On September 6, Sen. Carolyn Comitta (D-Chester), Minority Chair Senate Environmental Resources and Energy Committee, announced new regulations enhancing pipeline safety and governing hazardous liquids pipelines owned by public utilities in Pennsylvania are expected to be published as final this month and take effect in November.

The regulations provide hazardous liquid public utilities with Pennsylvania-specific safety standards designed to deter inadvertent returns, leaks, subsidence events, and water contamination events related to the construction, operation and maintenance of highly volatile liquid pipelines and other public utility pipelines transporting hazardous liquids within Pennsylvania.

Once finalized, hazardous liquid public utilities will have Pennsylvania-specific standards to comply with, in addition to federal regulations currently administered by the Pipeline and Hazardous Materials Safety Administration and enforced by the PUC.

There are two PUC certificated hazardous liquid public utilities involved in intrastate service in Pennsylvania – Sunoco Pipeline, L.P. (including the Mariner East Pipelines)  and Laurel Pipe Line – and the new HVL regulations would apply to them, as well as any other future intrastate HVL public utilities.

“This is a major step forward in protecting public health, safety, and our land, air, and water,” said Comitta, who serves as minority chair of the Senate Environmental Resources and Energy Committee. “As a major energy-producing state, it only makes sense that the Commonwealth have clearer, stronger, and more comprehensive regulations protecting our communities from the potential dangers of hazardous liquids pipelines.”

This important development comes as a result of a years-long effort initiated by Comitta and others to enact stronger pipeline rules that better protect the health, safety and well-being of children, residents, and families in communities across the Commonwealth.

The process began in 2017, when then-state Rep. Comitta, brought together multiple stakeholders to discuss much-needed safety reforms to the pipeline construction process.

Those talks, some of the only of their kind taking place in Pennsylvania, included input from residents, pipeline safety groups, industry representatives, the PUC, the Department of Environmental Protection, emergency response officials, the Pennsylvania Emergency Management Agency, state and federal lawmakers, local municipalities, and the Chester County Association of Township Officials.

In addition, the need for stronger pipeline safety regulations in Pennsylvania was largely highlighted by problems with the Mariner East pipeline project, which resulted in numerous geological issues and public safety concerns, not to mention dozens of DEP violations and fines.

The construction of the Mariner East Pipeline across Pennsylvania resulted in Sunoco/Energy Transfer Partners being convicted of criminal charges for environmental violations and resulted in an additional $31 million in penalties.  Read more here.

Natural gas pipelines have been penalized over $71 million for environmental violations making them the most penalized industry in Pennsylvania.  Read more here.

Natural gas pipelines have also been convicted of multiple criminal charges-- Mariner East & Revolution Pipelines, CNX Pipeline-- and charges against pipeline workers, Equitrans,  and Shell Falcon Pipeline.

The Department of Environmental Protection published notice in the February 24 PA Bulletin the final technical guidance on using trenchless technology to construct natural gas, other pipelines and underground utilities is now available and effective.   Read more here.

“This has been a long and extensive process, but it shows that persistence pays off, collaboration works, and we can work together to better protect people and our environment,” Comitta said. “I want to thank everyone who stuck with the process and helped see this through, especially our local officials, community advocates, and emergency management professionals, as well as the PUC staff and everyone who submitted public comment.”

According to the PUC, the new rules focus on the following key elements--

-- Improves communications among utilities and members of the public; local, county, and state governments; and excavators, contractors, emergency responders, and school administrators.

-- Delegates authority to the PUC’s Pipeline Safety Section to make certain determinations and to request and receive key reports necessary for the Pipeline Safety Section to do its job of ensuring compliance with these standards.

-- Prevents construction, relocation, or conversion of existing pipelines under any buildings or dwellings except for repairs or replacement of existing pipelines.

-- Requires nondestructive tests of all girth welds with few exceptions.

-- Requires regular inspection and maintenance of proper depth of cover required by federal law for all pipe in use for transporting hazardous liquids, construction, and the maintenance of 12 inches clearance between the outside of the pipe and the extremity of other underground structures.

-- Requires geological and environmental impact studies regarding construction.

-- Requires the utility to be responsible for ensuring land agents interacting with the public regarding easements hold a valid PA license in law, real estate, engineering, land surveying, geology, or membership in good standing with the International Right of Way Association or its successor as the association has an ethics code of conduct.

--Requires additional training of emergency personnel.

Click Here for a copy of the revised PUC Final Form Rulemaking Order.

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Aug. 31 to Sept. 6 - Mystery Oil Leak Into Allegheny River; Holes In Shale Gas Casing; 65 Days Late In Plugging Conventional Well  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - September 7 [PaEN]

-- DEP Posted 48 Pages Of Permit-Related Notices In September 7 PA Bulletin  [PaEN]

-- DEP Permitting Efficiency: 20,595 Permits Since 11/2023; Decisions On 16,745;  Zero  Currently Eligible For PAyback Did Not Meet Decision Deadlines; No Application Fees Refunded [9.6.24]

Related Articles This Week:

-- Abandoned Well Citizen Expert Laurie Barr, University Of Pennsylvania Prof. Jennifer Wilcox Recognized On The Grist 50 List [PaEN]

-- Sen. Comitta: New PUC Pipeline Safety Regulations To Be Published As Final This Month For Public Utility Hazardous Liquid Pipelines  [PaEN]

-- Environmental Health Project: CNX Resources Claims Shale Gas Drilling Poses No Public Health Risks Are ‘Misleading, Irresponsible, Dangerous’  [PaEN]

-- Cecil Township Proposes 2,500 Foot Setback Ordinance From Oil & Gas Infrastructure For Sept. 4 Hearing In Washington County  [PaEN]

-- Center For Coalfield Justice Hosts Sept. 24 Program In Washington County On Increasing Setbacks From Oil & Gas Infrastructure  [PaEN]

-- US Dept. Of Interior Approves $76.4 Million To Plug Abandoned Conventional Oil & Gas Wells In Pennsylvania; 1,234 Violations For Abandoning Conventional Wells In Last 20 Months  [PaEN]

-- Environmental Defense Fund, Moms Clean Air Force To Hold Public Meetings In 3 Northwest PA Counties On A Project To Test New Methods Of Locating Abandoned Conventional Oil, Gas Wells  [PaEN]

-- Source Of 19-Day-Old Oil Discharge Into Allegheny River In Venango County Still A Mystery; Recreators Asked To Avoid The Area  [PaEN]

-- Baker Hughes: PA Natural Gas Drilling Rigs Dropped 2 More Last Week To 16; Nearly 25% Drop In 2 Weeks

-- DEP’s Oil & Gas Workload Report shows during the week ending August 30, DEP received Zero new permit applications for conventional wells and Three new permit applications for shale gas wells.

-- Independent Fiscal Office Reports 2nd Quarter PA Natural Gas Production Dropped To Lowest Level Since 2020; Number Of PA Drilling Rigs Drop By Nearly 25% In 2 Weeks As A Result Of Drillers Trying To Raise The Price Of Gas  [PaEN]

-- Center for Coalfield Justice Blog: Update On Underground Longwall Coal Mining In Greene, Washington Counties; Next DEP Report On Longwall Impacts Due… Soon  [PaEN]

-- PUC Invites Comments On Accelerated Removal, Replacement Of Older Plastic Pipe In Natural Gas Distribution Systems  [PaEN]

NewsClips This Week:

-- Post-Gazette - Anya Litvak: PA To Receive $76 Million To Plug Hundreds Of Abandoned Conventional Oil, Gas Wells; DEP Holds Workshops On New Plugging Grants

-- Earthworks: Radically Misleading - Gov. Shapiro’s Dangerous Partnership With CNX Resources Nurts Communities, Ignores The Facts

-- Inquirer - Will Bunch: Everything You Know From TV About Pennsylvania And Fracking Is Wrong

-- Reuters: Anadarko, Other Natural Gas Companies Defeat Federal Lawsuit In PA Over Royalty Payments

-- Marcellus Drilling News: UGI Seeks To Temporarily Store LNG Gas In Trailers In Scranton Suburb During Winter  [PDF of Article]

-- Scranton Times: UGI Claims Dickson City Boro Has No Jurisdiction Over Plan To Store LNG Gas In Trailers

-- Erie Times Guest Essay: Erie Manufacturer & Business Assn. Questions Biden’s Pause On Permits For New LNG Gas Export Facilities [Court Ended Pause July 1; PA Shale Gas Desperate To Sell Gas To Our Competitor China To Support Their Economy, Will That Help PA Manufacturing? ]

-- PennLive Guest Essay: Energy And Labor Are Both Needed To Power PA’s Future - By Marcellus Shale Gas Coalition & PA State Building Trades Union  PA Shale Gas Desperate To Sell Gas To Our Competitor China To Support Their Economy, Will That Help PA Manufacturing?]

-- US EIA: North America’s LNG Gas Export Capacity On Track To More Than Double By 2028

-- Utility Dive: Ratepayer Advocates Urge PJM To Include Power Plants With ‘Reliability-Must-Run’ Contracts In Next Electricity Auction; Would Have Lowered Overall Cost Of Last Auction By $5 Billion

-- Utility Dive: Reregulation?  How Utilities And States Are Responding To PJM’s Record Electricity Capacity Prices [Part 1 of 3]

-- Utility Dive: PJM Considers Fast-Track Review For Shovel-Ready Electric Generation Projects [Part 2 of 3]

-- Utility Dive: Increasing Capacity Of Existing Generation, Batteries, Demand Response May Offer Near-Term Responses To Record PJM Electricity Auction Prices [Part 3 of 3]

-- Bloomberg: High Natural Gas, Other Fossil Fuel Use Highlights US Challenge To Clean Energy Transition

-- Bloomberg: European Natural Gas Prices Approach Oversold Zone After 3-Day Sell-Off

-- Reuters: US LNG Gas Export Dominance Tested As Europe’s Demand Wilts

-- Reuters: US Regulators OK First Step To Start New Louisiana LNG Gas Export Facility

-- Bloomberg: DOE Approves New Fortress Energy LNG Gas Export Facility In Mexico

-- US EIA: North America’s LNG Gas Export Capacity On Track To More Than Double By 2028

-- The Guardian: How An LNG As Export Facility Project Along The Gulf Coast Is Upending Residents’ Lives

[Posted: September 7, 2024]

9/9/2024