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Request That Governor Cuomo Deny All Section 401 Water Quality Certification Applications for Proposed Natural Gas, Crude Oil and Petroleum Product Infrastructure Projects Across NYS
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Happy Holidays,
With very best of wishes, I write to request that you become a signatory to an extraordinarily important new coalition letter.
A number of gigantic proposed natural gas, crude oil and petroleum product infrastructure projects in New York cannot begin construction because they lack requisite Section 401 Water Quality Certifications pursuant to the U. S. Clean Water Act.
These include the proposed Constitution and Northeast Energy Direct (NED) pipelines as well as the New Market Project expansion of the existing Dominion pipeline.
See: Existing and Proposed Pipelines Map
Toxics Targeting was recently asked by residents potentially threatened by those projects to investigate the matter.
We found that the New York State Department of Environmental Conservation can only grant Section 401 Water Quality Certifications when it determines, "that the proposed activity will not violate water quality standards (emphasis added)." This includes both the construction as well as the operation of the project.
Toxics Targeting researched existing natural gas, crude oil and petroleum product infrastructure projects across our state to determine if they had resulted in water quality violations. You will be appalled by what Toxics Targeting found.
Please see below a total of 114 spill profiles which document natural gas, crude oil and petroleum product infrastructure projects all over New York that resulted in major explosions, fires, leaks, accidents, spills and toxic discharges. These uncontrolled releases caused extensive water pollution hazards that often were never cleaned up to applicable state standards.
These examples document that DEC obviously cannot fulfill its Section 401 obligations.
See below and: Natural Gas, Crude Oil and Petroleum Product Pipeline Fires, Explosions, Accidents, Ruptures and Spills
GAS PIPELINE EXPLOSION PARKER SCHOOLHOUSE RD HARPERSFIELD, NY Spill Number: 0311969. Meets Clean up Standards: No
01/25/2004. "Some form of failure in the pipeline that caused a release of propane − the propane did ignite."
"CAUSE TO BE DETERMINED BUT SEEMS TO BE EQPT FAILURE AT SHUTOFF VALVE. ESTIMATE ~357,000 G GAS RELEASED. BURN TIME ~18 HRS. ONE HOME LEVELED ~100 YDS AWAY."
NATIONAL FUEL GAS Spill Number: 9407666 CENTERLINE ROAD AURORA, NY.
09/07/1994. "GAS PIPELINE EXPLOSION."
ENTERPRISE PIPELINE KEYSER KILL @ FLAT CREEK KEYSER KILL RD @ FLAT CREEK RD GILBOA, NY Spill Number: 1005911 Meets Clean up Standards: No
08/27/2010. "PROPANE LEAK FROM PIPE, TOWN OF GILBOA"
PROPANE GAS 137886 GALLONS
"8/30/10−about 100 homes evacuated."
CORNING NATURAL GAS PIPELINE Spill Number: 0912284 ACROSS FROM 2177 BAILEY CREEK ROAD CORNING, NY. Meets Clean up Standards: No
02/22/2010. "CALLER REPORTS GAS LEAK FROM MAIN SUPPLY LINE. GAS IS BUBBLING THROUGH A BEAVER DAM POOL."
BUCKEYE PIPELINE LEAK/ERIE CANAL Spill Number: 0410251 837 BUFFALO ROAD GATES, NY. Meets Clean up standards: No.
12/15/2004. Material Spilled: Gasoline Quantity Spilled 4200 GALLONS
"A BUCKEYE PIPELINE INVESTIGATOR (ED) IS ON SITE AND REPORTS A PIPELINE FAILURE WITH A POSSIBLE SEVERAL THOUSAND GALLON GASOLINE AND DIESEL RELEASE."
Take Action Today
I IMPLORE YOU TO TAKE IMMEDIATE ACTION TO REQUIRE GOVERNOR CUOMO TO DENY All SECTION 401 WATER QUALITY CERTIFICATION APPLICATIONS. DO NOT DELAY EVEN A MOMENT. THOSE APPROVALS COULD BE GRANTED LITERALLY ANY DAY.
CALL GOVERNOR CUOMO DURING BUSINESS HOURS AT 518 474 8390.
Respectfully request that the Governor immediately deny all pending Section 401 Water Quality Certification applications for natural gas, crude oil and petroleum product infrastructure projects, including, but not limited to the proposed Constitution and Northeast Energy Direct pipelines as well as the proposed New Market Project expansion of the existing Dominion pipeline.
Underscore that Governor Cuomo has a duty to deny all pending Section 401 Water Quality Certification applications because his Department of Environmental Conservation cannot fulfill its legal mandate pursuant to the U. S. Clean Water Act. DEC's own data document the agency's on-going failure to prevent water quality violations at existing pipelines all over New York.
See: Section 401 Certification
See: Existing and Proposed Pipelines Map
Conclusion
Our coalition letter to Governor Cuomo requests that, "Unless and until your administration rectifies the regulatory non-compliance problems documented herein and proves it is capable of fulfilling its obligations pursuant to Section 401 of the Clean Water Act, no additional water quality certifications should be granted. The requirements of Section 401 of the Clean Water Act make that perfectly clear."
Become a Signatory Today: New Coalition Letter Requests That Governor Cuomo Deny All Section 401 Water Quality Certification Applications for Natural Gas, Crude Oil and Petroleum Products Infrastructure Projects.
Make it happen! Onward and upward.
Happy Holidays,
Walter
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