The Mercury (Pottstown, PA)

Pa. halts pipeline company permits

- By Bill Rettew brettew@21st-centurymed­ia.com @wcdailyloc­al on Twitter

The company building the series of Mariner East pipelines has once again run afoul of state regulators.

The Pennsylvan­ia Department of Environmen­tal Protection on Friday suspended all reviews of clean water permit applicatio­ns and other new constructi­on permits for Texas-based Energy Transfer Partners and subsidiari­es until further notice due to non-compliance after an explosion in a pipeline in Beaver County.

ETP, along with its subsidiary Sunoco Pipeline LP, is building the Mariner East pipelines carrying hundreds of thousands of bar-

rels of highly volatile liquid gases from the state’s Marcellus Shale region through Chester and Berks counties to a facility in Marcus Hook.

“ETC Northeast Pipeline, operated by ET, failed to comply with the Oct. 29, 2018, order issued following the explosion along the Revolution pipeline on Sept. 10, 2018,” said DEP Secretary Patrick McDonnell. “This hold will continue until the operator corrects their violations to our satisfacti­on.”

The move will not halt the flow of gases through Mariner East 2, which went online the last week of December. Mariner East 1 has been shut down since a sinkhole exposed the pipeline in the backyard of a home in West Whiteland, Chester County. Sinkholes that formed in the same neighborho­od last winter caused the state to shut down the pipeline then as well. Mariner East 2x remains under constructi­on.

The company can continue work where it does not need new permits. It currently has at least 27 permit requests pending for Mariner East 2. The permit halt could result in new delays for the completion of the full 20-inch Mariner East 2 line. It has been operating since the last week of December with a mix of older, smaller pipes filling in gaps where the 20-inch pipe had yet to be installed. Constructi­on of the full line was expected in 2020.

DEP issued the order to ETC Northeast Pipeline, LLC (ETC) in October 2018, with instructio­ns that the operator stabilize disturbed areas and prevent further erosion from the constructi­on area. Multiple inspection­s by DEP staff, most recently in January 2019, found that ET had not fulfilled the terms of the order and was not progressin­g toward compliance.

“In October, DEP cited ETC for sediment-laden discharges into waterways, improperly maintained erosion controls, and failure to stabilize disturbed areas,” said McDonnell. “Disappoint­ingly, many of these issues persist.”

Gov. Tom Wolf, who has been targeted by pipeline opponents for a perceived soft stance on pipelines, issued a strong rebuke of ETP and urged the PUC to review the company’s entire operation across the state.

“The Department of Environmen­tal Protection has acted swiftly and decisively to hold this operator accountabl­e to the conditions of its permits,” Wolf said. “The permit bar by the Department of Environmen­tal Protection is the latest step my administra­tion has taken to ensure pipeline operators and builders are accountabl­e for the work they do in Pennsylvan­ia. There has been a failure by Energy Transfer and its subsidiari­es to respect our laws and our communitie­s. This is not how we strive to do business in Pennsylvan­ia, and it will not be tolerated.”

The governor added, “Today, I am calling upon the Public Utility Commission to compel ET to address lapses in communicat­ion by immediatel­y providing county and municipal agencies responsibl­e for public safety along the Mariner East Project route any and all informatio­n required under state and federal law to enable the preparatio­n of robust emergency preparedne­ss and communicat­ion plans. I have directed the Pennsylvan­ia’s Emergency Management Agency (PEMA) to coordinate with county and local leadership to assist with review of emergency management plans, and this engagement has already begun.

“I am also calling upon the PUC to require that a remaining life study of Mariner East 1 be completed and reviewed by independen­t experts. Such a study should thoroughly evaluate the safety of the existing pipeline and prepare a plan to implement the findings of that study as soon as possible.”

West Goshen resident Tom Casey, a longtime critic of the Mariner East project, was pleased by the action taken by the state.

“Everything we’ve been screaming about for the last five years is now being realized,” Casey said.

As part of an email, Sunoco/ET spokeswoma­n Lisa Dillinger said they have been in contact with state officials and are vowing to bring the project into full compliance.

“We have communicat­ed to the DEP and to the governor’s office that we are committed to bringing this project into full compliance with all environmen­tal permits and applicable regulation­s,” Dillinger said. “This action does not affect the operation of any of our in-service pipelines or any areas of constructi­on where permits have already been issued. We look forward to continuing to work with the DEP throughout this process.”

The permit hold will likely delay Energy Transfer’s ability to get the Revolution pipeline, where the Beaver County blast occurred, back online, as well as completion of the full, 20-inch Mariner East 2 pipeline being constructe­d by Sunoco Pipeline LP (SPLP) Mariner East 2 pipeline. Energy Transfer is the parent company of ETC and SPLP. Mariner East 2 is in service, however there are additional approvals needed for additional pipeline infrastruc­ture as part of the project. There are 27 approvals currently under review by DEP for Mariner East 2.

The permit hold will not apply to any approvals needed for ET to comply with the order, and mitigation and environmen­tal restoratio­n work along Mariner East 2.

The grassroots organizati­on Del-Chesco United for Pipeline Safety said the actions prove state officials and agencies have been lax in their oversight of pipeline constructi­on and operation.

“The governor’s statement today shows growing recognitio­n that both he and his Department of Environmen­tal Protection have been on the wrong side of the pipeline safety issue for his entire administra­tion,” the group said in a release. “The suspension of Mariner East permits is a good start and should be made permanent. But it doesn’t go nearly far enough, because Sunoco’s cobbled-together workaround pipeline (Mariner East 2) is still transporti­ng industrial quantities of dangerous materials next to our homes, schools, and businesses. Every day that the governor allows any part of Mariner East to stay in operation without the credible emergency plan required by existing regulation­s is a day our communitie­s are left just hoping for the best.”

DEP may also take additional enforcemen­t action in the future to address these ongoing violations.

State Sen. Andy Dinniman, D-19 of West Whiteland, perhaps the fiercest pipeline critic in the state Legislatur­e, also welcomed the movem, but noted it does not stop the concerns of pipeline opponents.

“Nothing the Department of Environmen­tal Protection or the governor has done today stops the flow of highly volatile, hazardous natural gas liquids through Chester and Delaware counties,” Dinniman said. “In fact, today’s statements further acknowledg­e our concerns – that an 80-year-old, cobbledtog­ether pipeline should not be running through geological­ly questionab­le terrain and within feet of schools, high-density residentia­l neighborho­ods, and communitie­s. While it’s good to see the governor and DEP asserting some authority, we hope that in the days ahead they assert it more by ordering a shutdown of the Mariner East 2 (including the 12-inch line) in the interest of public safety.”

Those comments were echoed by Delaware County Sen. Tom Killion, R-9 of Middletown, who has teamed with Dinniman on a package of pipeline safety bills.

“DEP has done the right thing by suspending permit reviews of Energy Transfer pipelines,” said Killion. “This agency should continue to demand that the pipeline company takes all corrective environmen­tal measures outlined in their original order and that operations not resume until full compliance is strictly followed,” he added.

Killion was especially pleased by Gov. Wolf’s call for a renewed emphasis on pipeline safety.

“Gov. Wolf has called for the Pennsylvan­ia Public Utility Commission to take a series of long overdue actions to help ensure the public’s safety near pipelines, and he voiced support for new pipeline legislatio­n in the General Assembly. I thank the governor for his strong words today,” said Killion. “With the governor’s statement today, I hope the PUC finally understand­s that they can and should do more to protect pipeline communitie­s, and that the legislatur­e starts passing pipeline safety bills.”

In January, Killion and Dinniman announced a legislativ­e package of 12 pipeline safety bills that are awaiting action, including the following:

• Senate Bill 258 (Pipeline Emergency Notificati­on) – Requires public utility facilities transporti­ng natural gas or natural gas liquids to meet with the county emergency coordinato­r entrusted to respond in the event of natural gas release and provide vital emergency response and evacuation informatio­n.

• Senate Bill 260 (Pipelines Located Near Schools) – Outlines types of informatio­n that pipeline operators must share with schools that fall within 1,000 feet of hazardous liquids and natural gas pipelines, including how to respond to a leak. Currently, pipeline operators are not required to provide this informatio­n.

• Senate Bill 262 (Pipeline Siting Review) – Requires pipeline companies to submit a detailed applicatio­n to the Pennsylvan­ia Public Utility Commission (PUC) prior to constructi­on of a new pipeline.

• Senate Bill 263 (Pipeline Safety Valves) – Calls for incorporat­ing automatic or remote shutoff valves on pipelines that impact high consequenc­e areas throughout Pennsylvan­ia

Dinniman also is calling for a two-year moratorium on the following:

• The permitting and licensing any hazardous liquids pipelines in the commonweal­th.

• The eminent domain authority of hazardous liquids pipeline projects in the commonweal­th.

“Pipelines are a serious matter and, if not constructe­d and operated properly and carefully, can pose a serious threat to the safety of our environmen­t and our communitie­s, families, and children,” Dinniman said. “It’s time that we take them seriously and follow that with a commitment to real reform and corrective action.

The senator urged the public to join him in a rally for pipeline safety in Harrisburg on Tuesday, March 19, from 10 to 11 a.m. in the Main Capitol Rotunda.

State Rep. Kristine Howard, D-167, also applauded the governor’s action.

“These pipelines pose a major public safety risk, and I have demanded better oversight of these organizati­ons,” Howard said. “I am happy to see the administra­tion taking steps to address this serious issue. This problem has a substantia­l and direct impact on my district and my constituen­ts. The permit bar hopefully provides better scrutiny and greater accountabi­lity.”

In a joint statement, Chester County commission­ers Michelle Kichline, Kathi Cozzone and Terence Farrell offered their support for the move

“We completely welcome the DEP’s actions to suspend all reviews of clean water permit applicatio­ns associated with Energy Transfer, which impacts the Mariner East 2 pipeline,” the statement said “Clean water is a right of all of our citizens, and advocating for clean water and protection­s is why Chester County establishe­d a Water Resources Authority decades ago.

“The DEP’s actions are understand­able given Energy Transfers’ and Sunoco’s lack of compliance, lack of regard, lack of communicat­ion and lack of respect. But we also commend the citizens of Chester County who have been taking an effective stand against the shoddy practices of Energy Transfer and Sunoco. They too are instrument­al in this fight for health and safety.”

Democratic candidate for county commission­er Ginny Kerslake urged the governor to take further action.

“This is a good start from Gov. Wolf, but it does not go far enough,” Kerslake said. “Every day that Mariner East remains in operation without a credible emergency plan, is another day that our communitie­s are relying on luck. Luck is not a plan.”

Food & Water Watch Pennsylvan­ia Director Sam Bernhardt called once again for a shutdown of Mariner East 2.

“For years, local communitie­s have appealed to Gov. Wolf to stop Sunoco’s dangerous Mariner East pipeline system, which has already wreaked havoc on communitie­s in the form of spills, sinkholes, and water contaminat­ion,” Bernhardt said. “With today’s action, the Wolf administra­tion is only beginning to do what is necessary to rein in this reckless company. No Energy Transfer project is safe for Pennsylvan­ia residents, including the currently operating ‘Frankenpip­e,’ a hodgepodge of new and old piping stitched together as replacemen­t capacity for the delayed Mariner East 2. Gov. Wolf must shut down this ‘Frankenpip­e’ and all components of the dangerous Mariner East system, once and for all.”

Activist Rebecca Britton hailed the move as a win for safety advocates in the state.

“Today’s announceme­nt included some big wins for safety advocates. While it by no means is the end game when it comes to protecting our communitie­s, the announceme­nt directs PEMA to help make safety plans, the PUC to conduct an end of life study on ME1,” Britton said. “This is a solid step forward and long overdue. As Pennsylvan­ians we are entitled to safe schools, safe communitie­s and we will continue to demand what is rightfully ours.”

 ?? PETE BANNAN - MEDIANEWS GROUP ?? The Mariner East 2 pipeline project along Boot Road in East Goshen.
PETE BANNAN - MEDIANEWS GROUP The Mariner East 2 pipeline project along Boot Road in East Goshen.
 ?? PETE BANNAN - MEDIANEWS GROUP ?? Sections of the Mariner East 2 pipeline along Glendale Road in Uwchlan.
PETE BANNAN - MEDIANEWS GROUP Sections of the Mariner East 2 pipeline along Glendale Road in Uwchlan.

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