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ENB - Region 9 Notices 1/25/2017

Notice of Complete Application
Notice of Legislative Public Hearings

Applicant:

National Fuel Gas Supply Corporation
Empire Pipeline, Inc.
6363 Main Street
Buffalo, NY 14221-5887

Project:

National Fuel Gas Northern Access 2016 Project

DEC Application ID's:

9-9909-00123/00001
9-2932-00111/00001
9-1442-00039/00015

Permit(s) Applied for:

Article 24 - Freshwater Wetlands
Article 15 - Title 5 Stream Disturbance
Section 401 - Clean Water Act - Water Quality Certification
Article 19 - Air State Facility

Project is Located:

Multiple Towns, Allegany, Cattaraugus, Erie and Niagara Counties

Project Description:

The Northern Access 2016 Project includes: 1) the construction of a new 24 inch diameter transmission pipeline totaling approximately 97 miles from McKean County, Pennsylvania through Allegany, Cattaraugus and Erie Counties in New York; 2) construction of approximately 2.1 miles of 16 inch/24 inch transmission pipeline in the Town Pendleton in Niagara County, New York and 3) a pipeline interconnection with Tennessee Gas Pipeline in the Town of Wales, Erie County, New York.

This project proposed by National Fuel Gas Supply Corporation and Empire Pipeline, Inc. both subsidiaries of National Fuel Gas Company, is a new and upgraded gas pipeline with compressor upgrades to access markets in the northeastern US and Canada for delivery of natural gas. Approximately 78% of the project pipeline would be co-located with existing pipeline and powerline rights-of-way.

The project will provide an outlet for natural gas production in north-central Pennsylvania, connecting it to the interstate pipeline system. That system connects to markets in the northeastern United States as well as eastern Canada. The new sections of pipeline will interconnect specifically with the existing Trans Canada and Tennessee Gas Pipeline systems.

The project includes:

  • A new, 24 inch diameter transmission pipeline totaling approximately 71 miles in New York State from the Pennsylvania border through Allegany, Cattaraugus and Erie Counties;
  • Construction of approximately 2.1 miles of an existing 16 inch/24 inch transmission pipeline in the Town of Pendleton in Niagara County, New York;
  • A pipeline interconnection with Tennessee Gas Pipeline in the Town of Wales, Erie County, New York;
  • A new approximately 15,000 horsepower compressor station in Town of Pendleton, Niagara County;
  • Addition of approximately 5,000 horsepower of compression at National Fuel Gas Supply's existing Porterville Compressor Station in the Town of Elma, Erie County, New York; and
  • A new natural gas dehydration facility in the Town of Wheatfield, Niagara County, New York.

Water Quality Certification (WQC) Application

In accordance with CWA Section 401, applicants seeking a federal license or permit for activities that may result in a discharge to navigable waters must obtain a WQC from New York Sate Department of Environmental Conservation (NYS DEC) indicating that the proposed activity will comply with State water quality standards. In New York State the project includes:

  • The crossing of 192 streams which include: 60 perennial streams; 77 intermittent streams, 48 ephemeral streams and 7 dry ditches (NOTE: 35 of the 192 are temporary bridge crossings with no pipeline crossing)
  • 19 streams with a classification of C(t) or higher (protected streams) and 28 intermittent or ephemeral streams flow into a protected streams
  • The crossing of 5 streams (4 crossings) using a horizontal directional drill (HDD) method, 3 streams will be bored and all remaining streams will be crossed using the dry crossing method
  • The crossing of 13 NYS DEC Regulated Freshwater Wetlands totaling 2.20 miles in length with 10.84 acres of permanent impact located within the 50-ft. ROW and 6.49 acres of additional temporary workspace impact with no permanent wetland fill.

Additional information is available at: http://www.dec.ny.gov/enb/20170125_reg9.html.

Air State Facility (ASF) Permit Applications

Pendleton Compressor Station (New Facility - Killian Road)

The two new turbines will be equipped with Solar turbine's SoLoNOx which guarantees emissions at all temperatures above 0° F and will meet New Source Performance Standards (NSPS) emission limits. Additionally, oxidation catalysts will be installed on both turbines for control of CO, VOC and HAP emissions. There is no regulatory requirement for installation of these oxidation catalysts. The facility will be required to comply with the leak detection and repair (LDAR) requirements of NSPS Subpart OOOOa. To further reduce fugitive emissions the turbines will utilize electric drive starting motors, a vent gas recovery system, and dry gas seals. Compressed air pneumatic controls will also be implemented where appropriate and all gas-driven pneumatic devices will be of a "low bleed" or "intermittent bleed" design. The facility has committed to these emission reduction measures which go beyond regulatory requirements. An emergency generator will be equipped with a NSCR (non-selective catalytic reduction) catalyst.

Additional information is available at: http://www.dec.ny.gov/enb/20170125_reg9.html.

Porterville Compressor Station (Existing Facility)

Two additional new engines equipped with oxidation catalysts to control CO, VOC, HAP and hydrocarbons to meet NSPS requirements. The facility will be required to comply with the leak detection and repair (LDAR) requirements of NSPS Subpart OOOOa. To further reduce fugitive emissions, engines will utilize a vent gas recovery system, compressed air pneumatic controls will be implemented where appropriate, and all gas-driven pneumatic devices will be of a "low bleed" or "intermittent bleed" design. The facility has committed to these emission reduction measures which go beyond regulatory requirements. An emergency generator will be equipped with a NSCR (non-selective catalytic reduction) catalyst.

Additional information is available at: http://www.dec.ny.gov/enb/20170125_reg9.html.

Availability of Documents

Filed application documents, and NYS DEC draft permits where applicable, are available for inspection during normal business hours at the address of the contact person listed below. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

Application documents, and NYS DEC draft permits where applicable, are also available for inspection during normal business hours at the public libraries listed below:

Aurora Town Library
550 Main Street
East Aurora, NY 14052

Delevan - Yorkshire Public Library
28 School Street
PO Box 185
Delevan, NY 14042

Olean Public Library
134 North Second Street
Olean, NY 14760

North Tonawanda Public Library
505 Meadow Drive
North Tonawanda, NY 14120

In addition, application documents can be viewed on-line at: http://www.natfuel.com/supply/NorthernAccess2016/nydec.aspx

National Environmental Policy Act (NEPA) Determination

FERC is the lead agency for the environmental review of interstate gas pipelines. FERC staff prepared a Draft Environmental Impact Statement (DEIS), dated July 27, 2016, for the National Fuel Gas Northern Access 2016 Project, Docket No. CP15-115-000, in accordance with the requirements of NEPA. The EA can be viewed and downloaded at: http://elibrary.ferc.gov:1/idmws/file_list.asp?document_id=14480659.

NYS DEC relies upon the federal review process conducted by FERC pursuant to NEPA and the permit applications submitted by applicants to NYSDEC to ultimately make a determination regarding issuing its authorizations.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The activity is being reviewed in accordance with federal historic preservation laws (Section 106 of NHPA) and the project area of potential impact is substantially the same.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Statutory and Regulatory Provisions

The above referenced applications were filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions, Powers, Duties and Jurisdiction), and Article 70 (Uniform Procedures Act or UPA); and pursuant to Title 6 of Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 621- Uniform Procedures. The relevant regulations are found at: Part 608 (Protection of Waters), Part 663 (Freshwater Wetlands) and Section 401 of the federal Clean Water Act (CWA) (33 USCA 1341). For the Pendleton and Porterville Compressor Station projects the relevant regulations are found at: ECL Article 19 (Air Pollution Control).

In addition to these permits being considered under UPA, the project is required to demonstrate the ability to obtain coverage under the State Pollutant Discharge Elimination System Stormwater General Permit for Construction Activities (GP-0-10-001) prior to conducting any construction activities that disturb greater than one acre.

Legislative Hearing

Pursuant to 6 NYCRR 621.8, legislative public hearings for the receipt of public comments on the permit applications will be held on dates and at the location listed below. The public hearings will commence at 6:00 p.m. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to notify NYS DEC in advance to speak at the legislative hearing. Equal weight will be afforded to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation.

The presiding Administrative Law Judge (ALJ) may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The hearings are fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to the NYSDEC contact person named below, no less than one week prior to the hearing.

The Legislative Public Hearings are scheduled as follows:

Date: Tuesday, February 7, 2017
Time: 6:00 p.m.
Location: St. Bonaventure University
Doyle Hall
3261 W. State Road
Bonaventure, NY 14778

Date: Wednesday, February 8, 2017
Time: 6:00 p.m.
Location: Iroquois High School
2111 Girdle Road
Elma, NY 14059

Date: Thursday, February 9, 2017
Time: 6:00 p.m.
Location: Niagara County Community College
3111 Saunders Settlement Road, Room E-140
Sanborn, NY 14132

Public Hearing and Comment

Written comments submitted to NYS DEC during this comment period and oral comments given at the Legislative Hearing are considered part of the record. At the conclusion of the public comment period NYS DEC will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or legislative hearing to warrant an Adjudicatory Hearing, or whether the permits should be issued without any further review. If no issues are raised to warrant further adjudication, NYS DEC will proceed to develop a response to comments, provide public notice of the approval of the permits and issue the requested permits.

Individuals and parties may also file written comments to the NYSDEC representative listed below. All written comments must be postmarked or submitted electronically by fax or email no later than February 24, 2017.

Contact: Michael Higgins, NYSDEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9179, Fax: (518) 402-9168, E-mail: NFGNA2016Project@dec.ny.gov.


Negative Declaration (Correction)

Niagara County - The Town of Somerset Town Board, as lead agency, has determined that the proposed 2016 Somerset Comprehensive Plan Update will not have a significant adverse environmental impact. The action involves the completion of an update to the Town of Somerset's 2012 Comprehensive Plan. The project is located throughout the Town of Somerset, New York.

Contact: Dan Engert, Town of Somerset, 8700 Haight Road, Barker, NY 14012, Phone: (716) 795-3575 extension 3.


Notice of Acceptance of Draft SGEIS and Public Hearing

Niagara County - The Town of Lockport Industrial Development Agency (IDA), as lead agency, has accepted a Draft Supplemental Generic Environmental Impact Statement on the proposed Industrial Park. A public hearing on the Draft SGEIS will be held on February 9, 2017 at 8:00 a.m. at the Lockport Town Hall, 6560 Dysinger Road, Lockport, NY 14094. Comments on the Draft SGEIS will be accepted until March 3, 2017. The Draft SGEIS is available from the contact listed below and on line at: http://lockporteconomicdevelopment.com/uploads/DGEISLkptIDAReportFINALDraft.pdf.

The action involves the expansion of the Town of Lockport Industrial Park onto approximately 91 acres of land along the east side of Junction Road south of the existing IDA Industrial Park. The project is located on the east side of Junction Road in the Town of Lockport, New York.

Contact: Nancy Brooks, Town of Lockport, 6560 Dysinger Road, Lockport, NY 14094, Phone: (716) 439-9524.


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