The EPA Finds Holes in the State Department

A 2012 map showing Keystone's original pipeline route across Nebraska in blue, and TransCanada's preferred alternative in green. (Photo by  / )

 

The State Department鈥檚 on the Keystone XL pipeline鈥攚hich in March concluded that the pipeline would have 鈥攚as criticized by environmental groups when it came out. Now, the is questioning the report, suggesting that the State Department has underrepresented Keystone鈥檚 climate impacts, the associated safety concerns, and alternative pipeline routes.

In its , released on Monday as the public comment period on the DEIS drew to a close, the EPA categorized the assessment as one with 鈥渋nsufficient information.鈥

鈥淭he EPA has got it exactly right,鈥 said , an attorney for the , in a statement, according to the . 鈥淭he State Department鈥檚 draft environmental review of the Keystone XL tar sands pipeline is insufficient. The EPA determined that the Keystone XL pipeline would have significant negative environmental impacts.鈥

The State Department wields the power to decide whether the pipeline gets the go-ahead in the form of a presidential permit, without President Obama鈥檚 direct consent鈥攂ut only if its findings go unchallenged. That鈥檚 why the EPA鈥檚 assertions are significant, and could be instrumental in spurring Obama鈥檚 involvement at the decision-making stage. The letter commends the State鈥檚 assessment on many counts, but overwhelmingly challenges its review.

The key critique is that the assessment suggests Keystone XL will have negligible impact on climate, since other extraction and transportation efforts will take its place if it goes away. 鈥淭he market analysis and the conclusion that oil sands crude will find a way to market with or without the Project is the central finding that supports the [State Department鈥檚] conclusions regarding the Project鈥檚 potential [greenhouse gas] emissions impacts.鈥 This assumption, says the EPA, is wrong, since no industries could currently take the pipeline鈥檚 place. Without the pipeline, the tar sands would likely remain in the ground.

The EPA also critiques other aspects of the report鈥攍ike its findings on pipeline safety. The agency says that the State ought to emphasize the differences between or 鈥榙ilbit鈥欌攖he ingredient that Keystone would carry鈥攁nd conventional oil during a spill. If it hits water, dilbit sinks and is much harder to clean up, the letter shows, and a spill like that would require a whole different set of disaster responses that the EPA feels have not been fully assessed in the State鈥檚 review.

Finally, the EPA finds that the State鈥檚 exploration of pipeline route alternatives is weak. Alternatives should be 鈥渢he 鈥榟eart鈥 of an EIS,鈥 the letter reads鈥攜et the State鈥檚 assessment largely glosses over other options.

Ultimately, the EPA鈥檚 letter has given the State Department and pipeline advocates something solid to mull over. Washington Post reporter Juliet Eilperin explains in that the 鈥淓PA鈥檚 objection to the State Department鈥檚 draft analysis not only provides opponents with political ammunition, it could force President Obama to directly weigh in on the permitting decision if they raise similar objections later when State conducts a national interest determination.鈥

The letter has been met with widespread frustration from pipeline advocates, drawing criticism from the Republican Party and TransCanada (the company driving the pipeline) . TransCanada has accused the EPA of dabbling with Canadian sovereignty, while the GOP argued that the EPA鈥檚 statement shows the government has 鈥.鈥

The EPA鈥檚 letter came amidst a wave of comments that surged in on Monday. 鈥淚t鈥檚 going to take some time for State Department and the White House to go through a million comments, but when they do, they鈥檒l see a common thread,鈥 said , spokesman for climate advocacy group , as reported by . 鈥淧eople from every part of the country in every walk of life think that this pipeline is bad for our land, water and climate.鈥

 

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