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Note:  Files on the Google drive with “2017” contain material from the original application that was withdrawn.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.

2018-05-08 Montgomery Township posts to FERC opposition

Special thanks to Montgomery Township for posting resolution #18-5-112 opposing CP17-101 to FERC on 5/8/2018.  

Includes Memorandum from Montgomery Township Mayor

MT-Mayor_Conforti_Memo

Montgomery Resolution #18-5-112 

MT-Montgomery_res-18-5-112

Map of area where proposed compressor CS206 is relative to Montgomery Township.

MT-map with cs206

FERC acknowledges adverse impact to Princeton Area, but refuses to perform environmental impact analyses.  Instead the Draft Environmental Impact Statement (DEIS) issued by FERC on 3/24/2018 states reasons why FERC doesn’t believe assessing the toxic chemical emissions and high heat/ high discharge of the 50-foot smokestacks.  The DEIS acknowledges real threats, but doesn’t bother to analyze impact or mitigation possibilities – core components of a legitimate DEIS.  The DEIS only underscores that CP17-101 is a Public Threat to New Jersey and not a public convenience.

Montgomery Township and Franklin Township have both sent strong rebukes of the none-material DEIS.  We need more municipalities standing up to this sham to protect the residents of New Jersey.

 

10 days left to comment on NESE DEIS – Ends May 14, 2018

Excellent note from EELC today.  Excellent results from Princeton University team efforts, I love seeing the motions to intervene and comments cascading in my inbox.  Great news that Montgomery Township passed RESOLUTION #18-5-112 opposing CP17-101.  Now we need them to post it to FERC.

There are only 10 days including today.  Several communities have stated they will try to get comments in from their communities.  If anyone has questions or wants clarifications, send it out to the team (stopftcompressor [at] yahoo [dot] com) and you will receive a response.  Surfrider has great comment suggestions and our team has provided a few.  If you have not submitted comments and you are on this distribution list, please make those comments now.

Good attributes for comments:

  1. I oppose this project, I am a registered intervenor.
  2. How it directly impacts you – this will impact people in many different ways even people not in PA/NJ/NYC and that is completely legitimate.
  3. Highlight areas where FERC decided not to assess impact or completely missed.
  4. Identify areas where FERC acknowledges impact as rational that this is currently a Public Threat (not a public convenience) until FERC assesses and mitigates impacts.
  5. Reject the notion that this DEIS statement reflects an actual draft environmental impact statement.  It doesn’t.

Please also email NJDEP and ask why your elected officials have not sent comments after the DEIS.  This is also their critical time to take a stand to protect New Jersey.

10 days,
please make your voice count against
this imminent threat to our area.

NESE proposed Compressor Station 206 Chemical Emissions

NESE PROPOSED COMPRESSOR STATION 206:

Chemical Emissions & FERC’s Claim That There’s No Need To Do A Health Impact Assessment In The Area

Update of Concerns & Issues

after FERC published the Draft Environmental Impact Statement (DEIS) on March 23, 2018

FERC’s claims and conclusions in the DEIS:

  • Construction and operation of the Project would not have a significant impact on air quality and a health impact assessment for a facility of this size and limited impact is not warranted.  (DEIS – page E-7)
  • Full-capacity upper-bound (i.e., the station’s potential to emit) emissions from Compressor Station 206 would be less than the NAAQS, which were established to protect human health (including sensitive subpopulations such as children or those with chronic illnesses) and public welfare  (DEIS, page 4-292)
  • There are no national air quality standards for HAPs, but their emissions are limited through permit thresholds and technology standards.  New Jersey maintains regulations limiting emissions of HAPs. (DEIS, page ES-6)
  • The emissions from Compressor Station 206 would comply with the NAAQS, which were established to protect human health (including children, the elderly, and those with chronic illnesses) and public welfare.  Compressor Station 206 would be a minor source of air emissions under federal programs and would comply with applicable federal and state regulations intended to protect air quality. (DEIS, page 4-222)
  • Transco performed an ambient air quality modeling analysis to determine local impacts from Compressor Station 206 using the EPA’s AERMOD dispersion model (Version 16216) in screening mode, which indicated that the maximum modeling concentrations of criteria pollutants would not contribute to an exceedance of the NAAQS. (DEIS, page ES-7)   

However:

  • FERC has not published their final controls and mitigation “recommendations”.
  • Federal and New Jersey state agencies have recognized airborne chemical emissions as highly toxic to human health and causing a variety of immediate and chronic health conditions for the following that Williams/Transco already reported would be emitted from Compressor Station 206 if it is built: Formaldehyde, Ammonia, Acrolein, Acetaldehyde, Ethylbenzene, Benzene, Toluene, Propylene Oxide & Xylenes.
  • Estimated caustic chemical emissions from Compressor Station 206, in pounds per year (lbs/yr), were reported by Williams/Transco to be:
    Formaldehyde= 660lbs/yr; Ammonia = 29,580lbs/yr; Acrolein = 6lbs/yr;
    Acetaldehyde = 44lbs/yr; Ethylbenzene = 34lbs/yr; Benzene = 14lbs/yr; Toluene = 142lbs/yr; Propylene Oxide = 32lbs/yr; Xylenes = 70lbs/yr.
  • The chemicals, listed above, are not measured or regulated under the National Ambient Air Quality Standards (NAAQS) which only provide standards for seven (7) “criteria pollutants”:    ground-level ozone, carbon monoxide (CO), nitrogen dioxode (NOx), sulfur dioxide (SO2), fine particulate matter (inhalable particulate matter with an aerodynamic diameter less than or equal to 10 microns [PM10] and less than or equal to 2.5 microns [PM2.5]), and airborne lead (Pb).  

NOTE:  Ozone is not directly emitted into the atmosphere from an emissions source; it develops as a result of a chemical reaction between NOx and VOC in the presence of sunlight.  Therefore, NOx and VOCs are often referred to as ozone precursors and are regulated to control the potential for ozone formation. VOCs are defined as any compound of carbon which participates in atmospheric photochemical reactions; however, VOCs do not include CO and CO2, nor methane and ethane (among other organic compounds), which have been determined to have negligible photochemical reactivity (40 CFR Part 51.100(s)(1)).  VOCs associated with transmission-quality natural gas are limited to butane, propane, pentane, and hexane. (DEIS, page 4-277)

  • Airborne emissions from Compressor Station 206 have been identified from Williams/Transco, in their Application (Resource Report 9) as estimated to be the following in tons per year (tpy) –

CO = 56.86tpy NOx = 22.74tpy VOC = 8.35tpy; PM10 = 18.94tpy

PM2.5 = 18.94tpy SO2 = 3.07tpy GHG (natural gas) = 132,720tpy

  • Just because the reported emissions are ESTIMATED to be below the NAAQS does not mean that the emissions during blowdown or at other times would not be so high as to actually cause harm.  
  • Measurements of  these seven criteria pollutants are taken at Air Quality Monitoring Stations in Elizabeth (for carbon monoxide & sulfur dioxide) , East Brunswick (for nitrogen dioxide & ozone), North Brunswick (for particulate matter 2.5) and in Philadelphia (for particulate matter 10).  Source: Draft Air Quality Technical Report (December 2017) by Environmental Resources Management, page 6 (published on FERC docket on 12/22/17 in Accession No. 20171222-4003)
  • There was no on-site measurement of air quality that took into account the potential compounded effects of two industrial sites next to each other:  Trap Rock Quarry & the proposed Compressor Station206.
  • In the Application from Williams/Transco for NESE, they report an expectation, based on modeling,  that PM2.5 emissions for Compressor Station 206 and background air would approach the minimally “acceptable” thresholds:

Annual: 10.1 microgram/m3 (EPA-NAAQS threshold:  12 microgram/m3 )

24-hour 32.1 microgram/m3 (EPA-NAAQS threshold:  35 microgram/m3 )

  • The emitted toxins for the natural gas-fired compressor station have been known to have synergistic effects, and this was not considered by FERC in their DEIS.
  • There are current studies that report health impacts from emissions around natural gas compressor stations.  (see references below)

SOME STUDIES OF HEALTH HAZARDS OF EMISSIONS FROM NATURAL GAS-FIRED COMPRESSOR STATIONS

Bowe, B., Xie, Y., Li, T., Yan, Y., Xian, H. & Al-Aly, Z.  (2017, September 21). Particulate matter air pollution and the risk of incident CKD and progression to ESRD.  Journal of American Society of Nephrology, 29: 218-230. Retrieved from http://jasn.asnjournals.org/content/29/1/218.full.pdf+html

Compendium of scientific, medical, and media findings demonstrating risks and harms of  fracking (unconventional gas and oil extraction) (5th ed.)  (2018, March). Concerned Health Professionals of New York & Physicians for Social Responsibility.  Retrieved from http://concernedhealthny.org/compendium/

Kloczko, N.  (2015, November).  A brief review of compressor stations.   Southwest Pennsylvania Environmental Health Project.  Retrieved from http://www.environmentalhealthproject.org/files/A%20Brief%20Review%20of%20Compressor%20Stations%2011.2015.pdf

NY Compressor Station Report.  Retrieved from http://www.environmentalhealthproject-ny.org/

Russo, P.N. & Carpenter, D.O. (2017, October 12).  Health effects associated with stack chemical emissions from NYS natural gas compressor stations: 2008-2014.  Institute for Health and the Environment – A Pan American Health Organization / World Health Organization Collaborating Centre in Environmental Health, University at Albany.  

Retrieved from https://www.albany.edu/about/assets/Complete_report.pdf

Summary of Minisink Monitoring Results.  

Retrieved from http://www.environmentalhealthproject.org/resources/10/click/5

Summary on compressor stations and health impacts.  (2015, February 24). Southwestern Environmental Health Project.  Retrieved from http://www.environmentalhealthproject.org/files/Summary%20Compressor-station-emissions-and-health-impacts-02.24.2015.pdf

The hazards of a compressor station:  A town wakes up to the realities of corporate deception.  (2015,

November).   Retrieved from http://350ma-berkshires.org/the-hazards-of-a-compressor-station-a-town-wakes-up-to-the-realities-of-corporate-deception/

 

RISKS OF CHEMICALS THAT WILL BE EMITTED FROM THE PROPOSED COMPRESSOR STATION 206

AMMONIA

CS206 emission 29,580 lbs per year

  • Suspected liver, gastrointestinal, reproductive, respiratory, skin, and neurotoxicant (EDF Goodguide)
  • Exposure from inhalation may cause bronchiolitis obliterans; symptoms include cough, wheezing, obstructive/restrictive defect, chronic shortness of breath and difficulty breathing from low activity, increased inflation of lungs (HAZMAP)
  • Exposure through inhalation may cause toxic pneumonitis (acute inflammation of lungs); symptoms include burning, chest tightness, conjunctivitis, cough, dark or bluish color of skin due to oxygen deficient blood, shortness of breath and difficulty breathing from low activity, crackling when listening to breathing with stethoscope, excessive tearing of eyes, sore throat, pulmonary edema (increased fluid in lung tissues), runny nose, wheezing (HAZMAP)
  • Exposure through inhalation may cause chronic bronchitis; symptoms include coughing up phlegm, wheezing (HAZMAP)
  • TOXIC; may be fatal if inhaled, ingested or absorbed through skin; vapors are extremely irritating and corrosive (NOAA)
  • High exposure can cause a build-up of fluid in the lungs (pulmonary edema) (NJ Fsheet)
  • Strong irritant to eyes, skin, respiratory tract (HSDB)
  • Exposure to high levels of ammonia in air may be irritating to skin, eyes, throat, and lungs and cause coughing and burns; lung damage and death may occur after exposure to very high concentrations of ammonia; some people with asthma may be more sensitive to breathing ammonia than others (ASTDR)
  • Populations at increased risk include asthmatics, those hyper reactive to other respiratory irritants, and those with glaucoma, corneal disease, and chronic respiratory disease (HSDB)
  • Agency exposure limits:
    • CDC Acute Inhalation Risk Level at 1.7 Parts Per Million (PPM)
    • OSHA: 50ppm over 8 hour work shift
    • NIOSH: 25ppm over 10 hour work shift (NJ Fsheet)
FORMALDEHYDE

CS206 emission 660 lbs per year

  • Known carcinogen (HAZMAP)
  • Suspected gastrointestinal/liver, immune system, neuro, reproductive, respiratory, and skin/sense organ toxicant (EDF Goodguide)
  • Adverse effects from exposure include asthma and toxic pneumonitis (inflammation of the lungs) (HAZMAP)
  • High exposure through inhalation can cause a buildup of fluids in the lungs (NJ Fsheet)
  • Repeated exposure may cause bronchitis and an asthma like allergy (NJ Fsheet) 
  • Limited evidence that exposure may damage developing fetus and affect female fertility (NJ Fsheet)
  • Eye, skin, and respiratory tract irritant (HSDB)
  • People with asthma may be particularly sensitive to exposure (HSDB)
  • Exposure through inhalation can cause burning sensation, cough, headache, nausea, and shortness of breath (NIOSH)
  • Agency exposure limits:
    • CDC Acute Inhalation Risk Level at .04 parts per million (PPM)
    • OSHA: 0.75ppm averaged over 8 hour work shift
    • NIOSH: 0.016ppm averaged over 10 hour work shift (NJ Fsheet)

 

RISKS OF CHEMICALS THAT WILL BE EMITTED FROM THE PROPOSED COMPRESSOR STATION 206

 

BENZENE

CS206 emission
14 lbs per year

  • Listed as a known carcinogen (HAZMAP)
  • Listed as a recognized carcinogen and developmental and reproductive toxicants (EDF Goodguide)
  • Listed as a cause of anemia (decrease in number of red blood cells) (HAZMAP)
  • Listed as a neurotoxin (cause of central nervous system solvent syndrome) (HAZMAP)
  • Listed as a reproductive toxin (HAZMAP) 
  • Listed as a suspected cardiovascular/blood, endocrine, gastrointestinal/liver, immune system, neuro-, respiratory, skin/sense organ toxicant (EDF Goodguide)
  • The major effect of benzene from long-term exposure is on the blood; causes harmful effects on the bone marrow and can cause a decrease in red blood cells leading to anemia; can also cause excessive bleeding and can affect the immune system, increasing the chance for infection (ASTDR)
  • Occupational diseases associated with exposure include: leukemia and aplastic anemia (symptoms include fever, bleeding into the skin, mouth, nose, and gastrointestinal tract caused by the low platelet count of aplastic anemia and the damage to capillaries caused by viral hemorrhagic fevers, decreased white blood cell count, tiny circumscribed foci of extravagated blood in the skin); large areas of confluent petechiae are called purpura, ecchymoses, or bruises (HAZMAP)
  • Acute exposure to high concentrations of benzene in air results in neurological toxicity (headache, dizziness, drowsiness, confusion, tremors, and loss of consciousness) (HSDB)
  • Agency exposure limits:
    • CDC Acute Inhalation Risk Level at .009 Parts Per Million (PPM)
    • OSHA: 1ppm averaged over 8 hour work shift
    • NIOSH: 0.1ppm averaged over 10 hour work shift (NJ Fsheet)
ETHYLBENZENE


CS206 emission
34 lbs per year

  • Possible human carcinogen (ASTDR)
  • Listed as a suspected blood/cardiovascular, developmental, endocrine, gastrointestinal/liver, kidney, neuro, reproductive, respiratory, and skin/sense organ toxicant (EDF Goodguide)
  • Limited evidence that ethylbenzene may damage the developing fetus (NJ Fsheet)
  • Exposure to relatively low concentrations of ethylbenzene in air for several months to years causes kidney damage in animals (ASTDR)
  • High exposure can cause symptoms similar to chronic solvent encephalopathy, a syndrome with a variety of central nervous effects (HAZMAP)
  • Exposure may cause acute toxic effects such as difficulty concentrating, confusion, dizziness, fatigue, irritability, lethargy, impaired speech (HAZMAP)
  • Most severe irritant of benzene series (HSDB)
  • Exposure to high levels of ethylbenzene in air for short periods can cause eye and throat irritation; exposure to higher levels can result in dizziness (ASTDR)
  • Irreversible damage to the inner ear and hearing has been observed in animals exposed to relatively low concentrations of ethylbenzene for several days to weeks (ASTDR)
  • Inhalation may cause irritation of nose, dizziness, depression (NOAA)
  • Agency exposure limits
    • CDC Acute Inhalation Risk Level at 5 Parts Per Million (PPM)
    • OSHA: 100ppm averaged over 8 hour work shift
    • NIOSH: 100ppm averaged over 10 hour work shift (NJ Fsheet)

 

RISKS OF CHEMICALS THAT WILL BE EMITTED FROM THE PROPOSED COMPRESSOR STATION 206

 

ACETALDEHYDE

CS206 emission

44 lbs per year

  • Listed as a possible human carcinogen (HSDB)
  • Suspected developmental, immune system, kidney, neuro, respiratory, skin/sense organ toxicant (EDF Goodguide)
  • Acetaldehyde may cause birth defects in humans since it causes them in animals (NJ Fsheet)
  • Exposure can cause toxic pneumonitis (inflammation of the lungs) (HAZMAP)
  • Eye irritant at 50ppm for 15 min.; respiratory tract irritant at 134ppm for 30 min.; nose and throat irritant at 200ppm for 15 min. (HSDB)
  • Breathing vapors will be irritating and may cause nausea, vomiting, headache, and unconsciousness (NOAA)
  • Exposure to high concentrations can cause headache, dizziness, headache, light-headedness, and passing out (NJ Fsheet)
  • Higher exposures may cause a buildup of fluid in the lungs (NJ Fsheet)
  • Repeated exposure may bronchitis to develop with coughing, phlegm, and shortness of breath (NJ Fsheet)
  • Agency exposure limits:
    • CDC Acute Inhalation Risk Level – A harmful contamination of the air can be reached very quickly on evaporation of this substance at 20°C.
    • OSHA: 200ppm over 8 hour work shift
    • NIOSH: limit to lowest feasible concentration (NJ Fsheet)
NAPHTHALENE

CS206 emission

2 lbs per year

  • Listed as a possible carcinogen (HSDB)
  • Suspected cardiovascular/blood, developmental, gastrointestinal/liver, neuro, respiratory, skin/sense organ toxicant (EDF Goodguide)
  • Limited evidence that exposure may damage developing fetus (NJ Fsheet)
  • May damage red blood cells causing anemia (low blood count) (NJ Fsheet)
  • Exposure to large amounts may damage red blood cells or cause hemolytic anemiadestroy (destroys red blood cells resulting in too few red blood cells until body replaces them; symptoms include fatigue, lack of appetite, restlessness, and pale skin) (ASTDR)
  • Exposure may cause methemoglobinemia (blood disorder in which an abnormal amount of methemoglobin [form of hemoglobin–the molecule in red blood cells that distributes oxygen to the body] is produced, preventing oxygen from being effectively released to tissues in the body) (HAZMAP)
  • Naphthalene is an ocular irritant that has caused cataracts in exposed workers (HAZMAP)
  • Acute toxic effects from exposure include abdominal pain, confusion, cough, fatigue, wheezing, weakness, buildup of fluid in the lungs, nausea, and more (HAZMAP)
  • Effects from exposure through inhalation include headache, weakness, nausea, vomiting, sweating, confusion, jaundice, and dark urine (NIOSH)
  • People with blood, kidney, or liver diseases may be at a heightened risk (HSDB)
  • Agency exposure limits:
    • CDC Chronic Inhalation Risk Level at .0007 Parts Per Million (PPM)
    • OSHA: 10ppm averaged over 8 hour work shift
    • NIOSH: 10ppm averaged over 10 hour work shift (NJ Fsheet)

RISKS OF CHEMICALS THAT WILL BE EMITTED FROM THE PROPOSED COMPRESSOR STATION 206

 

TOLUENE

CS206 emission

142 lbs per year

    • Listed as a recognized developmental toxicant (EDF goodguide)
    • Listed as a suspected cardiovascular/blood, gastrointestinal/liver, immune system, kidney, neuro-, reproductive, respiratory, and skin/sense organ toxicant (EDF goodguide)
    • Inhaling high levels of toluene in a short time can make you feel light-headed, dizzy, or sleepy; can also cause unconsciousness, and even death (ASTDR)
    • High levels of toluene may affect your kidneys (ASTDR)
    • Toluene may cause birth defects in humans as it has been shown to cause them in animals (NJ Fsheet)
    • Toluene may damage developing fetus (NJ Fsheet)
    • High exposure can cause symptoms similar to chronic solvent encephalopathy (a syndrome with a variety of central nervous effects) (HAZMAP)
    • Exposure may cause acute toxic effects such as difficulty concentrating, confusion, dizziness, fatigue, irritability, lethargy, impaired speech (HAZMAP)
    • Toluene may affect the nervous system; low-to-moderate levels can cause tiredness, confusion, weakness, drunken-type actions, memory loss, nausea, loss of appetite, and hearing and color vision loss; these symptoms usually disappear when exposure is stopped (ASTDR)
    • Vapors irritate eyes and upper respiratory tract; cause dizziness, headache, anesthesia, respiratory arrest (NOAA)
    • Inhaling can irritate the nose and throat causing coughing and wheezing (NJ Fsheet)
    • People with central nervous system or liver diseases may be especially sensitive (HSDB)
    • Agency exposure limits:
  • CDC Acute Inhalation Risk Level at 4 Parts Per Million (PPM)
    • OSHA: 200ppm averaged over 8 hour work shift
    • NIOSH: 300ppm averaged over 10 shift (NJ Fsheet)
XYLENE

CS206 emission

70 lbs per year

  • Temporary memory loss, confusion, and laboratory evidence of liver injury have been reported in workers overexposed to xylene (HAZMAP)
  • Listed as a suspected cardiovascular, developmental, liver, immune system, kidney, respiratory, skin, reproductive, and immune system  toxin (EDF Goodguide)
  • Listed as a neurotoxin (EDF Goodguide)
  • People who breathe high levels may have dizziness, confusion, and a change in their sense of balance (ASTDR)
  • Exposure to high levels for short periods can also cause irritation of the skin, eyes, nose, and throat; difficulty in breathing; problems with the lungs; delayed reaction time; memory difficulties; stomach discomfort; and possibly changes in the liver and kidneys (ASTDR)
  • Inhalation can irritate the nose and throat causing coughing and wheezing (NJ Fsheet)
  • Exposure can cause headache, nausea and vomiting, dizziness, light-headedness and passing out (NJ Fsheet)
  • Repeated exposure can affect concentration, memory, vision, and muscle coordination (NJ Fsheet)
  • CDC Acute Inhalation Risk Level at 4 Parts Per Million (PPM)

 

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