WV DEP Proposes Changes in Pipeline Stream Crossing Permit
West Virginia has just published a draft revision for terms and conditions under which the state will issue a “Section 401” water permit for federally approved pipeline projects. Under the federal Clean Water Act (CWA), the federal government delegates some of the responsibility in approving a pipeline project to the individual states. It’s a small but important part of the regulatory pie. Under Section 401 of the CWA, states get one year to review a pipeline project–to evaluate where that project will cross streams and rivers. If the state doesn’t like something about the plan, they tell the pipeline company and the plan gets revised. That’s how it’s supposed to work. Instead, some states (like New York) are abusing Section 401 and simply refusing to issue the permit, effectively killing entire pipeline projects. That’s not the intent of the regulation, something Congress is now looking to fix. We can’t have tinhorn dictators like Andrew Cuomo telling other states (like Pennsylvania) that you can no longer build pipelines into or through a neighboring state. That’s why approval of interstate pipeline projects resides at the federal level and not the state level–to prevent one state holding another hostage. WV has had some issues of their own with respect to Section 401 approvals (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). Perhaps because of previous problems, like the issue with MVP, the WV Dept. of Environmental Protection has just floated proposed changes to the criteria they use in awarding a Section 401 permit…
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Pennsylvania Gov. Tom Wolf’s Administration has been fiddling with proposed regulations to cut down on so-called fugitive methane emissions from drilling and pipelines for years. The regulations are known as General Permit 5 (GP-5) and General Permit 5A (GP-5A). GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. In June, the PA Dept. of Environmental Protection (DEP), author of the revised regs, published its final final final final version of the regs (see
Just yesterday we posted an article observing that today, Friday, is Federal Energy Regulatory Commission (FERC) member Rob Powelson’s last day on the job (see
Yesterday the Federal Energy Regulatory Commission (FERC) granted a “certificate of public convenience and necessity” (i.e. official approval) for Rover Pipeline to spend $4.7 million to build a new meter station along Rover’s Burgettstown Lateral. The new meter station, to be located in Jefferson County, OH, will connect a pipeline gathering system built and maintained by Utica Gas Services LLC, connecting the gathering system to Rover. The new connection will flow 350 million cubic feet per day of Utica Shale gas into the Rover pipeline system. But here’s the thing: FERC has not yet given Rover permission to begin flowing gas along the Burgettstown Lateral. FERC is playing hardball, withholding permission for Burgettstown and three other laterals until Rover (i.e. Energy Transfer) gets restoration work done along certain portions of the project (see
Two days ago MDN told you that New York’s tinhorn dictator, Andrew Cuomo, pulled the rug out from under a fully-permitted and permissioned Marcellus-fired electric plant by directing his corrupt Dept. of Environmental Conservation (DEC) to withhold renewing an air permit previously granted (see
Our opinion of FERC Commissioner Rob Powelson has gone down over the past month or so (see
Finally, a New York pipeline story with a happy ending. On Feb. 3, 2017, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see
In a pattern that has become obvious, and disturbing, the radicalized Sierra Club has once again prevailed in shutting down work on a second mammoth pipeline project–Dominion’s Atlantic Coast Pipeline (ACP)–by concentrating their legal arguments at one small, specific point of the project. This happened with Mountain Valley Pipeline (MVP). As we reported yesterday, the Federal Energy Regulatory Commission (FERC) told MVP to stop work on the entire project, at least for now (see
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The radical Sierra Club can claim a new temporary victory in its war to stop a major natural gas pipeline. We previously told you the Clubbers, who use money from donors to weaponize our own court system against us, convinced the U.S. Court of Appeals for the Fourth Circuit to overturn permits issued by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) that allows EQT Midstream’s 303-mile Mountain Valley Pipeline to cross 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see 
The Pennsylvania Public Utility Commission (PUC) yesterday voted 3-2 to allow construction to resume on the Mariner East 2 and 2x pipelines in West Whiteland Township, Chester County (near Philadelphia), ending a weeks-long stoppage specific only to that area. The shutdown began in May after a PUC administrative law judge’s highly questionable ruling, which affected ME1, ME2 and ME2x (see
The Federal Energy Regulatory Commission (FERC) continues to play hardball with Energy Transfer over the Rover Pipeline. FERC refuses to allow four Rover laterals–feeder pipelines to shuttle gas from where it’s produced into the main Rover pipeline–to start up (see
Once upon a time, before far-out liberal governors like NY’s Andrew Cuomo weaponized the federal Clean Water Act (CWA), states would use their federally-delegated authority under the CWA (Section 401) to provide feedback and get changes/tweaks to interstate pipelines passing through their respective states. Then Cuomo (now others) started bending the intent of their delegated authority under the CWA and began abusing it to block federal policy by blocking approved pipelines that benefit the citizens of many states. That’s why the Federal Energy Regulatory Commission (FERC) was created–to review and authorize energy projects, like pipelines, that pass through multiple states. If not for FERC, no pipelines (or electric transmission lines) would ever get built across state lines because one state will selfishly block such projects–“What’s in it for us?” Andrew Cuomo has stated publicly that he has and will continue to block interstate pipeline projects and new gas-fired electric plants (see