2018-01-03 FERC provides Notice of Schedule for Environmental Review of the Northeast Supply Enhancement Project (CP17-101)

FERC has posted the Notice of Schedule for DEIS, FEIS and Authorization Deadline.

  • DEIS – March 2018
  • FEIS – September 17, 2018
  • FERC Authorization Decision – December 16, 2018

 

FERC update: https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=14789824

FERC notes that “This schedule is predicated on Transco demonstrating a feasible and timely method for addressing general conformity, such that the final General Conformity Determination can be issued with the final EIS.  If a schedule change becomes necessary for the final EIS, an additional notice will be provided so that the relevant agencies are kept informed of the Project’s progress.”

What this update means

  • FERC has decided to move forward with a schedule. FERC also has incorporated some ‘buffer’ time prior to the issuance of the DEIS.
  • It appears that FERC will continue to monitor Transco’s General Conformity updates.
  • This also opens up the door for more input from legislators, Nongovernmental organizations and impacted residents prior to the DEIS issuance. Especially regarding the General Conformity.  It also means that more comments to FERC pushing for filling in the gaps that we have identified can potentially influence FERC to seek more data and analysis.

What can you do?

If you do oppose this project and recognize the dangers it poses to your family, neighborhood and environment; then now is an impacting time to raise your voice to FERC, NJDEP, EPA and elected officials.

  • Tweet to your elected officials and FERC to let them know this is not acceptable.
  • Send comments to FERC (as a registered intervenor – include the text “I am a registered intervenor for docket CP17-101”). Sample below.
  • Spread the word to get more people involved.

The more people and elected officials that get involved, the more likely FERC will listen and follow our raised issues.  Additionally, the recent 12/29/2017 data dump has many flaws in the data and inconsistent with the summary data.

12/29/2017 Transco provides data dump update to FERC regarding Raritan Bay construction emissions

December 29, Transco posted two files to FERC in the link below.  If FERC is down, we can provide you the files.  Just let us know.

https://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20171229-5010

In this update, there are two files:
1. Transco_NESE_Supplemental_Information_2017-1228.PDF
2. Appendix_D_MOVES2014a_Output_Files.PDF -Raw Data Dump

Transco did not follow FERC’s instructions to break it out into Year 1 and Year 2.  Instead Transco displayed all the construction as if it were to occur in 2 months (January and July) during 2018.  Obviously, since the DEIS is not issued yet, these dates do not reflect any real timeline.

Transco often provides data that does not meet the requirements from FERC.  The key question is, will enough public and elected officials ‘tell’ FERC to not accept this inferior data?  Without public and elected officials comments, FERC will move ahead and accept this data.

How can you ‘tell’ FERC this is not acceptable?  There are 2 ways.
1.  On Twitter.com – Tweeting to @CoryBooker @SenBooker @SenatorBobSmith @NJDEP @EPA asking their support to tell @FERC @FERChatterjee @CLaFleurFERC @FERCRPowelson that the Construction emissions data from Transco for CP17-101 is insufficient and does not follow the requirements from FERC and requires FERC to ensure data is fully met prior to issuing the DEIS (Draft Environmental Impact Statement).   People can also tweet about the other gaps that we have identified that are not included in preparation for the DEIS.

2. Comment to FERC as a registered intervenor updating FERC the construction emissions data does not meet FERC’s requirements and that FERC must ensure data is fully provided as a mandatory requirement prior to the DEIS.  Additionally outlining the gaps in data and analysis not performed to fully analyze environmental impact of the proposed project.  Note: if you need email addresses for elected officials, EPA and NJDEP to forward your FERC comment, please email us at stopftcompressor (at) yahoo (dot) com.

On www.scrap-nese.org there are instructions how to register as an intervenor and how to submit a comment.  Please bare with our website, we are working to update and improve it to keep it inline with the progress.  As a small group, the Steering Committee is still new to website editing.

Any questions, please feel free to email us at stopftcompressor (at) yahoo (dot) com.

 

 

12/22/2017 FERC Update – Notes from meeting with Transco, EPA and NJDEP

FERC issued an update regarding meeting with Transco along with Agencies EPA and NJDEP.

Click here to read the 12/22/2017 FERC Meeting note with Transco, EPA & NJDEP

Despite the Transco update, included below the meeting notes, does not address all of the stated FERC requirements, FERC has decided it will move forward with issuing the schedule soon for the DEIS.  FERC decided to decouple the General Conformity requirement from issuance of the DEIS.

What this means is that FERC does not want to bother waiting for details and specifications of the construction emissions in order to provide a more accurate environmental impact statement.  FERC is choosing to wing the DEIS instead of demanding more details from Transco.

Missing data for proposed Compressor 206

  • Emission details missing for meeting General Conformity requirements
  • No emissions data for added compressor at STA200
  • No analysis on CS206 Exhaust volume  & heat output for each 50′ smokestack
  • No evaluation of heat recovery system to reduce heat output
  • No validation of chemical emissions from CS206
  • No Health Impact analysis from chemical emissions
  • No 25 year chemical emission contamination projection and analysis for future reservoir site adjacent to proposed CS206

Included in Transco March 27 Application to FERC are the estimates that the proposed compressor will emit 29,580 lbs of Ammonia,  320 lbs of HCHO3, 44 lbs of Acetaldehyde, 6 lbs of Acrolein, 14 lbs of Benzene,  34 lbs of Ethylbenzene, 32 lbs of Propylene Oxide, 142 lbs of Toluene and 70 lbs of  Xylenes per year continually on a year over year basis.

These toxic chemicals have known impact on environment and human health.  Additionally, these are estimates from Transco with no independent validation from existing Transco Compressor stations that already have MARS 100 compressors such as STA 515, STA517 and STA520 (in PA).

What can you do today?  Send a note to EPA, NJDEP and FERC to let them know it is unacceptable to proceed with an environmental impact statement without the details and analysis to perform an accurate environmental impact statement.  Without this data and analysis, DEIS is not legitimate.  Need more information?  Contact stopftcompressor(at)yahoo(dot)com.

Our latest FERC Sample Submissions
– Compressor missing details
– Raritan Bay Missing details and analysis

 

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.