PHMSA Sign On Letter

Nov 28

Thank you for joining the below letter to the Pipeline and Hazardous Materials Administration (PHMSA) from environmental justice, public health and environmental organizations.

Original signers include: J.L. Andrepont, 350.org; Jane Kleeb, Bold Alliance; Carolyn Raffensperger, Science and Environmental Health Network; Dan Zegart and Kert Davies, Climate Investigations Center; Jim Walsh, Food and Water Watch; Victoria Bogdan Tejeda, Center for Biological Diversity; Maureen McCue, Iowa Physicians for Social Responsibility; and Sikowis Nobiss, Great Plains Action Society.

Those joining this letter as individuals did so in their individual capacities and not on behalf of the institutions with which they are affiliated. This letter was initiated by a working group convened by the Science and Environmental Health Network.

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November 28, 2022

Mr. Alan Mayberry
Associate Administrator for Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
US Department of Transportation 1200 New Jersey Ave. SE
Washington, DC 20590
alan.mayberry@dot.gov

Dear Mr. Mayberry:

Your PHMSA rulemaking on carbon dioxide pipelines is an important undertaking in light of the rapid development of CO2 pipelines across the United States due to the 45Q tax credits. However, states are faced with an impossible situation given the rush to develop CO2 pipelines in the absence of sufficient research and adequate regulations.

Accordingly, we the undersigned organizations and elected officials formally request that PHMSA do two things: 1) issue an advisory that recommends to states that they do not permit any new CO2 pipelines until the PHMSA regulations are final; and 2) hold a public meeting on both the research questions and knowledge gaps that need to be addressed for a rigorous CO2 rulemaking and what the CO2 regulations might contain.

PHMSA Advisory

First, we think it is essential that PHMSA issue an advisory that urges states to delay any permitting of CO2 pipelines until the PHMSA regulations are finalized. Without federal regulations, the states are left with vast uncertainties about the real risks posed by CO2 pipelines crisscrossing their territories. A PHMSA advisory would signal to the states and other federal agencies that the knowledge and regulatory gaps must be addressed before inter- and intra- state pipelines can be permitted. We have attached a list of the significant gaps.

Any CO2 pipeline permits given before those gaps have been filled will be gambling with public and environmental safety. We know the forthcoming regulatory overhaul will impact the siting and therefore the risk/safety of communities. California, recognizing the uncertainties, has wisely established a moratorium on certain CO2 pipelines until PHMSA promulgates its regulations. PHMSA should urge other states to follow suit and also extend the moratorium to all CO2 pipelines, including pipelines contained within a facility’s boundary.

Public Meeting

Second, we ask PHMSA to hold a public meeting on Carbon Dioxide pipeline safety and the announced rulemaking under RIN 2137-AF60. We urge an open forum that encourages a broad information exchange between PHMSA and the many experts working on CO2 pipeline safety, public health, and environmental justice.

In addition to traditional pipeline safety panels exploring the knowledge gaps, safety issues, and published research, others panels should include public health, environmental justice, lessons from Satartia, state regulator issues, emergency response, technology recommendations, and international regulations and research. We suggest that you also feature the current state of research on plume dispersion modeling and fracture propagation, especially in Europe, to help educate interested parties of the scope at which these issues have been examined.

We ask that you invite elected officials, first responders and representatives from organizations such as the Pipeline Safety Trust, Center for International Environmental Law, Food and Water Watch, Science and Environmental Health Network, Indigenous Environmental Network and the Center for Biological Diversity. Representatives from European regulatory agencies, Canadian Energy Regulator, and other countries that have been regulating CO2 pipelines would also be valuable participants.

In conclusion, the CO2 pipeline rulemaking that PHMSA is undertaking is of critical importance. The regulations must be completed before thousands of miles of CO2 pipelines are permitted by states. It is important that this be done right. We ask that PHMSA issue an advisory that strongly advises states to delay CO2 pipeline permits until the regulations are complete. In addition, we ask that PHMSA hold a public meeting that will inform the regulatory process, thereby strengthening the law as well as the public trust in the regulations.

Sincerely,

View the CO2 Regulatory and Knowledge Gaps

Mo Banks

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