VOLATILE HYDROCARBON TRANSPORTATION: RESOLUTION
New Castle County Civic League
WHEREAS, a fundamental purpose of government is to protect the health, safety, and welfare of citizens; and
WHEREAS, over a 9.5 mile stretch of the Delaware River between the Delaware-Pennsylvania state line and the Delaware Memorial Twin Bridges, the average width of the river is about 1.2 miles; and over the 5.5 mile stretch southward from the Twin Bridges to the Nuclear Power Plant, the average width is about 1.6 miles; and the channel of navigation is at the approximate mid-width of the river; and southward of the Nuclear Power Plant, the river widens; and
WHEREAS, since the DE-PA state line is a circular arc 12 miles from New Castle, and the Delaware-New Jersey state line is the low water line on the NJ side of the river throughout a 24 mile stretch of the Delaware River extending southward from the DE-PA state line to a circular arc crossing the river 12 miles beyond New Castle, the entirety of the Delaware River, inclusive or the shipping channel, lies within the geographic bounds of the State of Delaware (Ref: New Jersey v. Delaware, 291 U.S. 361 (1934)); and
WHEREAS, substantially more than half of the population of the entire State of Delaware resides in the northernmost of Delaware's three counties, which is barely 12 miles wide between the Delaware River shore and the Delaware-Maryland state line north of the C & D Canal; and
WHEREAS, the State of Delaware Department of Natural Resources and Environmental Control (DNREC) envisions a Delaware that offers a healthy environment where people embrace a commitment to the protection, enhancement and enjoyment of the environment in their daily lives; where Delawareans’ stewardship of natural resources ensures the sustainability of these resources for the appreciation and enjoyment of future generations; and where people recognize that a healthy environment and a strong economy support one another[1]; and
WHEREAS, DNREC’s Strategic Priorities are described as including: Preserving Outdoor Heritage and Promoting Tourism; Supporting Healthy Families; Improving Delaware’s Preparedness; Creating Cleaner, Lower Priced and More Reliable Energy; Ensuring Clean Water; and Supporting Safe and Sustainable Communities[2]; and
WHEREAS, The State of Delaware Administrative Code prohibits the development of liquefied natural gas (LNG) terminals in the coastal zone in Delaware under current law[3]. The prohibition is based on safety and environmental issues and is detailed in the Final Environmental Impact Statement (FEIS) for Delaware’s coastal zone management plan[4]; and
WHEREAS, the FEIS done in defense of Delaware’s Coastal Zone Management Program’s policy of the prohibition of LNG applied Federal Energy Regulatory Commission (FERC) siting criteria including: Population, Climate, Navigational Suitability for Tanker Traffic, Seismic Considerations, Topographic Conditions, Foundation Conditions, Terminal Area, Anchorage Suitability, Land Use Conflicts, Existing) Environment, New Pipeline Requirements and Right-of-Way Availability, Seawater Exchange Systems[5]. These siting criteria have not been applied to the proposed Gibbstown Dock 2 LNG export terminal and no assessment of the suitability of the site has been conducted by the State of Delaware or any other agency. Application of these criteria conducted for the FEIS found “NO SITE IN DELAWARE SUITABLE FOR THE LOCATION OF ANY LNG IMPORT-EXPORT FACILITY”[6]: and
WHEREAS, the Delaware Coastal Management Program FEIS concluded that “The main shipping channel up the Delaware River and Bay also passes, in places, within a mile or two, of Lewes, and not much farther from Rehoboth Beach--both densely populated in the summer. A tanker accident near either city could spell disaster” and “Further, the land requirements of LNG facilities, coupled with their tendency to induce additional development, make LNG facilities unsuitable for the area they would otherwise occupy-- the Delaware coastal zone” and that “The State's best transportation systems, including a major natural gas pipeline, occur near its highest area of population density—Wilmington”[7]; and
WHEREAS, the Delaware Coastal Management Program FEIS states that “…the still undefined dangers associated with LNG facilities in areas of population density and the potential impacts of shipments on environmental resources, appear to outweigh benefits related to the potential energy supply”[8]; and
WHEREAS, the Delaware Coastal Management Program FEIS states that the siting of LNG export/import ports is prohibited “…in Delaware Bay for environmental reasons, (i.e., spillage, dredging and spoil disposal)”[9] and that “…[facilities such as] LNG terminals or deepwater ports, poses grave risks in or near areas used for high density recreation, and relied upon by commercially important fish. Moreover, such facilities and certain heavy industrial uses not only threaten the fragile coastal environment directly, but also typically generate pressure for additional development with negative impact of its own”[10]; and
WHEREAS, the Delaware Coastal Management Program FEIS states that a study cited by the U.S. Congress’ Office of Technology Assessment (OTA) “…recommends that population near proposed [LNG terminal] sites be "zero or very low" density within a one-mile radius, and low within a 6-mile radius”[11]. The same report states, “There has never been a massive LNG spill on water. Estimated distances vary from less than one mile to more than 50 miles, depending on different assumptions. Work by the U. S. Bureau of Mines has indicated that a 25,000 cubic meter spill--the contents of one the cargo tanks in a big LNG tanker- - could produce a 1500 foot long plume, the major part of it is highly flammable. With stable weather conditions and a steady wind of about 7 miles an hour, the plume could theoretically travel some 19 to 38 miles according to the BLM study. More recent studies by the Coast Guard suggest that the impacted area would be from 1.25 to 3.2 miles under normal weather conditions and no more than 10.5 miles under extreme conditions.”[12]; and
WHEREAS, should such an event occur within the 9.5 mile portion of the Delaware River between the DE-PA state line and the Twin Bridges, an unfortunate wind direction could make the zone of potential damage extend nearly 10 miles farther west of the river' western shoreline than the 0.6 mile distance from the channel to the shoreline, encompassing more than 80% of the entire width of the State over its northernmost 24 miles; and
WHEREAS, ships passing through New Castle County and, more specifically the Greater Wilmington area, will pass within one mile of centers of dense population, including many that are categorized as Environmental Justice Communities, centers of dense commercial and business development that serve as economic drivers, vital railroads and interstate highways and will pass directly under the Delaware Memorial Bridge and will pass within a mile of the sensitive nuclear plants on Artificial Island; and
WHEREAS, Delaware River Partners LLC, a subsidiary of Fortress Transportation and Infrastructure Investors, LLC, intends to ship Liquefied Natural Gas (LNG) and other volatile hydrocarbons[13] originating from Pennsylvania Marcellus Shale gas wells; liquefied at a facility being built in Bradford County, PA; transported by truck or rail to Gibbstown, Gloucester County, New Jersey; transloaded into ships at a proposed Dock (“Dock 2”) to be built at the Gibbstown Logistics Center on the Delaware River; then shipped overseas on the Delaware River through the Delaware Bay, with no required review or permitting from DNREC; and
WHERAEAS Delaware River Partners intends to ship LNG and other volatile hydrocarbons from the proposed export terminal dock on the Delaware River for sale overseas, to the benefit of the company and its investors, while those in Delaware who are potentially adversely impacted by the project and its operations are subject to bearing the external costs; and
WHEREAS, the transport of LNG by shipping vessel on the Delaware River will require the ships to traverse the Delaware River and Bay, passing many Delaware communities, including densely populated areas, environmental justice communities, and areas of unique and vulnerable environmental, economic, and natural value to reach the Atlantic Ocean and foreign ports; and
WHEREAS, the transport of LNG by shipping vessel will negatively impact the aesthetic, scenic, and recreational value of tourism and eco-tourism in Delaware’s coastal communities and impinge on economically and environmentally important and irreplaceable coastal and marine resources; and
WHEREAS, New Fortress Energy is planning the overland transport of Liquefied Natural Gas (“LNG”, also known as liquid methane) by truck on public highways and by rail car on existing railways from a yet-to-be-completed liquefaction plant in Wyalusing, Pennsylvania, to a proposed LNG export terminal in Gibbstown, New Jersey on the Delaware River (the “Gibbstown Logistics Center”), located upriver from Delaware 6.32 miles, within a possible impact zone from a LNG release at Dock 2 and related facilities. The likely LNG truck transportation route across the Commodore Barry Bridge is only 2.85 miles upriver from Delaware, within the potential zone of impact should there be an LNG release incident; and
WHEREAS, LNG is a liquefied cryogenic flammable gas, cooled to at least -260 degrees F. It is dangerous to handle, store, and transport bringing with it "unique safety hazards". When LNG liquid is released, it immediately expands by more than 600 times its liquid volume, making it more powerful than hazardous liquids that don’t expand exponentially. An unignited, ground-hugging vapor cloud can move far distances,[14][15] and exposure to the vapor can cause extreme freeze burns. If in an enclosed space such as a basement or tunnel, it asphyxiates, causing death[16]. If ignited, the fire is inextinguishable. A resulting pool fire is so hot that second degree burns can occur within 5 seconds for those exposed within .69 miles and 10 seconds of exposure could be fatal.[17] An LNG release can cause a Boiling Liquid Expanding Vapor Explosion.[18] Spillage of LNG into water presents a hazardous situation where the water quickly transfers heat to the liquid methane, causing it to expand with explosive speed that can result in damage to nearby structures.[19] Explosion can occur and have a cascading effect as the vapor cloud moves downwind or along topographical features such as a tributary, ditch, tunnel, or human built structures, threatening public safety, human life and the environment; and
WHEREAS, the transport of LNG endangers the public and property with consequential hazards, exposing those near the navigation path of shipping vessels and/or transportation routes over land or water or near facility sites to unprecedented and unjustifiable risk. Fire, explosion, freeze burning, embrittlement of ordinary carbon steel, and other potent effects of an accident pose significant and unacceptable threats to communities and the environment; and the 2016 US Emergency Response Guidebook advises fire chiefs initially to immediately evacuate the surrounding 1-mile area on land.[20] Scientific research shows that a spill fire from a large LNG release on water could cause burns greater than one mile from the edge of the fire[21] and a vapor cloud can disperse 1.46 miles in a stable atmosphere[22] and further if moved by wind or other forces. No federal field research has concluded a definitive impact zone so in the most recent serious Plymouth, Washington, LNG fire, they evacuated a 2-mile radius[23]. According to figures from a federal study,”…on a windless day when thermal radiation is greatest, unsheltered people at a distance of 9600 feet, or nearly two miles, could suffer fatal burns”24, on a windless day, twice as far west of the shoreline as the channel is east of the shoreline; and
WHEREAS, Delaware River Partners, LLC has submitted an application to the Delaware River Basin Commission under Docket D-2017-009-2 to construct a transloading facility (“Dock 2”) at the Gibbstown Logistics Center that would transfer LNG from trucks and railcars to shipping vessels for export; and
WHEREAS, Delaware River Partners, LLC is currently storing and has expressed its intention to expand the storage of mixtures comprising propane and butanes, sometimes referred to as liquefied petroleum gases (LPG) in an underground facility at the site and to transfer these gases to ships to transport them down the Delaware River for export, and
WHEREAS, volatile hydrocarbons including ethane, propane and butanes, when released to the air are known to form gaseous clouds that, once ignited, can interact with obstacles such as trees, walls, buildings and embankments to create turbulent conditions that can lead to detonations[24] that can be deadly to humans and highly destructive to building materials including metals and reinforced concrete, and
WHEREAS, the Delaware River Basin Commission has placed a “stay” on construction of “Dock 2” at the Gibbstown Logistics Center from which LNG would be exported overseas and is reviewing an extensive record produced by the administrative appeal of the original approval granted in 2019 such that the LNG export project is on hold[25]; and
WHEREAS, the public has expressed opposition and grave concerns regarding the proposed project and has submitted over 50,000 petitions and numerous letters from different constituencies in opposition to “Dock 2”, the transport and handling of LNG, and the export of LNG from the terminal: and
WHEREAS, the Delaware River Basin Commission states, “The vision of the Delaware River Basin Commission is built upon the Compact signed in 1961 by Delaware, New Jersey, New York, Pennsylvania, and the federal government. It is defined in the Delaware River Basin Compact as, “the conservation, utilization, development, management and control of water and related resources of the Delaware River Basin under a comprehensive multipurpose plan will bring the greatest benefits and produce the most efficient service in the public welfare”[26]; and
WHEREAS, the Delaware River Basin Commission has recently affirmed in its statement on Diversity, Equity, Inclusion & Justice that its “core values” are “Service: to the public, the regulated community and our DRBC colleagues; Respect: for each other, the public and the Basin’s water resources; Professionalism: defined by high ethical standards, integrity, continuous improvement and accountability[27]; and
WHEREAS, Delaware River Partners (DRP) has not received a letter of recommendation from The United States Coast Guard approving the shipping of LNG from Gibbstown overseas through the Delaware River and Bay; and
WHEREAS, Delaware River Partners has not received a declaratory order from the Federal Energy Regulatory Commission (FERC) stating that DRP’s proposed liquefied natural gas transloading operations in Gibbstown is not subject to FERC jurisdiction under section 3 or section 7 of the Natural Gas Act, 15 U.S.C. 717b and 717f (2018) and yet DRP has no FERC approval; and
WHEREAS, the costs of recovering from damages to life, limb and property beyond the western shoreline of the Delaware River, such as could result from any of the calamitous events contemplated above, could approach or exceed the value of the onshore facility for the cryogenic gas transport business, and could by far exceed the salvage value of any floating vessel associated with the business; and
WHEREAS, the cryogenic gas shipment business operators are entitled to use all lawful means of insulating themselves against costs of recovering from any of the calamitous events described above, such as creating one or more Limited Liability Corporation(s) (LLC's) to operate its onshore facility, and/or organizing each floating vessel as a separate LLC; and
WHEREAS, the principle, well-established in existing law, whereby any business with operations that substantially risk continuing damage to the public well-being, is burdened to bear the continuing cost of shielding the public from such damages, is not diminished in any essential way when the potential for damage to life limb and property results from an unlikely sudden infrequent event of calamitous magnitude; and
WHEREAS, if the risks associated with the cryogenic gas shipment business are as small as the proponents of authorizing creation of such a business at the proposed location would like the public to believe, the cost of insuring against costs resulting from calamities such as those contemplated above, via insurance companies sufficiently capitalized to survive such calamities, must also be small; and
WHEREAS, neither the State of Delaware, the Delaware River Basin Commission nor any other agency has assessed the potential public safety, public health or environmental impacts of the proposed project; the LNG transloading operations proposed for Dock 2; the shipping of LNG from and through the Delaware River Basin, river and bay or the overland transport of LNG by truck or by rail car on the communities along the possible transportation routes; and
WHEREAS, no full scale Quantitative Risk Assessment, which quantifies the frequencies of events such as transportation accidents and their consequences, has been done of the trucks or rail cars that would contain the LNG that would travel to Gibbstown NJ[28]; and
WHEREAS, neither the State of Delaware, the Delaware River Basin Commission, nor any other agency has conducted a comprehensive assessment of the cumulative and long-term impacts of the full scope of New Fortress Energy’s plan to extract and liquefy natural gas from fracking wells in Northern Pennsylvania, transport the LNG to the Gibbstown Logistics Center, perpetually transload from rail and truck tanks to ships, and export by marine vessels overseas on the Delaware River past Delaware and South Jersey bayshore and ocean front communities; and
WHEREAS, training or support in New Castle County has not been provided for emergency or first response service organizations to respond to accidents, fires, explosions, derailments, or other emergencies related to shipping and transport of LNG and other volatile hydrocarbons within this jurisdiction; and
WHEREAS, the absence of such assessments and support prevents the appropriate management of and avoidance of shipping accidents, derailments, catastrophic events, health harms, property and infrastructure damage and environmental damage and degradation that could occur from the transportation of LNG near or through these communities, including risks to public health, property values and the clean air and water upon which all citizens and businesses depend; and
WHEREAS, the shipping vessel navigation path and the potential land transportation routes would travel past and/or through dense urban areas such as Wilmington and other communities with proportionately more minority and low income populations, compounding environmental injustices[29]; and
WHEREAS, DNREC’s stated priority of creating cleaner, lower priced and more reliable energy includes implementing energy efficiency recommendations, investing in clean and renewable energy infrastructure, modernizing power plants, working to reduce cross-state air pollution, and promoting cleaner transportation solutions[30] and the shipping of LNG perpetuates the development of fossil fuels that produce pollutants and greenhouse gas emissions. Delaware has taken recent significant legal action based on the harm caused to the state by climate change, fueled by greenhouse gas emissions from fossil fuels. Delaware’s Attorney General Kathy Jennings filed suit against “…31 fossil fuel companies on behalf of the state’s residents and businesses to hold them accountable for decades of deception about the role their products play in causing climate change, the harm that is causing in Delaware, and for the mounting costs of surviving those harms.”[31]; and
