Paul Gallay Audrey FriedrichsenPresident and Hudson Riverkeeper Land Use and Environmental Advocacy Attorney

Crude Oil Transport on the HudsonPhoto:Moses Fridlich/ Bear Mountain Bridge

Be social!

Protects the Hudson River watershed and safeguards the drinking water of 9 million New Yorkers.

Crude oils are not created equal

Photo: Ben Garvin Photo: DOI

Shale Crude 20-25% Heavy Crude 0-5%

Photo : Michael Neil O'Donnell

~2 Daily

3M Gallons

Weekly

8.4M Gallons

~1 Daily

4M Gallons

Fracked Shale Oil Moves By Rail to Albany from the Bakken Oil Shale Formation

Photo: New York TimesSources: Energy Information Administration, BNSF, Canadian Pacific, CSXGraphics By Guilbert Gates and Joe Burgess

4000% Increase in crude by rail transport from 2009 to 2013. Current market has reduced flow but markets fluctuate.

DEC turned Albany into a crude hub overnight in 2012.

2.8b Gallons

Photo: Mike Groll/ AP Photo

DEC Complete App

2015 Global

Sues over heavy

crude

2015- Notice

of Intent to

Sue Global

over

throughput

Photo: 2013 Sûreté du Québec

Lac-Mégantic, QuebecJuly, 2013

$1b+

Innocent Lives Lost

47 Fish Deformiti

es2016 Quebec Gov’t Report

Photo: Chad Gomes / Riverkeeper

“Federal regulators have told us to expect at least 10 major derailments of crude oil trains a year” — Kate Hudson, Riverkeeper, Director of Special Projects

Puncture Prone: 1991 NTSB Report

82% are unsafeComprehensive spill response plans are not required by law for crude by rail.

Aliceville,

Alabama

November, 2013

Galena, IL (March, 2015)

Mt. Carbon, WV (February, 2015)

Timmins, Ontario (February, 2015)

Gogama, Ontario (March, 2015)

CRUDE BY RAIL: CONCERNS

Transit• Speed Limits• Routes (habitat,

cities, water)• Derailments• Notification• Response Assets• Response Access• Infrastructure

Loading• Labeling• Classification• Stabilization• Tank Car Design

(common carrier)• Small Spills• Cumulative Issues

(production, gathering)

Off-Loading• Air Quality• Oil Spills• Throughput Fees• Cumulative Issues

(refineries, ports)• Security Risks• Community

Access (idle trains)

A derailment could force the evacuation of communities in Putnam

Photo: Leah Rae

A Bakken oil train explosion and fire in North Dakota in 2013

required an evacuation in a 5-mile radius.

Toxic smoke from a similar oil

train derailment and explosion in Orange County, carried west to east on the Hudson’s prevailing

winds, could force evacuation of communities in Putnam County.

In 2014 Riverkeeper’s Boat Captain Uncovered Deteriorating Rail Bridges Along the Hudson.

Afterwards, citizen inspections went nationwide.

VideoBit.ly/19Mja54

250 Bridges Inspected

Nationwide

Weak Federal

Oversight

46%deficiencies

Photo: Casselton, North Dakota EcoWatch, 2013

STATE & FEDERAL ACTIONMay 2015 PHMSA Regulations and Congressional FAST 2016• FAST ACT Codifies Tank Car Design & Phase-Outs (loopholes could leave cars on the rails)

• Routing/Notification • Speed Limits imposed for High Threat Urban Areas (40mph cap)• Rail Bridge Transparency Improved yet Insufficient

State Actions• Ports & Rail Yards(Caps, Permit Reviews, Expansion Bans)• Inspection Blitzes• Throughput Fees• Spill response fund increase ($25 to $40 million)

Federal Actions• Regulations: Securement of Oil Trains• Proposed Regulations: Crew Size (currently only 1), Response Planning (Coast Guard, EPA)• Emergency Orders: Notification (state fusion centers, Speed Limits)• Coast Guard Updating Response Plans and Assets

STATE & FEDERAL INACTION• Lessons learned are being ignored (NTSB Reports)State Inaction

• Insurance/Assurance – NYS Senate Action Needed• Port & Rail Yard Expansion (Pre-2013)

Federal Inaction• Length/Weight Limits for trains (no answer to our petition)• OPA90 Liability Limits still less than $1 Billion• Programmatic EIS• Spill Response Technology – old & outdated (response ≠ capture) • Crude Oil Characterization

Interim Success: Upper Estuary Live Preparedness Drill Forthcoming in 2016

Updated Area Contingency

Plans are coming!

“A spill may also seriously damage Hudson Valley tourism, as well as place a substantial burden on communities that draw drinking water from the Hudson River.” –Paul Kirby, The Daily Freeman

75,000Poughkeepsie

12,288Hyde Park

5,300Rhinebeck

5,000Highland

4,500Port Ewen

Photo: The Advocate…the first tanker laden with Bakken crude—carrying as much oil as was spilled by the Exxon Valdez—ran aground and ruptured its outer hull six miles south of Albany…

– Riverkeeper Letter to Poughkeepsie, Rhinebeck, Hyde Park, Highland, & Port Ewen

December, 2012

12m Gallons

Stena Primorsk Galveston Bay, March 2014

Barge-on-ship

168,000 Gallons

Mississippi River

Feb 2014

Barge-on-Barge34,000

Gallons/96 recovered

ProposedPilgrim Pipelines

8.4mGallons

day

~600 Acres 79%

ROW

Crude Oil

Refined

GasolineKeroseneHeating

oil

Crosses Hudson River

2x+ over 232waterways

31 Municipalities

6 Counties

Drinking Water

MillionsNY/NJ

Huge Impacts of Pilgrim’s Dual Pipeline Construction and Operation.

168 Properties at risk

of Eminent Domain

~27State & Fed listed

endangered species

FarmsDozens of

working farms at risk

5Lateral Pipes

(Global Newburgh Lateral ~4.5 miles

long)

296Wetland

Crossings

100Foot gash down

the HV.

Huge Impacts of Pilgrim’s Dual Pipeline Construction and Operation, continued

3 State Parks

Catskill, Harriman, Sterling Forest

Spill Costs

Rate can reach 357k gal. per hour and cost

billions

RunoffStormwater

impacts During Construction &

Operation

Property Values

Pipelines negatively impact values and increase insurance

premiums

35Permanent

Access roads at 1 mile intervals

4 Pumping Stations

Photo Andre J. Jackson/ MCT; Data, PHMSA

A pipeline spill of more than 800,000 gallons of heavy crude affected 35 miles of the Kalamazoo River in Michigan, and hasn't been fully remediated four years later, despite a cleanup effort that has cost more than $1.21 billion.

865,200Gallons Spilled

Tioga, NDSeptember, 2013

120,000Gallons Spilled

Santa BarbaraMay, 2015

4mGallons Spilled

Yearly(National Average, Source: PHMSA)

Photo: USEPA Onsite Coordinator for Mayflower, Arkansas Tar Sands Pipeline Spill.

Pick Your Poison. Pipelines are not the safer alternative as industry claims.

2004-2012Pipelines Spilled

3X as much as oil

trains(Source:

International Energy Agency)

2003-2013

1,880 crude oil pipeline incidents

(~1 every 2 days)

44m gallons spilled $2.5b+ in property damage. (PHMSA)

New pipelines are failing at a higher

rate than the oldest pipelines

(1940s and earlier). Source: SNL Financial

Moscow's Moskva River Bursts into Flames after Buried Underwater Oil Pipeline Bursts. August, 2015.

Communities Stand Up to Pilgrim from Albany to Linden. Significant actions on the pipeline.

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60+ Local Governments Formally Oppose 22 NY and 38 NJ municipalities have passed resolutions formally opposing the project.

5 Groups Ask Thruway, DEC to Suspend Review Riverkeeper , Scenic Hudson and partners are urging DEC, Thruway to suspend review to prevent a waste of agency time, resources and taxpayer money based on a century old NY “TransCorp Law” that gives villages and cities a “yes” or “no” vote over the controversial oil pipelines. 5/9 Cities and Villages with veto power have already passed formal opposition resolutions.

Coalition Against Pilgrim Pipelines NY/NJ is a grassroots organization comprised of homeowners, farmers, environmentalists and concerned citizens are educating their local communities, gathering petitions and advocating to local elected officials.

“The transport of crude oil on and along the Hudson River presents a grave threat—the most significant new threat we’ve faced in a generation." – Paul Gallay, Hudson Riverkeeper and President

$4.7B

Tourism40

Significant habitats

100k

HudsonValleyResidents

Drinking Water

Strategies for Increasing Safety

Tar Sands on Hold. After Riverkeeper and Scenic Hudson submitted formal comments In May 2015, DEC issues a Notice of Intent to Rescind its November 2013 decision not to require an environmental review of Global’s oil heating permit request. Global has sued the DEC over this, Riverkeeper has motioned to intervene. Decision from the judge is pending.

Roll Back 2012 Permits. Riverkeeper , Scenic Hudson and partners are challenging the 2012 permit of Global’s Albany facility arguing that the permit to quadruple throughput violates the Clean Air Act.

Legal Watchdogs of Pilgrim Pipelines. Riverkeeper, Scenic Hudson and partners are carefully watching the environmental review process of the proposed project.

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Strategies for Increasing Safety

Cover Your Crude Requiring those storing, transferring and transporting petroleum products have adequate insurance to cover the cost of a potential disaster will incentivize safer transport. Passed Financial Assurance Legislation 135/6 in the Assembly 3/29/2016.

Rail Bridge Transparency. Railroads are now subject to requests from local officials about information regarding the safety and inspection history of individual rail bridges as part of the recent highway bill known as the “FAST ACT”.

Response and Preparedness. Scenic Hudson, Riverkeeper and our partners have successfully increased the spill response fund from $25 to $40 million. We are working collaboratively with the Coast Guard to stage a live drill, increase unannounced inspections of crude facilities and update response plans for the upper estuary.

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3 Citizen Actions Ask your State Senator to cosponsor financial assurance legislation!

Call Cuomo and say, “no to Pilgrim’s use of Thruway’s Right of Way” 518-474-8390

Urge your municipality and county to oppose Pilgrim pipelines through a formal resolution.

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Visit Riverkeeper.org/crude or http://www.scenichudson.org/ourwork/environmentaladvocacy/crudeoil to learn more and take action.

Paul Gallayoutreach@riverkeeper.org

Audrey Friedrichsenafriedrichsen@scenichudson.org

See our Action Table to sign letters to your Senators, take call-in scripts and model resolutions.