DEP OK's Sunoco's Revamped Work Permits After 2017 Lawsuit

WEST WHITELAND TOWNSHIP, PA — Three amended DEP permits for the Mariner East 2 pipeline installation were approved this week after Sunoco agreed in 2017 to geological review of the drill sites.

The drilling sites are in Upper Uwchlan and West Whiteland townships in Chester County and in Middletown Township in Delaware County.

The Pennsylvania Department of Environmental Protection (DEP) announced today that it has completed its review of requests submitted by Sunoco Pipeline, LP to amend to the Chapter 102 (Erosion and Sediment Control) and Chapter 105 (Water Obstructions and Encroachments) permits for three HDD sites of the Mariner East 2 pipeline.

"These approvals have undergone substantial and thorough reviews by technical staff, with careful consideration given to comments received from the public," said DEP Secretary Patrick McDonnell.

The permit approvals are not related to the diverting of Sunoco's pipeline around the Marsh Creek State Park wetlands area, after a spill of more than 8,000 gallons drilling fluid there in August, said DEP's Virginia Cain.

The permits, rather, are in response to an August 2017 legal agreement between Sunoco, the DEP, and three environmental protection groups, said Cain. The lawsuit's settlement terms required Sunoco to re-examine the geology at certain sites, and submit plans for how it will modify its work accordingly, in order to protect environmental resources in the path of pipeline installation.

The 2017 order came after Sunoco had caused other sinkholes and spills, had compromised drinking water and was sued by the Clean Air Council, the Delaware Riverkeeper Network, and Mountain Watershed Association.

The modified permits approved Sept. 22 come after a review by the Department of Environmental Protection of Sunoco's revised plans for operation at HDD sites 400, 280, and 620.

"DEP remains committed to exercising its regulatory authority to the fullest extent possible under applicable laws, regulations, and permits. We expect and anticipate that by approving these modifications, potential future impacts to the environment will be minimized, if not avoided entirely," said McDonnell.

The three permit amendments primarily address changes to pipeline installation methodology at three locations, and are described as follows by the DEP:

HDD 400, West Whiteland Township, Chester County
This permit amendment modifies the installation method for the 20-inch diameter pipeline. (Sunoco) requested to change the installation method for the 20-inch diameter pipeline from an HDD to a direct pipe bore and open trench construction. The direct pipe bore will go under the Exton Bypass (State Route 30), the AMTRAK (American Track National Railroad Passenger Corporation) and Norfolk Southern Railroad rail lines, and Wetland WL-K21. The remaining 1,269 feet will be installed using open trench construction. The change in installation method will not result in any increase in permanent impacts to Wetland WL-K21 or any other Waters of the Commonwealth as set forth in the original Chapter 105 permit for Chester County.

HDD 280, Upper Uwchlan Township, Chester County

This permit amendment modifies the route and installation method for the 16- and 20-inch diameter pipelines. (Sunoco) requested to convert the installation method of both the 16-inch and 20-inch diameter pipelines from an HDD to an open trench construction and one conventional bore to minimize impacts to Waters of the Commonwealth and avoid potential future expansion of the PA Turnpike I-76.

HDD 620, Middletown Township, Delaware County
This permit amendment modifies the route and installation method for the 16-inch and 20-inch diameter pipelines. SPLP requested to change from the Horizontal Directional Drill (HDD) installation method for the 20-inch and portions of the 16-inch diameter pipelines to open trench construction through Wetland WL-I1 and Stream S-I2, conventional auger bore under Glen Riddle Road, and a direct pipe bore under Riddlewood Drive and the Southeast Pennsylvania Transportation Authority's (SEPTA) Railroad.

More detailed information regarding these modifications, including the amended permits and comment response document, can be found at DEP's Mariner East 2 webpage on its Pipeline Portal at www.dep.pa.gov/pipelines.