(The following article by Joie Tyrrell was posted on Newsday.com on July 4.)
NEW YORK — The Long Island Rail Road failed to properly inspect tanks holding thousands of gallons of oil on properties in Suffolk and Queens, in what an independent state audit described as a haphazard approach to a serious environmental issue.
The railroad also did not register nearly half of the tanks uncovered by auditors as required by the state Department of Environmental Conservation, according to the report by the Metropolitan Transportation Authority inspector general. That means there was no appropriate record of the exact location of some tanks, both underground and above ground.
But railroad officials say they have complied with all recommendations made in the audit of bulk oil storage during 2001-02, which was released recently after Newsday filed a Freedom Of Information request for the report.
The railroad will properly inspect and register their tanks, LIRR officials said.
“We have implemented or are working on every recommendation,” said Jose Fernandez, LIRR vice president of system safety and security. “We put together a policy and a work plan which identifies individuals in each department to have accountability and responsibility.”
Audit findings
The audit found that the railroad did not designate a department or program responsible for managing its bulk petroleum storage tanks.
In the report, auditors found 35 tanks, providing a snapshot of how the railroad handled its bulk storage of petroleum, including waste oil, diesel fuel and kerosene.
The audit identified unregistered and uninspected tanks in the train yards at Babylon, Port Jefferson and Speonk. It also found unregistered and uninspected tanks in the yards at Hillside, Holban, Long Island City, Richmond Hill and in the West Side yard.
Though the audit did not explicitly cover leaks or spills, such loose reporting can lead to dangerous conditions, the report said.
“If the railroad is supposed to be doing their job, but doesn’t have a comprehensive plan, the risk is presumed. We don’t have to wait for a spill,” said Inspector General Matthew Sansverie, who heads the independent oversight agency created to review the operations of the MTA and its constituent agencies. “What I can tell you is that it was a very haphazard approach.”
The audit also found the railroad sometimes used unsafe and inappropriate storage devices.
According to environmental regulations, all stationary tanks at facilities with a combined storage capacity of 1,100 gallons must be registered. Any waste oil tanks must be registered as well. All regulated above-ground tanks must be inspected monthly. The report found no formal inspections of some tanks for up to 15 years.
In Queens, the railroad is subject to state DEC regulations. On Long Island, DEC delegated regulatory authority to the counties, which have stricter environmental controls.
The report said the railroad initially took the stance they were not subject to the stricter county laws because the LIRR is a state entity, but railroad officials have since said they will agree to work with both Nassau and Suffolk counties.
The LIRR also agreed to step up recordkeeping of its bulk storage tanks, Fernandez said.
Monthly inspections set
LIRR officials said they have met with representatives from Suffolk County and have sent letters to Nassau County as well. And they have implemented monthly inspections as required by law.
The regulations required for petroleum bulk storage were designed to “protect the public health, welfare, and the lands and waters of the state.” Tank maintenance and spill prevention are key components of this goal, the report said.
“An important concern is how readily the LIRR could access tank data in an emergency,” the report read.
The Inspector General made 12 recommendations to the railroad, including designating a unit to oversee compliance with the regulations, maintain an inventory of tanks and develop detailed inspection procedures.
Fernandez said the railroad has taken the appropriate steps and has paid serious attention to its oil storage issues, including removing older underground storage tanks that pose the greatest environmental risk. He also said the railroad has never been cited or fined.
“We realized we needed to put a better control to it,” he said, “even though in some aspects we felt we were responding properly.”