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PUC, DEP: There Needs To Be A Serious Conversation On Legislation Controlling Pipeline Siting

Andrew Place, Vice Chair of the Public Utility Commission, and DEP Secretary Patrick McDonnell told the House Republican Policy Committee Tuesday they would support a serious conversation on how Pennsylvania can have a meaningful role in siting pipelines like the Mariner East 2 Pipeline.

In addition, Secretary McDonnell said Pennsylvania needs to adopt private water well construction and location standards so DEP has fundamental information like where wells are located to properly consider impacts during pipeline permitting.

The remarks came during a Committee hearing hosted by Rep. Chris Quinn (R-Delaware) to explore pipeline safety, construction and siting issues in Chester and Delaware counties from a local and state perspective.

Eve Miari of the Clean Air Council and Virginia Marcille-Kerslake, West Whiteland Residents for Pipeline Safety, provided the Committee with an overview of community concerns with the pipeline.

Miari pointed out no state agency has authority over siting pipelines like the Mariner East project even though Sunoco proposed to transport industrial quantities of natural gas liquids in close proximity to schools, homes, senior living centers, daycares and many other vulnerable sites.

“Despite the enormous risks to public safety posed by this project, no regulatory body at the federal or state level reviewed Sunoco’s route plan with respect to public safety, or questioned the logic of running a highly volatile hazardous liquids line though dense population centers,” said Miari. “In Delaware County, approximately 25,000 residents live within the 1⁄2 mile self-evacuation zone of the Mariner East pipelines.”

She also pointed to Sunoco’s environmental compliance record during construction of Mariner East 2, including-- 200 known spills, at least 60 notices of violation and damage to 16 private water wells and multiple sinkholes caused by the construction in Chester County.

Miari said, “residents across the state are still without access to clean drinking water due to Sunoco’s construction activities….”

Virginia Marcille-Kerslake, West Whiteland Residents for Pipeline Safety, said, “Three years ago, land agents for Sunoco came to our home in Exton with an easement, and told us that they were putting in two new pipelines. They told us no trees would be coming down because they were using HDD drilling. They told us the drill would be located behind the apartment buildings across the road, out of sight and hearing.

“In the Spring of 2017, Sunoco arrived one Saturday morning and began to cut down several beautiful mature trees directly across the road from us in front of the apartments that had provided a screen and sound barrier as well as a lovely streetscape. They strung an ugly grey curtain between poles roughly 20 feet tall and built a huge worksite.

“This is how we learned that we learned that they would be drilling directly across the road from us and our neighbors. We learned that instead of 2-3 weeks of drilling as we had been told, they would be drilling for 350 days, Monday to Saturday 7 a.m. to 7 p.m. And that the eyesore of the construction site could stay in place for up to 3 years.

“And we learned what it’s like when they are drilling: The noise and vibrations are such that you can hear and feel it even inside the house and the windows rattle. And forget about enjoying your yards and gardens.”

She also expressed concerns about safely evacuating from a leak or explosion from the pipeline when her house is 200 feet from Mariner East.

“We are continuously being told that we have been living with pipelines like this for decades and that our emergency services are prepared for this. But the truth is we have not and they are not.

“In the event of a leak on Mariner East, Sunoco and PHMSA [federal Pipeline and Hazardous Materials Safety Administration] say to evacuate half a mile upwind, on foot. How are residents to be informed that there is a leak when cellphones can set off a blast? How are those with small children, the elderly or the physically challenged to evacuate when engines can set off a blast?

“We get no answer to these questions when they have been posed to emergency services and regulators in public sessions.

“In West Whiteland [Township] alone, 11,000 people live in the evacuation zone. But here’s the thing: If we get a chance to evacuate we’d be lucky, because in densely populated Chester and Delaware there’s a very real chance that before we even knew there was a leak it could be ignited and there would be no one left to rescue.”

Siting/Water Well Legislation

Rep. Becky Corbin (R-Chester) expressed concern about the lack of state authority to regulate the siting of pipelines like Mariner East given the public safety and environmental concerns raised by residents.

She explained since the original Mariner East Pipeline was built in the 1930s and since then development-- housing, schools and business-- grew up immediately around the pipeline.

Now the Mariner East 2 Pipeline, which carries explosive natural gas liquids and is parallel to the original pipeline, that has a blast zone of 1,500 feet which clearly threatens people and property.

Commissioner Place and Secretary McDonnell noted other states have enacted siting legislation in several different forms that are available to review that address many of these issues.

Both said there needs to be a serious conversation about siting legislation given the concerns of local residents and state agencies.

In response to another question from Rep. Corbin, Secretary McDonnell said there is a need to adopt legislation to set private water well construction and location standards.

McDonnell said DEP does not know where water wells are that could be impacted by either leaks from pipelines or affected during construction that could be reviewed during the permitting process.

He said not knowing where water wells were was part of the problem with the incidents involving the private wells affected by Mariner East 2 Pipeline construction in Chester County.

Emergency Response

Timothy Boyce, Delaware County Emergency Services, said the County has worked with local refineries, the airport, Port of Philadelphia and other businesses on emergency issues and tried to work with members of the public to understand issues like risk from pipeline facilities.

He pointed out they have developed a variety of warning tools like reverse calling and Delaware County cell phone warning “Delco Alert” system citizens can sign up for.

Boyce said there is a real burden on first responders, particularly the local volunteers-- can we detect a problem early enough, can we warn people to evacuate in time and deal with special needs individuals that may need help to evacuate in real time.

He said Delaware County has done tabletop exercises on pipeline incidents to work through a lot of issues in responding to an emergency like these.

Sunoco was invited to present at the hearing, but declined.

Click Here to watch a video of the hearing and for written testimony and handouts.

Rep. Kerry Benninghoff (R-Mifflin) serves as Chair of the House Republican Policy Committee.

Pipeline Task Force

In February 2016, the Pipeline Task Force presented a series of 184 suggestions to Gov. Wolf to help Pennsylvania achieve responsible development of natural gas pipeline infrastructure in the state. Among the recommendations were--

-- Plan, site and route pipelines to avoid/reduce environmental and community impacts

-- Amplify and engage in meaningful public participation

-- Establish early coordination with local landowners and lessors

-- Educate landowners on pipeline development issues

-- Develop long-term operations and maintenance plans to ensure pipeline safety and integrity

-- Train emergency responders

-- Enhance emergency response training for responder agencies

-- Employ construction methods that reduce environmental impact

-- Minimize impacts of stream crossings

-- Ensure adequate agency staffing for reviewing pipeline infrastructure projects

Click Here for a copy of the report.

Legislation Introduced

Nine bipartisan bills have been introduced in the Senate to deal with a variety of issues related to pipelines, including--

-- Pipeline Commission: Senate Resolution 373 (Rafferty-R-Montgomery) is a concurrent Senate-House resolution to establish a Senate-House legislative Commission to Study Pipeline Construction and Operations and to recommend improvements for the safe transport of oil, natural gas and other hazardous liquids through pipelines (now on the Senate Calendar for action).

-- Pipeline, Local Emergency Response Coordination: Senate Bill 930 (Dinniman-D-Chester) requiring pipeline companies to meet with county emergency coordinators to share emergency response information (now on the Senate Calendar for action).

-- Pipeline Shut-off Valves: Senate Bill 931 (Dinniman-D-Chester) requiring pipelines to have more shut-off valves in more highly developed areas (now on the Senate Calendar for action).

-- Pipeline Route Review: Senate Bill 928 (Dinniman-D-Chester) requiring pipeline companies to apply to the PUC on pipeline routes (still in the Senate Consumer Protection and Professional Licensure Committee).

-- Pipeline Inspections At PennDOT: Senate Bill 604 (Rafferty-R-Montgomery) would centralize state pipeline inspections in PennDOT (still in the Senate Consumer Protection and Professional Licensure Committee).

-- Pipeline Impact Fee: Senate Bill 605 (Rafferty-R-Montgomery) establishes a state impact fee for areas impacted by pipelines (still in the Senate Environmental Resources and Energy Committee).

-- Notification Of Pipeline Construction: Senate Bill 1027 (Rafferty-R-Montgomery) further providing for notification of residents impacted by pipeline construction (still in the Senate Environmental Resources and Energy Committee).

-- Aquifer Studies On Pipeline Routes: Senate Bill 1028 (Rafferty-R-Montgomery) requiring pipeline operators to conduct studies of aquifers that may be impacted by pipeline construction (still in the Senate Environmental Resources and Energy Committee).

-- Local Pipeline Impact Fee: Senate Bill 929 (Dinniman-D-Chester) allowing municipalities to impose an impact fee on pipelines to fund emergency response actions (still in the Senate Environmental Resources and Energy Committee).

(Photo: Mariner East Pipeline construction going through residential neighborhoods in Chester County. Clean Air Council.)

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Desperate For Answers, Groups Bankroll 2-County Study Of Mariner East 2 Pipeline

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