Raymond, Maine is home to the 2nd pumping station on the Portland Montreal Pipe Line route.
Sebago Lake is the deepest and second largest lake in Maine.
The lake is connected to Brandy Pond by the Songo River and eventually to Long Lake in Naples. The name comes from a local Native American tribe. The lake is drained primarily by the Presumpscot River.
Panther Pond in Casco, Maine
Posted June 10, 2012 by Kevin Miller
The modern-day oil boom in the western U.S. and Canada is fueling interest in shipping crude oil by rail across Maine to a refinery in the Maritimes.
But the prospect of long trains of oil-filled tanker cars rumbling through Maine also has state environmental officials concerned, particularly in the wake of a recent derailment that sent several tanker cars of nonhazardous materials tumbling into the Penobscot River. As a result, state officials are reviewing their spill response strategies and making other preparations.
“It definitely got my attention with 104 rail cars of crude coming through the state,” Barbara Parker, head of the Maine Department of Environmental Protection’s hazardous materials response team, said in reference to a recent oil shipment.
Pan Am Railways and Montreal, Maine & Atlantic Railways are both exploring the feasibility of moving vast amounts of crude to an Irving Oil refinery in St. John, New Brunswick. Pan Am’s rail network was used to successfully deliver the first shipment of 100-plus tanker cars in late May, and MMA reportedly plans to follow suit soon.
The shipments are viewed as a potential financial windfall for railroads battling to maintain shipping volume. And for Irving, it is a chance for the New Brunswick-based refinery to tap into the massive amounts of oil flowing from wells in North Dakota and the controversial tar sands of Alberta, Canada.
Cynthia Scarano, executive vice president at Pan Am, said changes in the energy market have sharply decreased the tonnage of coal carried by the railway elsewhere on its network. So in order to achieve the shipping volume needed to remain profitable and maintain its work force, Pan Am is shifting its gaze from coal to oil.
“Pan Am is currently trying to expand its shipping base and there are a lot of new products that we are looking at, crude [oil] being one of them,” Scarano said. The expansions could allow Pan Am to add several additional 15-person crews, she said.
Irving officials did not return calls seeking comment, and an MMA representative declined to discuss the potential crude shipments.
Trains hauling potential pollutants and hazardous materials regularly rumble across Maine, unbeknownst to or unnoticed by many people and nearly always without incident. And federal interstate commerce laws protect those shipments from possible disruption whether by individuals, organizations or local governments opposed to the materials.
“That’s why it is interstate commerce,” said Nathan Moulton, director of the Maine Department of Transportation’s rail division. “If it wasn’t, you would have a town that would stop [the shipment] and you’d never be able to get anything from A to Z.”
Because it is a natural product, crude oil, or oil that has not yet been refined, is not technically considered a hazardous material. But due to its hazardous components and potential to cause long-lasting environmental damage when spilled, crude and other oils are strictly regulated and require specially trained response teams. And crude oil spills must be reported to the state.
Rail industry groups point out that shipping dangerous and hazardous materials by rail is the safest route — with 99.997 percent of hazmat delivered in 2009 without a release caused by a train accident, according to the Association of American Railroads. Rail accidents involving hazardous materials are down by 90 percent since 1980, the association said.
For that reason, rail is often the only allowable means of transportation under federal law for some of the most dangerous materials, such as chlorine and other chemicals that can be deadly when vaporized. As so-called “common carriers,” larger railroads also are prohibited from refusing to carry hazardous materials.
But as last month’s Pan Am derailment in Bucksport shows, train accidents do happen. And while the vast majority of accidents cause little more than a disruption to rail traffic, state environmental officials are taking an interest in what the shipments of large amounts of unrefined oil could mean to Maine.
“The transportation of crude oil across rail lines is a concern because many times, rail lines are very close to sensitive water bodies,” said Scott Whittier, director of the Maine Department of Environmental Protection’s oil and hazardous waste facilities division. “So it does present a potential threat that we need to prepare for.”
Those preparations include ensuring both DEP staff and other agencies are trained to respond to large oil spills along rail lines. DEP staffers are already trained to handle spills from the sea-going tankers and pipelines that feed or leave Portland, the second-largest oil import terminal on the East Coast. The department also is reviewing the solvency of a state oil spill response fund paid for with a fee charged on every barrel of any type of oil imported into Maine.
Parker, who is director of the DEP’s division of response services, said department staff regularly handle oil spills due to Maine’s reliance on heating oil. DEP staff also spent several weeks on the Gulf Coast helping with the response to the BP Deepwater Horizon spill.
But the so-called “tar sands oil” from Alberta is much heavier and grittier than conventional crude.
“So we have been looking at that,” Parker said. “It would be a different type of response than the lighter crude coming out of North Dakota.”
The Federal Railroad Administration’s online database of railway safety information does not contain specific data for accidents involving oil spills but does show accidents involving hazardous materials. And those statistics show that the nation’s railroads transport hazardous materials with relatively few incidents.
Nationwide in 2011, 664 hazmat cars derailed or were damaged and just 66 of those cars released materials, according to federal rail safety reports. That is on a network of railroads that logged nearly 730 million miles that year.
Since 2002, Pan Am has reported two hazmat releases from cars operating throughout their territory while MMA has reported three.
The May 29 train derailment that sent several Pan Am tanker cars over an embankment in Bucksport and into the Penobscot River was not a major incident by environmental standards, although it was a logistical challenge to clean up.
It is now believed that less than 1,000 gallons of a nonhazardous, synthetic latex chemical as well as some clay slurry leaked into the Penobscot River, home to the only sizable spawning run of Atlantic salmon left in the United States and other endangered species.
But had the three diesel-powered locomotives riding immediately in front of the derailed cars gone into the river — or had the tankers been carrying less benign chemicals, as many trains in Maine do — the situation could have been far worse. The locomotives, for instance, can each carry thousands of gallons of diesel.
“We are extremely fortunate that this was not a hazardous material or an oil spill,” Samantha DePoy-Warren, a DEP spokeswoman, said several days after the incident.
Derailments are, unfortunately, simply a part of business for railroads — always have been and always will be, absent major technological changes. Trains “jump tracks” for myriad reasons.
Metal rails crack, split or buckle. Heavy rains or floods wash out the underlying gravel or cause the wooden ties to shift. Couplers linking cars together fail or are improperly adjusted. And a conductor who drives the locomotive too fast, brakes too abruptly or causes the train to lurch can easily trigger a derailment.
There were six derailments in Maine last year and five in 2010 that were serious enough to require reporting to the Federal Railroad Administration, the division of the U.S. Department of Transportation that oversees rail safety and enforcement. But figures fluctuate from year to year, ranging from 11 derailments reported in 2006 to just four two years later.
The majority of derailments in Maine happen on lines operated by Pan Am and Montreal, Maine & Atlantic, respectively the largest and second-largest rail shippers in the state. The vast majority of derailments were relatively minor incidents without spills or injuries, but others were more problematic.
In April 2006, for instance, three Pan Am cars loaded down with paper jumped the rails in Bangor and tipped into the Penobscot. The contents of some of the cars later caught fire when crews attempted to cut open and empty them. As a result, enormous piles of soggy paper that came to be known locally as “spitball mountain” sat on the banks of the Penobscot for months and resulted in paper waste drifting downstream.
The Federal Railroad Administration collects reams of safety and accident-related data. Comparing companies’ safety records is difficult, however, because of the diversity in the industry.
For example, two railroads may each report hauling freight over 1 million miles in a year. But the federal data would not differentiate between the complexity of the company’s operations that would affect the likelihood of an incident, such as one company hauling 5-car trains and the other hauling trains with 100 cars.
In 2011, Montreal, Maine & Atlantic had a train accident rate of 10 accidents per million train miles throughout the company’s network, compared with a rate of 3.7 at Pan Am and a national average of 2.8 accidents per million train miles.
Over the past decade, Montreal, Maine & Atlantic has consistently had higher accident rates than Pan Am. But MMA president Robert Grindrod said the way the federal agency calculates accident rates — by per million train miles — inflates his company’s numbers because their trains only traveled 200,000 miles last year. So if MMA only had one reportable accident it would show up as five under the per-million-miles measurement, he said.
Instead, Grindrod pointed to the fact that MMA has not had any reportable accidents on its main line during the past three years. Both of MMA’s derailments last year happened in rail yards.
“It isn’t a problem,” Grindrod said of hauling potentially hazardous substances. “We follow very rigorous safety procedures regarding our track, regarding our trains and regarding the materials within our trains.”
Representatives at both the Federal Railroad Administration and the Maine Department of Transportation — which oversees rail to a much lesser extent than the federal government — declined to comment on individual companies’ safety records.
Rob Kulat, spokesman for the Federal Railroad Administration in Washington, D.C., said his agency only enforces the laws and does not speculate on companies’ safety records.
Although the federal agency does conduct its own track inspections, the vast majority of that responsibility is left to the railroads themselves.
“The primary duty of FRA’s 90 federal track safety inspectors, along with 30 certified state inspectors, is to strategically monitor track conditions to determine whether a railroad is complying with federal safety standards,” states a fact sheet from the agency.
Federal rules require most mainline tracks to be inspected weekly and sometimes two or three times a week if the track is rated to carry passengers or freight at higher speeds. But railroads also can change their class or speed rating without receiving approval from or even notifying the Federal Railroad Administration.
Kulat said track inspection reports from individual railroads are available to the public but must be requested under the Freedom of Information Act, a process that typically takes several weeks.
Inspections are most commonly performed by railroad company crews that ride the rails in specially designed pickup trucks. Federal regulators, in addition to doing their own periodic inspections, use the company reports to perform inspection audits.
Scarano, the executive vice president at Pan Am, said that in addition to the weekly inspections by crews on trucks, her company checks each stretch of track at least twice a year using a machine that essentially x-rays the rails for structural defects.
“At Pan Am, safety is our No. 1 priority,” Scarano said.
Nevertheless, accidents still happen.
Track conditions have been the primary cause of 13 of Pan Am’s 20 federally reported derailments since 2006, according to data contained on the Federal Rail Administration safety website. The most frequent track problems involved broken rails, misaligned tracks or switch problems, according to federal documents.
Track conditions were the primary cause of 10 of Montreal, Maine & Atlantic’s 19 derailments during that time.
Railroads also are required to submit detailed reports to the Maine Department of Environmental Protection on spills or other incidents that occur anywhere on the company’s property, whether on the tracks or in the railyard.
Pan Am Railways is subjected to additional reporting scrutiny following an August 2007 incident at the company’s Rigby Yard in South Portland that also garnered the company a $475,000 fine.
According to the DEP, a substantial amount of oil emanating from the rail yard operated by Portland Terminal Company — a Pan Am subsidiary — contaminated the city’s stormwater system and Calvary Pond. The spills, which were believed to have taken place over time, presented a threat to groundwater and other local water bodies, the department stated.
A subsequent consent agreement negotiated between the DEP and Pan Am required the railroad to put down absorbent “track mats” in areas where locomotives were parked, idled, fueled or serviced. The agreement also put additional pressure on Pan Am to immediately report — and begin to clean — any spilled oil.
Since then, Pan Am has reported roughly 300 spills of lube oil, hydraulic oil or other types of oil to the DEP, the overwhelming majority of which involve quantities of one gallon or less, and sometimes as little as one one-hundredth of a gallon. In 2010, however, a ruptured fuel tank on a derailed locomotive leaked 2,800 gallons of diesel in the railroad’s Waterville railyard.
Pan Am’s Scarano pointed out that most of what is reported are equipment leaks or spills rather than tanker spills. She declined to comment specifically on any changes in company practices since the Rigby Yard case or on a 2006 diesel spill at a Massachusetts railyard that resulted in a judge levying a $500,000 criminal fine against the company.
“We work closely with the agencies,” Scarano said. “We notify them … and we take it very seriously.”
Looking ahead to the possibility of additional crude coming through Maine by rail, DEP staff said the shipments could be a positive development, benefiting the railroads as well as other industries.
“But we definitely need to be prepared,” said Parker with the DEP’s hazmat team.
DOVER-FOXCROFT, Maine — Opponents of the proposed east-west highway stretching across Maine continued to speak out at a Tuesday morning meeting of the Piscataquis County commissioners.
More than a dozen members of the Friends of Piscataquis Valley voiced opposition or provided alternatives to the four-lane, 220-mile highway from Coburn Gore to Calais proposed by Cianbro President and CEO Peter Vigue. The meeting came on the heels of an appearance by Vigue at Foxcroft Academy to promote the highway that saw fierce opposition.
Charles Fitzgerald of Atkinson said the railroad system, which already runs east to west across Maine, could be used instead of a highway.
“[Vigue said trains] can’t run fast enough,” said Fitzgerald. “From Montreal or Saint John to Searsport can be reached within a 24-hour period. How much freight is so time-sensitive, especially freight going overseas, that one day isn’t fast enough?”
Fitzgerald also cited a study that said extending the rail to reach Eastport, which Vigue said could be used a deep-water port, would cost about $48 million.
“It would only cost between 2 to 3 percent of the total cost of the projected cost of the $2 billion of the highway project,” said Fitzgerald.
Vigue has said he has lined up private businesses to fund the cost of the highway.
Gene Ripley of Dover-Foxcroft questioned Vigue’s assertion that jobs would come to the region because of the highway.
Ripley read from a 1999 State Planning Office study for the Maine Department of Transportation during the meeting. The economic impact analysis for an east-west highway compared case studies from Vermont and New Hampshire looking at the impact of Interstate 91 on those states.
“What they found was a very, very modest increase in jobs that were localized primarily to pre-existing population centers and to where the north-south and east-west highway crossed,” said Ripley. “And most of those jobs are in the service sector of fast food restaurants and gas stations located near those exits. They also noted that those jobs, in their words, didn’t necessarily represent any real economic benefit, because they came directly at the expense of rural communities, or rural downtowns and of the small towns all along those corridor routes that were bypassed by the new interstates.”
Bryant Brown of Monson agreed that a highway wouldn’t bring much of an economic benefit to the region.
“Any road from point A to point B, in itself, will not create jobs in the middle,” said Brown. “A four-lane road might produce around 100 road maintenance and toll jobs, but there will be no further land transactions. There will be no public access.”
Currently, six exits are planned for the highway with the possibility of two more in Washington County. One of the exits is planned to hook up with Route 15, which connects Dover-Foxcroft to Bangor.
“Where will the exit be for Route 15 in Dover?” Brian Turner of Monson asked. “Several miles out of town toward Bangor? Won’t that create more heavy truck traffic on Route 15, which we can’t keep up with the road maintenance on that road right now?”
Ripley also pointed to the quality of life as a reason why people live in Piscataquis County.
People moving to the area “come here for a reason. A recent report by the Brookings Institution singled out quality of life and the quality of place that we have here in Maine,” said Ripley.
Will Vandermast, who moved to Dover-Foxcroft with his wife and son three years ago, agreed.
“We moved here to raise our family,” he said. “My point here is that if this actually comes through, we’re leaving town. We moved here to be away from the highway. We moved here to be away from pollution and noise and all the other dangers that come with it. What they won’t be including in this economic feasibility study is the exodus of people out of the area and the money we take with us.”
Tom Lizotte, chairman of the commissioners, said the panel has no jurisdiction over the highway. He also said he would wait until the feasibility study is completed before he would make any recommendations.
“We’re keeping an open mind,” said Lizotte.
Las Vegas Optic: Mayor told to sign law or resign
by Martin Salazar, Las Vegas Optic
May 24th, 2012
It’s been more than seven weeks since the City Council voted 3-1 to approve an anti-fracking ordinance, but the law has yet to be added to the municipal code book because of the mayor’s refusal to sign it.
On Wednesday, supporters of the controversial community rights ordinance showed up en masse to confront Mayor Alfonso Ortiz, telling him he had no authority to block the ordinance and calling on the Council to remove him from office if he refuses to sign it.
“It appears that you’re overstepping your boundaries,” Miguel Pacheco said during the public input portion of Wednesday’s City Council meeting.
“Mayor, I don’t understand how you can override that vote…,” he later added. “Where’s our democracy?”
Lee Einer called the mayor’s action “disgraceful,” alleging that Ortiz is in violation of state law and the city charter and that it constitutes malfeasance.
He told Ortiz he needs to sign it or resign and told the council that its authority was being usurped. Einer urged the council to remove the mayor if he refuses to sign the ordinance.
Eight others followed, questioning the mayor’s refusal to sign and stressing the importance of the ordinance.
Dubbed the Las Vegas Community Bill of Rights and Local Self-Government Ordinance, the measure seeks to elevate the civil rights of the community and of its natural resources while limiting the rights currently enjoyed by corporations. The council majority approved the ordinance on April 2, despite a warning from City Attorney Dave Romero that it is unconstitutional and that it violates the city charter.
Although the mayor doesn’t have veto power under the city’s current laws, city code spells out that ordinances shall bear “the signatures of the mayor and attesting officer.” Up until now, that provision has merely been a formality.
After listening quietly to the public input, Mayor Ortiz told the crowd that he is still against fracking and pointed out that the city already has a moratorium on hydraulic fracturing in place.
Ortiz said he will fight oil and gas companies to stop fracking in the area. But he said the city attorney and other attorneys objected to the ordinance because it violates the state and federal law.
Ortiz said he swore an oath to honor and obey the state and federal constitutions and city law.
After Ortiz addressed the criticism, Councilwoman Tonita Gurule-Giron, read two letters into the record signed by herself and Councilman David Romero.
The letters asked the city attorney and Ortiz for the legal authority under which the mayor can refuse to sign the ordinance.
The ordinance makes it unlawful for any corporation to engage in the extraction of oil, natural gas, or other hydrocarbons within the city of Las Vegas and its watersheds. It holds that wetlands, streams, aquifers and other water systems possess inalienable and fundamental rights to exist and flourish within the city.
And it tries to strip corporations of many of the rights they currently enjoy, including the commerce and contracts clauses of the U.S. and state constitutions.
The ordinance was drafted by The Community Environmental Legal Defense Fund, which is based in Pennsylvania.
While dozens of other local governments around the country have adopted similar ordinances, Las Vegas was the first municipality in New Mexico and possibly in the Southwest to do so.
Among those pushing for the ordinance was former City Councilor Andrew Feldman. Feldman attended Wednesday’s meeting but didn’t address the council.
Contacted on Thursday, Feldman said, “(The mayor’s) claiming that it’s an illegal ordinance and that it wasn’t passed, however, no legal authority in New Mexico has weighed in on it.
“To my knowledge no tort claims have been filed regarding that ordinance, and the mayor’s lack of action in not signing the ordinance is based on intimidation, misinformation and opinions from attorneys that are working on conventional notions of current law. I feel the council passed it legally, and we need to be leaders in protecting the people’s right to clean air, land and water.”
Posted on May 30, 2012 by Tux Turkel
A train carrying 104 tank cars of crude from the Bakken oil fields in North Dakota came through Maine last weekend on a 2,435-mile journey to the Irving Oil refinery in Saint John, New Brunswick. It rolled through Portland, Waterville and Bangor on Pan Am Railways tracks, on its way to Canada’s largest oil refinery.
This so-called unit train — made up only of oil tank cars — is an example of how Irving and other energy giants are reacting to a fast-changing North American petroleum market, and how Maine figures into the developments.
“I think we’re going to be seeing more of this,” said Tom Hall, a former assistant general manager for Pan Am Railways in Maine.
New technologies and high global oil prices have made it economical for energy companies to develop mammoth petroleum reserves in North Dakota, as well as the Canadian province of Alberta. The challenge is getting all the oil to refineries across North America.
The easy-to-refine oil in North Dakota is locked up in shale formations and is released by injecting pressurized water and chemicals, a process called fracking. In Alberta, a similar process is used to free heavy, tar-like oil located in sand formations. Both methods are under fire, in part because they can pollute groundwater.
Growing controversies and delays in building new pipelines or reversing the flow of existing ones to move this oil, are threatening production goals and export plans. That has created an unexpected opportunity for railroads, which see a void. They’re building loading facilities and adding tank cars to compete with pipelines for a piece of the evolving business.
Maine’s freight railroads stand to benefit as well. They’re upgrading service to handle an expected increase in traffic to Saint John.
The first big shipment was made over the weekend. Each of the 104 cars carried roughly 700 barrels of oil. The train traveled through Chicago to Rotterdam Junction, N.Y., where it moved over Pan Am Railways track through southern and eastern Maine and connected with the New Brunswick Southern Railway for the trip to Saint John.
The train was photographed as it crossed the Merrimack River in Massachusetts by Kevin Burkholder, the editor of Eastern Railroad News.
“Deemed a test train, this is the first of what could be a steady flow of the rolling crude oil pipeline to feed the Irving refinery,” Burkholder wrote last weekend in his newsletter.
Pan Am has been improving its tracks and adding locomotives and crews, making it a player in the growing crude-oil competition, according to Hall.
Pan Am operates one of three possible rail routes that can get crude to Saint John. Canadian National Railroad has another, which skirts Aroostook County and stays north of Maine. A third goes through Jackman, Greenville and Brownville Junction to reach New Brunswick via the Montreal, Maine and Atlantic Railway.
“Irving’s going to go with whoever does the best job at the best price,” Hall said.
The prospect of steady oil shipments has led Montreal, Maine and Atlantic to announce that it will double the frequency of its service from three to six days a week between Montreal and Brownville Junction. The new schedule will begin after a strike at Canadian Pacific is resolved, according to Ed Burkhardt, MMA’s board chairman.
Price is driving Irving’s thirst for Bakken oil, Burkhardt said. Irving’s refinery, which has a capacity of 250,000 barrels a day, primarily receives its supply via tankers from Venezuela, the Persian Gulf and the North Sea. However, overseas oil now is roughly $20 a barrel more expensive, so it’s cost-effective to move some of the supply thousands of miles by rail.
“Rail can land oil at Saint John at a better price than by sea,” Burkhardt said.
The most immediate factor that could limit business is the availability of tank cars, which are in great demand nationally, Burkhardt and others say. It takes roughly six days to go from North Dakota to New Brunswick, plus offloading time.
If rail delivery grows, it could help Maine’s struggling freight railroads and the shippers that depend on them, according to Chop Hardenbergh, editor of Atlantic Northeast Rails & Ports. That could help improve service to Maine’s paper mills and attract new shippers, he said.
“It certainly helps our railroads and our overall economy,” Hardenbergh said.
Commerce aside, the trend has caught some of Maine’s environmental activists by surprise. They oppose the methods used to extract this petroleum — especially the so-called tar sands oil from Alberta — saying they are highly polluting.
In Maine, activists suspect that the Portland Pipeline Corp. will want to reverse the flow of its system, which moves crude oil west from Portland Harbor to Montreal, to send tar-sands oil east. The company has said it has no current plans to do that.
Environmental activists oppose tar-sands oil for two main reasons. They say the more-corrosive nature of the oil poses a greater risk of pipeline ruptures, and they point to a large spill in Michigan in 2010 as evidence.
Spills appear to be less of an issue with rail transport, however. Tank cars are typically double-lined and made of hardened steel to survive a derailment.
However, staff members at the Maine Chapter of the Sierra Club and the Natural Resources Council of Maine both say fracking and tar-sand extractions are unsustainable, dirty technologies, whether the product is moved by rail or pipeline.
“We don’t want to see that supported in any way,” said Glen Brand, a spokesman for the Sierra Club. “We don’t want to see it moved to market.”
Small quantities of tar-sands oil already have rolled across Maine.
Bob Grindrod, president of Montreal, Maine & Atlantic Railway, said his line handled a small, test delivery destined for the Irving refinery a few months ago. The potential to move more depends on the cost and how hard it is for Irving to refine the thick oil, he said.
Irving Oil rarely discusses its business practices, and it didn’t respond to email questions from the newspaper; but Grindrod said he’s aware that the refinery is ramping up its crude offloading capacity from two cars a day to 100 cars, whether it comes from the Canadian tar sands or the Bakken field.
“They are investing rather heavily,” he said.