Waste Tunnel Collapse at Tonawanda Coke Plant triggers Call for Government Investigation of Emissions

Tonawanda Coke Confirms Waste Tunnel Collapse

Last Friday, The Tonawanda Coke Corporation confirmed allegations by the Clean Air Coalition that the waste heat tunnel at their facility had collapsed, possibly causing toxic emissions to spew into the surrounding community.

The waste heat tunnel is a concrete tunnel that runs underground the length of the battery, all 60 coke manufacturing ovens. The main purpose of the waste heat tunnel is to collect the waste combustible heat from the ovens. Now that the tunnel has collapsed, gases can't normally flow into the facility's chimneys, and the company can't draw enough fresh air into the manufacturing process. Without enough fresh air drawn into the process, the coking process will possibly create toxic releases into the ambient air, and into the surrounding community.

One of the chemical's of concern is benzene, a known carcinogen linked to leukemia and other types of illnesses.

You can view the press coverage here from the Buffalo News, WIVB Channel 4, and WGRZ, Channel 2.

We call on the Environmental Protection Agency, the US Attorney General's Office and the New York State Department of Environmental Conservation to perform a full investigation of the incident. We are calling on state and federal agencies to determine the cause of the tunnel collapse, risks posed to workers, and risks posed to the surrounding community.

If you live or work in the area and are noticing dark smoke or odors coming from the facility, submit a complaint to the New York Department of Conservation by calling 851-7000 or completing and mailing in this complaint form.

The Clean Air Coalition of WNY will keep you posted as this situation progresses. 

'Conservationist of the Year' named by ADK Niagara Frontier Chapter

By David Kowalski ~ ADK-NFC Member.


At the Annual Meeting of the ADK Niagara Frontier Chapter, the Conservation Committee presented  Diana Strablow of the Sierra Club Niagara Group with the the Conservationist of the Year Award.

Diana Strablow (holding ADK award plaque in the photo) organized opposition of landowners and environmental groups against National Fuel’s proposed 97-mile Northern Access Pipeline. She also recruited the public to testify against the proposed pipeline at NYS DEC hearings and to submit written comments. The 24-inch diameter pipeline would have crossed private properties in Western New York as well as numerous wetlands and waterways in order to export fracked gas from Pennsylvania to Canada.

Strablow said "We asked Governor Cuomo and the DEC to do the right thing and deny the water quality certificate and air permits for this destructive project. Not only do we have a moral obligation to stop enabling fracking in Pennsylvania, we must protect our finite supply of fresh water."

After an in-depth review of the proposed Northern Access Pipeline project, and following three public hearings and the consideration of over 5,700 comments, NYS Dept. of Environmental Conservation denied the permit due to the project’s failure to avoid adverse impacts to wetlands, streams, and fish and other wildlife habitat.

State DEC denied a permit to build the controversial Northern Access Pipeline in Western NY

By David Kowalski

On Saturday April 8, 2017, the New York State Department of Environmental Conservation (DEC) released a statement denying a permit to National Fuel Gas to build the Northern Access Pipeline, citing concerns about impacts on wetlands, streams, fish and wildlife habitat along the route.

If built, Northern Access would transport gas obtained from Pennsylvania’s Marcellus Shale using hydraulic fracturing, or “fracking.” The high-pressure pipeline would move half a billion cubic feet of gas per day through Allegany, Cattaraugus and Erie Counties in Western New York, connecting with an existing pipeline for export to Canada.  

As proposed, the Northern Access Pipeline would have carved a 125-foot wide scar through the northwestern Allegheny Plateau, plowing through 192 stream crossings, 270 wetlands and over13 miles of a sole source aquifer that provides drinking water for thousands of Western New Yorkers. These impacts to water resources mirrored the same potential violations to the Clean Water Act presented by the proposed Constitution Pipeline that the NYS DEC rejected in April 2016, under the same certification requirements. 

Albany Rally ~ #NoNAPL

From the beginning of the permitting process DEC officials warned pipeline developers and federal regulators that the Northern Access Pipeline, as planned, could severely harm New York's water resources without major changes. Those warnings were ignored.

“Western New York deserves the same protection for our water, air and residents,” Diana Strablow, a member of the Sierra Club Niagara Group Executive Committee said earlier. “There should be no sacrifice zones. We asked Governor Cuomo and the DEC to do the right thing and deny the water quality certificate and air permits for this destructive project. Not only do we have a moral obligation to stop enabling fracking in Pennsylvania, we must protect our finite supply of fresh water.” 

Landowners facing eminent domain, conservationists and concerned residents marched from DEC headquarters to the capitol building, where they spoke of the threat the pipeline would pose to their health, safety, air, water and livelihoods. The group also delivered copies of a letter signed by more than 140 organizations, businesses and faith communities calling on the DEC and Governor Andrew Cuomo to deny air and water permits for the 97-mile pipeline. 

"After an in-depth review of the proposed Northern Access Pipeline project and following three public hearings and the consideration of over 5,700 comments, DEC has denied the permit due to the project's failure to avoid adverse impacts to wetlands, streams, and fish and other wildlife habitat," the DEC said in a statement on Saturday. "We are confident that this decision supports our state’s strict water quality standards that all New Yorkers depend on.”

A letter from the DEC sent to National Fuel and Empire Pipeline on Friday, April 7, 2017 detailing the basis for denial of the permit is here.

Sierra Club Niagara Group's Diana Strablow applauded DEC’s decision to deny the pipeline and she is looking forward to a safe, sustainable energy future. She said "The temporary construction jobs the project would have created were not worth the price our climate, our waters and the health, safety and well-being of our residents would have to pay, now and in future generations. We stand ready to support labor union jobs that protect our air and water and ramp up our renewable energy sector. We should not have to choose between good paying jobs and a sustainable future. We need a just transition from fossil fuels that takes care of workers and provides a healthy, liveable environment.”
 
Prior to the DEC's ruling, Lia Oprea, whose property is on the planned pipeline route, said “It’s unbelievable. My family has owned our land for four generations; we’ve been trout fishing in the area since the 1830s and our land is on the National Historic Register. Now, a multi-billion-dollar corporation wants to endanger our lives and our water so they can make more money. That’s not right."

Lia Oprea is now thankful that the pipeline permit was denied and that people united to stop it. She said, “the decision by the DEC renews our family's faith and our rural Western New York neighbors’ faith in local action. It feels as if a tide is turning in the right direction and our voices are finally being heard. It has been a long fight. You don’t get much sleep when your land, your livelihood, your heritage and your future is on the line. Every day, I hike through our fields and woods down to Cattaraugus Creek. which borders the farm that has been in our family for over 100 years. Our neighbors and I couldn’t live with a pipeline tearing through this. Now, thanks to the DEC, we don’t have to.”

The Northern Access Pipeline project previously received approval from the Federal Energy Regulatory Commission (FERC). The granting of permits by the state would have cleared the way for National Fuel to also build a gas compressor station in Pendleton and a dehydration facility in Wheatfield. Plans also called for another compressor station in Elma to be expanded.

Prior to Saturday's decision, critics of the Northern Access Pipeline, including opponents living in Pendleton and Wheatfield, called on the DEC to deny water and air quality permits in hopes of halting the project. In addition to fears regarding emissions, safety and potential leaks, protesters emphasized the 192 stream and 270 wetlands that the pipeline would cross.

Roger Downs, Conservation Director for the Sierra Club Atlantic Chapter, said that this is "an important victory for the thousands of citizen activists and impacted landowners of Western NY, whose grassroots organizing created the political space for this decision to be made. There may be no better remedy to FERC’s automatic rubber-stamp approval process than the kind of persistent public participation that holds decision makers accountable.”

A spokeswoman for National Fuel, Karen Merkel, said Saturday that the company would have no comment at this time. She said a news release would be forthcoming on Monday.  

UPDATES:
Monday, April 10, 2017 - WGRZ: National Fuel Responds to DEC
Tuesday, April 11, 2017 - Buffalo News: National Fuel calls DEC's denial of pipeline project 'troubling'
Tuesday, April 11, 2017 - Buffalo Niagara Riverkeeper: Statement: Northern Access Pipeline Permit Denial
Tuesday, April 11, 2017 - BuffaloNews.com Editorial: Pipeline decision still leaves crucial need for natural gas

PUBLIC HEARINGS: Northern Access Pipeline - NYS DEC

NYS Dept. of Environmental Conservation 

PUBLIC HEARINGS ON NORTHERN ACCESS PIPELINE 

START FEBRUARY 7, 2017

Informational Get-Together: Monday, February 6th at 6PM at the Unitarian Universalist Church at 94 Buffalo Road, East Aurora, NY. [Facebook Event]
WECAP-Wyoming, Erie and Cattaraugus Communities Act on the Pipeline;
Sierra Club Niagara Group

The Legislative Public Hearings are scheduled as follows:

Date: Tuesday, February 7, 2017
Time: 6:00 p.m.
Location: St. Bonaventure University
Doyle Hall
3261 W. State Road
Bonaventure, NY 14778

Date: Wednesday, February 8, 2017
Time: 6:00 p.m.
Location: Iroquois High School
2111 Girdle Road
Elma, NY 14059

Date: Thursday, February 9, 2017
Time: 6:00 p.m.
Location: Niagara County Community College
3111 Saunders Settlement Road, Room E-140
Sanborn, NY 14132

DEC Hearings Information: Facebook Event
Sierra Club Niagara Group, WECAP, Pendleton Action Team 

If you cannot attend one of the hearings, email or mail your comments to: 
Michael Higgins, NYS DEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750
Phone: (518) 402-9179, Fax: (518) 402-9168
E-mail: NFGNA2016Project@dec.ny.gov
 
NYS DEC provides all the details on the Public Hearings here: http://www.dec.ny.gov/enb/20170125_not9.html

UPDATE 2.7.2017
Article in The Buffalo News: 
National Fuel pipeline would cut through 192 streams in Western New York
 https://buffalonews.com/2017/02/07/pipeline-project-get-public-vetting-week/

Rally Outside Cuomo's UB Speech to Stop the Fracked Gas Pipeline

RALLY outside Governor Cuomo's 'State of the State' speech 

Monday January 9th, 2:00 UB North Campus!

Say NO to the Northern Access Pipeline!

In the days before his SOS speech, CALL GOVERNOR CUOMO.

Dial (518) 474-8390

Press 3 to talk with a representative

To see suggested messages, Click Here.

or 

Use your own…there are plenty of compelling reasons to say  

NO NOrthern Access 2016!

We need Gov. Cuomo and the DEC to Deny the DEC 401 Water Quality Permit for National Fuel’s proposed Northern Access 2016 Pipeline Project

WE NEED TO COMPLETE THE BAN ON FRACKING by 

SAYING NO TO FRACKED GAS INFRASTRUCTURE

CONTACT: Diana - Niagara Sierra Club niagarasierra@gmail.com 

WEBINAR: Climate Change and Public Health - What Can Municipalities Do?

New York State Department of Environmental Conservation

Climate Smart Communities Webinar  

Climate Change and Public Health - What Can Municipalities Do?

WHEN: Wednesday, December 7, 2016 at 10:30 AM - 12:00 PM

Climate change has increased the frequency of extreme weather events. Extreme weather like heat waves and severe flooding have serious impacts on public health. Last year, the New York State Department of Health released the Climate and Health Profile report which discussed health impacts like heat-related illnesses and deaths, allergies, respiratory distress, and water-borne diseases, among others.

Attend this Climate Smart Communities (CSC) webinar on December 7th to hear speakers from the NYS Dept. of Health describe the prognosis for New York State and their research on heat vulnerability and cooling centers. Speakers will provide examples of what municipalities can do to help protect their communities from the health impacts of climate change.

Please provide us with your name and community affiliation, either via email or telephone to the Office of Climate Change at climatechange@dec.ny.gov or 518-402-8448. In the event that we cancel or postpone this webinar, respondents will be notified.

To join the webinar on December 7th, follow these steps:
First, click on this link: https://meetny.webex.com/meetny/onstage/g.php?MTID=e0212d65256f64f8ac0cb12d0314653af
Enter your name and email address.
Enter the meeting password: NYSDEC1
Click "Join".
Click “Call Me” in the onscreen “Audio Connection” box and enter your phone number to join the audio portion through your telephone.

Alternatively, call 1-844-633-8697 and enter the Event Number: 644 863 535, followed by your attendee ID (which will be displayed on your screen in the “Event Info” tab) to join the audio portion. The attendee ID is recommended but not required. It is also an option to join the audio portion via your computer speakers (provided your computer has a microphone).

Two days before webinar, test the computer you plan to use by clicking on the following link: http://www.webex.com/test-meeting.html

For assistance with WebEx, go to https://meetny.webex.com/meetny/mc and click "Support" on the left navigation bar.

IMPORTANT NOTICE: This WebEx service includes a feature that allows audio and any documents and other materials exchanged or viewed during the session to be recorded. By joining this session, you automatically consent to such recordings. If you do not consent to the recording, discuss your concerns with the meeting host prior to the start of the recording or do not join the session. Please note that any such recordings may be subject to discovery in the event of litigation.

Adapting to a Changing Climate - Strategies for Community Planning

The New York State Department of Environmental Conservation

Adapting to a Changing Climate: 

Strategies for Community Planning

Below are links to slides and a recording of a Climate Smart Communities webinar that provide an introduction to the state of local climate adaptation planning in the United States and ideas for the types of adaptation strategies you can pursue as you work to create a more resilient community.

The information provided comes from research conducted by Dr. Missy Stults looking at how local governments are planning for climate change and what opportunities exist for improving the next generation of climate adaptation plans.  A portion of the presentation draws upon a recently released paper that assesses the quality of local climate adaptation planning and one, soon to be released, that looks at the types of strategies included in local adaptation plans.

In addition, real-world examples of adaptation in practice are provided to help understand the array of activities available to help build local resilience to climate change. 

Adapting to a Changing Climate: Strategies for Community Planning

RECORDING plus SLIDES: Click Here

SLIDES Only (PDF):  Click Here

WEBINAR: Local Climate Adaption Planning for Climate Smart Communities - Nov.10

The New York State Department of Environmental Conservation

Adapting to a Changing Climate: 

Strategies for Community Planning

Webinar: Thursday, Nov. 10, 2016, 10:30 AM- 12:00 PM

This Climate Smart Communities webinar will provide an introduction to the state of local climate adaptation planning in the United States and ideas for the types of adaptation strategies you can pursue as you work to create a more resilient community. The information provided in this webinar comes from research conducted by Dr. Missy Stults looking at how local governments are planning for climate change and what opportunities exist for improving the next generation of climate adaptation plans. A portion of this webinar will draw upon a recently released paper that assesses the quality of local climate adaptation planning and one, soon to be released, that looks at the types of strategies included in local adaptation plans. In addition, real-world examples of adaptation in practice will be provided to help participants understand the array of activities available to help build local resilience to climate change.

Please provide us with your name and community affiliation, either via email or telephone to the Office of Climate Change at climatechange@dec.ny.gov or 518-402-8448. In the event that we cancel or postpone this webinar, respondents will be notified.

To join the webinar on November 10th, follow these steps:

1. First, click on this link: https://meetny.webex.com/meetny/onstage/g.php?MTID=ec028f2937fc316a2d6c30231932e747b
2. Enter your name and email address.
3. Enter the meeting password: NYSDEC1
4. Click "Join".
5. Click “Call Me” in the onscreen “Audio Connection” box and enter your phone number to join the audio portion through your telephone.
6. Alternatively, call 1-844-633-8697 and enter the Event Number: 640 857 413, followed by your attendee ID (which will be displayed on your screen in the “Event Info” tab) to join the audio portion. The attendee ID is recommended but not required. It is also an option to join the audio portion via your computer speakers (provided your computer has a microphone).

Two days before webinar, test the computer you plan to use by clicking on the following link: http://www.webex.com/test-meeting.html

For assistance with WebEx, go to https://meetny.webex.com/meetny/mc and click "Support" on the left navigation bar.

IMPORTANT NOTICE: This WebEx service includes a feature that allows audio and any documents and other materials exchanged or viewed during the session to be recorded. By joining this session, you automatically consent to such recordings. If you do not consent to the recording, discuss your concerns with the meeting host prior to the start of the recording or do not join the session. Please note that any such recordings may be subject to discovery in the event of litigation.

Public Hearing: Help Protect New Adirondack Land and Ponds as Wilderness

  Protect Boreas Ponds Tract as Wilderness!

This spring Governor Cuomo finalized the purchase of the Boreas Ponds Tract and instantly added almost 21,000 acres of state land to the Adirondack Park. Boreas Ponds is located between the High Peaks Wilderness area and Dix Mountain Wilderness area and is best suited to be Wilderness too. Your input is needed to help ensure that the Boreas Ponds Tract is officially protected as Wilderness.

How YOU Can Help: 

1.  Send a message to Gov. Cuomo and his Adirondack Park Agency. It's Easy! Click here to email a form letter that you should feel free to modify as needed.

2. Attend a Boreas Ponds Classification Hearing to help make sure Boreas Ponds becomes Wilderness!

Voice your support:

• Keep the Boreas Tract motor-free
• Reject current alternative classifications - Keep it Wild!

November 28, 7:00 PM

Rochester Institute of Technology

Golisano Institute for Sustainability

Louise Slaughter Hall (parking lot T), Rochester [Map]
(Note Room Change - previously listed as 'Sustainability Hall')

Need a Ride? Hop on the BUS: The Adirondack Mountain Club and Sierra Club Atlantic Chapter are offering bus transportation to Rochester from Buffalo. Talking points, snacks, and Pro-Wilderness swag/goodies will be provided! 

ADK Members register for the bus here. Contact Cathy Pedler or Paul Gallery at 518-449-3870 or at advocacy@adk.org for more information.

Sierra Club members may contact Caitlin (atlantic.chapter@sierraclub.org) to learn more about the bus option. Please feel free to share this with anyone you may know that is interested in going!

Background on Boreas Ponds Classification

1. A Wilderness Classification is the only designation that will ensure the Boreas Ponds will remain protected from motorized use which destroys the aesthetic quality of backcountry experiences, impacts wildlife and habitat, and spreads invasive species.

2. Reasonable access for parking using a permit system could be accomodated with a wilderness buffer of at least one mile around Boreas Ponds to LaBier Flow, protecting the most sensitive areas of the tract as wilderness, but allowing access for canoes and kayaks for a put-in at LaBier Flow.

3. The Boreas Ponds  and other recent acquisitions (including the Casey Brook Tract) connect the High Peaks Wilderness to the Dix Mountain Wilderness. With a Wilderness designation these parcels would combine to form a nearly 300,000 acre Wilderness area. A Wilderness area of this acreage rivals the size of the Rocky Mountain, Mount Rainier, and Zion National Parks! 

4. With the ever present threat of climate change and invasive species, the best way to protect our public lands is to keep them pristine by only allowing footprints, not tire tracks and motorboat wake. 

For additional information, visit bewildny.org
 

PUBLIC MEETING: DEC's Proposed State Wildlife Action Plan -- TUESDAY at 3PM

 10-Year Plan to Target Conservation Actions for 

Species of Greatest Need and Their Habitats

The proposed State Wildlife Action Plan (SWAP) to protect rare and declining wildlife species is now available for public comment, state Department of Environmental Conservation (DEC) Commissioner Joe Martens announced today. The deadline for written comment is Friday, July 17.

A PUBLIC MEETING will be held on Tuesday, June 16, 3:00pm at Reinstein Woods Nature Preserve,  93 Honorine Drive (off Como Park Blvd.), Cheektowaga [Map].

"The State Wildlife Action Plan will help guide DEC's work to protect and restore wildlife, and ensure that these precious natural resources are conserved for future generations," said Commissioner Martens. "The SWAP is a ten-year plan to protect rare and declining wildlife species that is being developed to update the 2005 Comprehensive Wildlife Conservation Strategy. At the upcoming meetings, DEC staff and conservation partners will present projects carried out through the Comprehensive Wildlife Conservation Strategy to conserve species of conservation need and propose actions that all of us can do to help protect these species."

The draft ten-year plan identifies 366 Species of Greatest Conservation Need (SGCN) in New York that need conservation actions to thrive. Such species include moose, least tern, northern diamond-backed terrapin, eastern spadefoot toad, lake sturgeon, barndoor skate, humpback whale, brook snaketail and barrens buckmoth. Of those 366, there are 167 species that are identified as high priority SGCN, including little brown bats, spruce grouse, Blanding's turtle, queen snake, American eel, sauger, winter flounder, horseshoe crab, dwarf wedgemussel and American bumblebee. An additional 113 species are seen as possibly needing conservation actions, including least weasel, mink frog, tiger shark, Scotia sallfly, and monarch butterfly. Surveys will help determine their current population status.

To update the draft SWAP, DEC staff and conservation partners assessed the current status of 597 rare and declining species in New York. The assessment included the location and condition of habitats where the species live, threats to the populations and conservation actions to help maintain healthy populations. The most common threats to these species are loss of habitat, pollution, invasive species and climate change. Recommended conservation actions include protection and restoration of habitat, management of SGCN populations and monitoring to maintain current data on SGCN.

DEC will hold public information sessions throughout the state in June to present the draft plan and accept public comment.