Pipeline & Hazardous Materials Safety Administration Told A Federal Court Sunoco Cannot Hide Risk Assessment Data For Its Mariner East 2 Pipeline

In a September 24 filing before the U.S. District Court for the District of Columbia, the federal Pipeline and Hazardous Materials Safety Administration said Sunoco Pipeline LP could not hide risk analysis data from the public about the area impacted by a potential explosion of its Mariner East 2 Pipeline in Pennsylvania.

PHMSA said the information was not exempt from public disclosure under the federal Freedom of Information Act because the information at issue is general, not specific, and does not identify any particular points of vulnerability in Sunoco's 350-mile pipeline.

The filing was made in a legal challenge Sunoco Pipeline LP brought against the PHMSA asking the federal court to prevent the public disclosure of Mariner East 2 pipeline risk analysis data under the federal Freedom of Information Act.  [Case No. 1:21-cv-01760-TSC]

The lawsuit came after the PHMSA issued a Notice of Probable Violation and Compliance Order against Sunoco Pipeline in May, 2019 alleging Sunoco violated certain pipeline-safety regulations, including the failure to tailor its public awareness communications to the pipeline's unique attributes, characteristics, location and potential impact consequences of a pipeline rupture.

After the notice was issued, PHMSA received a request under the Freedom of Information Act for the information Sunoco presented in response, including certain risk analysis data related to explosions and spills.

The purpose of PHMSA’s public awareness communication requirement is to educate the public about the possible hazards from unintended releases of a pipeline carrying hazardous liquids, like the Mariner East 2’s transportation of propane and butane—two flammable hydrocarbon gases that can cause considerable hazards if released.

Sunoco redacted information about the maximum distance from the pipeline that would be impacted by "thermal radiation," i.e. an explosion.

Sunoco had been using a 660 foot distance from either side of the pipeline, but PHMSA requested that be increased to 1,000 feet.

Also redacted by Sunoco was information on the maximum predicted spill extent and the lower flammable limit.

This risk assessment information has not been released, pending the outcome of this federal lawsuit.

Click Here for a copy of the PHMSA memorandum supporting its motion to dismiss the Sunoco lawsuit.

PUC Actions

In September 2020, the Public Utility Commission ordered Sunoco Pipeline LP to conduct public education and awareness outreach in Cumberland County on emergency response and other issues as a result of a complaint filed by a county resident.  Read more here.

In April 2021, an opinion and order by PUC Administrative Law Judge Elizabeth Barnes was released finding that Sunoco Pipeline violated several state and federal laws in its construction and operation of the Mariner East pipelines.

Judge Barnes ordered that Sunoco (a subsidiary of Energy Transfer) pay a $2,000 fine and ordered that it undertake additional public safety measures and outreach, including burying its pipelines deep enough and ensuring that they are far enough away from other pipelines.

She emphasized in particular the need for Sunoco to improve coordination and information sharing with school districts positioned close to the pipelines, which are grappling with protecting the lives of thousands of students.  

Under the PUC’s procedures, the opinion and order will later be finalized and possibly changed by vote of the PUC Commissioners, which has not yet happened.  Read more here.

Visit DEP’s Mariner East Pipeline webpage for information on DEP-related actions.

(Photo: Blast zone map from risk assessment done on Mariner East Pipeline by a citizens group in Chester and Delaware counties.)

NewsClip:

-- Law360: Sunoco Can’t Hide Pipeline Rupture Assessments, Feds Say

Related Articles: 

-- Natural Gas, Hazardous Liquids Pipelines Are NOT Required To Carry Insurance Or Show They Can Pay For Damages If They Explode, Leak Or Kill Someone

-- DEP Collects $85,000 Penalty For Mariner East 2 Pipeline Construction Violations In Blair, Cumberland, Juniata, Lebanon Counties

-- Sen. Muth, Rep. Friel Otten: One Year After Mariner East Pipeline Spill 33 Acres Of Marsh Creek State Park Lake Is Still Off Limits, No Remediation Done

-- Chester County District Attorney Files Civil Complaint Against Sunoco/Energy Transfer On Mariner East Pipeline To Address Environmental Violations

-- PUC Judge’s Opinion Orders Sunoco To Improve Public Safety, Emergency Outreach Measures, Rebury Pipelines Related To Mariner East Pipeline Project, Full PUC Approval Needed

-- DEP Collects $497,000, Fish & Boat Commission Collects $25,855 In Penalties For Latest Violations Involving Mariner East 2 Pipeline Construction In Lebanon County

[Posted: September 28, 2021]  PA Environment Digest