Clean Air Council


CLEAN AIR COUNCIL CHALLENGES MARINER EAST WAIVERS ISSUED BY DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT

On April 2nd, Clean Air Council submitted a letter urging the Pennsylvania Department of Community and Economic Development (DCED) to reconsider and partially rescind six waivers the Department issued to Energy Transfer. The waivers allow continued construction on Energy Transfer’s Mariner East pipelines during the COVID-19 shutdown of non-life-sustaining businesses in Pennsylvania. 

Governor Wolf issued the order to close all but “life-sustaining” businesses, including non-essential construction, on March 23. Energy Transfer then quickly applied for waivers from the DCED to continue construction of its dangerous Mariner East pipelines at multiple sites across the Commonwealth, and DCED promptly granted a first set of waivers.

In the letter addressed to DCED, the Council detailed numerous flaws with Energy Transfer’s waiver requests, focusing in particular on the lack of evidence to substantiate Energy Transfer’s claims that its continued work at pipeline sites is needed for public safety. Construction of the Mariner East natural gas liquids export pipelines is not life-sustaining. On the contrary, these pipelines have always posed a public safety risk. They are designed to export chemicals to Europe and are not needed or built to supply heat or electricity in Pennsylvania. 

Construction of these pipelines amidst a pandemic now also poses a serious and unnecessary public health risk, as workers continue to congregate in residents’ backyards, near long-term nursing care facilities, and adjacent to essential life-sustaining businesses. In fact, construction continues in some of the most densely populated areas of the state where COVID-19 is widespread, and where workers move in and out of local grocery stores, temporary lodging, gas stations, and take-out food services.  

On April 13, Delaware and Chester counties also sent a letter urging the DCED to follow  Clean Air Council’s “well reasoned approach” and revoke waivers issued in error and not issue any further waivers to Sunoco. The two counties cited numerous instances where residents have observed workers not following social distancing guidelines, not wearing masks, and riding together in vehicles. The counties expressed grave concern for the potential of a worsening outbreak in Southeast Pennsylvania due to such activities and urged an immediate moratorium on all construction.

While there may be some extremely limited circumstances under which Energy Transfer may need to continue work to ensure the safe closure of a work site, the first set of waivers DCED granted were broad and lacked critical supporting detail. Issuing these waivers created a situation that is ripe for abuse, as Energy Transfer has a well-known track record of blatantly evading regulation, violating permits, and consistently refusing to report dangers to the public. The company is even under multiple criminal investigations related to its pipeline work.  

This is why residents across the Commonwealth have launched a campaign to tell the Department of Economic and Community Development to NOT issue any further waivers to Energy Transfer and revoke any waivers that may have previously been granted in error. 

Take action now by signing the letter to DCED.

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