Introduction

1. Indiana’s Aging and Potentially Hazardous Pipeline Safety InfrastructureMedia Conference Call Presented By:The Hoosier Environmental Council and the Pipeline Safety Trust

2. 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

3. 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

4. Rebecca Craven, Program Director June 27, 2013

5. Gasoline pipeline explosion - Bellingham, Washington

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

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

9. 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.

10. 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.

11. 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

12. 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.

13. Finding Information about Pipelines Near You https://npms.phmsa.dot.gov

14. PHMSA state pages

15. Incident information by operator

16. Causes of Liquid Pipeline Failures

17. State Regulators

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

19. Enbridge Energy – Line 6B

20. The Marshall Spill

21. Impacts of Pipeline Construction

22. Impacts of Pipeline Construction

23. Impacts of Pipeline Construction

24. Impacts of Pipeline Construction

25. Impacts of Pipeline Construction

26. Impacts of Pipeline Construction

27. Impacts of Pipeline Construction

28. Risks to Waterways

29. There is a less damaging alternative

30. 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.

31. 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.