New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.125 - Executive order no. 125: directing the department of environmental conservation, the department of transportation, the division of homeland security and emergency services, the department of health, and the new york state energy research and development authority to take action to strengthen the state's oversight of shipments of petroleum products

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on July 6, 2013, a train derailment in
					 Lac-Mégantic, Québec involving tank cars carrying crude oil
					 caused the devastation of an entire community, the deaths of 47 persons, and
					 the evacuation of thousands; and
WHEREAS, on December 30, 2013, a train derailment in
					 Casselton, North Dakota caused 18 tank cars carrying crude oil to be punctured,
					 spilling more than 400,000 gallons of crude oil into the environment, and
					 causing a fire which resulted in the evacuation of more than one thousand
					 Casselton residents; and
WHEREAS, rail cars transporting crude oil traverse 1,000
					 miles of New York State's 3,500-mile freight rail network, from Western New
					 York along the Mohawk River and its communities to the Port of Albany, and from
					 Canada across the border at Rouse's Point along Lake Champlain and through
					 communities to the Port of Albany, where it is then transported south by rail,
					 ship, and barge on or along the Hudson River and along or through New York
					 communities to refineries in mid-Atlantic states; and
WHEREAS, much of the increase in the volume of crude oil
					 transported is due to increased production from the Bakken formation in North
					 Dakota, Montana, and Canada, which, due to lack of pipeline capacity, must be
					 transported by rail; and
WHEREAS, historically, rail transport of crude oil is safer
					 and more environmentally protective than truck transport; and
WHEREAS, there has been a significant expansion in the use
					 of the Port of Albany in the distribution and transportation of crude oil and
					 other petroleum products by rail, ship, and barge for shipment on and along the
					 Hudson River and along or through our communities to out-of-state refineries
					 and storage facilities; and
WHEREAS, the increase in frequency and numbers of rail
					 cars, ships, and barges carrying crude oil and other petroleum products through
					 hundreds of New York communities increases the public's vulnerability to a
					 serious accident; and
WHEREAS, New York's waterways, including the Hudson River,
					 Mohawk River, and Lake Champlain, on or along which rail cars, ships, and
					 barges travel, are unique ecological, cultural, economic, natural, and
					 recreational resources upon which millions of New Yorkers rely, which makes
					 these waterways especially vulnerable to spills of crude oil and other
					 petroleum products; and
WHEREAS, Bakken crude oil has a lower flashpoint and is
					 therefore more prone to ignite during a rail accident; and
WHEREAS, the U.S. Department of Transportation (USDOT) is
					 in the process of designating new safety standards and requirements for rail
					 tank cars and evaluating potential new rules for the transportation of
					 flammable liquids; and
WHEREAS, recognizing the value of these efforts, New York
					 nevertheless cannot await the final outcome of these federal assessments before
					 taking action; and
WHEREAS, New York is preempted by federal law from
					 regulating rail freight transportation and rail car safety standards, and the
					 navigation of vessels operating on the State's navigable waterways; and
WHEREAS, the New York State Department of Environmental
					 Conservation (DEC) has jurisdiction over air permitting, oil spill response,
					 and storage of petroleum products in bulk tanks; and
WHEREAS, the New York State Department of Transportation
					 (DOT) has jurisdiction to inspect freight rail track and equipment; and
WHEREAS, the New York State Division of Homeland Security
					 and Emergency Services (DHSES) provides assistance and support to local
					 entities relating to emergency planning, training, and response to incidents,
					 including petroleum spills and fires; and
WHEREAS, the New York State Department of Health (DOH)
					 assesses and monitors the human exposure and public health impact of petroleum
					 spills and fires, advises on the safe handling of hazardous materials and the
					 cleanup of such materials, and provides public information on health impacts
					 and protective measures; and
WHEREAS, the New York State Energy Research and Development
					 Authority (NYSERDA) acts as a central clearinghouse for energy resource
					 information, monitors and regularly reports on liquid fuel supply and market
					 trends, and maintains data on major liquid fuel storage terminals;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the Laws of the State of New York, do hereby direct that:
1. DEC, DHSES, DOT, and DOH shall promptly
				  petition USDOT, the U.S. Department of Energy (USDOE), the U.S. Department of
				  Homeland Security (USDHS), and the U.S. Coast Guard (USCG) to upgrade tanker
				  car and rail line safety, assess federal agency needs and risks, and pre-deploy
				  appropriate spill response equipment and resources to protect New York State's
				  communities, residents, land, and waterways from accidents involving the
				  transportation of crude oil and other petroleum products by rail, ship, and
				  barge; and
2. DEC and DHSES,
				  working with DOT, DOH, and NYSERDA, shall, in consultation with USDOT, USDOE,
				  USCG, and USDHS, conduct an assessment of the State's spill prevention and
				  response rules and inspection programs governing the transportation of crude
				  oil and other petroleum products by rail, ship, and barge; and
3. On or about April 30, 2014, DEC and DHSES,
				  with DOT, DOH, and NYSERDA, shall submit to me a consolidated report
				  summarizing the State's existing capacity to prevent and respond to accidents
				  involving the transportation of crude oil and other petroleum products by rail,
				  ship, and barge; and
4. This
				  consolidated report shall include but shall not be limited to:
(i) a summary of the State's readiness to
				  prevent and respond to rail and water accidents involving petroleum products;
(ii) recommendations concerning
				  statutory, regulatory, or administrative changes needed at the State level to
				  better prevent and respond to accidents involving the transportation of crude
				  oil and other petroleum products by rail, ship, and barge;
(iii) recommendations concerning the role
				  that local governments across the State have in protecting their communities
				  and their residents from spills of petroleum products shipped by rail and
				  water; and
(iv) recommendations
				  concerning enhanced coordination between the State and federal agencies in
				  order to improve the State's capacity to prevent and respond to accidents
				  involving the transportation of crude oil and other petroleum products by rail,
				  ship, and barge.
Signed: Andrew M. CuomoDated: January 28, 2014