ASWM State/Tribal/Federal Coordination Meeting March 24-26, 2015

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1 Pennsylvania s 401 Certification Program for FERC for Pipeline Projects ASWM State/Tribal/Federal Coordination Meeting March 24-26, 2015 Ken Murin Pennsylvania Department of Environmental Protection Bureau of Waterways Engineering and Wetlands

2 Types of Natural Gas Pipelines Gathering collect natural gas from well Transmission interstate and intrastate transportation of natural gas Distribution conveys natural gas to end users (homes and businesses)

3 Pipelines and Marcellus Shale Field

4 Natural Gas Act Transportation and sale of natural gas or liquefied natural gas (LNG) as interstate commerce Federal Energy Regulatory Commission (FERC) Certificate of public convenience and necessity National Environmental Policy Act (NEPA) project alternatives Potential cumulative impacts Socio-economic impacts

5 Preemption of state and local laws State s rights not preempted under: Clean Water Act 401 WQC Coastal Zone Management Act Intervene to challenge Natural Gas Act

6 Several step process Pre-filing Post filing Required FERC notices: FERC Process Receipt of application Schedule for environmental review Availability of EA or EIS Notices published in FR and mailed to states

7 FERC Pre-Filing Process Before application is submitted FERC must authorize use Prospective applicant submissions: Federal authorizations State authorizations Advance public scoping process Submission of draft resource report

8 FERC Pre-Filing Process Importance of the Pre-Filing Process: Opportunity to influence route Opportunity for input on scope of environmental review Early opportunity to inform applicant and FERC of state/tribal requirements for meeting water quality goals and standards

9 FERC Decision Major Federal action Environmental Assessment (EA) Finding of No Significant Impact Environmental Impact Statement (EIS) Required for new pipeline rights-of-way Draft EIS published for public comment

10 CWA Section 401 Certification Applicant for Federal license or permit of a project must obtain certification from a state/tribe that the activity will comply with water quality standards Potential discharges Federal license or permit of the project must include conditions required by state/tribe in its Section 401 water quality certification (WQC)

11 CWA Section 401 Certification Section 401 WQC Issuance: One year from date of request Options Grant Grant with conditions PA state permits to be obtained prior to construction or discharge Deny Waive

12 Scope of Section 401 WQC For FERC authorization, natural gas pipeline project as a whole All PA state law requirements necessary to achieve state water quality standards Includes those associated with Corps Section 404 permit for the discharge of dredged or fill materials

13 CWA Section 404 Permits U.S. Army Corps of Engineers authorized to issue permits for the discharge of dredged and fill material into waters of the U.S. Pennsylvania Statewide Programmatic General Permit currently PASPGP4 Relationship to Chapter 105 water obstructions and encroachment permit Relationship to Section 401 WQC

14 Energy Policy Act of 2005 CWA exemption for certain oil and gas exploration, production, treatment and transmission facilities Discharges from earth disturbance associated with these activities typically do not trigger NPDES Section 402 Stormwater Construction Permit Oil and Gas related earth disturbance activities still regulated under state law: Chapter 102 & ESCGP-2 CWA Section 401 ESCGP-2 not preempted for FERC/NGA projects

15 CWA Section PA Requirements 401 WQC conditions for FERC pipeline projects: 25 Pa Code Chapter 102 permits (ESCGP-2) Earth disturbance and stormwater management 25 Pa Code Chapter 105 permits Water obstruction and encroachment permits; includes wetlands CWA Section 404 coordination Permit for discharges from hydrostatic testing Any other permitted discharge required for the specific project

16 CWA Section PA Conditions Discharges regulated under state law to meet state water quality standards: Sediment discharges from earth disturbance Post construction storm water discharges Discharges from hydrostatic testing of pipelines Permanent and temporary impacts to Commonwealth waters including wetlands; May be other potential discharges depending on specific project

17 CWA Section 401 WQC Appeal of DEP Actions on FERC Pipeline Projects: PADEP requires appeals be filed with the Commonwealth's Environmental Hearing Board (EHB) within 30 days of notice PADEP may also need to defend appeals in Federal court

18 Important to Remember CWA Section 401 WQC: Required for entire FERC licensed project, not simply the Corps Section 404 Permit Authority under state law to ensure PA state water quality standards are met Compliance with state environmental programs Compliance with delegated federal programs

19 Ken Murin