Author: Nicole Wines

ACTION ALERT: Send Comments to NJDEP by November 20, 2018

DO SOMETHING YOU’LL BE THANKFUL FOR

Speak up for the health, safety & environment of your family, friends and future generations.

Deadline:  Tuesday, November 20, 2018

This is the last date that the NJDEP will consider comments on the Freshwater Wetlands Permit Application of Williams/Transco for the Compressor Station 206 and onland part of the pipeline by Raritan Bay.

REMEMBER:  If all permits are not obtained, the Compressor Station 206 and pipeline near and under the Raritan Bay cannot be built. 

Over 300 concerned residents went to the NJDEP Hearing on November 5, and the 3-minute comments were still being made past 11:00 PM.  That was an amazing showing, but more is needed.

As Abraham Lincoln said in the Lincoln-Douglas debate of 1858,

“Public sentiment is everything.
With public sentiment, nothing can fail; without it, nothing can succeed.”

This is the time for all to make their concerns known to the NJDEP.  The power of many is needed to stop the Northeast Supply Enhancement Project from creating risks to our health and safety.  Every comment matters!

COMMENT SAMPLES (.docx):

  1. Incomplete Application that is also not compliant with Stormwater Management Rules
  2. Application does not meet “public need” or “public interest” requirements – long & short versions
  3. Application has concerning impacts on wetlands
  4. Application threatens habitats for threatened & endangered species
  5. Health issues related to Freshwater Wetlands Permit Application
  6. Safety issues related to Freshwater Wetlands Permit Application
  7. Summary of Concerns with the Freshwater Wetlands Permit Application

As Margaret Mead said,

“Never doubt that a small group of thoughtful concerned citizens can change the world.
Indeed it is the only thing that ever has.”

ACTION ALERT: Message the NJDEP

TAKE A FEW MINUTES TO PROTECT THE HEALTH & SAFETY OF YOUR FAMILY, FUTURE GENERATIONS, AND THE ENVIRONMENT THAT WE LOVE IN NEW JERSEY!

The proposed Compressor Station 206 and pipeline under Raritan Bay will not be built if Williams/Transco does not get all permits needed from the New Jersey Department of Environmental Protection (NJDEP) & New York Department of Environmental Conservation (NYSDEC).  To stop the NESE Project, your participation is needed by November 20.

Many voices need to tell NJDEP to deny the Freshwater Wetlands permit application for the Northeast Supply Enhancement (NESE) Project.

Gratitude is extended to over 300 people who shared their concerns about the NESE Project at the NJDEP hearing on November 5, and special thanks go to those who organized the pre-hearing rally.  A huge shout-out goes to folks from Princeton Manor – 125 of the participants came from there.  The hearing lasted for over 5 hours, and people from New York joined us to speak out.  However . . . This is not the end. 

We have until November 20 to send messages to the NJDEP. 

Please see the attached talking points and comment ideas and send them to: matthew.resnick@dep.nj.gov

  • Anyone who spoke at the hearing with prepared comments could also send the NJDEP their comments and/or more written comments.
  • You can also email your elected representatives to urge them to do whatever they can to stop NESE.
  • Please share this message and attachment with your friends and on social media.

Numbers matter! 

We want to be thankful for a large outpouring of comments to the NJDEP on Thanksgiving, so – 

Please copy/paste part(s) of the attached document and add personal comments to let the NJDEP know that we do not want this risky Northeast Supply Enhancement’s Compressor Station 206 or pipeline near and under the Raritan Bay.

Attachments: 

ACTION ALERT: Review NJDEP Application Documents

For the NJDEP hearing, you can review application material from Williams/Transco to NJDEP at:

https://drive.google.com/drive/folders/1Bm6kTq6Fv0JJIC-ra2pOXBH5SPYGWf0c?usp=sharing

These were obtained from the NJDEP through an OPRA request.

The hearing on November 5 is for the Freshwater Wetlands application.

Application for Freshwater Wetlands

Read full ACTION ALERT for the November 5 meeting on TAPinto

Note:  Files on the Google drive with “2017” contain material from the original application that was withdrawn.  The current applications, submitted June 20, 2018, should be marked as 2018.  Not all files are clearly labeled, however.

ACTION ALERT: NJDEP Hearing Monday, November 5

NJDEP scheduled a Hearing for the Wetlands Permit Application for NESE and Compressor Station 206.  See the attached notice.

Show up to let NJDEP know what you think about the proposed Compressor Station 206 & the pipeline in Sayreville & Old Bridge that is planned to also go through Raritan Bay.

DATE:  Monday, November 5, 2018

STARTING TIME:  6:00 PM

PLACE:  Franklin Twp. High School – Auditorium – 500 Elizabeth Ave., Somerset, NJ 08873

Fact-Finding Meetings: 

  • NJDEP staff will facilitate the meeting.
  • People usually get 3 minutes to speak at a microphone in front of the group about their concerns, and a stenographer records it.  It’s not like the FERC meeting where you went into a separate room.
  • Pre-written comments can be submitted at the meeting & can be sent after the meeting.
  • We do expect that pro-NESE people will be there to voice their support (like they were at the FERC public meetings), so we want to have many concerned folks there to tell NJDEP why we do not want NESE.
  • You do not need to be there at 6:00, but if you want to speak, you’ll need to sign-up when you arrive.

Then, NJDEP will give a time period and address for sending them more written comments. 

NJDEP has 90 days after holding fact-finding meetings to issue their decision.

From another hearing, NJDEP provided the following directions:

PUBLIC HEARING RULES OF CONDUCT

The purpose of the hearing is to gather public comment from anyone who wishes to speak. Any action taken by any person that prevents the public from commenting is unacceptable and will not be tolerated. Anyone who violates these rules of conduct may be removed from the hearing.

  • No signs mounted on sticks, or otherwise attached to an object, are allowed within the auditorium
  • No food or drink is allowed within the auditorium
  • Please remain seated until called forward to provide comment
  • No interrupting when someone is speaking
  • No unruly/disruptive behavior (i.e. yelling, chanting, use of foul language)
  • Testimony will be limited to three minutes per speaker

The Department thanks you for your cooperation and participation in this public process

Confused about FERC terminology…these quick tips might help

(Details at https://www.scrap-nese.org/actions-to-take/)

Intervenor: A stakeholder, a taxpayer, directly affected by Compressor/pipeline, or anyone from the public whose participation is in the public interest.  Being an intervenor legally empowers your comments and ensures that FERC registers the concern.  You must be registered with FERC, see below.  We encourage everyone to file for intervenor status.


eRegistration (https://ferconline.ferc.gov/eRegistration.aspx)

The process of identifying to FERC, you will be issued a FERC ID Number via your email.  Keep the email and password you used to register for future communications with FERC.
Once eRegistered, you can:

  • eSubscribe, to receive email notifications of new items posted about NESE (CP17-101).
  • eFile – file a Motion to Intervene, requiring answer from FERC, or
  • eFile – submit simple comments for FERC’s attention only.


eFiling (https://www.ferc.gov/docs-filing/efiling.asp)
Motion to Intervene:

  • On the Filing Type page, select General – Intervention – (doc-less) Motion to Intervene.
  • Copy and paste (or write your own) reason why you should be an intervenor.

NOTE:  Save comments to post as a separate action at a later stage.

Comment:

  • Have a comment ready as a Word document to upload.
  • On the Filing Type page, select general – comment
    (on Filing, Environ, Report or Tech Conf) – Comment.
  • On the File Upload page, select Browse … go to your documents and select the one you want to send … select Upload.


eComment (https://www.ferc.gov/docs-filing/ecomment.asp):

  • There’s no need to be registered or an intervenor to submit just comments.
  • Best is to copy & paste prepared comments from a text file into the text box.

Note: You may eFile comments/interventions as frequently and as many times as you want.
Use material provided by Franklin Twp Task Force (FTTF) to include in your comments.

 

Some Denied Permits: Hope Amid Chaos

Though there appear to be attempts in Washington D.C. to undo environmental protections and grant FERC more power through proposed legislation and actions of the EPA and Department of the Interior, there have been some encouraging developments in the courts and with state agencies that have supported protections of air and water quality.

 

FERC’S ANALYSIS OF GREENHOUSE GAS EMISSIONS WAS FOUND TO
BE INADEQUATE SINCE IT DID NOT CONSIDER EMISSIONS FROM THE PIPELINE TO THE END USE OF THE GAS

August 21, 2017 – Sierra Club v. FERC, Case No. 16-1329
A three-judge panel of the D.C. Circuit Court of Appeals ruled 2-1 that the Federal Energy Regulatory Commission had not properly analyzed the effects of burning natural gas on climate change before approving the pipeline. They ruled that FERC must consider a pipeline’s cumulative downstream greenhouse gas emissions from the combustion of the natural gas transported by the pipeline as part of its environmental review. This ruling vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines Project (Project) by granting Section 7 certificates to three natural gas pipelines in Alabama, Georgia and Florida that make up the Project :

  • Florida Southeast Connection, LLC (Florida Southeast Connection Project
  • Transcontinental Gas Pipe Line Company, LLC (Hillabee Expansion Project)
  • Sabal Trail Transmission, LLC (Sabal Trail Project)

Docket #s CP14-554-000, CP15-16-000, CP15-17-000

http://www.jdsupra.com/legalnews/ferc-failed-to-adequately-consider-29867/

 

NYSDEC DENIAL OF CONSTITUTION PIPELINE CWA PERMIT
WAS UPHELD BY THE SECOND CIRCUIT COURT

Constitution Pipeline (CP13-499) – NY State Department of Environmental Conservation’s Denial of Water Permit was upheld in court where, on August 18, 2017, the US Court of Appeals – 2nd Circuit concluded: “Insofar as the petition contends that the NYSDEC Decision is a nullity on the ground that it was untimely, the petition is dismissed for lack of jurisdiction; to the extent that the petition challenges the NYSDEC Decision on the merits, the petition is denied.” Note: FERC approved the Constitution Pipeline project in 2014.

https://www.pipelinelaw.com/2016/08/05/constitution-pipeline-cases-reflect-tension-in-states-roles-in-permitting-natural-gas-projects/
https://www.pipelinelaw.com/2017/08/31/second-circuit-upholds-state-veto-constitution-pipeline-project-via-denial-water-quality-certification/

 

NJDEP DENIED PENNEAST PIPELINE’S
CLEAN WATER ACT (CWA) PERMIT

6/28/17: Noting that the Clean Water Act (CWA 401 and 404) permit applications were very incomplete for PennEast, the NJDEP denied their applications for permits. PennEast (CP15-558) could not complete the surveys needed for their permit applications because over 65% of NJ’s landowners did not allow them onto their property. However, if PennEast receives a Certificate of Public Convenience and Necessity from FERC, they will then have the authority to gain access to properties for the surveying needed for these permits, and they will likely then reapply for the CWA 401 and 404 permits.

http://www.nj.com/mercer/index.ssf/2017/06/nj_dep_denies_permits_needed_for_penneast_pipeline.html

 

NJ’S RATE COUNCIL DECLARED THAT THERE IS NO NEED
FOR BUILDING THE PENNEAST PIPELINE
& THE REQUESTED RATE OF RETURN WAS EXCESSIVE

https://assets.documentcloud.org/documents/3106853/Comments-of-the-New-Jersey-Division-of-Rate.pdf
is in 9/12/16 in FERC Accession No. 20160912-6003(31683531)

 

NYSDEC DENIED A WATER PERMIT, BUT FERC DECIDED THAT NYSDEC “WAIVED” THEIR RIGHT TO ISSUE OR DENY A PERMIT SINCE THE DECISION WAS OVER A YEAR AFTER THE INITIAL APPLICATION

On 8/30/17, the NY State Department of Environmental Conservation conditionally denied Section 401 Water Quality Certification stream crossing permits for Millennium’s proposed 7.8 mile Valley Lateral pipeline project (C)P16-17). Then, at a 9/17/17 FERC hearing, it was “clarified” that the one-year period to review an application for the Water Quality Certificate started with “receipt” of application – not after determining it was “complete”.

http://www.bakerbotts.com/ideas/publications/2017/09/ferc-rules-that-new-york-state

 

WEST VIRGINIA REVOKES CWA 401 PERMIT IN WAKE OF HURRICANES HARVEY AND IRMA & WILL NOW REVIEW IT MORE THOROUGHLY UNDER WV’s STREAM ANTI-DEGRADATION POLICY

Sept. 7, 2017 – WVDEC revoked the Section 401 Water Quality Certification that they issued for the Mountain Valley Pipeline project (March 2017 & reaffirmed May 2017) one day before they would have needed to defend this in Court. (FERC Docket No. CP16-10). This came after a lawsuit by Appalachian Mountain Advocates on behalf of plaintiffs who argued the DEP’s analysis of the project’s effect on water quality in West Virginia was woefully incomplete.

http://www.huffingtonpost.com/entry/pipelines-bombshell-west-virginia-revokes-approval_us_59bb2c3ae4b06b71800c380c

October 10/11, 2017: 4th Circuit sent the WQ permit back to WVDEP for further review.

https://www.wvgazettemail.com/news/special_reports/marcellus/court-ruling-highlights-unanswered-questions-on-mountain-valley-pipeline/article_044cd2d7-83ce-5ab3-9567-00bb6e2b92fd.html

 

NORTH CAROLINA DEQ DELAYS DECISION ON
WATER QUALITY PERMIT

Sept. 14, 2017 – The North Carolina Department of Environmental Quality issued notice to the Atlantic Coast Pipeline that the project “involves numerous stream crossings that have the potential to affect downstream water quality both temporarily during construction and permanently.” (CP15-554) The department noted that “more site-specific detail is necessary to ensure that downstream water quality is protected.” The Governor delayed the Water Quality permit decision until December.

http://www.roanoke.com/news/virginia/north-carolina-environmental-agency-delays-decision-on-water-quality-permit/article_b3acc74b-2b20-5bcc-b89f-3233fe07d7d5.html

Northeast Supply Enhancement Project (NESE) Overview

Goal of Williams/Transco for the Northeast Supply Enhancement Project (NESE):

  • Deliver 400,000 dekatherms/day of natural gas to NYC
  • Williams/Transco already has a commitment from National Gas to buy this gas.

In Pennsylvania, they plan to add:

  • a 10-mile, 42-inch pipeline loop of Mainline D in Lancaster County, PA; and
  • a 21,902 horsepower electric-powered compressor unit at STA200, Chester County, PA (where there are already 13 compressor units)

Plans for New Jersey

Raritan Bay Loop Pipeline
Sayreville, NJ into Raritan Bay

Madison Loop Pipeline
Old Bridge & Sayreville, NJ
23.49-mile, 26-inch loop (0.16 mile onshore and 23.33 miles offshore) of Transco’s Lower New York Bay Lateral from Mile Post 12.00, southwest of the Morgan Meter & Regulator (M&R) Station in Sayreville, NJ to the Rockaway Transfer Point in New York State waters 3.43-mile, 26-inch loop of Transco’s Lower New York Bay Lateral from Compressor Station 207 at Mile Post 8.57 to Mile Post 12.00, southwest of the Morgan M&R Station

Compressor Station 206    Franklin Township (Somerset County)

new compressor station near Transco’s mainline,
consisting of two natural gas-powered turbine-driven compressor units
total horsepower: 32,000

Two 50-foot smokestacks where:

  • exhaust exits at 210,000 cubic feet per minute
  • exit temperature is 849.2 degrees Fahrenheit
  • Per Hour Release:  13 pounds of Carbon Monoxide

Williams/Transco:
Transcontinental Gas Pipe Line Co. LLC (Transco) is a wholly-owned subsidiary of Williams Partners Operating LLC, which is a subsidiary of Williams Partners L.P., which is a subsidiary of the Williams Companies, Inc.

 

Issues

  • The proposed compressor station would create air and noise problems that would affect Franklin Twp., South Brunswick, Montgomery & Princeton. Measurements of air quality are completed regionally and are averaged over time. Thus, monitoring of emissions in the air is not proposed to occur near the site, and measurement is not proposed to account for fluctuations where peak emissions are especially problematic. Additionally, all known carcinogenic emissions from compressor stations are not measured at nearby residences, places of workshop, etc.
  • Compressor stations pose serious health risks, especially for pregnant women, the elderly and the young, due to emissions that are planned, fugitive and accidental. Chemicals emitted from compressor stations include known carcinogens.
  • There is a history of catastrophic accidents at compressor stations and transmission pipelines, and an accident could result in deaths/injuries, destruction of property, limited potential for residents to evacuate, and devastation to the waterfront and waters of the Raritan Bay.
  • Increasing compression to transport natural gas through aging pipelines is a safety concern due to the increased velocity/heat of the moving gas and hastening of pipeline corrosion that could result in an explosion.
  • Though a segment of pipeline on Trap Rock Quarry property was replaces in the late 1980’s, there is no publicly available information about the age of the other pipeline associated with this project which, as far as it is known, were constructed in the 1950’s and 1960’s. Additionally, according to a Pipeline Safety Trust analysis of federal data, new pipelines are failing at a rate on par with gas transmission lines installed before the 1940s.
  • The NJ Buddhist Vihara & Medication Center borders the property where CS 206 is proposed. The noise, odor and emissions from the compressor station threaten their religious practice of walking meditation on trails which extend to the site of the compressor station. It is not known what effect the noise and pollution could have on their Buddha Statue which is the largest outdoor Buddha statue in the Western Hemisphere and a Cultural Landmark in Franklin Township.
  • Plans for construction of the compressor station and pipelines are near Superfund Sites.
  • There is not adequate water service in the area of the proposed compressor station to address potential accidents.
  • The habitat in/near the Bay would be disrupted during construction for marine mammals, fish, shellfish and horseshoe crabs that rely on it. Dangers of vessel strikes, accidental fluid releases, and disruption of the seafloor are concerns.
  • Sea mammals (Gray Seal, Harbor Seal, Harp Seal, North Atlantic Right Whale, Bottlenose Dolphin, Harbor Porpoise, & Short-Beaked Common Dolphin) are expected to be affected by exposure to seismic activity such that Williams/Transco will apply for an Incidental Harassment Authorization (IHA) to account for sound pressure from construction that has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].
  • Tourism and commercial fishing activities in the Raritan Bay area would be impacted by construction that is planned to occur for 9 months, 7 days a week, 24 hours a day (weather permitting).
  • For a project like this, there is no public vote; local ordinances can be ignored; and there is limited public input. The US Congress is working to increase the authority of FERC while lessening the rights of States to protect the public through their determinations about required air and water permits.

Learn more, read the information packet from the South Brunswick Informational Meeting held by Food and Water Watch.