It added however that this action is being made 'without prejudice', meaning that the applicant may reapply for the certification, and submit more information that could result in a different decision.
DEQ denied the requested water quality certification at this time due to insufficient information to demonstrate compliance with water quality standards, and because the available information shows that some standards are more likely than not to be violated.
Specifically, DEQ’s concerns, among others, include:
- Expected effects of the construction and operation of the proposed pipeline and associated road and work areas on water temperature and sediment in streams and wetlands;
- The risk of release of drilling materials from the construction of the proposed crossing of the Coos Bay estuary.
Through further analysis, and possibly through project changes and mitigation, the applicant may be able to show the standards for certification will be met, but the current record does not allow DEQ to reach that conclusion today
If Jordan Cove resubmits an application along with information addressing DEQ’s concerns, DEQ said that it will work to keep the timing of its review in line with the overall federal schedule for the project. However, it explained that this will depend on the applicant submitting the requested information in a timely manner.
DEQ was to make its decision on certification in September, but it accelerated the schedule in order to ensure that it does not unintentionally waive Oregon’s authority to review the water quality impacts of the proposed project.
DEQ requested additional information from Jordan Cove in September 2018, December 2018 and March 2019 relevant to the project’s effect on water quality. Jordan Cove has provided some, but not all, of the information requested.
Jordan Cove’s project calls for an LNG export facility in Coos Bay and would include a 229-mile, 36-inch diameter pipeline from Malin in Klamath County to the facility in Coos Bay.