Jefferson County Foundation has submitted multiple complaints to the West Virginia DEP asking that Mountaineer Gas be required to obtain a valid stormwater construction permit and follow appropriate stormwater controls for its Arden gas line (gas line to Rockwool). Our hard work and diligence has finally paid off. This week, Mountaineer Gas finally applied for a permit to cover this work after a notice of violation pursuant to a Foundation complaint. Mountaineer Gas is still not complying with several regulations and we continue to urge the DEP to require they stop work until they do so. We’re currently awaiting the DEP’s most recent inspection report.
Why do we push so hard for stormwater protections? Stormwater protections are important for protecting the water resources from contamination with construction pollutants (sediment, nutrients, bacteria, petroleum products, debris, and other pollutants).
There was a natural gas explosion on Salvation Road in Berkeley County on Monday, September 21 sending pressurized gas up to 100 feet in the air—only feet from a residence—which caused all homes and businesses in a 330-foot radius from the blast to be evacuated. The company putting in the gas line to Rockwool, Mountaineer Gas Company, is constructing without any permits on record.
MGC working without a permit
For the last eight months, Jefferson County Foundation, in partnership with the Eastern Panhandle Protectors, has been working to monitor Mountaineer Gas Company’s construction activity on this pipeline. The company is installing a new gas line in the same location as an old, no longer in service gas line so they can utilize the rights-of-way. Several complaints have been filed with the DEP and despite several inspections, Mountaineer Gas has repeatedly convinced the DEP that this construction project is a few segments of pipeline being replaced for safety reasons. In fact, in the inspection report from March 2020, the DEP inspector reported that Mountaineer Gas said they would seek a permit before pursuing the section of pipeline they are currently working on where the explosion was on Monday. Mountaineer Gas has not obtained this permit.
Last week, the PSC told Jefferson County Foundation that Mountaineer Gas was not building pipeline in Berkeley County. The accident is a glaring example that this is simply not true. From a search of the Department of Transportation (DOT) division Pipeline and Hazardous Material Safety Administration (PHMSA) database, it seems they have no registration for Mountaineer Gas building pipeline or distributing natural gas in Berkeley County. A FOIA of the administration for this information has as of yet not been fulfilled yet.
“This incident is an example of the careless manner in which Mountaineer Gas is installing the gas pipeline to Rockwool. We have again and again tried to get Mountaineer Gas to have the pipeline appropriately permitted, but they have refused to do so,” states Dr. Christine Wimer, president of Jefferson County Foundation. “The regulators are all too happy to oblige Mountaineer Gas’s obfuscation of the regulatory requirements. The regulators have abandoned their post of protecting the public. This cannot be tolerated.”
Tracy Cannon, president of Eastern Panhandle Protectors, said, “I was just at the site at 5:00 p.m. and could still smell the gas. I’ve been watching the pipeline construction in the Eastern Panhandle closely for two years now. I’ve often been concerned about what I saw. Mountaineer Gas Company has been installing new pipeline on Salvation Road without removing the old pipeline first. I was worried that something could go wrong, but I’m still shocked that this happened. Thankfully no one was injured.”
There’s an opportunity to help prevent a gas pipeline to Rockwool from being complete and the clock is ticking. Please consider sending in a comment asking the Federal Energy Regulatory Commission (FERC) to deny this permit. We’ve outlined talking points for you to submit comments either via the FERC eFiling site or via mail. Comments are due July 30.
What Happened
Columbia Gas Transmission, LLC, a subsidiary of TransCanada originally obtained a Certificate of Public Convenience and Necessity (CPCN) from the Federal Energy Regulatory Commission (FERC) on July 19, 2018 for an 8-inch, 3.37-mile fracked gas line from Fulton County, Pennsylvania into Morgan County, West Virginia. This line would connect an existing Columbia Gas line in burrow under the Potomac River and connect with the Mountaineer Eastern Panhandle Expansion Project pipeline in Morgan County, West Virginia. This line would eventually service the Rockwool plant in Ranson.
This shows pipe being inserted into the HDD boring site.
The blue lines on this map show the current Columbia Gas lines in the region. The red circle illustrates the area in question.
The pipeline would be installed under the Potomac River using Horizontal Directional Drilling (HDD). Compared to traditional trenching, HDD can reduce the amount of sediment generated during pipeline river crossings construction. However, the installations of the pipeline with HDD still has the potential to cause environmental damage through inadvertent releases of drilling fluids. Adverse environmental effects that can be expected from drilling fluid releases are likely to be similar to those resulting from sediment discharges. The current available literature focuses on toxicity of drilling muds and the individual components of the mud. Directional errors can also be made when drilling, and long-term studies of the pipe integrity are lacking.
The purple line on this map shows the Eastern Panhandle Expansion Project. The proposed pipeline would connect to this line, which is intended to supply gas to Rockwool.
According to 65 Maryland delegates and senators, the pipeline will affect 10 wetlands and 19 streams in addition to crossing the Potomac River, which provides drinking water to more than 6 million people east of the crossing site. In January of 2019, Maryland Board of Public Works denied Columbia Gas a right-of-way permit under the Western Maryland Rail Trail. In August 2019, a federal court upheld the denial, and Columbia Gas is appealing. Thus, the project is currently on hold.
Since this project has been put on hold, Mountaineer Gas has found an alternative to provide Rockwool with the natural gas supply that it needs. From October 2019, Mountaineer Gas was building a receiving area for natural gas at the US Silica property on RT. 522. in Berkeley Springs.
We know that Mountaineer Gas is working on obtaining property in Berkeley County to build a Compressed Natural Gas facility to inject gas into the Route 9 Extension Project pipeline piece that was constructed in 2019 in order to deliver natural gas.
This project is simply not worth the risk, especially with the new information available in the last two years.
Legal Requirements for Extension of Permit
The Commission applies a two-part test in weighing extension Requests:
Part 1: Has the applicant demonstrated good cause for extending the deadline? 61,081, at ¶ 9 (2018).
Part 2: Is the project still required by public convenience and necessity and has there been “significant new circumstances or information relevant to environmental concerns”. Id ¶ 16-17.
These Requirements Are Not Met
The applicant Columbia Gas does not demonstrate good cause for extending the deadline.
The lawsuits that resulted in the delay were foreseeable and therefore Columbia has not shown good cause for an extension.
These lawsuits may make it necessary to reroute the pipeline. Rerouting the pipeline would require a new application. Therefore, this certificate should not be extended. In fact, a new route that is more environmentally friendly should be proactively sought.
The project is no longer required by public convenience and necessity.
There is no need for the pipeline now that mountaineer Gas has found an alternative gas supply. Therefore, the need does not outweigh the risk.
There is significant new information relevant to environmental concerns.
New information about the risk and potential impacts on public health and safety posed by horizontal directional drilling under the Potomac River and C & O Canal since the original Certificate of Public Convenience and Necessity was issued. This Risk is not outweighed by the need.
The climate change impacts of burning the natural gas transported by this pipeline is now even more well understood, and this should be avoided in favor of more environmentally friendly methods.
This pipeline will support the future expansion of fracked gas extraction in Pennsylvania the environmental impacts of fracked gas are now understood to be even more negative than before and should not be facilitated by more pipeline infrastructure.
Natural gas as a commodity is under decreasing demand, therefore, it doesn’t make sense to build more infrastructure to support it.
What Can You Do?
Send FERC a comment via their e-filing system or manually via US Postal Service or any carrier:
The commission encourages electronic filings of comments, protests and interventions by using the “e File” link at www.ferc.gov. The case is Docket No. CP17-80-000. Comments are due before 5 p.m. Eastern Time on July 30, according to the notice.
In lieu of electronic filing, you may submit a paper copy (but must be at FERC by July 30).
Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
Suggested letter text you may copy, paste, personalize, and send.Please be sure to add the RE to the start of your letter.
Re: Columbia Gas Transmission, LLC, Docket No. CP17-80-000, Eastern Panhandle Expansion Project, Request for Extension of Time, Response in opposition and request for denial
Dear Federal Energy Regulatory Commission Members,
Columbia Gas Transmission LLC, has not demonstrated good cause for extending their Certificate of Public Convenience and Necessity (CPCN), new information is available about the negative environmental impacts of this project, and it no longer fulfills a public convenience or necessity. The extension should therefore be denied.
The resistance to this project and possible denial of right-of-ways with ensuing legal battles were foreseeable. Columbia Gas should not have applied for the certificate until they had all the necessary right-of-ways and approvals. These challenges may require the pipeline be rerouted necessitating a new certificate all together. Therefore Columbia Gas has not shown good cause for an extension and it should be denied.
The project is no longer required by public convenience and necessity. There is no need for the pipeline now that Mountaineer Gas has found an alternative gas supply. It is becoming increasingly obvious that fracking is bad for the environment in a multitude of ways. Fracked natural gas is in declining demand due to these concerns and other economic pressures, and further new infrastructure to support this declining commodity should not be supported. Therefore, the need does not outweigh the risk.
There is significant new information relevant to environmental concerns over both the instillation of the pipeline and the fracking industry that it supports. While hydraulic directional drilling (HDD) maybe less impactful than traditional trenching, installation of the pipeline with HDD still has the potential to cause environmental damage through inadvertent releases of drilling fluids into the river, errors in direction of drilling and issues with the installed pipe. The Potomac provides water to over 6 million people downstream of this location and feeds the Chesapeake Bay. This project would also affect 10 wetlands and 19 streams. This project is simply not worth the risk to the environment.
Please deny the request by Columbia Gas for an extension of the CPCN for the Eastern Panhandle Expansion Project, Docket No. CP17-80-000, because they have not demonstrated good cause, lack necessity and pose undue risk to a critical resource and the environment.
Jefferson County Foundation continues to stand up for the protection
of the ground and surface water resources in Jefferson County and the
surrounding region. We’ve been busy, and we won’t be slowing down. If you want
to help support our legal efforts, please consider making a fully tax
deductible donation: http://bit.ly/33yxyKc
On March 26, Jefferson County Foundation filed an Appeal of
Rockwool’s Construction Stormwater Permit Registration with the West Virginia
Environmental Quality Board (EQB). The appeal alleges that the current permit
and the original permit do not adequately protect the vulnerable water
recourses of our county or region. We also allege that the combination of
Rockwool providing inaccurate information in its original permit, DEP not
adequately reviewing the original permit, and the DEP not requiring Rockwool to
reapply any of the multiple times it should have eliminated every appropriate
time for public to participate in this process and stopped us from eliminating
these deficiencies in the permit. See the full story and the Appeal here: https://bit.ly/2QUF92t
On the March 24, Jefferson County Foundation
sent Charles Town Mayor Bob Trainor a letter asking him to suspend work on the
Route 9 sewer project until the public comment period is over. We realize that
although they have an order allowing them to continue, this circumvents the
appropriate permitting process. We asked that the city of Charles Town respect
the permitting process and the public’s right to participate by stopping work until
public comment and the permitting process is over. This is only made more
important by the fact that this project is not occurring in the city of Charles
Town and therefore those affected cannot vote for the mayor or city council in
Charles Town. The public comment through the DEP is the only way those affected
can have an effect on this process.
Over 50 people sent a letter through our website asking them to stop
work on the Route 9 sewer project until public comment period is over. To send
your own letter, go here: http://bit.ly/30n6UV3
On March 25, Jefferson County Foundation, working with Rural
Agriculture Defenders, sent a fourth official complaint to the DEP asking them
to require the City of Charles Town and Snyder Environmental Inc. to put stormwater
controls in place on the Route 9 sewer project. Our previous complaints stimulated
an onsite inspection on March 25. We are awaiting the inspection report.
On March 27, Jefferson County Foundation, working with Eastern
Panhandle Protectors, filed a complaint to DEP asking them to get more
information on the intentions of Mountaineer Gas. It seems they are installing
the last few miles of pipeline required to service Rockwool. Mountaineer Gas does
not have a construction stormwater permit registration for this work. Our
previous complaints triggered an onsite inspection where several violations
were noted, but they were not cited. Mountaineer Gas convinced the DEP they
were not disturbing more than one acre, however, just a few days later, they
were constructing further down on the same pipeline. Mountaineer Gas may try to
piecemeal the project to avoid requiring a permit. We are keeping an eye on
them!
