Falcon Pipeline Online, Begins Operations Following Violations of Clean Streams Law

The Falcon Pipeline also passes through Ohio and West Virginia. To our knowledge, regulators in those states have not released similar investigations or penalties to the PA DEP’s. This may be partially attributable to direction from above, specifically from the federal agency in charge of pipeline safety, PHMSA (The Pipeline Hazardous Materials and Safety Administration).

In a letter to FracTracker from November 10, 2021, PHMSA’s Director of Field Operations, William Rush explained: “In August 2019, PHMSA proactively reached out to the Pennsylvania Department of Environmental Protection (DEP) to share information we received regarding inadvertent returns in Pennsylvania. PHMSA is not aware of inadvertent returns related to the Falcon Ethane Pipeline System in the states of Ohio and West Virginia.”

Our public records requests and conversations with residents, however, reveal that the same problems happening in Pennsylvania are also occurring in Ohio. Shell Pipeline and its contractors have spilled drilling fluids into waterways in at least two pipeline crossing sites in Ohio. The pipeline has also spilled drilling fluids underground, which can impact groundwater and interfere with abandoned coal mines in the area, as reported by DeSmog Blog. In one such case, an underground spill prompted Shell Pipeline to contact two households and the water treatment plants for Steubenville, Cadiz, and Toronto, Ohio to monitor for drinking water impacts. There was one reported drilling fluid spill in West Virginia, although the West Virginia Department of Environmental Protection (WV DEP) stated it did not impact any waterways.

Noting the lack of attention to the pipeline in these states, FracTracker Alliance and partners asked Ohio and West Virginia state agencies to fully investigate Shell Pipeline’s incidents and their impacts on water resources along the full length of the pipeline route.

The Ohio Environmental Protection Agency stated that construction was largely complete and that the Ohio EPA has taken the necessary regulatory steps to address issues and ensure compliance with Ohio laws. The West Virginia DEP also noted that the project was nearly complete, and that there were no immediate water quality concerns but there were violations “related to maintenance of controls” which you can see here.

You can read the full responses from the three agencies below

• Pennsylvania DEP
• Ohio EPA
• West Virginia DEP (email)

The failure of Shell Pipeline to comply with its permits in violation of the Clean Streams Law validates why so many residents organized against this pipeline as far back as 2016. Too often, the oil and gas industry justifies constructing polluting infrastructure near communities by professing the effectiveness of permitting and regulatory systems, and then proceeds to violate its permits, which may or may not be met with a fine from regulators. With the Falcon Pipeline online, we’ll continue to share information as we find it.