Minnesota regulators grant Line 3 permitting hearing

June 4, 2020
The Minnesota Pollution Control Agency (MPCA) has granted a contested case hearing on its draft 401 water quality certification for Enbridge Inc.’s 36-in. OD Line 3 crude oil pipeline replacement project.

The Minnesota Pollution Control Agency (MPCA) has granted a contested case hearing on its draft 401 water quality certification for Enbridge Inc.’s 36-in. OD Line 3 crude oil pipeline replacement project. The contested case hearing, expected to be scheduled later this summer, will focus on Enbridge’s water crossing methods to ensure all impacted streams and wetlands are protected. Extensions of subsequent permitting will likely push the start of construction into 2021.

Enbridge is proposing to build a new crude pipeline crossing 330 miles of Minnesota to replace its existing Line 3 pipeline. The new pipeline will follow the existing 34-in. OD Line 3 pipeline from North Dakota to the Clearbrook terminal in Clearwater County, Minn. From the Clearbrook terminal eastward, Enbridge proposes that the pipeline be constructed in a new right-of-way, south of the existing Line 3, ending at an existing terminal in Superior, Wisc. Enbridge is proposing that the existing Line 3 pipeline be permanently deactivated in place.

Enbridge began operating Line 3’s Canadian segment on Dec. 1, 2019. The 14 miles of line between the Minnesota border and the Superior terminal has been built.

The purpose of the project is to address pipeline integrity and safety concerns related to the existing Line 3 and restore throughput of the line to its original operating capacity of 760,000 b/d. The existing line was built in the 1960s and has been operating at 51% capacity due to safety issues.

In addition to building the new pipeline, the project would include expansion and upgrade of the Clearwater terminal, expansion of four pump stations and construction of four new pump stations, construction of 38 mainline valves near major rivers and other sensitive areas, and cathodic protection.

To accommodate the contested case hearing, MPCA received approval from the US Army Corps of Engineers to extend its deadline for 401 certification from Aug. 15 to Nov. 14, 2020. MPCA is required by the Clean Water Act to make a final decision regarding 401 certification by Nov. 14, which is 1 year after Enbridge submitted its application.

While the contested case hearing moves forward, MPCA will continue to review comments submitted for draft air and National Pollutant Discharge Elimination System permits. Once this review is complete, the agency will use the public’s feedback to make any needed adjustments to the draft permits. After comment review is complete and any necessary changes identified, the MPCA will determine permit timelines.

For the proposed Enbridge Line 3 project, MPCA’s role in addition to 401 water quality certification involves permitting for air quality, construction stormwater, and industrial wastewater.