To: Members of the Joint Committee on Environment and Natural Resources
From: Ania Wright, Sierra Club Maine
Date: February 7, 2023
Re: Testimony in Support of L.D. 71: Resolve, Regarding Legislative Review of Chapter 171: Control of Petroleum Storage Facilities, a Major Substantive Rule of the Department of Environmental Protection
Senator Brenner, Representative Gramlich, and Members of the Committee on Environment and Natural Resources,
I am submitting the following testimony today on behalf of Sierra Club Maine, representing over 22,000 supporters and members statewide. Founded in 1892, Sierra Club is one of our nation’s oldest and largest environmental organizations. We work diligently to amplify the power of our 3.8 million members nation-wide as we work towards combating climate change and promoting a just and sustainable economy. We urge an “ought to pass” report on L.D. 71: Resolve, Regarding Legislative Review of Chapter 171: Control of Petroleum Storage Facilities, a Major Substantive Rule of the Department of Environmental Protection.
Of our 22,000 members and supporters, 982 live in South Portland. There are 120 petroleum tanks in South Portland which are permitted by the Maine DEP to emit 630 tons per year of volatile organic compounds and 104 tons per year of hazardous air pollutants. The people in the homes, schools, daycares, senior housing, community centers, and businesses close to the tank farm facilities are exposed to higher levels of emissions than those who live further away.
Strong mandated fenceline monitoring in addition to required biannual testing of heated tanks will help keep residents living near these tank farms safe. Fenceline monitoring is simple and effective, and with the final adoption of Chapter 171, we will be able to continue to gather data about how the tank farms are impacting residents.
In addition to the final adoption of Chapter 171, we hope the Committee and the DEP will consider ways to make this data publicly available in an accessible way for residents, such as requiring regular reports from the DEP on how it is implementing the control measures identified in its 2021 “Measurement and Control of Emissions from Aboveground Petroleum Storage Tanks” report (https://legislature.maine.gov/doc/5490). Regular reporting, ideally done in consultation with the Federal Environmental Protection Agency and leading agencies from other states, should include informing citizens and this Committee of any reasons the DEP and Board decide not or are unable to require additional control measures that could protect South Portland residents.
Though we would like to stress the importance of considering long term planning and even eventual retirement of the tank farms, air quality monitoring remains a vital tool at this time to keep our residents safe and to understand the true impacts of the oil industry on our communities’ health and safety. Please vote “ought to pass” on L.D. 71.
With gratitude,
Ania Wright
Political and Legislative Specialist
Sierra Club Maine Chapter