1. DEPARTMENT OF ENVIRONMENTAL PROTECTION
      2. Bureau of Waterways Engineering and Wetlands
      3. State Water Quality Certification Process
      4. APPENDIX A
      5. SAMPLE PUBLIC NOTICE OF APPLICATION AND DRAFT STATE WATER QUALITY
      6. CERTIFICATION FOR A FERC REGULATED PIPELINE PROJECT
      7. Proposed State Water Quality Certification
      8. Required by Section 401 of the Clean Water Act for the
      9. [INSERT NAME OF PROJECT]
      10. APPENDIX B
      11. SAMPLE PUBLIC NOTICE OF FINAL STATE WATER QUALITY CERTIFICATION FOR
      12. FERC PIPELINE PROJECT
      13. Final State Water Quality Certification
      14. Required by Section 401 of the Clean Water Act for the
      15. [INSERT NAME OF PROJECT]

310-2100-001 / DRAFT July 29, 2017 / Page i
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Bureau of Waterways Engineering and Wetlands
DOCUMENT NUMBER:
310-2100-001
TITLE:
Policy for State Water Quality Certification Issuance for Interstate Natural
Gas Transmission Pipeline Projects Regulated by the Federal Energy
Regulatory Commission
EFFECTIVE DATE:
Upon publication of notice as final in the
Pennsylvania Bulletin
AUTHORITY:
Clean Streams Law, 35 P.S. §§ 691.1 – 691.1001, Dam Safety and
Encroachments Act, 32 P.S. §§ 693.1 – 693.27), other State statutes and
implementing regulations that protect water quality; Section 401 of the
Clean Water Act, 33 U.S.C. § 1341; Section 3(d) of the Natural Gas Act,
15 U.S.C. § 717b(d).
POLICY:
The Department of Environmental Protection (DEP) will ensure that
proposed interstate natural gas transmission pipeline projects regulated by
the Federal Energy Regulatory Commission (FERC) comply with State
law requirements necessary to protect the quality of the waters of the
Commonwealth.
PURPOSE:
The purpose of this policy is to set forth the DEP review process when an
applicant requests State water quality certification for a FERC regulated
interstate natural gas transmission pipeline project.
APPLICABILITY:
This policy applies to the processing of requests for State water quality
certification of proposed interstate natural gas transmission pipeline
projects regulated by FERC.
DISCLAIMER:
The policies and procedures outlined in this guidance document are
intended to supplement existing requirements. Nothing in the policies or
procedures will affect regulatory requirements.
The policies and procedures herein are not an adjudication or a regulation.
There is no intent on the part of the Department to give these rules that
weight or deference. This document establishes the framework, within
which DEP will exercise its administrative discretion in the future. DEP
reserves the discretion to deviate from this policy statement if
circumstances warrant.
PAGE LENGTH:
10 pages

310-2100-001 / DRAFT July 29, 2017 / Page 1
State Water Quality Certification for FERC-Regulated Natural Gas Pipelines Projects
An applicant must obtain a State Water Quality Certification (SWQC) from the Department of
Environmental Protection (DEP) before the Federal Energy Regulatory Commission (FERC) can
authorize the applicant to construct an interstate natural gas pipeline project within the Commonwealth.
1
The SWQC fits within the basic FERC review process as outlined below.
FERC Pre-Filing Process:
An applicant can participate in an optional FERC process prior to
submitting an application to FERC to solicit input from the public, as well as other Federal, state
and local agencies, on a proposed project.
FERC Application:
An applicant must apply for a Certificate of Public Convenience and
Necessity from FERC to obtain the authority to use eminent domain, when necessary, to acquire
property needed for the proposed project.
NEPA Environmental Review:
Prior to issuing a Certificate of Public Convenience and
Necessity, FERC must conduct an environmental review of the proposed project under the
National Environmental Policy Act
2
(NEPA). FERC will issue an Environmental Assessment
(EA) if it finds that the project will not have significant environmental impacts. For projects
with significant impacts, FERC will issue a draft Environmental Impact Statement (EIS) for
public comment prior to issuing a Final EIS.
Federal, State and Local Environmental Authorizations:
FERC’s EA or Final EIS will identify
conditions that the applicant must satisfy to ensure that the proposed project will not result in a
significant environmental impact. FERC will identify other Federal, state and local
environmental permits or authorizations that the applicant must obtain prior to construction.
State Water Quality Certification:
Prior to obtaining authorization to construct a proposed
project, an applicant must provide FERC with a SWQC from each state through which the
pipeline will be constructed. Unless a state waives its right to issue such a certification, each
state must evaluate whether the proposed project will be constructed in a manner that achieves
the state’s water quality standards.
Certificate of Public Convenience and Necessity:
Upon completion of its environmental
review, FERC will issue a Certificate of Public Convenience and Necessity that includes the
environmental conditions developed through the NEPA environmental review process.
3
The
applicant will be required to satisfy these environmental conditions prior to FERC’s issuance of a
notice to proceed with construction. FERC must include SWQC conditions as environmental
conditions of its certificate.
DEP is responsible for reviewing an applicant’s request for a SWQC seeking to construct a FERC-
regulated interstate natural gas pipeline project in the Commonwealth. In general, proposed projects that
comply with State environmental laws and regulations will protect the quality of waters of the
Commonwealth.
1
See
Section 401 of the Clean Water Act, 33 U.S.C. § 1341.
2
42 U.S.C. §§ 4321-4370h.
3
These conditions are typically included as Appendix A to a FERC Certificate of Public Convenience and Necessity.

310-2100-001 / DRAFT July 29, 2017 / Page 2
At the time an applicant files an application with FERC for a Certificate of Public Convenience and
Necessity, the applicant may not have sufficient information to apply for necessary State environmental
permits and authorizations from DEP, particularly permits associated with stream or wetland crossings.
For example, an applicant may not yet have access to all privately owned land along the proposed
pipeline route necessary to delineate and field verify these water resources. For purposes of its FERC
application, an applicant may use various resources in making a preliminary identification of water
resources and a preliminary determination of potential project impacts to the water resources prior to
field verification. This preliminary identification may be based on remote sensing, digital geo-spatial
data, geographic information systems (GIS), light detection and ranging (LiDAR), eMAP, and other
similar available sources.
If an applicant requests a SWQC, DEP can issue, deny, or condition a SWQC. DEP must act within a
reasonable period, not to exceed one year from its receipt of a complete SWQC application. Through its
review, DEP will determine if the applicant can protect waters of the Commonwealth during
construction and operation of the proposed natural gas pipeline project by obtaining permits,
authorizations or approvals required under existing State water quality programs. If so, DEP may issue
a SWQC conditioned upon the applicant acquiring such permits, authorizations, or approvals. An
applicant must comply with all conditions of the SWQC for the SWQC to remain valid and for the
applicant to satisfy Section 401 of the Clean Water Act.
State Water Quality Certification Process
An applicant should take the steps recommended below to ensure effective coordination and timely
completion of the SWQC process required prior to construction of an interstate natural gas pipeline in
the Commonwealth:
1.
Applicant Consultation with DEP:
An applicant should consult with the DEP Regional Office(s)
responsible for the area(s) where the proposed interstate natural gas pipeline project is to be
located prior to submitting its application to FERC to discuss the State environmental permits,
authorizations and approvals that will be necessary conditions of the SWQC to protect waters of
the Commonwealth.
2.
Submission of FERC Application:
When filing an application with FERC for the proposed
interstate natural gas pipeline project, the applicant should identify the need for an SWQC, as
well as State environmental permits, authorizations and approvals identified during the
consultation with DEP.
3.
Applicant Request for State Water Quality Certification:
Upon submission of its FERC
application, the applicant should submit a written request for an SWQC to the DEP Regional
Office responsible for the area where the
largest portion of the project
will be located within the
Commonwealth. The request should be submitted on forms available from DEP and must
include the information identified by DEP in the form instructions, as necessary, to evaluate the
potential impacts to waters of the Commonwealth.
4.
Public Comment on Draft State Water Quality Certification:
When DEP has determined that the
applicant has submitted a complete SWQC request, DEP will publish notice in the
Pennsylvania
Bulletin
of its receipt of the SWQC request and of its proposed SWQC with any conditions DEP
has determined are necessary to protect the waters of the Commonwealth. The notice will
provide a 30-day public comment period. A sample notice is provided in
Appendix A
.

310-2100-001 / DRAFT July 29, 2017 / Page 3
5.
State Water Quality Certification Issuance:
After the close of the public comment period, DEP
will evaluate the comments received and determine if any changes to the proposed SWQC are
necessary. DEP will publish notice of its issuance of the final SWQC in the
Pennsylvania
Bulletin.
A sample notice is provided in
Appendix B
.
6.
State Permits, Authorizations and Approvals Required as SWQC Conditions:
As soon as an
applicant has obtained all information necessary to apply for State permits, authorizations or
approvals required as SWQC conditions, the applicant should submit complete permit
applications, complete notices of intent (NOIs) for coverage under general permits, and any other
complete requests for approvals to the appropriate DEP Regional Office or delegated County
Conservation District. The applications, NOIs and other requests should be submitted on forms
available from DEP or the delegated County Conservation District and should provide the
information identified on the forms and in the instructions, as necessary, to process the
applications, NOIs or requests. An applicant may use information developed as part of its FERC
application, when appropriate, to fulfill requirements for State permits, authorizations or
approvals. The applicant should make appropriate cross-references to the FERC application,
however, to facilitate review by DEP or the delegated County Conservation District. By
providing clear and complete information, the applicant will reduce the potential for requests for
additional information and the associated delays in the processing of any State permit
applications, NOIs, or other requests.

310-2100-001 / DRAFT July 29, 2017 / Page 4
APPENDIX A
SAMPLE PUBLIC NOTICE OF APPLICATION AND DRAFT STATE WATER QUALITY
CERTIFICATION FOR A FERC REGULATED PIPELINE PROJECT
Proposed State Water Quality Certification
Required by Section 401 of the Clean Water Act for the
[INSERT NAME OF PROJECT]
[Insert DEP Region] Region: Waterways & Wetlands Program, [insert address], [insert Program
Manager’s Name and Phone Number]
EA -
[insert file number], [insert applicant’s name] (Applicant), [insert applicant’s address]. [insert
project name] (Project), in [insert municipalities and counties in which the project is located], [insert
ACOE District(s)]. The proposed project starts at [describe location] ([insert quadrangle name], PA
Quadrangle N: --°, --’, --”; W: --°, --’, --”) and ends at [describe location] ([insert quadrangle name],
PA Quadrangle N: --°, --’, --”; W: --°, --’, --”)
On [insert date], Applicant filed an application with the Federal Energy Regulatory Commission (FERC)
under Section 7 of the Natural Ga Act (15 U.S.C. § 717f) seeking a certificate of public convenience and
necessity to construct and operate its Project (FERC Docket No. [insert project number]). The FERC
Environmental Assessment for the Project, which was issued on [insert date], may be viewed on FERC’s
website at
www.ferc.gov
(search eLibrary; Docket Search; [insert project number]).
On [insert date], Applicant requested a state water quality certification (SWQC) from the Pennsylvania
Department of Environmental Protection (PADEP), as required by Section 401 of the Clean Water Act
(33 U.S.C. § 1341), to ensure that the construction, operation and maintenance of the Project will protect
water quality in Pennsylvania consistent with the requirements of State law and the Clean Water Act.
The Project, as proposed, includes approximately [insert length mile/foot] long, [insert pipe size]-inch
pipeline to transport natural gas from [describe location] to [describe location].
The Project, as
proposed, will require approximately [insert area] acres of earth disturbance, and impacts to [insert total
length] linear feet of [insert stream names and classifications], [insert area] acre(s) of floodway, [insert
area] acre(s) of temporary [insert wetland type(s)] wetland impacts, and [insert area] acre(s) of [insert
wetland type(s)] permanent impacts.
PADEP is proposing to issue a SWQC to [insert Applicant’s name] for the [insert Project name] that
will require compliance with the following PADEP water quality permitting programs, criteria and
conditions established pursuant to State law:
1.
Discharge Permit – Applicant shall obtain and comply with a National Pollutant Discharge
Elimination System (NPDES) permit(s) for the discharge of water from the hydrostatic testing of
the pipeline associated with the Project pursuant to Pennsylvania’s Clean Streams Law (35 P.S.
§§ 691.1 – 691.1001), 25 Pa. Code Chapter 92a (relating to NPDES permitting, monitoring and
compliance), and all other applicable regulations.
2.
Erosion and Sediment Control Permit – Applicant shall obtain and comply with an Erosion and
Sediment Control Permit(s) for earth disturbance associated with the Project issued pursuant to

310-2100-001 / DRAFT July 29, 2017 / Page 5
Pennsylvania’s
Clean
Streams
Law
and
Storm
Water
Management
Act
(32 P.S.
§§ 680.1-680.17), 25 Pa. Code Chapter 102 (relating to erosion and sediment control), and all
other applicable regulations.
3.
Water Obstruction and Encroachment Permits – Applicant shall obtain and comply with a Water
Obstruction and Encroachment Permit(s) for the construction, operation and maintenance of all
stream and wetland crossings associated with the Project pursuant to Pennsylvania’s Clean
Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1-693.27), and Flood Plain
Management Act (32 P.S. §§ 679.101-679.601.), 25 Pa. Code Chapter 105 (relating to dam
safety and waterway management), and all other applicable regulations.
4.
Other Water Quality Requirements – Applicant shall obtain any other permits, authorizations or
approvals required to construct, operate, and maintain the Project to achieve the water quality
standards in 25 Pa. Code Chapter 93, including any permits, authorizations or approvals
necessary from any interstate or international agency under an interstate compact or international
agreement that has established water quality standards applicable to surface waters of this
Commonwealth, including wetlands, more stringent than those in Chapter 93.
5.
Water Quality Monitoring – PADEP retains the right to specify additional studies or monitoring
to ensure that the receiving water quality associated with the Project is not adversely impacted by
any operational and construction process that may be employed by Applicant.
6.
Operation – Applicant shall properly operate and maintain at all times all Project facilities and
systems of treatment and control (and related appurtenances) installed to achieve compliance
with the terms and conditions of this SWQC and all required permits, authorizations and
approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate
quality assurance procedures, and the operation of backup or auxiliary facilities or similar
systems installed by Applicant.
7.
Inspection – The Project, including all relevant records, are subject to inspection at reasonable
hours and intervals by an authorized representative of PADEP or the delegated County
Conservation District to determine compliance with this SWQC, including all required permits,
authorizations or approvals required by this SWQC. The Applicant shall provide a copy of this
SWQC to an authorized representative conducting an inspection of the Project.
8.
Transfer of Projects – If Applicant intends to transfer any legal or equitable interest in the Project
or any portion(s) thereof, the Applicant shall provide a copy of this SWQC and copies of any
permits, authorizations or approvals obtained to comply with the SWQC upon the prospective
transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated
transfer and shall simultaneously inform the PADEP Regional Office of such intent. Notice to
PADEP shall include a transfer agreement signed by the existing and new owners containing a
specific date for transfer of responsibility, coverage, and liability under the SWQC and any
permits, authorizations and approvals obtained to comply with the SWQC. The new owner shall
submit to PADEP a new application form for the SWQC and any permits, authorizations and
approvals required to comply with the SWQC signed by the new owner.

310-2100-001 / DRAFT July 29, 2017 / Page 6
9.
Correspondence – All correspondence with and submittals to PADEP concerning this SWQC
shall be addressed to:
Department of Environmental Protection
[Inset Regional Office]
[Insert Contact]
[Insert Address]
10.
Reservation of Rights – PADEP may modify, suspend, or revoke this SWQC if (i) PADEP
becomes aware of new facts about the Project that warrant such action; or (ii) PADEP
determines that the Applicant has not complied with the terms and conditions of this
certification.
PADEP may require additional measures to achieve compliance with any
applicable law or regulation.
11.
Other Laws – Nothing in this SWQC shall be construed to preclude the institution of any legal
action or to relieve Applicant from any responsibilities, liabilities, or penalties established
pursuant to any applicable law or regulation.
12.
Severability – The provisions of this SWQC are severable and should any provision of this
SWQC be declared invalid or unenforceable, the remainder of this SWQC shall not be affected
thereby.
Prior to issuance of the final SWQC, PADEP will consider all relevant and timely comments,
suggestions or objections submitted to PADEP within 30 days of this notice. Comments should be
directed to [insert contact and title] at the above address or through the Pennsylvania AT&T Relay
Service at 800-654-5984 (TDD). Comments must be submitted in writing and contain the name, address
and telephone number of the person commenting and a concise statement of comments, objections or
suggestions on this proposal. No comments submitted by facsimile will be accepted.
[Secretary’s Name],
Secretary

310-2100-001 / DRAFT July 29, 2017 / Page 7
APPENDIX B
SAMPLE PUBLIC NOTICE OF FINAL STATE WATER QUALITY CERTIFICATION FOR
FERC PIPELINE PROJECT
Final State Water Quality Certification
Required by Section 401 of the Clean Water Act for the
[INSERT NAME OF PROJECT]
[Insert DEP Region] Region: Waterways & Wetlands Program, [insert address], [insert Program
Manager’s Name and Phone Number]
EA -
[insert file number], [insert applicant’s name] (Applicant), [insert applicant’s address]. [insert
project name] (Project), in [insert municipalities and counties in which the project is located], [insert
ACOE District(s)]. The proposed project starts at [describe location] ([insert quadrangle name], PA
Quadrangle N: --°, --’, --”; W: --°, --’, --”) and ends at [describe location] ([insert quadrangle name],
PA Quadrangle N: --°, --’, --”; W: --°, --’, --”)
On [insert date], Applicant filed an application with the Federal Energy Regulatory Commission (FERC)
under Section 7 of the Natural Gas Act (15 U.S.C. § 717f) seeking a certificate of public convenience
and necessity to construct and operate its Project (FERC Docket No. [insert project number]). The
FERC Environmental Assessment for the Project, which was issued on [insert date], may be viewed on
FERC’s website at
www.ferc.gov
(search eLibrary; Docket Search; [insert project number]).
On [insert date], Applicant requested a State water quality certification (SWQC) from the Pennsylvania
Department of Environmental Protection (PADEP), as required by Section 401 of the Clean Water Act
(33 U.S.C. § 1341), to ensure that the construction, operation and maintenance of the Project will protect
water quality in Pennsylvania consistent with the requirements of State law and the Clean Water Act.
The Project includes approximately [insert length mile/foot] long, [insert pipe size]-inch pipeline to
transport natural gas from [describe location] to [describe location]. The Project, as proposed, will
require approximately [insert area] acres of earth disturbance, and impacts to [insert total length] linear
feet of [insert stream names and classifications], [insert area] acre(s) of floodway, [insert area] acre(s) of
temporary [insert wetland type(s)] wetland impacts, and [insert area] acre(s) of [insert wetland type(s)]
permanent impacts.
PADEP published notice of its proposed SWQC in the
Pennsylvania Bulletin
on [insert date] (__ Pa.B.
___) and received __ comments from the public. PADEP has reviewed the comments received and
[describe changes made to final certification].
PADEP certifies that the Applicant will comply with Section 401 of the Clean Water Act for the portion
of the Project located in Pennsylvania by constructing, operating and maintaining the Project in
compliance with the following conditions that implement permitting programs, criteria and conditions
established pursuant to State law to protect waters of the Commonwealth:
1.
Discharge Permit – Applicant shall obtain and comply with a National Pollutant Discharge
Elimination System (NPDES) permit(s) for the discharge of water from the hydrostatic testing of
the pipeline associated with the Project pursuant to Pennsylvania’s Clean Streams Law (35 P.S.

310-2100-001 / DRAFT July 29, 2017 / Page 8
§§ 691.1 – 691.1001), 25 Pa. Code Chapter 92a (relating to NPDES permitting, monitoring and
compliance) and all other applicable regulations.
2.
Erosion and Sediment Control Permit – Applicant shall obtain and comply with an Erosion and
Sediment Control Permit(s) for earth disturbance associated with the Project issued pursuant to
Pennsylvania’s
Clean
Streams
Law
and
Storm
Water
Management
Act
(32 P.S.
§§ 680.1-680.17), 25 Pa. Code Chapter 105, and all other applicable implementing regulations.
3.
Water Obstruction and Encroachment Permits – Applicant shall obtain and comply with a Water
Obstruction and Encroachment Permit(s) for the construction, operation and maintenance of all
stream and wetland crossings associated with the Project pursuant to Pennsylvania’s Clean
Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1-693.27), and Flood Plain
Management Act (32 P.S. §§ 679.101-679.601.), 25 Pa. Code Chapter 105, and all other
applicable regulations.
4.
Other Water Quality Requirements – Applicant shall obtain any other permits, authorizations or
approvals required to construct, operate, and maintain the Project to achieve the water quality
standards in 25 Pa. Code Chapter 93, including any permits, authorizations or approvals
necessary from any interstate or international agency under an interstate compact or international
agreement that has established water quality standards applicable to surface waters of this
Commonwealth, including wetlands, more stringent than those in Chapter 93.
5.
Water Quality Monitoring – PADEP retains the right to specify additional studies or monitoring
to ensure that the receiving water quality associated with the Project is not adversely impacted by
any operational and construction process that may be employed by Applicant.
6.
Operation – Applicant shall properly operate and maintain at all times all Project facilities and
systems of treatment and control (and related appurtenances) installed to achieve compliance
with the terms and conditions of this SWQC and all required permits, authorizations and
approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate
quality assurance procedures, and the operation of backup or auxiliary facilities or similar
systems installed by Applicant.
7.
Inspection – The Project, including all relevant records, are subject to inspection at reasonable
hours and intervals by an authorized representative of PADEP or delegated County Conservation
District to determine compliance with this SWQC, including all required permits, authorizations
and approvals required by this State Water Quality Certification. The Applicant shall provide a
copy of this SWQC to an authorized representative conducting an inspection of the Project.
8.
Transfer of Projects – If Applicant intends to transfer any legal or equitable interest in the Project
or any portion(s) thereof, the Applicant shall provide a copy of this SWQC and copies of any
permits, authorizations or approvals obtained to comply with the SWQC upon the prospective
transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated
transfer and shall simultaneously inform the PADEP Regional Office of such intent. Notice to
PADEP shall include a transfer agreement signed by the existing and new owners containing a
specific date for transfer of responsibility, coverage, and liability under the SWQC and any
permits, authorizations and approvals obtained to comply with the SWQC. The new owner shall
submit to PADEP a new application form for the SWQC and any permits, authorizations and
approvals required to comply with the SWQC signed by the new owner.

310-2100-001 / DRAFT July 29, 2017 / Page 9
9.
Correspondence – All correspondence with and submittals to PADEP concerning this SWQC
shall be addressed to:
Department of Environmental Protection
[Inset Regional Office]
[Insert Contact]
[Insert Address]
10.
Reservation of Rights – PADEP may modify, suspend or revoke this SWQC if (i) PADEP
becomes aware of new facts about the Project that warrant such action; or (ii) PADEP
determines that the Applicant has not complied with the terms and conditions of this SWQC.
PADEP may require additional measures to achieve compliance with any applicable law or
regulation.
11.
Other Laws – Nothing in this SWQC shall be construed to preclude the institution of any legal
action or to relieve Applicant from any responsibilities, liabilities, or penalties established
pursuant to any applicable law or regulation.
12.
Severability – The provisions of this SWQC are severable and should any provision of this
SWQC be declared invalid or unenforceable, the remainder of the SWQC shall not be affected
thereby.
Any person aggrieved by this action may file a petition for review pursuant to Section 19(d) of the
Natural Gas Act, 15 U.S.C. 717r(d), with the Office of the Clerk, United States Court of Appeals for the
Third Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790 within 30 days
of publication of this notice, or within 30 days of receipt of written notice of this action, whichever
occurs first. Important legal rights are at stake, so you should show this document to a lawyer at once.
[Secretary’s Name],
Secretary

Back to top