Tag: NJDEP

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

 

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