.lohn it. ltasich, Governor Mary Taylor, Lt. Governor tireig w. gutter, Director . Ohio Environmental Protection Agency May 5, 2017 CERTEFBEO MAM. lVls. Cheryl A. LaFleur Acting Chairperson Federal Energy Regulatory Commission 88 First Street, NE Washington, DC 20426 RE: Rover Pipeline, LLC Dear Ms. LaFleur: As you may be aware, the recently commenced Rover Pipeline, LLC project has suffered from numerous inadvertent returns of bentonite slurry at a number of locations throughout the State of Ohio. The largest of these returns has led to the discharge of several million gallons of bentonite slurry into a high-quality Category 3 wetland. These returns have contributed to violations of Ohio?s water quality standards. in addition, various sites have failed to adequately control storm water runoff from pipeline construction activities, which have also contributed to violations of Ohio?s water quality standards. Ohio considers these discharges-to be unauthorized impacts to waters of the state in violation of Ohio Revised Code 611104, which prohibits any person from causing pollution or placing or causing to be placed any other wastes in a location where they cause pollution of any waters of the state without a valid, unexpired permit issued by the Director of Ohio EPA. Additionally, the pipeline project has resulted in at least one instance of impermissible Open burning, which is a violation of Ohio Revised Code 3704.03. Ohio?s water pollution and air pollution control statutes are federally delegated or approved programs that Ohio has long implemented and enforced. in recent discussions with Rover Pipeline, have indicated that these violations should be resolved through the negotiation of the enclosed Director?s Final Findings and Orders (?Orders?). These proposed Orders are effectively a settlement agreement between the parties that would resolve the violations without Rover admitting to any violation of law or waiving any defense. However, in discussions with Rover, they have taken the position that Ohio has no authority to enforce violations of its federally delegated state water pollution control statutes, water quality standards, or air pollution control statutes. In other words, Rover has stated that federal law completely Ohio frorn taking any action and enforcement authority is within the sole jurisdiction of FERC as conditions of the Certificates issued by FERC on February 2, 2017. Ohio EPA strongly disagrees with Rover?s position. Further, Ohio EPA has discussed this issue with your legal staff and 50 West Town Street Suite 700 PO. Box 1049 Columbus, Oil 43216?1049 epaohiogov a (614} 6446020 (614} 6443184 {fax} Rover Pipeline, LLC Director?s Final Findings and Orders Page 2 while your staff has been clear that Ohio EPA cannot order a cessation of drilling operations, it does have the authority to pursue enforcement of its federally delegated environmental laws. Ohio EPA is pursuing its legal options to hold Rover responsible for the violations of the state?s federally delegated environmental laws and to ensure that future drilling operations are conducted in a manner which is protective. These options include Orders which were sent to Rover today. in light of Rover?s restarting drilling operations today and Rover?s position that the state is without any authority to address violations of environmental laws, we are asking FERC to review the matter and to take appropriate action in the most expeditious manner to ensure that Rover is held responsible for the violations and is conducting its ongoing drilling operations to ensure protection of human health and the environment. Your help is greatly appreciated and if you need any additional information, please do not hesitate to contact me, Enclosures ec: Todd Anderson, Legal Bill Fischbein, Legal Drew Bergman, Legal