern. The BP Gulf disaster set horrible precedent for media access16––and the media acquiesced instead of insisting upon, and fully exercising, their First Amendment rights. THE MEDIA IS NOT GETTING THE FULL STORY IF THEY ARE DENIED ACCESS TO THE SPILL SITE––and neither are the American people.

  • The ExxonMobil tar sands oil spill is very inconvenient for government, Congress, and industry. The U.S. State Department is taking public comment for the Keystone XL Pipeline until April 22. There will be a huge push by industry and the government to shut down the true risks and costs of transporting tar sands oil as inconvenient truths. It is the media’s job to accurately research and portray these risks to the public. In-depth research and reporting on the ExxonMobil tar sands spill in Arkansas would be a good start.

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ENDNOTES:
1 Lisa Song, A Dilbit Primer: How It’s Different from Conventional Oil, June 26, 2012, http://insideclimatenews.org/news/20120626/dilbit-primer-diluted-bitumen-conventional-oil-tar-sands-Alberta-Kalamazoo-Keystone-XL-Enbridge

2 Barry Levy and William Nassetta, The Adverse Health Effects of Oil Spills, Intern. J. of Occupational Health and Environ. Medicine, 17(2):161– Apr/Jun, 2011. http://www.ncbi.nlm.nih.gov/pubmed/21618948

3 See: series of Huffington Post blogs documenting emerging public health epidemic of chemical illnesses across the oil-impacted Gulf Coast at: http://www.huffingtonpost.com/riki-ott/; See also: on-line version of Sound Truth and Corporate Myths at: www.rikiott.com under reading for medical professionals.

4 BP-Plaintiffs Medical Benefits Class Action Settlement Agreement, Exhibit 8: Specified Physical Conditions Matrix, Table 1: Acute SPECIFIED PHYSICAL CONDITIONS, and Table 3: Chronic SPECIFIED PHYSICAL CONDITIONS. http://www.laed.uscourts.gov/OilSpill/4.pdf

5 Charles Peterson, Stanley Rice, Jeffrey Short, Daniel Esler, James Bodkin, Brenda Ballachey, and David Irons, “Long-term Ecosystem Responses to the Exxon Valdez Oil Spill,” 2003; 302:2082–2086. See also Riki Ott, Sound Truth and Corporate Myths: The Legacy of the Exxon Valdez Oil Spill (Dragonfly Sisters Press, Cordova, AK: 2004), available at: www.rikiott.com

6 http://globalaccessmedia.org/consequence-oil-part/

7 Sciencecorps, 2010, Gulf Oil Spill Health Hazards. http://www.sciencecorps.org/Gulf_Spill_Chemical_Hazards_Report.pdf

8 Dahr Jamail, “Gulf seafood deformities alarm scientists,” Aljazeera English, April 20, 2012, http://www.aljazeera.com/indepth/features/2012/04/201241682318260912.html; BP blamed for ongoing health problems,

http://www.aljazeera.com/indepth/features/2012/04/2012420725163795.html

9 Kim Murphy, LA Times, November 5, 2001. http://groups.yahoo.com/group/EVOS/message/33

10 Martha Stanbury et al., Acute Health Effects of the Enbridge Oil Spill, Lansing, MI: Michigan Department of Community Health, November 2010, http://www.michigan.gov/documents/ mdch/enbridge_oil_spill_epi_report_with_cover_11_22_10_339101_7.pdf; Dahr Jamail, “Pipeline of ‘poison’,” Aljazeera English, Oct. 17, 2011. http://www.aljazeera.com/indepth/features/2011/10/2011101151776808.html

11 Michelle BorlandSmith, Jackson, MI, pers. communication.

12 Michelle BorlandSmith, Jackson, MI, pers. communication.

13 NRDC et al., Tar Sands Pipeline Safety Risks, June 2011, on p. 6, http://www.nrdc.org/energy/files/tarsandssafetyrisks.pdf

14 Cornell University Global Labor Institute, The Impact of Tar Sands Pipeline Spills on Employment and the Economy, March 2012, http://www.ilr.cornell.edu/globallaborinstitute/research/upload/GLI_Impact-of-Tar-Sands-Pipeline-Spills.pdf

15 Erin O’Sullivan, “Toxic and tax exempt,” Oil Change International, April 2, 2013, http://www.earthisland.org/journal/index.php/elist/eListRead/how_tar_sands_spills_from_michigan_to_arkansas_cost_us_all/; Oil Change International et al., “Irrational exemption: Tar sands pipeline subsidies and why they must end,” May 14, 2012, http://ecowatch.com/2012/tar-sands-industry-remains-exempt-from-spill-liability-fund/ and http://priceofoil.org/wp-content/uploads/2012/05/Irrational-exemption_FINAL_14May12.pdf

16 http://www.nola.com/news/gulf-oil-spill/index.ssf/2010/07/media_boaters_could_face_crimi.html

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Canadian Oil Sands: Location of Canadian oil sands and viscous heavy oil deposits (Source: Canadian Association of Petroleum Producers (CAPP) website at http://www.canadasoilsands.ca/en/)

Canadian Oil Sands: Location of Canadian oil sands and viscous heavy oil deposits (Source: Canadian Association of Petroleum Producers (CAPP) website at http://www.canadasoilsands.ca/en/)

On Good Friday, an ExxonMobil pipeline carrying Canadian Wabasca Heavy crude burst in Mayflower, Arkansas and was discovered—not by the pipeline company—but by a local resident.  According to the Canadian Energy Pipeline Association (CEPA), which referred to Wabasca as “oil sands” in a report, the “heavy crude” is a heavy bitumen crude diluted with lighter liquids (or diluted bitumen also called dilbit) to allow it to flow through pipeline. So we will be referring to the spill as oil sands to differentiate it from crude oil.

Exxon Mobil Corp continues its efforts to clean up thousands of barrels of Canadian tarsands spilled from a 65-year-old pipeline in Arkansas, as a debate rages about the safety of transporting rising volumes of the fuel into the United States.

Oil Sands spilling from Exxon pipeline, March 29, 2013

Oil Sands spilling from Exxon pipeline, March 29, 2013 – http://switchboard.nrdc.org/blogs/aswift/tar_sands_pipeline_safety_risk.html

The Pegasus pipeline, which ruptured in a community near the town of Mayflower, spewing oil sands across lawns and down residential streets, remains shut and Exxon didn’t begin excavating the area around the breach until Monday, a critical step in assessing damage and determining how and why it leaked.  And no reports we have seen indicate the community was alerted to the potential health impacts the residents might experience.

Exxon Mobil’s Pegasus pipeline crosses 13 miles of the Lake Maumelle watershed. Many are concerned this poses a risk to Central Arkansas’s water supply, which includes the drinking water for Little Rock, the capital and the largest city of the state of Arkansas

The spill has stoked a discussion about the environmental dangers of using aging pipelines to transport dilbit from Canada, as a boom in oil and gas production in North America increases volumes moving across the continent.  The Pipeline and Hazardous Materials Safety Administration (PHMSA) said in a recent report that more than half of the nation’s pipelines were built in the 1950s and 1960s in response to higher energy demand after World War II.  This is of particular interest to East Texans who may become host to hundreds of miles of re purposed Seaway pipeline that, like the Arkansas pipeline, passes near three major DFW water supplies.

Environmentalists argue that oil sands are more corrosive to pipelines than conventional oil and that spills from these pipelines pose a risk to drinking supplies and the health of residents living near a spill.

A 2010 Michigan spill resulted in residents being evacuated up to six miles away with more than 60% of the local population complaining of illness. (Source: Michigan Messenger,July,  2010)  In a spill of oil sands, high levels of benzene and hydrogen sulfide go airborne requiring evacuation.

A film crew from the DFW area doing a documentary on the Tarsands fight, that traveled with a group of Texans to the Climate Rally in DC in February, were quickly dispatched after the Arkansas spill was discovered.  They have shared with environmental groups that while filming in a local elementary school not far from the spill, numerous children at the school were reporting bouts of vomiting.

Children living near the Michigan spill reported cases of vomiting, upset stomach, shortness of breath, lethargy, headaches, rash, irritation with the eyes, sore throat, and cough withing the first week. Adults experienced migraines, eye irritation, sore throat, nausea, and coughing, and pets suffered from continuous vomiting and diarrhea.  While the pipeline company told residents that they couldn’t prove that the pipeline spill was the cause, the EPA established that there were 15 parts per billion of benzene in the atmosphere in the region of the spill, which is roughly three times the standard established as safe for human exposure.

And to add insult to injury, this community found out after the fact that, while companies that transport oil are required to pay into the Oil Spill Liability Trust Fund, giving the government a pot of money for immediate spill responses, the Enbridge pipeline in Michigan and the Exxon pipeline in Arkansas, are exempt because these pipelines are not considered to be carrying “conventional oil”, despite the fact bitumen spills are more expensive and more dangerous.

So after 3 years, the Michigan spill is far from being cleaned up, and the long term affects of exposure to the toxins released from the spill won’t be known for years.  We can only anticipate that the Arkansas community will experience similar issues in cleanup efforts and Little Rock will wait to see if there are going to be impacts on their water resources.

Texans along the pipeline routes have expressed many of these concerns over the past year fighting the tar sands pipeline companies that want to run these through their lands and here are a few things that they have learned.

Despite tar sands unique properties of high pressure, high transport temperatures, higher acidic, sulfuric, and chemical content, these pipelines are built to conventional crude pipeline standards and in Texas:

  • Emergency response plans are only required after a pipeline company begins operations, not before.
  • Pipeline testing is self-determined by industry for both new and re-purposed pipelines.
  • The Railroad Commission has few inspectors to check pipeline integrity.  Companies only propose flyover inspections of these lines every two weeks.
  • Pipelines travel through rural areas, are considered low consequence, so are not given the same safety considerations as more populated,  high consequence areas.
  • Volunteer fire departments in rural areas lack the expertise, training and equipment  to deal with a tar sands spill which is a hazardous material spill
  • Computerized detection system tout spotting pipeline problems within 10 minutes, but this has failed with both new and re-purposed pipeline spill detection.

I certainly don’t feel like the government has my best interest at heart looking at these failures to protect the citizens of Texas and other states along these pipeline routes.  We will be watching this one.

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beforenafter1[1]The Keystone XL pipeline is embroiled in controversy from coast to coast. Environmentalists are rallied by its giant carbon footprint, the damage caused by spills, and the destruction of Canada’s boreal forests. Meanwhile, landowners are being forced to give up their property rights and cope with unacceptable safety issues.

More than thirty Texas waterways will be threatened by Keystone XL pipeline spills.  Tar sand is very difficult to clean up, especially in water.  And, Keystone XL is not required to pay the standard eight cents per barrel tax into the Oil Spill Liability Trust Fund, which means the cost to clean up any spills along the pipeline could become the tax burden of U.S. Citizens.  When tar sand comes into contact with water it begins to separate, leaving the heaviest, thickest product on the bottom.  Meanwhile, benzene and other airborne toxins are lifted to the surface of the water and evaporate into the atmosphere, directly threatening human life.

Burst pipelineLandowners in Texas have been confronted with having a tar sand pipeline cross their farms and ranches.  Ranchers and farmers have no choice where the pipeline lays down on their property.  The easement around the pipe is fifty feet wide, and there will be a kill zone around and under the pipe due to its temperature, which may exceed 158 degrees F. A running pressure of 1,600 pounds per square inch introduces the possibility of a stream with enough force to cut a person in two should a small rupture in the pipe occur.  But, problems with the pipeline do not stop at inherent danger.  The land owners are given a choice of payment for the easement, which requires them to pay taxes on the land under the pipe or, they can have the easement condemned, which leaves them without the right to use that property.  In truth, the land owners have no option when companies such as Keystone XL decide that a pipeline should cross their property, except to deal with the risks, or leave.

To make matters worse, the tar sands that would flow through the Keystone XL pipeline won’t even be used in the U.S. – they are destined for export to foreign countries.  So, we will incur the risks to our land and water and will suffer the consequences of climate change, but we won’t have any more energy security than we do now.  That’s a bad deal.  The risks associated with the Keystone XL pipeline are unacceptable. Most importantly, these risks are avoidable.  Let President Obama know that you want him reject the Keystone XL pipeline because the risks don’t outweigh the benefits.  The recently released draft Supplemental Environmental Impact Statement (SEIS) from the U.S. Department of State acknowledged that construction of the Keystone XL pipeline would create “numerous” and “substantial” impacts on the environment, but it claims the project is better than the alternatives.  If you disagree, as I do,  send comments on the draft SEIS via email to: keystonecomments@state.gov.

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Today, the the Department of State released a Draft Supplemental Environmental Impact Statement (SEIS) for the new Presidential Permit application for the proposed Keystone XL pipeline.

The SEIS acknowledges that the construction of the controversial Keystone XL pipeline would create “numerous” and “substantial” impacts on the environment, but they are claiming that the project is a better than any of the alternatives, essentially clearing the project to go ahead.

The report concluded that the tarsands diluted bitumen (dilbit) that the pipeline will transport into and across the U.S. produces 17 percent more greenhouse gases than heavy crude oil refined on the Texas Gulf Coast. In addition, it said the construction phase of the project would result in carbon dioxide emissions equivalent to about 626,000 passenger vehicles operating for a full year.

The Draft Supplemental Environmental Impact Statement, once published by the EPA, starts the clock on the public comment period.  At this time, we expect the SEIS to be published sometime next week.  Our best guess is Wednesday.  From that point, the public will have 45 days to comment on the document, so let’s dust off our legal pads and pens and start drafting our comments.  Having spent three days on a bus and marching around the mall in Washington DC in freezing weather with many of you, I know you have a lot to say.

Comments can be addressed to the following mailbox: keystonecomments@state.gov.

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2013-02-17 Forward on Climate Rally on the National MallI have been a Public Citizen intern since January of this year.  As a Political Science graduate student, in both Undergraduate and Graduate studies I have been immersed in the political process and the theories behind the ideas that have formed our nation.  When I was a bit younger, I dabbled in political activism, with issues like civil rights and equal rights, which are still very near and dear to my heart.  But, I never took the plunge into becoming a full on activist.

Thursday, February 14th, I had the opportunity, through Public Citizen and The Sierra Club, to get on a bus with 48 other Texans and make the long trek to Washington D.C. for the Forward on Climate Rally.  I had been to D.C. several times before, but never for a cause.  Our bus departed from Austin, Texas and made stops in Dallas and Tyler.  At each stop, new people joined us.  Each person on the bus had their own reasons for engaging in this somewhat grueling 30 plus hour bus ride.  Each person was motivated enough to take time out of their schedule and commit to a less than comfortable ride on a bus to our nation’s capital.

In the early part of our journey, many people did not know each other.  Many of us were coming from different places geographically and in life.  As the hours wound on, conversation and ideas began to flow on the bus.  People began to relax and conversations began to percolate throughout the bus.  After the formalities, discussions began on why we were on this trip.  There were people directly affected by the Keystone Pipeline.  Others were concerned with climate.  Some were just champions of the Earth.  For quite a few of my fellow bus riders, activism was old hat.  Others, such as one older, retired gentleman, still were hesitant to call themselves activists.  Some were believers in the cause, but just there for the exchange of ideas and to observe.  But, within the varying reasons for attending the trip, a common thread was clear.  Something needs to be done about climate change.  That was something everyone could agree upon, regardless of what school of thought they were coming from.

As for me, when I got on the bus, I did not really know which one of these types I was.  Climate change has always been a concern to me.  I try to live a “green” life.  I knew the Keystone Pipeline was bad news from things I had read and heard, but I suppose that I was never mad enough to do anything about it.  For me, civil rights and related social issues had always been the most important…

As the trip wore on, we all began to become friends.  We shared experiences and ideas.  By the time we arrived in D.C., we were no longer a bus full of strangers.  There was a feeling that we were a team, and some of us had become quick friends.  Our group spanned many different generations and encompassed many different levels of involvement in the cause. 

Friday night and Saturday, through some downtime and tourism, the group continued to solidify.  Our bonding was increased through a night on the town and sightseeing, but the main event was yet to come.

Sunday, February 17th began by loading on the bus and heading to the Public Citizen D.C. office for breakfast and some interviews with a reporter.  Outside, the cold was biting, with a wind chill of 6 degrees.   As we prepared to depart for the National Mall, the excitement level was high despite a lack of sleep and the cold weather. 

2013-02-17 Forward on Climte Rally March on the White HouseWe arrived near the Washington monument to a sea of busses.  Hundreds of busses.  We arrived about an hour early, and there were people as far as the eye could see ready to participate in democracy.  The estimates of number of people at the Forward on Climate rally ranged from 35,000 to 50,000.  As the rally began, speakers began to deliver messages from many different points of view.  Some were directly affected by the pipeline, other were speaking of climate change and activism.  The excitement level of the crowd increased with every speaker.  The climax of the rally was the 10’s of thousands of us marching to the White House.  The street was packed from curb to curb all the way around the White House.  We now know that President Obama was playing golf with Tiger Woods and oil executives, so he did not see the awe –inspiring site of that many people united for our climate.  Everywhere you looked there were signs.  When you stopped to listen, you could hear chants that would begin with one person and end with a united crowd chanting in solidarity.  While marching around the White House, you almost forgot how cold it was. (It was really cold)  When we returned to the National Mall, I had a sense of accomplishment.  You could not help but feel that we had done something important, united together as a group as varied as any ever assembled.  People of different ages, races, economic backgrounds, and geographic locations; all united in for the planet.  It was then that something I should have realized all along dawned on me.  Climate change and human/civil rights are intertwined.  They are so deeply related, that it is almost hard to see the preverbal forest for the trees.  Without one, there cannot be the other.  It also dawned on me that this is the fight of our generation.  This is the legacy that we should pass on to our children and their children. Our Earth and our climate is intrinsically a human right.  If we do not take action, there may not be an inhabitable planet for future generations, which would be the greatest violation of human rights in our history.  Through the interactions on the bus, the speakers, the sights and the sounds, something that should have been painfully obvious to me was finally made clear.

We cannot be passive observers in this fight against climate change.  We cannot be passive observers in things like the Keystone XL, even if we think they do not directly affect us.  (It does)  The time to remain silent is gone.  It is time to call on everyone who knows these things are terrible to use their voice, their right to free speech, and the democratic process to put an end to this insanity.  The Earth cannot wait while we sit idly by and do nothing while corporations destroy her under the guise of “progress” and “economics.”  We need to stand up and let them know that we will not stand for irresponsible practices and violations of our planet.  We must activate to preserve our climate and Earth for future generations.  We must let President Obama know that we won’t stand for the Keystone XL. 

For me, it is now no longer an option to passively oppose what is going on.  Activism is now a necessity.   I would urge everyone to use their voice, stand up and be heard.    

               

 

     

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Austin for Climate Change Action

Couldn’t make it to the rally in Washington D.C. to protest the Keystone XL pipeline? It’s okay, neither could we! So instead we’re going to have a rally of our own to show our support and to raise climate change awareness here in Austin. Please join us at 5th and Lamar (in front of Whole Foods) on Sunday, February 17th at 2 P.M. Wear a blue shirt (or a No K XL shirt if you have one) and bring an anti Keystone XL/climate change awareness sign. Let’s make a statement that we won’t tolerate dirty energy any longer.

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Today, Energy and Commerce Committee Ranking Member Henry A. Waxman issued the following statement on new research from the Pembina Institute and Oil Change International, indicating that the Keystone XL pipeline will accelerate the reckless expansion of the tar sands industry and the climate impact of tar sands and the pipeline will be significantly worse than anticipated:

“The new reports show that TransCanada’s Keystone XL pipeline is the key that will unlock the tar sands.  If the pipeline is approved, the world will face millions more tons of carbon pollution each year for decades to come.  After Hurricane Sandy, devastating drought, unprecedented wildfires, and the warmest year on record in the United States, we know that climate change is happening now, we have to fight it now, and we must say no to this pollution pipeline now.”

To access the report released at the event, please visit:
Petroleum Coke: The Coal Hiding in the Tar Sands – Oil Change International
The climate implications of the proposed Keystone XL pipeline – The Pembina Institute

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Submit a comment to the Nebraska Department of Environmental Quality (DEQ) on how risky the Keystone XL pipeline route is for the Nebraska Sandhills and the Ogallala Aquifer. Help us get over 1,000 comments submitted.  Click here to send a comment to the Nebraska DEQ.  If you are not from Nebraska, change the comment and let them know how this affects you.

The Ogallala Aquifer is part of the High Plains Aquifer System.  It is a vast, yet shallow, underground water table aquifer located beneath the Great Plains in the United States. One of the world’s largest aquifers, it covers an area of approximately 174,000 square miles in portions of eight states.  These include South Dakota, Nebraska, Wyoming, Colorado, Kansas, Oklahoma, New Mexico, and Texas.

 

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Actress Daryl Hannah has been arrested along with Winnsboro ranch owner Eleanor Fairchild, 78, while staging a protest against Keystone XL construction on Mrs. Fairchild’s farm. The duo where defending Mrs. Fairchild’s home and business, Fairchild Farms, a portion of which has been expropriated by TransCanada, for its toxic tar sands pipeline.

More details on their blog: http://tarsandsblockade.org/darylandeleanor/

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Eight Tar Sands blockaders just climbed 80 feet into trees in the path of Keystone XL construction, and pledged not to come down until the pipeline is stopped for good. TransCanada workers are starting to arrive on the scene. The tar sands blockade folks will be tweeting and live blogging as today’s action unfolds so check for live updates throughout coming days…weeks?!

You shall not pass!

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Update:

Around 11 am today, after 48 hours, the five tar sands blockaders who were jailed on Wednesday in Franklin County were freed! They were being held on a $2,500 bail each. Click here to keep up with what is happening with the blockade.

On Wednesday, September 19, 2012 around 8:00AM, three landowner advocates and climate justice organizers locked themselves to a piece of machinery critical for Keystone XL construction in Franklin County, Texas. They did so to defend David Hightower’s. As construction crews arrived at Mr. Hightower’s to begin clear-cutting his trees and home vineyard, Tar Sands Blockade supporters were in David’s front yard continuing their vigil

By 11:30 am, five arrests had been made at the Keystone XL construction site outside Winnsboro, Texas. The three brave blockaders locked to tree clear-cutting machinery delayed operations at the site for the day.

All 5 of the arrested blockaders were still in jail at the end of the day on Thursday since the four Franklin County justices of “peace” refused to hold a bail hearing. None of them are “available.”  They are scheduled to go before the judge around 8 or 9 this morning, Friday, September 21.

As of this time, we have not heard whether they have been released.

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UPDATE 10/2/2012 –

The court in Beaumont has given TransCanada the right to begin building portions of the Keystone XL Pipeline through Johnson County.

County Court at Law Judge Tom Rugg Sr. did blocked access to one parcel of disputed land until the company meets legal requirements giving proper notice to all parties.

Earlier, Rugg made clear that he believes Texas law required him to grant a writ of possession to TransCanada to construct parts of the politically controversial pipeline to carry Canadian tar sands to Gulf Coast refineries. He added that technical issues needed to be resolved first that his further ruling determined that TransCanada file two necessary surety bonds required by law of $20,000. He ruled. “As those bonds have two sufficient sureties, the statutory requirements for the issuance of writs of possession are now met.”

In a central matter in the case, Rugg said a different court would need to determine whether TransCanada is a common carrier with the power to seize land under eminent domain law.

UPDATE:  While Judge Rugg expressed regret for the lack of clarity from the higher courts. “I’m left with no guidance from Denbury,” he said.  He, nevertheless promised to rule by Sept. 24th.  We will let you know as soon as we hear about the ruling.

KEYSTONE PIPELINE V. TEXAS RICE FARMERS SET FOR HEARING – Must TransCanada prove common carrier status before trenching begins?  That is the question Polly Hughes of the Texas Energy Report poses in the article reprinted below.

A battle over the right of pipelines to seize private land heads to court again Wednesday when the Texas Rice Land Partners challenge TransCanada’s use of Texas eminent domain law.

TransCanada has begun construction of the southern leg of the controversial Keystone XL Pipeline from Cushing, Okla., to Texas Gulf Coast refineries. The pipeline, which will carry oil sands, also referred to as tar sands, has stirred controversy with environmentalists who say a spill of the heavier diluted bitumen would be far more treacherous for waterways and aquifers than spills of ordinary crude oil.

“The Keystone XL crosses and exposes threats to water resources for the Carrizo- Wilcox Aquifer, which feeds and supplies water, drinking and agricultural resources for up to 10 million Texans,” Chris Wilson, an anti-tar sands activist opposing TransCanada’s pipeline told members of the Texas Railroad Commission Tuesday.

At issue in the Jefferson County Court at Law case in Beaumont is whether TransCanada has a right to take possession and begin trenching on land before the company proves its has eminent domain rights, according to the activist group known as TURF, Texans Uniting for Reform & Freedom.

The defendants in the case, James and David C. Holland and the Mike Latta Family, make up the Texas Rice Land Partners who sued the Denbury Green Pipeline Co. over its right to seize land under eminent domain law and won at the Texas Supreme Court. The courtunanimously ruled that before the company could seize private property and claim eminent domain rights, it needed to prove it was a common carrier serving a legitimate public use. Merely self-declaring common carrier status by checking a box on a one-page administrative form at the Railroad Commission was not enough.

Debra Medina, a former Republican gubernatorial candidate who has taken up the eminent domain battle with parties opposing TransCanada, said the defendants will ask the court to require the company to prove its common carrier status and right to use eminent domain before it grants a writ of possession allowing trenching to begin.

She said 60 pipelines cross the Holland Family’s land, but only two – Denbury Green and TransCanada – have resorted to using eminent domain law rather than reach a mutually satisfactory financial agreement with the family.

“This landowner wants a fair price,” she said, adding that she thinks the Texas Supreme Court’s ruling means the burden of proof is on TransCanada and not the landowner.

Ramrodded by veteran reporter Polly Hughes, the Texas Energy Report’s Energy Buzz specializes in what is happening on the ground in Texas energy ranging from dedicated coverage of the Texas regulatory agencies to battles in the Legislature that affect the future of the industry.

Copyright September 11, 2012, Harvey Kronberg, www.texasenergyreport.com, All rights are reserved.  Reposted by TexasVox.org with permission of the Texas Energy Report.

We will report on the outcome of this court case when it becomes available.

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Update:

At 11 am this morning, after over 48 hours in the Franklin County jail, the 5 tar sands blockaders who were arrested on Wednesday were freed. They were being held on a $2,500 bail eachClick here to visit the Tar Sands Blockade blog to find out what is happening.

At 7AM Wednesday morning, September 5, 2012, three landowner advocates and climate justice organizers locked themselves to equipment used for clearing large trees in the path of the Keystone XL pipeline.  Shortly thereafter, seven trucks with 20-25 workers showed up at the site to meet their foreman only to be turned away. One truck with a ditch witch continued on to the easement. The trucks that brought the workers to the site all had out of state plates from Oklahoma,  Tennessee, and Pennsylvania.  The protesters didn’t know if any of the workers on those trucks were from Texas or not, but it begs the question about TransCanada’s claims that this will bring jobs to Texas.

This action halted work on a segment of TransCanada’s illegitimate pipeline outside of Saltillo, TX.  The organizers tell us that they are fulfilling their promise of their campaign of nonviolent civil disobedience pushing forward.

You can track what is happening at the site throughout the day at the Tar Sands Blockade blog – http://tarsandsblockade.org/.

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4 Tar Sands Blockaders are Locked to Truck Carrying Keystone XL Pipeline in Livingston, TX, bringing construction on the Keystone XL pipeline to a stop!!

Check out this video testimonial of four of today's blockaders!

Follow the action right now on the Tar Sands Blockade LIVE BLOG and tell the world about it.

Just minutes ago four landowner advocates and climate justice organizers locked themselves to the underside of a massive truck carrying 36″ pipe intended for Keystone XL construction. The truck is parked, idled at the entrance of the pipeyard, rendering construction activity impossible. Seven blockaders total are onsite risking arrest. The Tar Sands Blockade will be getting photos and video throughout the day.

This action comes in response to a recent court ruling giving TransCanada the green light to steal a piece of Texas landowner Julia Trigg Crawford’s home. Last week, Lamar County Judge Bill Harris insulted this  hardworking local farmer by sending a 15-word summary judgment to her from his iphone.  It’s an injustice they vow won’t be allowed to stand.

The blockaders tell us this is only the first of many actions coming down the pipeline, and that is how they intend to win—with passion, persistence and people power.

Arrests are expected, and these brave souls will need all the support that we can give them as they are jailed for justice.

TransCanada tried to keep the start of construction on this pipeline a secret, and the Tar Sands Blockade was there to expose it. They are letting them know how serious they are by shutting it down for as long as they can today.

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