Sam Koplinka-Loehr, Shale Gas Organizer Clean Air Council Williams Transco, Chester County. Source: Pipeline Safety Coalition Proposed Pipelines In The Delaware River Watershed
Jan 20, 2016
Sam Koplinka-Loehr, Shale Gas OrganizerClean Air Council
Williams Transco, Chester County. Source: Pipeline Safety Coalition
Proposed Pipelines In The Delaware River Watershed
Clean Air Council Marcellus Shale Program
• Lawsuits against polluters or agencies• Track current rulemaking and write comments on regulations• Work with residents to comment and testify on gas infrastructure• Community actions to achieve goals outside of regulatory pathways
Presentation Overview
• Proposed Pipelines in the Watershed• Environmental Impacts• Social Impacts• Regulatory and Legal Frameworks• Available Resources
Photo Source: Bob Donnan
An Overview:Proposed Pipelines in the Watershed
What Pipeline?• Natural Gas: Methane • Natural Gas Liquids:
Ethane, Propane, and Butane
• In the Delaware River Watershed, we are seeing a proliferation of proposals for both types of pipelines
Williams Transco, Chester County. Photo source: Pipeline Safety Coalition
Transmission Pipelines
Photo Source: Bob Donnan
Point of Extraction
Susquehanna County Drilling Rig. Photo Source: Sam Koplinka-Loehr, CAC
Distribution and Export
Cove Point LNG Export Facility. Photo Source: Associated Press
Proposed Pipelines in the Watershed
• Even without active drilling in the watershed, proposed shale gas pipelines present a significant threat to the ecological and community resources of the region
Pipelines in the DRW. Map source: Sam Koplinka-Loehr, CAC
Scope of Potential Impact• 2,000 miles of existing
pipelines in Watershed• 290 miles of proposed
pipelines• 15% increase in
pipeline infrastructure in the next two years, directly impacting over 3,500 acres of land and hundreds of water bodies
Pipelines in the DRW. Map source: Sam Koplinka-Loehr, CAC
Environmental Impacts
Streams and Wetlands
• Open cuts across streams and tributaries
• Erosion and sedimentation
Williams Transco, Chester County. Photo source: PSC
Waterway Protections not Guaranteed
• Pipeline companies are notorious for violations of water regulations
State Impact PA
Drinking Water Digging and rock
blasting during construction can affect private water wells
Arsenic mobilization during construction in areas with high existing levels
Map Source: Arsenic Concentrations in Private NJ wells. NJDEP
Forests
• Between 60,000 and 150,000 acres of forests in PA will be cleared by 2030 for new pipeline construction
• Pipelines create forest fragmentation and disrupt important bird areas Williams Transco, Chester County. Photo source: Pipeline Safety Coalition
Source: Natural Gas Pipelines. The Nature Conservancy. 2011. Available online: http://tinyurl.com/d5pjxur
Important Bird Areas and the PennEast Pipeline
Proposed Pipeline example: 15 percent of PennEast's proposed route would impact six Important Bird Areas:
Hickory Run Kittatinny Ridge Musconetcong Gorge Everittstown
Grasslands Baldplate Mountain Pole Farm
Source: FERC Comment. Fairfax Hutter, Washington Crossing Audobon Society Board. September, 2015
Farms and Wildlife
• Topsoil disturbances for farmers, including soil compaction
• Permanent right-of-way changes animal pathways and movement
• Impacts to endangered species
Williams Transco, Chester County. Photo source: Pipeline Safety Coalition
Preserved Open Spaces
• Pipeline companies often target preserved spaces as preserved forests and farms are often large tracts of land, with no allowable future development
Garden State Greenways. Map Source: NJ Conservation Foundation
Air Pollution
2014 Warning Signs study finds elevated rates of benzene and formaldehyde adjacent to pipeline above-ground infrastructure
Source: Global Community Monitor, Coming Clean. Warning Signs. 2014
Climate Change• Methane is 86 times
more potent than carbon dioxide over a twenty year period
• According to the Interstate Natural Gas Association of America, 6.8 percent of gas is lost due to fugitive emissions during pipeline transmission and storage
Hurricane Sandy: New Jersey Filled with Scenes of Devastation. Source: Fox News.
Source: “Emissions From the Natural Gas Industry.” Interstate Natural Gas Association of America. Available online: http://www.ingaa.org/cms/6435.aspx
Cumulative Impacts
• Areas in the watershed with 3 simultaneously proposed pipeline projects
• Cumulative impacts are still unknown as regulatory agencies do not conduct a meaningful analysis
Pipelines in the DRW. Map source: Sam Koplinka-Loehr, CAC
Community Impacts
Scope of Community Impacts Community groups
and nonprofits are beginning to see a wide range of social impacts from transmission pipelines but research is still needed to quantify the full scope of these impacts on residents and communities
Pam Judy, Washington County. Used with permission
Economic Impacts
Losses for businesses in the construction right-of-way
Decreases in property values
Economic impacts from construction and installation
Easement Agreement. Source: Pipeline Safety Coalition
Eminent Domain Proposed pipelines
are one of the few examples of large-scale eminent domain for private corporations
Eminent domain proceedings are often used as intimidation to pressure landowners to sign easements
Source: Scranton Times. February, 2015
Psychological Impacts
ATEX Pipeline Explosion in West Virginia. Source: The Intelligencer
Increasingly, communities are recognizing psychological impacts of proposed transmission pipelines on landowners
Need for additional research to fully understand psychological impacts
Native Rights Proposed pipelines
would impact Native sacred and community sites
Many tribes are not federally-recognized with access to land due to legacy of colonization
Tribes are actively involved in action around proposed pipelines in region
Photo: Chief Shelley DePaul. Indian Country Today Media. 2014
Regulatory and Legal Frameworks
FERC-Regulated Pipelines
• Most transmission pipelines regulated by the Federal Energy Regulatory Commission (FERC) pursuant to the Natural Gas Act, 15 U.S.C § 717 et seq.
• Companies are required to obtain a Certificate of Public Convenience and Necessity (CPCN) from FERC before they can construct a natural gas transmission line that crosses state boundaries, 15 U.S.C § 717(f)
• A CPCN gives the company the power of eminent domain for building the project described in that certificate
NEPA• National Environmental Policy Act (NEPA), 42 U.S.C § 4332• Any federal agency engaging in an action that may
significantly affect the quality of the human environment must first prepare a detailed statement describing:– the environmental impact of such an action;– adverse environmental effects that cannot be mitigated;
and– alternatives to the proposed action
• Agencies must consider– Connected and related projects– Cumulative effects– Growth-inducing effects
NEPA Cont’d
• How does the agency go about fulfilling its NEPA obligation?– Environmental Impact Statement (EIS)• If agency is confident there will be a significant impact• Intended to be detailed document fully carrying out the
analysis described above– Environmental Assessment (EA)• Meant to determine whether an EIS is necessary• Conclusion is either a Finding of No Significiant Impact
(FONSI) or a finding that there will be a significant impact, triggering requirement for EIS
The Public Utility Commission
• Not all transmission pipelines of concern may be regulated by FERC– Particularly true with the increased interested in
transporting natural gas liquids (fracking byproduct) which are not covered by Natural Gas Act that gives FERC its jurisdiction
• In PA we have seen companies seek to get a project approved by going through the Public Utility Commission and local zoning hearing boards
Available Resources
Online Resources
• Online Shale Gas Infrastructure Map of PA: www.tinyurl.com/gasmapPA
• Pipeline Online Resource Library: www.cleanair.org/pipelines www.cleanair.org/resources
Shale Gas Infrastructure. Map Source: Sam Koplinka-Loehr, CAC
Educational Presentations
• Catered presentations to the specific needs of community organizations and residents
• In-person as well as webinars depending on audience
Presentation on the AIM Pipeline. Source: Erick Mc Gregor, Sane Energy Project
Regulatory Assistance
• Understanding the regulatory process and relevant issues surrounding proposed pipelines in the Watershed– Commenting on proposed
Pipelines– Docket Intervention– Opportunities for Legal
Action– Answering Questions
FERC Homepage. Available online: www.FERC.gov
Organizing Support
• Achieving organizational goals in relation to proposed pipeline infrastructure
• Due to the current lack of regulatory accountability, organizing is necessary to allow opportunities for real and meaningful public participation in decision-making processes
Protest at Easton Compressor Station. Source: Lehigh Valley Live