The FM120 Insertion Project is a FERC-regulated pipeline modernization and replacement project proposed by National Fuel Gas Supply Corporation. The proposed project extends across 2 counties in the Northwest Region (Elk and McKean) and one county in the Northcentral Region (Cameron).
Below is information on DEP's review and approval of the permit applications and other useful project information. The material is presented here to enable the public to readily review the application material, any noted technical deficiencies and the company's responses to the technical deficiencies. Additional materials will be added to the site as the Department continues with its review of the permit applications. Persons wishing to schedule a file review for this project should contact the Department's Regional Permit Coordination Office File Review Coordinator at 717-772-5987 to schedule a file review.
For those unfamiliar with DEP’s regulatory jurisdiction, DEP has the authority to review and make decisions on permit applications pursuant to environmental regulations such as:
Chapter 102,
Erosion and Sediment Control which regulates erosion and sedimentation resulting from earth disturbance activities and the stability of projects. A pipeline project that exceeds five acres of total earth disturbance must obtain an Erosion Control Permit with plans and practices to control stormwater runoff both during and following earthmoving activities;
Chapter 105,
Dam Safety and Waterway Management which regulates water obstructions and encroachments focused on activities located in, along, or across wetlands, lakes, streams and floodways;
For some pipeline projects, DEP also processes a State Water Quality Certification. Pursuant to Section 401 of the Federal Clean Water Act, DEP will ensure that activities associated with proposed interstate natural gas transmission pipeline projects regulated by the Federal Energy Regulatory Commission (FERC) comply with state water quality standards. This certification is often authorized conditionally and serves as an index for all DEP water-related permits/approvals that may be required for a pipeline project to demonstrate compliance with state water quality standards.
The reviews of these permit applications are often coordinated with other DEP Programs including, but not limited to, Clean Water (NPDES Permitting for Discharges from Hydrostatic Testing), Air Quality (Air Quality Permitting), Solid Waste Management, Oil and Gas Management, and Bureau of Mining Programs. DEP may also coordinate the review of these permits with other resource agencies such as County Conservation Districts, the PA Fish and Boat Commission, the PA Game Commission, the PA Department of Conservation and Natural Resources, the PA Department of Agriculture, the PA Historic and Museum Commission, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the River Basin Commissions. Please note that this is not an all-inclusive list of agencies and the type of activity associated with the project will dictate the agencies that will be involved.
DEP’s permitting authority does not cover the determination of the overall pipeline route or property rights. Other agencies also have jurisdiction over pipelines, such as the Federal Energy Regulatory Commission (FERC), the Pipeline Hazardous Materials Safety Administration (PHMSA) and the Pennsylvania Public Utility Commission (PUC).
FM120 Insertion Project Overview Information Sheet
This
information sheet (PDF) provides a summary of the project.
Public Participation Information
State Water Quality Certification
On January 14, 2022, DEP issued a conditional State Water Quality Certification to the National Fuel Gas Supply Corporation for the FM120 Insertion Project.
On November 8, 2021, DEP received the following revised request for state water quality certification.
On September 8, 2021, DEP sent a second extension request approval letter to the Applicant to respond to technical deficiencies for its State Water Quality Certification.
On June 17, 2021, DEP sent an extension request approval letter to the Applicant to respond to technical deficiencies for its state water quality certification.
On May 11, 2021, DEP sent a technical deficiency letter to the Applicant for its state water quality certification.
On March 27, 2021, the request for State Water Quality Certification was published in the
Pennsylvania Bulletin.
On February 26, 2021, DEP considered the state water quality certification application complete and commenced its technical review. The following completeness review letter was sent to the Applicant.
On January 19, 2021, DEP received a request for a state water quality certification.
Chapter 102 And 105 Permit Applications
On February 28, 2022, DEP issued the Chapter 105 Water Obstruction and Encroachment Permits and the Chapter 102 Erosion and Sediment Control General Permit (ESCGP) permit.
On February 15, 2022, DEP received the following responses to the Chapter 102 and Chapter 105 technical deficiency letters.
On February 8, 2022, DEP sent technical deficiency letters to the Applicant for its Chapter 102 ESCGP-3 NOI and Chapter 105 general permit applications for McKean, Elk, and Cameron counties.
On November 8, 2021, DEP received the following responses to the Chapter 102 and Chapter 105 technical deficiency letters.
On September 8, 2021, DEP sent a second extension request approval letter to the Applicant to respond to technical deficiencies for its Chapter 102, ESCGP-3 NOI and Chapter 105, general permit applications for McKean, Elk, and Cameron Counties.
On June 17, 2021, DEP sent an extension request approval letter to the Applicant to respond to technical deficiencies for its Chapter 102, ESCGP-3 NOI and Chapter 105, general permit applications for McKean, Elk, and Cameron Counties.
On May 11, 2021, DEP sent technical deficiency letters to the Applicant for its Chapter 102 ESCGP-3 NOI and Chapter 105 general permit applications for McKean, Elk, and Cameron counties.
On February 26, 2021, DEP considered the Chapter 102 and Chapter 105 permit applications complete and commenced its technical review. The following completeness review letters were sent to the Applicant. These applications were published as complete in the Pennsylvania Bulletin on March 27, 2021.
On January 19, 2021, DEP received the following Chapter 102 and 105 permit applications.