“watershed connections: bringing ... · dodd frank §1504: wall street reforms, §1504 was a...
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Cell: 484.340.0648
www.pscoalition.org
email: [email protected] “Watershed Connections: Bringing Communities Together”
What you need to know - & why in the protection of communities watersheds and the environment
Sunday, March 5, 2017
Relationships focus on:
Community and Environmental Safety:
a high level of equal access to
information
community mentoring
facilitation of respectful and productive
conversations between citizens,
environmental organizations, federal,
state, local entities and pipeline
operators
Historic Brandywine Creek, Chester County, PA: Coffer Dam, Open Trench Construction 42” Natural Gas: Williams Transco Pipeline: Photo: Pipeline Safety Coalition
Pipeline Safety Coalition: Who we are & what we do:
Our Board of Directors:
• Carolyn Elefant, Law Offices of Carolyn Elephant, PLLC, Washington, DC • Dr. Simona Perry, Applied Anthropologist, c.a.s.e. Consulting Services, Savannah, Georgia • Dr. Nathan Phillips, Department of Earth and Environment, Boston University, Boston, Massachusetts • Eric Friedman, Aviation Safety Inspector, Federal Aviation Administration, Delaware County, PA • Steven R. Farrell, Technical Solutions Services, Chester County, PA • Dr. Donald Davis, Department of Plant Pathology & Environmental Microbiology, Penn State University, PA
PSC Workshops:
“What you Need to Know
and Why”
VOCABULARY:
TERMS DEFINITIONS ACRONYMS
WHO REGULATES WHAT?
PIPELINE SITING PIPELINE SAFETY
IT’S NOT JUST A PIPELINE
YOUR ROLE IN PIPELINE:
POLICY INITIATIVES DEVELOPMENT SAFETY
KNOWLEDGE = THE POWER TO PROTECT YOUR RIGHTS, SAFETY AND ENVIRONMENT
Historic Brandywine Creek, Chester County, PA: Coffer Dam, Open Trench Construction 42” Natural Gas: Williams Transco: Photo: Pipeline Safety Coalition
VOCABULARY: TERMS DEFINITIONS ACRONYMS
Processing Plant
HCA: Class 1 Class 4
http://www.pscoalition.org/pages/acronyms
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Pipelines are categorized by: What they carry: Natural Gas, Hazardous Liquids [crude, petroleum, anhydrous ammonia, carbon dioxide,
HVLs {propane, butane, ethylene, condensates}]
And where they go: Within state boundaries, between states or countries, pipe to pipe, pipe to end user…
Is it Gas, Hazardous Liquids? Does it cross state lines? Does it supply the people of Commonwealth? Is the fuel being exported…
it can be very confusing !
SITING
Interstate Natural Gas Pipelines: FERC US ARMY CORP ENGINEERS, PA DEP: permits for crossings of wetlands, waterways, areas of endangered species, historic value, etc) Class One Gathering Lines, Intrastate Natural Gas, Petroleum, Liquified Natural Gas (LNG), Hazardous Liquids Transmission lines, Processing Plants, Valves, Pumping Stations, Compressor Stations, City Gates, Distribution Lines, (above ground facilities): INDUSTRY / OPERATOR / UTILITIES
SAFETY
Department of Transportation - Pipeline & Hazardous Materials Administration
US DOT PHMSA:
Interstate Transmission: all lines
PA PUC: (State Public Utilities)
Intrastate Transmission, Gathering Lines (not Class One) distribution lines: through PHMSA contracts
WHO REGULATES WHAT?
PIPELINE SITING PIPELINE SAFETY
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IT’S NOT JUST A PIPELINE
Natural Gas Pipeline Infrastructure
Hazardous Liquids Pipeline Infrastructure
Source: https://opsweb.phmsa.dot.gov/Pipelineforum/pipeline_safety_update/image_library.html
Source: PHMSA National Mapping System: https://pvnpms.phmsa.dot.gov/PublicViewer/
It’s not just a pipeline…
YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
A New Administration: New Federal Policy & Initiative Changes New State Impacts
Moving Targets: Keystone XL, Dakota Access Pipeline, FERC, PA DEP, Local Municipal Authority
A New Administration: New Federal Policy & Initiative Changes
Dodd Frank §1504: Wall Street reforms, §1504 was a bipartisan anti corruption rule requiring US oil, gas, and mining companies to disclose foreign payments, earnings and taxes paid. §1504 of Dodd-Frank was a bipartisan initiative of Senator Lugar (R-Indiana) and Senator Cardin (D-Maryland)
2010: Worried about §1504 of the Dodd-Frank, ExxonMobil’s then-CEO, Rex Tillerson,
visited the amendment’s Republican co-author, then-Senator Richard Lugar, to try to get it
killed. Tllerson argued competitive disadvantage and cited Exxon’s business interests in Russia. Lugar believed greater transparency would remove the “resource curse” of corruption plaguing mineral rich countries and told Tillerson they would have to agree to
disagree.
July 2016: After 6 years of industry, government and civil society negotiations, §1504 of
Dodd-Frank Act was enacted. (USEITI)
January 2017: Former Exxon Mobil CEO, Rex Tillerson became Secretary of State.
February 3, 2017: At the bequest of Secretary Tillerson, The Department of the Interior
wrote a letter of recommendation encouraging the removal of §1504. Through the CRA
(Congressional Review Act) Congress removed §1504 of Dodd Frank.
February 14, 2017: President Trump signed the first CRA in 16 years - Nullifying §1504. Some say Congress passed the “Kleptocrat Relief Act” (a ruler who uses political power to steal his or her country's resources)
YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
https://politicsofpoverty.oxfamamerica.org/2015/08/the-foundation-is-shaking-
beneath-big-oils-house-of-cards/
Putan & Tillerson: Source: http://read.bi/2kcvhQc
YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
A New Administration: New Federal Policy & Initiative Changes
Bureau of Land Management Methane Rule: Effective January 17, 2017: Reduce waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore Federal and Indian (other than Osage Tribe) leases. The regulations also clarify when produced gas lost through venting, flaring, or leaks is subject to royalties, and when oil and gas production may be used royalty-free on-site…The BLM Methane estimates a loss in royalties of about $50 million each year. March 2017: Under the CRA, the House voted to repeal BLM methane rules. The Senate is considering repealing. The Environmental Protection Agency (EPA) repealed an Obama-era rule requiring oil and natural gas companies to provide the agency information about methane emissions and reduce methane emissions & wasted gas on Public and Tribal Land. Repealing such rules by CRA bars the crafting of similar policies in the future.
Congressional Review Act statute (text below) that affects not just these rules, but also stream protection, methane and others: “A rule that does not take effect (or does not continue) under paragraph (1) may not be reissued in substantially the
same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new
rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule.”
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YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
Environmental Protection Agency: February 2017: Administration began removing Climate Change information from EPA website. The Senate confirmed Scott Pruitt on February 17 to run the Environmental Protection Agency, Pruitt is a seasoned legal opponent of the agency. The Trump Administration intends to dismantle major regulations on climate change and clean water — and to cut the size and authority of the agency. Pruitt however has voiced concerns for the breadth of cuts to EPA
A New Administration: New Federal Policy & Initiative Changes
March 2017: White House plans (Source: Washington Post)
1.Eliminate 1/5 EPA's staff - from 15,000 to 12,000
2.Cut grants to states, as well as its air and water
programs, by 30%
3.Eliminate 38 separate programs
4.Eliminate grants to clean up brown fields or
abandoned industrial sites
5.Eliminate radon program
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YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
A New Administration: New Federal Policy & Initiative Changes
Environmental Protection Agency:
6.Eliminate climate change initiatives
7.Eliminate funding for Alaskan native villages
8.Eliminate EPA's Office of Environmental
Justice
9.Reduce annual budget: $8.2 B to $6.1 B
10. Up to 42% budget cut for Office of
Research and Development
11. Eliminate funding for U.S. Global Change
Research Program,” a climate initiative that President George H.W. Bush launched in 1989
12: Reduce funding for Chesapeake Bay
Watershed Program from $73 M to $5M
HCA = an area where transmission pipeline failures could have greatest
consequences to health, life, environment: 49 CFR 195.452 (US DOT PHMSA)
Specific to Natural Gas
HCAs are defined by population, building density and Class Locations
HCA: High Consequence Areas
Community and Environment
Class location is determined by: 1)Classes 1-3: number of dwellings within 660 feet of the pipeline for 1 mile 2)Class 4: four-story buildings are prevalent along the pipeline Class and design factors: Class is used to determine the design pressure for steel pipe - generally reflecting MAOP (maximum allowable percentage of SMYS (specified minimum yield strength):
YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
Class 1: 0.72, Class 2: 0.60, Class 3: 0.50, Class 4: and 0.40 What happens when a class location changes - as population grows? The operators must either: 1)reduce the pipe's operating pressure to reduce stress levels in the pipe 2)replace the existing pipe with pipe that has thicker walls or higher yield strength to yield a lower operating stress at the
same operating pressure 3)where the class is changing only one class rating, such as from a Class 1 to Class 2 location, conduct a pressure test
at a higher pressure. Operators can apply for special permits to prevent the need for pipe replacement or pressure reduction after a class location changes. Based on certain operating safety criteria and periodic integrity evaluations, PHMSA has approved some class location special permits.
Distance beyond which a person standing outside, in the vicinity of a pipeline rupture and fire would have a 99% chance of
survival - or in which death, injury or significant property damage could occur.
PIR increases as diameter and pressure of the pipe increase
PIR circles are defined as HCAs if they contain:
• 20 or more structures intended for human occupancy
• buildings housing populations of limited mobility
• buildings that would be hard to evacuate (nursing homes,
schools)
• or buildings and outside areas occupied by more than 20
persons on a specified minimum number of days each year
such as places of worship
Formula: PIR = 0.69 * (p*d2) 0.5
Where: PIR = Potential Impact Radius (in feet) p = maximum allowable operating pressure (in pounds per square inch) d = nominal pipeline diameter (in inches), and 0.69 is a constant applicable to natural gas (constants for other gases must be determined in accordance with Section 3.2 of ASME B31.8S-2001)
Pipeline Safety:
Potential Impact Radius: Determining High Consequence Areas
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We may live in a time of uncertainty…
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YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
Never doubt that a small group of thoughtful, committed citizens can change the world;
indeed, it's the only thing that ever has.
Margaret Mead
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Active community and watershed group participation
• Get to know your watershed - NOW - participate in its health and well being every day
• know who and what lives there
• what constitutes its health and wellbeing
• what will threaten its health and wellbeing
• Form community groups before pipelines are proposed and:
• Join PSC and regional NGOs with diverse expertise
• Develop ongoing relationships with your municipal officials
• Consider forming EACs
• Learn what the permitting processes are for your state and municipality
• Develop an ongoing relationship with your Conservation District
• Form Watchdog Groups
• Consider cumulative impacts of all pipelines and development
• Whenever possible, advocate for HDD crossings of waters
YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
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YOUR ROLE IN PIPELINE: POLICY INITIATIVES DEVELOPMENT SAFETY
• PA Act 167: Pennsylvania’s Storm Water Management Act (Act 167)
• PA Act 167: Stormwater Management Act
• PA DEP Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT
• PA DEP Chapter 102 - Erosion and Sediment Control
• EPA: Army Corp of Engineers - 404 Permit
• FERC: Wetland and Waterbody Construction
Keep on top of Current Regs Start to Prepare Early
Be Prepared to defend regs - push for them to be implemented
Know the Applicable Regs - Don’t be NIMBY
Active community and watershed group participation
Advocate for HDD crossing whenever possible
Historic Brandywine Creek, Chester County, PA: Coffer Dam, Open Trench Construction 42” Natural Gas: Williams Transco Pipeline: Photo: Pipeline Safety Coalition
cement casing on pipes under stream crossings
initial stream remediation
Post construction
2 years
Before Open Cut