I NDIANA S A GING AND P OTENTIALLY H AZARDOUS P IPELINE S AFETY I NFRASTRUCTURE M EDIA C ONFERENCE C ALL P RESENTED B Y : T HE H OOSIER E NVIRONMENTAL C OUNCIL AND THE P IPELINE S AFETY T RUST

Introduction Marianne Holland, Media Consultant, Hoosier Environmental Council Tim Maloney, Senior Policy Director, Hoosier Environmental Council Rebecca Craven, Program Director, Pipeline Safety Trust Kim Ferraro, Staff Attorney & Director of Water Policy, Hoosier Environmental Council

Overview & Logistics U.S. pipeline systems, current safeguards & regulatory gaps Indiana Implications: a look at Enbridge Energy Line 6B Recommendations for improved pipeline safety Q & A

Rebecca Craven, Program Director June 27, 2013

Gasoline pipeline explosion - Bellingham, Washington

Only national non-profit focused on pipeline safety. Information and Advocacy Independent technical papers Represents public interest in various forums National Conference, website, newsletter

175,000 miles of hazardous liquid lines 321,000 miles of gas transmission lines 2 million miles of gas distribution lines End to end, thats almost 100 times around the earth. Miles of Pipelines in the U.S.

Pipeline Safety Regulations Pipeline and Hazardous Materials Administration (PHMSA) is an agency within the USDOT. Minimum safety requirements for transmission and distribution lines, found in 49 CFR Parts 192 (gas), 195 (liquid), 193 (LNG) and 194 (spill response). States can enact more stringent safety regulations only for intrastate pipelines.

Pipeline Safety Regulations Indiana (Pipeline Safety Division of Utility Regulation Commission) – inspects and enforces rules on intrastate gas lines; –inspects on intrastate liquid lines; –PHMSA does all interstate lines and enforcement on intrastate liquid lines.

Other aspects of Pipeline Regulation Siting and Routing: –Interstate natural gas lines: exclusively FERC –All others: States or local governments (Indiana does not have a siting authority) Environmental permits: –Federal, state and local agencies- Right of Way acquisition: eminent domain –FERC-regulated lines have ED authority once certificate issues –All others vary by state

Other aspects of Pipeline Regulation Spill response planning: Oil Pollution Act of 1990, part of Clean Water Act –PHMSA approves pipeline operators facility response plans; other facilities regulated by EPA or Coast Guard –States may also require spill response plans, and those requirements are explicitly not preempted by the federal rules. –Indiana has not enacted spill response rules.

Finding Information about Pipelines Near You

PHMSA state pages

Incident information by operator

Causes of Liquid Pipeline Failures

State Regulators

Indiana Pipelines 47 interstate hazardous liquid pipelines 13 intrastate hazardous liquid pipelines

Enbridge Energy – Line 6B

The Marshall Spill

Impacts of Pipeline Construction

Risks to Waterways

There is a less damaging alternative

Missed Opportunity for Local Control LaPorte County Zoning Ordinance: Article 22 – Natural Resource Protection Absolutely no development activity may occur within 75 feet of the ordinary high water mark of streams, lakes and ponds or within 50 feet from the edge of wetlands.

Recommendations Indiana should adopt a law requiring a full public interest review, including an EIS, analysis of alternatives Indiana should adopt a law directing the IURC to pursue an agreement with PHMSA to undertake inspections of interstate pipelines.