The US Army Corps of Engineers will not remove oil pipelines from
the next five-year authorization of its streamlined permitting
program, despite opponents of the Dakota Access Pipeline and
historic preservation groups calling for more scrutiny in order to
prevent spills.
The agency released a final rule Thursday authorizing the program
through March 2022.
More than 53,000 of the 54,000 comments the Corps received about the
wide-ranging program dealt with Nationwide Permit 12, or NWP 12, a
provision that allows oil pipelines to avoid much of the federal
scrutiny that interstate natural gas pipelines undergo.
NWP 12 includes oil pipelines in its definition of utility lines
that are eligible for streamlined federal permitting authorizing
construction, maintenance and repair work in federally regulated
waters. Some projects can begin work without prior approval from the
Corps.
Other projects with certain characteristics -- including those
that cross a navigable river or run more than 500 feet in a single
water body and those that may affect sensitive cultural resources or
endangered species -- must get pre-construction authorization from
the Corps' regional office that oversees that area of the pipeline
and comply with a number of general conditions.
The Corps decided not to make any major changes to the provision.
Dakota Access Pipeline opponents like the Standing Rock Sioux Tribe
in North Dakota amplified calls to modify or eliminate NWP 12, which
would have made it more difficult for companies to site oil
pipelines.
Standing Rock Chairman Dave Archambault said NWP 12 was intended for
projects with minimal effect on the environment.
"However, as events across the country have shown, spills from oil
pipelines occur with great frequency, often with devastating
environmental effects, particularly when they occur in the aquatic
environment," Archambault said in comments on the rulemaking.
"The Corps should address this fundamental disconnect by expressly
recognizing that oil pipelines in waters of the United States
require individual permits and are not properly deemed to be utility
lines within the meaning of NWP 12," he added.
Interstate gas pipelines must get permission from the US Federal
Energy Regulatory Commission for construction and operation. During
the review, FERC looks at environmental impacts, safety standards,
market conditions and other factors. The process averages about 12
months for projects that begin a pre-filing process at least seven
months before filing for a certificate application, according to a
January study by the nonpartisan Congressional Research Service.
The Corps responded to some of the comments in the final rule,
saying it does not regulate oil and gas pipelines per se. Rather its
legal authority is limited to regulating discharges of dredged or
fill material into federal waters and work done in navigable waters.
The Corps used the example of Enbridge's 600,000 b/d Flanagan South
crude pipeline from Flanagan, Illinois, to Cushing, Oklahoma. It
said the segments subject to the Corps' jurisdiction under NWP 12
amounted to just 2.3% of the total pipeline route.
The Corps said other agencies like the Department of
Transportation's Pipeline and Hazardous Materials Safety
Administration, the Environmental Protection Agency and the Coast
Guard address pipeline operations and spills.
"We do not have the authority to regulate the operation of oil and
gas pipelines, and we do not have the authority to address spills or
leaks from oil and gas pipelines," the Corps said.
--Meghan Gordon, meghan.gordon@spglobal.com
--Edited by Keiron Greenhalgh,
keiron.greenhalgh@spglobal.com
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