Sunoco Claims Harm, Seeks Overturn Of DEP Pipeline Reroute Order

UPPER UWCHLAN TOWNSHIP, PA — Attorneys for Sunoco accused the DEP of abusing its authority when it ordered a reroute of the Mariner East 2 pipeline around Marsh Creek wetlands following a spill of drilling fluid in August.

The Pennsylvania Department of Environmental Protection ordered the reroute in September around what are classified as "exceptional value" wetlands at Marsh Creek State Park, the drilling site known as HDD 290.

Sunoco Pipeline L.P on Monday petitioned the Pennsylvania Environmental Hearing Board to override the DEP's order of a Mariner East 2 pipeline reroute.

Sunoco's response to its Aug. 10 spill of 8,163 gallons of drilling fluid into Marsh Creek State Park wetlands was found to be insufficient, and the Pennsylvania Department of Environmental Protection in early September ordered the company to re-route the pipeline away from the area.

The DEP at that time demanded Sunoco immediately suspend all work until re-authorized by DEP. The Department said Sunoco, part of Energy Transfer Operating, L.P., must assess the damage done to Marsh Creek and submit its plan for remediating the damage, but it has not done so.

Sunoco attorney's argue it is being harmed in what should be the final month of its installation work at the HDD site. The reroute proposed last month will likely set the work back two years, the company's attorneys argued.

That reroute plan would divert the pipeline one mile to the north, under the Pennsylvania Turnpike, heading east for under a mile parallel to the Turnpike, across Little Conestoga Road, then turning south, crossing under the Turnpike again and re-connecting with the pipeline.

Sunoco asserts in its Oct. 26 petition it has "removed all drilling fluid that had impacted a wetland and two streams (Marsh Creek State Park) and is remediating a small impacted area of a lake. After the IR (drilling fluid spill) occurred, Sunoco Pipeline installed a containment system, which is the same type that the (DEP) has approved in numerous other locations following an IR (spill) and is designed to contain drilling fluid that may result from another IR (spill) and prevent any further impacts to waters of the Commonwealth," the petition states.

Sunoco's petition argues that the reroute order effectively throws out a seven-month review and the 250 comments that were collected to gain DEP approval for the drilling, causing "irreparable harm" to Sunoco Pipeline and "significant injury" to "the public and the environment."

The petition offers an account of incidents beginning in 2017, and its interaction with the DEP regarding permits and remediation.

The petition asks that DEP's reroute order be thrown out. "The Department's decision to issue the Administrative Order (for a pipeline reroute) was arbitrary and capricious and constitutes an abuse of discretion, and therefore issuance of a supersedeas (making void) is necessary and appropriate," the petition states.

Department of Environmental Protection Community Relations Coordinator Virginia Cain said the DEP does not comment on active litigation.

Chester County commissioners on Aug. 14 called on Pennsylvania Gov. Tom Wolf to stop construction of the Mariner East 2 pipeline and revoke Sunoco's authorization for construction, saying civil penalties and temporary suspensions were "no longer sufficient.

Likewise, Upper Uwchland Township issued such a call after the spill at Marsh Creek State Park, a major recreation area.

Sunoco's petition as submitted to the Environmental Hearing Board can be read here.

Read more about the DEP's reroute order here.