Lawmakers in Two States Discuss the Keystone Pipeline Oil Spill

Soil from Steele City is Being Used to Replace Contaminated Soil at Kansas Oil Leak Site By Gordon Hopkins This week, lawmakers in two states discussed the Keystone Pipeline oil spill that occurred last year, how the cleanup is progressing and possible long-term ramifications. A hearing with the Kansas Legislature was held Tuesday, March 14, with Gary Salsman, TC Energy Vice President, Field Operations, answering questions. That same day, commissioners with both Jefferson and Douglas counties also discussed the matter.The oil leak dumped an estimated 12,937 barrels of crude oil into Mill Creek, three miles east of Washington, Kansas, and approximately 20 miles south of Steele City, on December 7, 2022. Steele City is a key junction for the Keystone Pipeline, which is owned and operated by TC Energy, the company formerly known as TransCanada. Soil from Steele City“Clean” soil from Steele City is being taken to the site of oil spill to replace the oil-contaminated soil that has been removed and shipped to a landfill in Douglas County.According to a statement from TC Energy, “We are transporting additional soil to the site to support backfilling excavated areas and the management of temporary berms at the milepost 14 site. The soil is sourced from a separate facility, and testing has validated it as a clean source of subsoil and topsoil.”Last year, after the Keystone XL Pipeline cancellation but before the leak, TC Energy, began preparations for the construction of three oil tanks in Steele City. In October of 2022, a representative with TC Energy advised FJN, “All activities will occur within TC Energy-owned land. The area of development is approximately 30 acres.”This is the source of the “additional soil” being sent to Kansas.Trucks began hauling dirt in January of this year.FJN reached out to the EPA (Environmental Protection Agency) for more details. An EPA representative explained, “The soil (from Steele City) that is being used to support backfilling the excavated areas is being sourced from a separate facility and is tested to validate that it is a clean source of sub- and topsoil before being transported to the spill site.”The EPA added, “This soil is also being used for the dams and in the creek to dam off the water so cleanup of the creek banks and bottom can be performed.”Jefferson County Commissioners have estimated at least 100 trucks a day are traversing the road between Washington, Kansas, and Steele City. That road has been severely damaged by the traffic and Jefferson County Commissioners are in negotiations with TC Energy to replace the road.“They are going to send one of their senior executives down at the end of March,” said Jefferson County Commissioner Mark Schoenrock. “So far, the discussions have been very positive. I have laid out for them what it's going to cost to replace that road. And there has not been any reluctance.”FJN asked how much dirt has been taken from Steele City to date. The EPA representative responded, “At this time, we are not releasing information about the amount of soil that has been transported to be used as backfill at the site of the oil spill and cleanup. We will re-evaluate this decision at a later date.”Jane Kleeb, Chair of the Nebraska Democratic party and founder of Bold Nebraska, an environmental and landowner rights group that campaigned against the Keystone XL Pipeline, issued a statement in response, “Nebraska is not only being treated as a toxic waste dump by Keystone pipeline, they are also taking our clean soil to use in the ongoing clean up in Kansas. Our Governor needs to step up to the foreign corporation and tell them no for once. Our state should also be conducting weekly testing of the toxic materials they are dumping in Nebraska and making those records public. For anyone still wondering, this entire fiasco is exactly why farmers, ranchers and Tribal Nations stood up for 13 years to stop the risky Keystone XL pipeline.”Contaminated Soil from KansasAs for the contaminated soil coming from Kansas, it is being sent Pheasant Point Landfill in Bennington, in Douglas County, northwest of Omaha, owned and operated by Waste Management (WM).According to a “Special Waste Disposal Request” from the Kansas Department of Health and Environment (KDHE) Bureau of Waste management lists the hazardous materials contained in the waste as “crude oil impacted soil, vegetation, wood, plastic, absorbents, PPE, (Personal Protective Equipment) hoses, boom and animal carcasses.”The “Special Waste Disposal Request” also identifies the “Hazardous Ingredients of Material” as bitumen, hydrocarbon diluent, benzene and hydrogen sulfide.Documentation from WM indicates a waste analysis is to be completed for every 2,000 cubic yards.Despite the presence of benzene and hydrogen sulfide, the EPA told FJN, “Oil-impacted soil, once excavated, is stockpiled on-scene. From there, laboratory analysis is performed to provide the landfill with a waste profile. This analysis has determined it as not being hazardous.”“The contaminated soil is excavated and taken to a lined pit where it is mixed to stabilize it before it is loaded and shipped to the landfill,” said the EPA representative. “Wet soils – such as sediment from the creek bed – are being solidified with wood chips before being shipped to the landfill.”According to the EPA, with the exception of the wood chips, nothing else is being mixed with the waste. The statement said, “it is mixed to stabilize it.” The EPA clarified, “This refers to a mechanical mixing of the contaminated soil within itself – there are no solutions, substances, or liquids being mixed in to the contaminated soils.”Concerns About What is in the WasteAt a meeting of the Douglas County Commissioners last week, March 7, Commissioner James Cavanaugh asked, “Why isn't Kansas taking care of their own oil spill waste?”“We've got constituents that are concerned with their water quality relative to bringing pollutants in from other states and they've reached out to me,” said Cavanaugh. “The concern is regarding this dilbit (diluted bitumen) substance, which often includes benzene, which is a known human carcinogen, and the possibility that this could escape into the air water soil around Bennington where the landfill is.”Commissioner Maureen Boyle said, “It seems obvious to me that there are concerns among us and the citizens about what is contained in that.”On March 14, Douglas County Commissioners spoke with WM District Manager Ryle Palmer, who said, “The regulatory limit is 500 parts per billion.”“We've probably got 30 different soil samples that have been taken,” said Palmer. “The highest result we've seen has been 79 parts per billion, and the regulatory limit is 500 parts per billion.”Regarding the appropriateness of Pheasant Point as a destination for the waste, Palmer said, “This is where regulatory agencies want this material placed to try to keep the environment safe, because we do have the controls in place to make sure that it is not going to contaminate the environment further.”Palmer provided details to the commissioners about how the landfill is constructed and the safeguards that are in place.Palmer noted WM has a facility in Kansas, north of Topeka, but he said it was not significantly closer than Pheasant Point, “But that site's a little bit smaller, with a smaller crew.”Commissioner Michael Friends said, “So, it's not like the state of Kansas or the governor said, 'No, not here.'”The process is likely to continue for several more weeks.As of Monday, WM indicated approximately 47,864 cubic yards had been sent to Pheasant Point.According to the “Special Waste Disposal Request,” the quantity approved for disposal is 75,000 cubic yards.

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