By Electronic Transmission

September 11, 2016

New York Section Chief
U. S. Army Corps of Engineers, Buffalo District
1776 Niagara Street
Buffalo, NY 14207

U. S. Army Corps of Engineers
Upstate New York Regulatory Field Office
ATTN: CENAN-OP-RU
Building 10, 3rd Floor North
1 Buffington Street Watervliet Arsenal
Watervliet, NY 12189

Greetings:

I write respectfully to request that the U. S. Army Corps of Engineers take action to enforce the Federal regulatory requirements referenced herein:

First, I request that your agency require a Section 401 Water Quality Certification "blanket authorization" to be rescinded because it was improperly granted by the New York State Department of Environmental Conservation (DEC) earlier this year for the proposed Dominion New Market Pipeline Expansion Project pursuant to Nationwide Permit Program 12 - - Utility Line Activities (NWP 12).

See: Pre-Construction Notification for U.S. Army Corps of Engineers Nationwide Permit #12

Second, I request that your agency take action in concert with Region 2 of the U. S. Environmental Protection Agency (EPA) to make sure that no Section 401 Water Quality Certification is granted for the proposed pipeline expansion project because neither DEC, EPA nor Dominion Transmission, Inc. can fulfill the strict requirements of that section of the U. S. Clean Water Act.

Please allow me to document why I am making these important requests.

Improper "Blanket Authorization" Section 401 Water Quality Certification

The "blanket authorization" Section 401 Water Quality Certification was improperly granted by DEC for Dominion's proposed pipeline expansion project in clear contravention of U. S. Army Corps of Engineer requirements, Section 401 Water Quality Certification mandates pursuant to the U. S. Clean Water Act and DEC's own regulatory rules.

First, DEC's decision contravenes U. S. Army Corps of Engineers NWP requirements because the proposed project involves the massive expansion of a 200-mile existing pipeline that has already caused extensive contamination problems that were never cleaned up to state standards and whose cumulative effects have never been assessed.

This is unacceptable because the U. S. Army Corps of Engineers requires that:

"NWPs are a type of general permit designed to authorize certain activities that have minimal individual and cumulative adverse effects on the aquatic environment and generally comply with the related laws cited in 33 CFR 320.3. Activities that result in more than minimal individual and cumulative adverse effects on the aquatic environment cannot be authorized by NWPs (emphasis added)."

See: NWP 12 - U.S. Army Corps of Engineers

Second, DEC's decision violates its own NWP 12 "General Conditions" because the agency has already failed to fulfill its "'Non-contamination of Waters' requirements:

- All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, resins, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project (bold is emphasis added)."

DEC's own spill incidents data clearly document that both the construction as well as operation of the existing Dominion Pipeline caused multiple violations of water quality standards that were never cleaned up to state standards. Uncontrolled pollution releases involved "unknown petroleum," "waste oil/used oil," "natural gas," "natural gas distillates," "#2 fuel oil," "#4 fuel oil," "#6 fuel oil," "blacktop," and "auto waste fluids."

See spill summary below and full profiles compiled on 7/28/16: Dominion Pipeline (earlier known as CNG) spills

Based on this record of on-going Dominion Pipeline water quality problems, DEC cannot possibly certify that the proposed pipeline expansion project will fulfill the extremely strict Section 401 Water Quality Certification requirement:
"In accordance with Section 401 of the Clean Water Act, applicants for a Federal license or permit for activities (including but not limited to the construction or operation of facilities that may result in any discharge into waters of the United States) are required to apply for and obtain a Water Quality Certification from DEC indicating that the proposed activity will not violate water quality standards (emphasis added)."

See: Clean Water Act - Section 401 Certification

Third, DEC's NWP 12 requirements mandate that Dominion obtain a Section 401 Walter Quality Certification through an individual application proceeding because the proposed New Market Pipeline Expansion Project cannot meet the requisite "General Conditions."

See: NYS DEC Section 401 WQC for USACOE Nationwide Permits (PDF)

DEC's On-Going Failure to Prevent or Clean up Fossil Fuel Pipeline Hazards

There can be no doubt that the proposed Dominion New Market Pipeline Expansion Project would cause further water quality problems because DEC's inadequate regulation of fossil fuel transmission pipelines has failed for decades to prevent or require the comprehensive clean up of a total of 114 major explosions, fires, ruptures and toxic discharges involving crude oil, natural gas, gasoline and petroleum products.

See: Natural Gas, Crude Oil and Petroleum Product Pipeline Fires, Explosions, Accidents, Ruptures and Spills

Many of these toxic releases polluted both ground as well as surface waters, involved no remedial efforts whatsoever, continue to exceed state standards and remain administratively active many years after being reported. DEC's inadequate regulatory enforcement is shockingly unacceptable and must be fully rectified before any additional fossil fuel infrastructure projects are authorized.

Dominion Must Not Be Allowed to Circumvent Section 401 Requirements

Until I posted DEC's spill incidents data for public review on December 17, 2015, DEC's insufficient regulation of fossil fuel transmission pipelines was essentially unknown. As a result, intense public and media concern ensued.

My release of DEC's spill incidents data very likely persuaded Dominion to try to avoid obtaining a Section 401 Water Quality Certification for its New Market Pipeline Expansion Project through an individual application. The firm took action immediately after my data release. This is improper and must not be permitted by State and Federal authorities.

On 4/22/14 DEC required Dominion to submit an individual application for a Section 401 Water Quality Certification because the proposed New Market Pipeline Expansion Project involved potential impacts to aquatic resources in more than one DEC Region.

On 1/12/16 Dominion wrote DEC to withdraw its Section 401 Water Quality Certification individual application after the scope of work for its proposed project was altered to try to avoid that obligation. The firm asserted, "impacts to aquatic resources have been reduced to occur only in a single NYSDEC Region."

As a result, Dominion requested Section 401 Water Quality Certification "blanket authorization" for its proposed project pursuant to Nationwide Permit Program 12 - Utility Line Activities.

DEC's spill incidents data document that Dominion's existing pipeline caused multiple water quality violations that often were not cleaned up to state standards at locations across the state, including in Woodhull, Ithaca, New Hartford and East Greenbush, NY.

Given that those documented impacts to New York's aquatic resources are located in three DEC regions (8, 7 and 4), Dominion's assertion that its New Market Pipeline Expansion Project's Section 401 Walter Quality Certification should be authorized pursuant to NWP 12 must be rejected.

Conclusion

For all the reasons documented herein, I respectfully request that you require the Section 401 Water Quality Certification "blanket authorization" granted pursuant to NWP 12 for the Dominion New Market Pipeline Expansion Project to be rescinded.

I also ask you to take further action in concert with EPA Region 2 to make sure that no Section 401 Water Quality Certification is granted for the proposed pipeline expansion project because neither DEC, EPA nor Dominion Transmission, Inc. can fulfill the strict requirements of that section of the U. S. Clean Water Act at this time.

Finally, the spill incidents data presented herein clearly document that the Federal Energy Regulatory Commission's (FERC) "compensatory mitigation" policy is specious. As a result, at a minimum FERC's "conditional approval" must be rescinded for all projects in New York that have not yet been built, including the Dominion New Market Pipeline Expansion Project, Arlington Gas Storage and Constitution Pipeline. I will submit that request to FERC forthwith.

See: New Market FERC Order

With all respect, unless the requirements of Federal environmental protection laws are strictly enforced by your agency, EPA and other government authorities, the public will not be safeguarded according to applicable legal requirements.

Given the grave regulatory shortcomings that I am bringing to your attention, I believe urgent action is warranted by your agency to resolve my concerns.

Please note that the public comment period for the proposed project closes on 9/12/16.

I trust that you will find my request self-explanatory, but please do not hesitate to contact me if you have any questions that I might be able to answer.

Thank you for your consideration.

Very truly yours,

Walter Hang

cc: Honorable Judith A. Enck, USEPA
Honorable Barbara S. Lifton
Honorable Steven Englebright
Honorable Thomas F. O'Mara
Honorable Charles E. Schumer
Honorable Kirsten Gillibrand
Honorable Andrew M. Cuomo
Honorable Basil Seggos

Dominion Pipeline (earlier known as CNG) spills

"CNG TRANSMISSION
219 ELLIS HOLLOW CREEK RD ITHACA, NY

Spill Number: 9806491
Spill Date: 08/26/1998
Material Spilled: Unknown Petroleum
eets Clean up Standards: No
Resource Affected: Groundwater

Caller Remarks:
CALLER IS WITH AN ENVIRONMENTAL CONSULTING AGENCY AND DISCOVERED AN OLD DISPOSAL AREA WHERE AN UNKNOWN HEAVY PETROLEUM HAS BEEN DUMPED

CNG TRANSMISSION
ELLIS HOLLOW RD ITHACA, NY

Spill Number: 9107079
Spill Date: 10/01/1991
Material Spilled: Waste Oil/Used Oil
Meets Clean up Standards: Unknown

Caller Remarks:
CONTAMINATED SOIL DISCOVERED DURING TANK REMOVAL.

WOODHALL COMPRESSOR STATION
974 COUNTY ROUTE 99 WOODHULL, NY 14898
Spill Number: 0912610
Spill Date: 03/03/2010
Material Spilled: WASTE OIL/USED OIL
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: No
Quantity Spilled: 20 Gallons

Caller Remarks:
APPROXIMATELY 15-20 GALLONS SPILLED TO SOIL. CLEANUP IN PROGRESS.

DEC Investigator Remarks:
03/04/2010: CK TO FOLLOW UP.
03/04/10 KEHOE CALL TO PRATT, COMPRESSOR BLOWS DOWN TO A TANK THAT WAS SUPPOSEDLY EMPTY OR AT LEAST HAD SOME SPACE FOR MORE OIL BUT DID NOT. THIS CAUSED OIL IN THE TANK TO BE BLOWN OUT, SOME CONTAINED IN SECONDARY BUT MOST WAS SPRAYED OVER THE GROUND SURFACE NEARBY. THEY HAVE A CREW WORKING TO COLLECT IMPACTED SOIL.

WOODHULL COMPRESSOR STA
COUNTY ROUTE 99 WOODHULL, NY
Spill Number: 9512515
Spill Date: 01/04/1996
Material Spilled: Natural Gas
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: No

Caller Remarks:
Threaded collar on 2in underground pipeline failed-line seperated [stet] allowing distillate to leak to surrounding soils. Line has been repaired and approx 67 tons of soil excavated in initial cleanup attempt.

CNG TRANSMISSION RIVERSIDE PORT
RIVERSIDE AVE PORT OF RENS PAPSCANEE CREEK EAST GREENBUSH PIPELINE RENS Z, NY
Spill Number: 9310557
Spill Date: 11/29/1993
Material Spilled: UNKNOWN PETROLEUM

Caller Remarks:
CNG DEWATERING FOR NAT GAS PIPELINE INSTALLATION, SHEEN ON DISCHARGE TO CREEK, SAMPLING.

03/15/95: CONSENT ORDER SIGNED AND PENALTY PAID.

CNG TRANSMISSION CORP
974 COUNTY ROUTE 99 WOODHULL, NY 14898
Spill Number: 9412219
Spill Date: 12/09/1994
Cause of Spill: Equipment Failure
Meets Cleanup Standards: No

Caller Remarks:
FILL LINE FROM NATURAL GAS TRANSMISSION LINE TO SEPARATION TANK SEPARATED AT A COLLAR. AREA WAS RECENTLY UNDER CONSTRUCTION & SETTLING IS BELIEVED TO HAVE CAUSED LEAK.

DEC Investigator Remarks:
LINE IS 2 DIAMETER, 3 FT BELOW GRADE. LEAK WAS DISCOVERED WHEN THEY WERE BLOWING DOWN GAS & WATER TO TANK. BACKHOE EXCAVATED SOME CONTAMINATED SOIL, BUT BECAUSE...
12/09/94: ...OF NEW CONSTRUCTION & SOFT SOILS BACKHOE KEPT GETTING STUCK. ABSORBENTS PUT DOWN TO COLLECT MATERIAL COMING TO SURFACE. NEAREST RESIDENCE IS STATION’S CARETAKER HOUSE APPROX 500 FT AWAY.

12/09/94: PBS # 8-445134; TANK #004, 8,000 GALLON TANK.
03/23/95: SR ON SITE; EXCAVATED SOIL PILE NEAR AREA OF SPILL, BOOMS DEPLOYED. NO VISUAL INDICATION OF CONTAMINATION, NO ODOR. CNG HAS TAKEN SOIL SAMPLES & PERFORMED BORINGS, RESULTS TO BE FORWARDED TO SR.

11/28/95 100 TONS OF CONTAMINATED SOIL EXCAVATED AND DISPOSED OF AT COUNTY ENVIRONMENTAL LANDFILL, PA. CONFIRMATORY SAMPLING SHOWS NON-DETECT EXCEPT FOR ONE SAMPLE. FURTHER EXCAVATION NOT POSSIBLE AS HIGH PRESSURE LINES EXIST. GROUNDWATER SAMPLES ON DOWNGRADIENT IMPACTED WELLS TO BE REQUESTED FOR SPRING OF 1996.

12/13/96 SOIL PILE FOR JAN 1996 RELEASE CLEAN PER STARS. MONITORING WELL RESULTS SHOW MW-1: 53 PPB BENZENE, APPROX 243 PPB BTEX; MW-2: NON-DETECT; MW-3: 79.6 PPB BENZENE, N.D. OTHERWISE. RESAMPLING TO BE SCHEDULED FOR SPRING 1997.

04/22/97 SAMPLE RESULTS SHOW:MW-1 WITH 43 PPB BENZENE, 72.5 PPB ETHYLBENZENE, 91.9 XYLENE; MW-2 WITH N.D; MW-3 WITH 64.5 PPB BENZENE.

CNG TRANSMISSIONS
1103 HIGBY RD NEW HARTFORD, NY
Spill Number: 9912031
Spill Date: 01/18/2000
Cause of Spill: Equipment Failure
Material Spilled: #2 FUEL OIL, #4 FUEL OIL, #6 FUEL OIL, AUTO WASTE FLUIDS, Unknown Petroleum
Meets Cleanup Standards: No

Caller Remarks:
SOIL CONTAMINATION DISCOVERED AT ABOVE LOCATION. SPILL IS HISTORIC IN NATURE.

DEC Investigator Remarks:
01/18/2000: SPOKE WITH CALLER. C & G TRANSMISSIONS DID A VOLUNTARY SITE ASSESSMENT AND DETECTED A PETROLEUM RELEASE. HAVE A REMEDIATION PLAN IN PLACE. WILL FORWARD SAR AND REMEDIATION PLAN FOR REVIEW (JA).

04/09/01: REVIEWED RAP. SENT LETTER THAT FIRE GATE BLD. AND TRASH PIT AREA ARE OK BUT NEED DISPOSAL RECEIPTS. OUTFALL ON HIGBY WAS NOT ADDRESSED.(JA)

RECEIVED SOIL DISPOSAL PAPERWORK. 2659.79 TONS SENT TO RAPP RD LANDFILL IN ALBANY. COVER LETTER REQUESTING CLOSURE AS DOT EXCAVATED DITCH IN FALL 1999. (JA)

7/3/2002: SOME CONTAMINATION REMAINS IN DITCH. INACTIVE. (DJ)"