Pittsburgh Post-Gazette

Regulators offer new rules for pipelines

Industry leaders say none are necessary

- By Anya Litvak

In June 2019, the Pennsylvan­ia Public Utility Commission began to consider new regulation­s for hazardous liquid pipelines after a string of spills, sinkholes and other high-profile incidents on Energy Transfer’s Mariner East pipelines.

Constructi­on of the three pipelines that make up the Mariner East System resulted in a number of environmen­tal violations and fines topping more than $13 million, but the PUC doesn’t regulate environmen­tal matters. It is concerned with safety and with portions of the pipelines still under constructi­on. At that time, the commission said, “We must proceed expeditiou­sly but cautiously.”

It put out a broad range of topics to consider. Comments poured in. Ninety-three Pennsylvan­ia residents, public officials, industry and labor groups weighed in — some asking for stricter rules for pipelines, others advising against them.

Then, two years passed without word from the commission.

Last week, the silence was broken, and the PUC unveiled its proposed rules that would apply to intrastate pipelines transporti­ng gasoline, petroleum, crude oil and natural gas liquids like ethane. That includes the Mariner East System and Buckeye Partners’ Laurel Pipeline, which carries petroleum across the state.

According to the PUC, the rules would cover more than 1,600 miles of pipelines in the state.

The proposed rules do not follow the industry recommenda­tions to leave the regulating to federal authoritie­s. They tackle issues such as how frequently the pipelines should be inspected, what kinds of geological studies should be done before they’re built and how constructi­on workers should be qualified to build them.

But they stop short of establishi­ng constructi­on permits for such pipelines, as some environmen­tal and citizen groups had requested, and they do not wade as much into pipeline siting as some want.

The commission’s action and the publicatio­n of the proposed rules in the Pennsylvan­ia Register will launch a 60-day public comment period.

The proposed regulation­s would require, among other things:

• after an accident, the pipeline company submit to regulators a failure analysis report and a root cause analysis report within four months;

• PUC’s public safety personnel be notified 45 days before a major constructi­on or maintenanc­e project (defined as anything that costs the company more than $300,000 or 10% of the cost of the pipe in service, whichever is less);

• any work costing more than $50,000 to search for suspected leaks or pipe defects be reported to the PUC 10 days before it starts;

• the pipeline “must account for anticipate­d external loads for landslides, sinkholes, subsidence and other geotechnic­al hazards”;

• hazardous liquid pipelines can’t run under homes, buildings and “places of public assembly,” which the rulemaking defines as including things like “a location of assembly for civic, educationa­l, religious, social or recreation­al purposes; a location provided by a common carrier for passengers awaiting transporta­tion; or a location where persons are housed for medical or charitable care, or held for public, civic or correction­al purposes”;

• emergency shut- off valves be placed at 5-mile intervals and additional ones might be needed near schools, churches, parks and other public areas;

• pipelines that can’t follow the leak detection regime in the proposed regulation­s will be required to add an odorant to their liquid, just as natural gas companies do for house gas.

Likely drawing on the experience of the Mariner East pipeline laid in dozens of locations across the state using horizontal direction drilling — a method of boring a tunnel undergroun­d so as not to disturb the surface but that has caused spills and sinkholes — regulators now want hazardous liquid pipelines to conduct geotechnic­al studies before and after constructi­on.

And they want such projects to give all water well owners within 1,000 feet of this activity the opportunit­y to have their water supply tested before, during and after constructi­on.

The proposed rules tracked closely the comments filed by the PUC’s Bureau of Investigat­ions and Enforcemen­t, which was looking into Energy Transfer’s conduct during the constructi­on of Mariner East.

In comments to the commission, pipeline operator Energy Transfer said that should disqualify the investigat­ion and enforcemen­t division from any involvemen­t in these regulation­s.

“The commission must be very careful to adhere to fundamenta­l due process restrictio­ns involving employees who are involved in a prosecutor­ial role,” Energy Transfer wrote.

The would-be rules also touch on pipeline pressure testing, corrosion protection, inspection intervals and other technical specificat­ions that are likely to get pushback from industry groups. Some have already submitted comments arguing all of these aspects are regulated by other agencies and the PUC can’t make its own rules that are in conflict with federal standards.

A number of proposed changes deal with the pipeline company’s outreach to regulators, public officials and the community. For example, if a pipeline is within 1,000 feet of a school, company officials would be required to come to school administra­tor meetings if summoned. The rules, if enacted, would require annual public meetings and quarterly meetings with emergency responders.

One section of the new rules requires land agents, who deal with landowners in securing leases and during constructi­on, hold valid Pennsylvan­ia profession­al licenses in law, real estate, engineerin­g, land surveying or geology.

The requiremen­t “will prevent hazardous liquid public utilities from employing or contractin­g individual­s who are not properly qualified to act as a land agent and provide additional accountabi­lity in the performanc­e of land agent work or services,” the PUC wrote in the order making these proposals public. The agency could not say if this is currently a requiremen­t for any other type of utility.

To comment on the proposed regulation­s, visit www.puc.pa.gov/filing-resources/ and reference the docket number L2019-3010267.

 ?? Andrew Rush/Post-Gazette ?? Pipeliners work on the Mariner East 2 pipeline project on a right-of-way near the property of Jeff and Michelle Seaman in 2018 in Union, Washington County. After a number of spills, sinkholes, environmen­tal violations and other high-profile incidents on Mariner East pipelines, the Pennsylvan­ia Public Utility Commission began working on new regulation­s for hazardous liquid pipelines.
Andrew Rush/Post-Gazette Pipeliners work on the Mariner East 2 pipeline project on a right-of-way near the property of Jeff and Michelle Seaman in 2018 in Union, Washington County. After a number of spills, sinkholes, environmen­tal violations and other high-profile incidents on Mariner East pipelines, the Pennsylvan­ia Public Utility Commission began working on new regulation­s for hazardous liquid pipelines.

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