DEP LISTS CITATIONS FILED AGAINST PIPELINE

State slapped Sunoco with $87,000 penalty, noted 4 violations

The Pennsylvania Department of Environmental Protection has to date issued four notices of violation, including one in Delaware County, in connection with the Sunoco Mariner East 2 Pipeline project. The agency detailed its oversight activities in a Friday afternoon press release.

A consent order and agreement has also been executed, with a penalty of $87,600, for a violation that impacted a wetland area next to Interstate 81 in Cumberland County, it added.

“With so much concern about the Mariner East 2 pipeline, the public needs to know that DEP is taking its oversight and regulatory enforcement role seriously,” said DEP Secretary Patrick McDonnell. “This project has raised questions about public health and the health of the environment and it is important to be transparent about the issues that have arisen over the course of the construction.”

Notices of violation have been issued in two of the 17 counties along the pipeline route for impacts to commonwealth waterways from inadvertent returns associated with horizontal directional drilling. The terminology refers to incidents

“This project has raised questions about public health and the health of the environment and it is important to be transparent about the issues that have arisen over the course of the construction.” — Pennsylvania Department of Environmental Protection Secretary Patrick McDonnell

in which the drilling fluid, a mix of water and bentonite clay used to lubricate the bit, has unintentionally leaked.

The permits which DEP issued specifically for the project limit the use of additives in drilling fluids to an approved list that complies with drinking water standards, according to the release. The substances are non-toxic and not expected to have any lasting effects on impacted waters.

All reported inadvertent returns are inspected by DEP or county conservation districts, it added. As part of the permitting process, Sunoco was required and DEP approved a response plan and the agency included special conditions related to the way the company would address the incidents. The permit requires Sunoco to visually monitor the ground surface along the drilling path while operations are in progress. If an inadvertent return is discovered, drilling shall cease immediately, noted the release.

“DEP has no evidence at this time that Sunoco has not complied with this permit condition,” it added.

The procedure was apparently followed in two Delaware County spills. A notice was issued in May after nearly 580 gallons of bentonite seeped into Chester Creek in three separate instances of workers drilling along Chester Creek Road in Brookhaven. Operations were suspended and the substance contained with sand bags.

Approximately 1,500 gallons of the same substance leaked Monday into an unnamed tributary of Chester Creek in Middletown. DEP again shut the operation down and Sunoco crews used sand bags to dam the stream and pumps to remove the clay solution.

The situation is different regarding private wells. As the state does not regulate their construction nor require owners to register them, DEP had no comprehensive database to protect private supplies during permitting. The agency evaluated potential impacts as part of the normal permit application review process and “included special conditions that go beyond existing state law requirements,” according to the release.

Private wells were affected in Uwchlan and West Whiteland townships and possibly in Delaware County after the drilling process damaged underground water supplies feeding aquifers. In the Chester County situation, nearly a dozen residences experienced cloudy water or loss of supply from their private wells.

DEP has also responded to a request from state Sen. Tom Killion, R-9 of Middletown, and state Rep. Chris Quinn, R-168 of Edgmont, who forwarded a letter to McDonnell Thursday asking the department to publish a list of all notices of violation related to Mariner East 2 on its website. The correspondence noted recent incidents have “raised the level of concern in communities and prompted many questions about the regulatory and oversight process being used to protect and monitor the impact on the environment.”

“We feel this is one additional step the department can take to insure transparency and responsiveness as DEP exercises its regulatory responsibilities,” it added.

The press release indicated a detailed list of incidents will be available early next week and updated weekly on the DEP website.

The action prompted a positive response from the Pennsylvania Energy Infrastructure Alliance, which advocates for the safe, responsible development of critical energy infrastructure projects that strengthen local economies.

“We applaud DEP’s clarity and transparency throughout the regulatory review and oversight of this project,” said spokesperson Kurt Knaus. “Having been engaged in this project for over two years, members of PEIA have attended public forums and formal comment sessions during the regulatory permitting process. Over 29,000 formal comments were made in response to Mariner East 2’s DEP permit application, a clear majority of which were in favor of the project.”

RICK KAUFFMAN – DIGITAL FIRST MEDIA Two containment pools were set up after construction on the Mariner East 2 pipeline in Middletown leaked 1,500 gallons of bentonie. This was the scene near Glen Riddle Road and Martins Lane earlier this week.

RICK KAUFFMAN – DIGITAL FIRST MEDIA A marker for Sunoco Pipeline LP sits along a barren ridge that was cleared for construction of the Mariner East 2 pipeline in Middletown, Delaware County.