State officials told Upper Makefield residents Tuesday that new testing near a pipeline leak showing "elevated" levels of certain toxic chemicals is surprising and needs to be investigated.
Pennsylvania Department of Environmental Protection officials made these comments during a town hall meeting about the Sunoco pipeline leak discovered in January under a neighborhood near Washington Crossing. Sunoco and its parent company Energy Transfer's efforts so far to determine how big the fuel leak is and where the fuel is currently sitting are not good enough, DEP officials said, and if the pipeline company doesn't sufficiently define the leak, the state will consider additional enforcement action.
"They need to do better,” said David Brown, an environmental cleanup manager for DEP. "The rate of work has been unsatisfying."
The town hall also illuminated discrepancies between what DEP said Energy Transfer reported to them and what residents say they have experienced.
Residents at the meeting said they're frustrated that the pipeline company has stopped testing some wells every month, even though the size of the leak hasn't been confirmed. The jet fuel can move around the watershed, DEP and pipeline company officials have said, and some residents said their wells that previously tested negative for jet fuel-related chemicals are now testing positive.
Naomi Robinson, who lives about six houses away from where the jet fuel leaked, said Tuesday night that her well has tested clear for months, but recently started testing positive for toluene, a fuel component. Energy Transfer has now stopped testing her well on a monthly basis, Robinson said.
DEP's order to Energy Transfer only requires that they test the wells quarterly, Brown said, because the water filters installed after the leak will block fuel-related poisons in the meantime.
Residents also said that their water has recently started testing positive for chemicals that used to be part of gasoline but were legally phased out decades ago, like lead. Although lead can be found in ground water for other reasons, the Washington Crossing-area neighbors wondered if the recovery wells the pipeline company is using to clean up the leak is stirring up chemicals underground that may have run through the area decades ago.
Terry Dearden, who lives half a mile from the leak, said her water testing previously showed "zero" lead, but that recent tests have showed increasing levels of lead for her and her neighbors. Energy Transfer has since stopped testing her water for lead, Dearden said.
"I was not aware they had stopped analyzing for that in some homes,” Brown said.
The pipeline company has recently started conducting new tests, known as sub-slab sampling, to check for toxic vapor, Brown said. All six tests done so far at homes near the pipeline have shown “fairly elevated levels," Brown said — a mysterious finding that requires further investigation, because previous air tests indoors did not show elevated levels.
One of the chemicals found in vapor, Brown said, was 1,2-dichloroethene, which is no longer used in fuel, so it's unclear whether the finding is related to the pipeline.
"This is a new result," Brown said.
Residents pointed out that although the pipeline company has released information about the jet fuel that was recently flowing through the pipeline, it has not released a complete list of every chemical pumped through the line during its lifetime, and it's still unclear how long the pipeline was leaking.
"We shouldn’t just be looking for jet fuel," local resident Kim Smith said.
Brown also confirmed that he's not aware that the pipeline company has ever tested the leaked product in order to verify what chemicals are actually in it.
The pipeline company is in the process of drilling recovery wells to remove the fuel, Brown said, but told DEP that they've had trouble getting permission from homeowners to access their properties.
"Nobody has been asked,” residents shouted from the crowd. Several residents said that their neighborhood has responded promptly to requests in the past, and that the company's assertion that residents are preventing them from drilling the wells is untrue. One resident whose property is needed for a recovery well said in May that they'd grant access, attendees said.
In response to residents demanding that DEP modify its order or issue a new one that would force Energy Transfer and Sunoco to do more, Brown said that the agency wants to make requests instead of orders because the pipeline company can appeal formal orders, which would delay the process further.
"We want to see where this goes,” Brown said.
But attendees questioned why DEP expects the company to comply with requests voluntarily, citing the slow progress on defining the leak, which residents and DEP officials said is crucial to moving forward with cleanup. Energy Transfer was also criminally charged for repeatedly ignoring environmental regulations at a different site in 2022.
"We are not dealing with a good actor here," said state Sen. Steve Santarsiero, D-10 of Lower Makefield. "They have not done the right thing from day 1."
DEP still hasn't responded to a June letter from Santarsiero and state Rep. Perry Warren, D-31 of Newtown, asking DEP to take more enforcement actions, Santarsiero said.
"I'm irritated,” Santarsiero said. "There needs to be an enforcement action.”
U.S. Rep. Brian Fitzpatrick called for the EPA to intervene earlier this month, citing the "lack of information" from DEP after months of outreach.
Energy Transfer, which did not send a representative to the Tuesday meeting, said they're following the rules.
"Our work is progressing under the oversight of the Pennsylvania Department of Environmental Protection in accordance with the Act 2 regulations, which we will continue to meet and exceed where possible as part of our response to this release," a spokesperson said.
DEP has asked Energy Transfer to hold another in-person meeting, Brown said, and one is planned for early fall.
Jess Rohan can be reached at [email protected].