No clean water certificate means no right to build, says FERC.
BORDENTOWN TOWNSHIP -- The Federal Energy Regulatory Commission (FERC) on Wednesday denied a request to begin construction on portions of the Transco Pipeline until builders have the required environmental documentation.
On Friday, the Williams company - the pipeline's builder - submitted a request to regulators asking for permission to start work on a compressor station and other parts of the proposed Garden State Expansion Project.
"Transco was trying to start construction now to make it tougher for the New Department of Environmental Protection (NJDEP) or FERC to turn down their application later," Director of the New Jersey Sierra Club, Jeff Tittle said. "Luckily for us, FERC hasn't let them do this."
In their submission to FERC, Williams said they had "fulfilled all of the applicable environmental conditions and obtained all applicable federal permits and approvals necessary for the construction activities."
"The construction activities... will not affect any resources such as streams, wetlands or wetland transition areas that are regulated under the federal Clean Water Act or the New Jersey Freshwater Wetlands Protection Act," the submission said.
But FERC said that without a 401 Water Quality Certificate, as mandated though the federal Clean Water Act, and a 404 Permit from the NJDEP, nothing other than minor work on existing infrastructure would be allowed.
Once those documents are provided FERC will reconsider construction authorization for additional facilities.
Feds grant rehearing for Transco pipeline
Transco's proposal includes the building of a compressor station and upgrades such as increasing the capacity of some lines. The project is part of a larger collaboration that includes the Southern Reliability Link pipeline and PennEast Pipeline.
In June, the municipalities of Bordentown Township and Chesterfield submitted requests for rehearings and a work-stoppage based on failure to obtain a water quality certificate as required the Clean Water Act.
FERC denied the work-stoppage requests but did uphold the request for rehearing.
"Transco submitted their application when they thought no one was looking but the public has been against this project from day one," Tittle said Wednesday. "They knew they did not have the necessary permits and did not complete the rehearing process yet they applied to begin construction anyway."
Greg Wright may be reached at gwright@njadvancemedia.com. Follow him on Twitter @GregTheWright. Find NJ.com on Facebook.