sam koplinka-loehr, shale gas organizer clean air council williams transco, chester county. source:...

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

Thank You!

Sam Koplinka-Loehr, Clean Air CouncilSKL@cleanair.org 215-567-4004