Enbridge Pipeline Projects in Wisconsin
Enbridge, Inc. owns and operates a liquid petroleum pipeline system that spans over 17,000 miles across Canada and the U.S., including the Lakehead (U.S. Mainline) System, which has been in operation since the 1950s. Information on Enbridge's pipeline systems can be found on the company's website at Enbridge.com.
Line 5 Environmental Impact Statement and Permitting Decisions
On Sept. 6, 2024, the DNR released its final Environmental Impact Statement (EIS) on Enbridge’s proposed relocation of the Line 5 pipeline in Ashland, Bayfield and Iron Counties. Links to the EIS and supporting materials are available below under Final Environmental Impact Statement.
On Nov. 14, 2024, the DNR issued decisions related to the waterway and wetland individual permit application, water quality certification, and WPDES construction site stormwater general permit application:
Links to the permit applications and corresponding decisions are available below under Authorities in the Wisconsin Department of Natural Resources (DNR) dropdown section.
The U.S. Department of Transportation regulates pipeline safety, construction, inspection, capacity expansion, and maintenance through the Pipeline and Hazardous Materials Safety Administration (PHMSA). PHMSA is responsible for ensuring the safe and secure transport of hazardous materials, such as crude oil, to consumers by pipeline. PHMSA sets regulations that address safety in the design, construction, testing, operation, maintenance, and emergency response preparedness for petroleum pipelines and related facilities.
Pipeline construction projects often involve federal permits from the U.S. Army Corps of Engineers (USACE) for impacts to Waters of the United States. This is separate from the DNR permitting process.
DNR regulatory authorities are triggered if construction is proposed through wetlands, across waterways, and for erosion control. Certain construction projects may also trigger air permits. The DNR coordinates with USACE on wetland and waterway permitting. The DNR does not have the authority to regulate the amount of material flowing in a pipeline. No agency in Wisconsin has the authority to determine the need for or siting of petroleum pipelines.
Line 5 Relocation Project
Proposed Line 5 Relocation Project
The existing Line 5 pipeline runs from Superior to the upper peninsula of Michigan through the Straits of Mackinac and lower peninsula of Michigan to Canada. Line 5 crosses through approximately 12 miles of the Bad River Reservation of the Bad River Band of Lake Superior Chippewa. Enbridge is proposing a reroute of Line 5 around the Bad River Reservation.
Enbridge is proposing to relocate a 41-mile-long portion of its existing Line 5 pipeline with new 30-inch diameter pipe within Ashland, Bayfield, and Iron County. Enbridge must receive all necessary federal, state and local permits and approvals before construction of the proposed Line 5 relocation project can begin.
Enbridge generally proposes to use a 120-foot-wide construction right-of-way (ROW) for the new pipeline, which would allow for temporary storage of topsoil and subsoil and accommodate safe operation of construction equipment. The construction corridor would include a 50-foot-wide permanent ROW plus temporary workspaces needed to complete construction.
Authorities
The following is a list of permits, approvals and reviews anticipated to be required for the proposed Line 5 Relocation Project.
Regulatory standards for pipeline design, construction, operation, maintenance and safety are established under Title 49 Code of Federal Regulations, Parts 190-199 [exit DNR] and administered by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA).
All other authorities summarized below pertain only to the resource impacts of pipeline construction activities.
U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA)
- PHMSA monitors Enbridge's compliance through field inspections, programmatic reviews, incident investigations and corrective actions.
U.S. Army Corps of Engineers (USACE), St. Paul District
- Detailed information on USACE's review of the proposed project is available at USACE's Enbridge Line 5 - Wisconsin segment relocation webpage.
- On Feb. 10, 2020, Enbridge submitted an application to USACE for discharges of dredged or fill material in Waters of the United States, under Section 404 of the Clean Water Act (CWA), and for horizontal directional drilling (HDD) beneath the White River, under Section 10 of the Rivers and Harbors Act.
- Per Sec. 106 of the National Historic Preservation Act, USACE is reviewing the effects of the proposed project on historic properties in consultation with Tribal Historic Preservation Officers and the State Historic Preservation Office.
- Per Sec. 7 of the Endangered Species Act, the U.S. Fish and Wildlife Service is reviewing the proposed project for potential impacts on federally listed species.
- Per Sec. 401 of the CWA, the DNR and the Bad River Band of Lake Superior Chippewa are reviewing the proposed project for compliance with their respective water quality standards for waters that could be affected.
- Per Sec. 307 of the Coastal Zone Management Act, the Wisconsin Coastal Management Program is reviewing the proposed project for federal consistency with the state coastal management program.
Wisconsin Department of Natural Resources (DNR)
- On Feb. 11, 2020, Enbridge filed an application for a Wetland Fill Permit under Ch. 281.36, Wis. Stats., and Waterway Crossing permits under Ch. 30, Wis. Stats. The application can be found in the DNR's ePermitting System (docket # WP-IP-NO-2020-2-X02-11T12-18-51). The Department issued the waterway and wetland permit on Nov. 14, 2024.
- As part of its review of Enbridge's wetland permit application, the DNR is reviewing the proposed project for compliance with the State's water quality standards under Sec. 401 of the Clean Water Act. The Department issued a water quality certification on Nov. 14, 2024.
- On Sept. 9, 2020, Enbridge filed an application for a Wisconsin Pollution Discharge Elimination System (WPDES) Permit for Construction Site Storm Water. The application can be found in the DNR's ePermitting System (docket # SW-GP-NO-2020-2-X09-23T11-31-30). The Department conveyed coverage under the WPDES Construction Site Storm Water general permit on Nov. 14, 2024.
- Enbridge Line 5 Waterway & Weltand & Stormwater Permit FAQ
- On Aug. 4, 2021, Enbridge filed an application for coverage under the WPDES General Permit for Discharge related to Hydrostatic Testing of Petroleum systems.
- On Jan. 15, 2020, Enbridge submitted a State Endangered Resources Review. Enbridge also submitted an updated Review on Feb. 15, 2022.
Bad River Band of Lake Superior Chippewa
- The Mashkiiziibii (Bad River) Natural Resources Department is reviewing the proposed project for compliance with the Bad River Band's water quality standards for downstream waters within the Bad River Reservation, under Sec. 401 of the Clean Water Act.
- The Bad River Band is engaged in government-to-government consultations, respectively, with the USACE and the DNR on their reviews of the proposed project.
Wisconsin Department of Transportation
- The proposed project will require road crossing permits.
Local Governments
- The proposed project may require permits, approvals, or reviews from the applicable local authorities.
Final Environmental Impact Statement (EIS)
The DNR has completed the Final EIS on Enbridge's proposed relocation of its Line 5 pipeline in Ashland, Bayfield and Iron Counties. The EIS informs decision-makers and the public about the environmental and socioeconomic effects of Enbridge's proposed relocation project and alternatives to that project. The DNR has produced an FAQ on the Line 5 EIS.
EIS Process and Supporting Materials
The DNR's procedures for preparing an EIS are outlined in Chapter NR 150, Wis. Adm. Code. The following is a summary of the DNR's EIS process for Enbridge's proposed Line 5 relocation project. Beneath each numbered heading is a description of the process steps completed to date - together with supporting materials. These include public, tribal and agency comments, DNR and other agency requests for information, and Enbridge's responses to those requests. We are currently in the final phase of the process: Update and Finalize the EIS.
1. Public Scoping
- On June 8, 2020, the DNR issued a public notice announcing a public hearing and comment period on the proposed scope of the EIS, as represented by a draft outline.
- On July 1, 2020, the DNR held a public hearing on the proposed scope of the EIS and on Enbridge's application for a waterway and wetland permit. View the video recording.
- The DNR received over 2,100 written comments between June 8 and July 11, 2020. View these comments here:
Many of the comments received during the public hearing and comment period concerned the status of Enbridge's pending waterway and wetland permit application as "complete" and legal language in the public notice regarding the tentative determination to approve with modifications. This language is further explained in a Public Hearing FAQ.
2. Information Gathering, Analysis, and Preparation of the Draft EIS
- In August 2020, Enbridge submitted a Revised Environmental Impact Report, as part of its application for DNR wetland fill and waterway crossing permits for the proposed project.
- In August 2020, the DNR contracted with TRC Environmental Corporation to prepare a Draft EIS.
- The scope of the EIS analysis was determined based on comments received during Public Scoping and in consultation with tribal governments and federal agencies.
- Subject area experts at TRC and the DNR gathered information, conducted analyses, and drafted or reviewed portions of the Draft EIS.
- Between November 2020 and August 2021, the DNR held five joint technical meetings with staff from the Bad River-, Red Cliff- and Lac du Flambeau Bands of Lake Superior Chippewa, and the Great Lakes Indian Fish and Wildlife Commission, on topics included in the Draft EIS.
- Between November 2020 and October 2021, the DNR made four requests for information for the Draft EIS from Enbridge. View these information requests and responses here:
Additional information on the proposed project is included in materials Enbridge has submitted as part of its permit applications. Access these materials from the DNR's e-permitting system:
3. Public Review of the Draft EIS
- On Nov. 18, 2021, the DNR shared advance copies of the Draft EIS with tribal governments, federal agencies and the Great Lakes Indian Fish and Wildlife Commission (GLIFWC).
- Two tribal governments and GLIFWC submitted preliminary comments:
- On Dec. 16, 2021, the DNR posted the Draft EIS on this web page and initiated a public comment period. View the Draft EIS and Appendices below:
- On Feb. 2, 2022, the DNR held a virtual Public Hearing on the Draft EIS. Over 160 individuals testified during the ten-hour hearing. View a recording of the hearing below:
- The DNR received more than 32,000 written comments on the Draft EIS during the public comment period. These written comments are available in section 4 below (DNR Review of Public Comments).
- The public comment period concluded on April 15, 2022.
4. DNR Review of Public Comments
- The DNR received and reviewed more than 32,000 public comments on the Draft EIS. Links to the written comments are provided in the tables below starting with Federal Comments.
- Thank you to everyone who provided written comments and testified during the Feb. 2, 2022 Public Hearing (watch a recording of the hearing).
- On May 25, 2022, the DNR met with staff from the U.S. Environmental Protection Agency (EPA) to discuss EPA's comments on the Draft EIS and determine the best approach to addressing them. A follow-up meeting was held on June 8, 2022, and included staff from the U.S. Army Corps of Engineers.
- In October 2022, the DNR resumed regular technical meetings with staff from tribal natural resources agencies and the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) to share information and determine the best approach to address tribal comments.
- View all written comments received during the public comment period in the tables below:
Federal Comments National Park Service U.S. Environmental Protection Agency U.S. Forest Service U.S. Geological Survey Canadian Government Comments Alberta Ministry of Energy Government of Canada Comments from Wisconsin State Legislators Wisconsin Representative Mike Kuglitsch Local Government Comments & Resolutions Ashland County Resolution (conveyed to the DNR during Public Scoping) City of Ashland Resolution (conveyed to the DNR during Public Scoping) City of Eau Claire (Council Member Werthmann) City of Eveleth, MN (Mayor Vlaisavljevich) City of Mellen Resolution Douglas County (Board Chair Liebaert) Iron County Resolution Town of Gingles (Board Chair Colgrove) Town of Morse Resolution Town of White River Resolution Village of Lake Nebagamon (Trustee Anderson) Wisconsin Counties Association Applicant Comments Enbridge, Inc. (submitted April 15, 2022) Enbridge, Inc. (re-submitted with previously missing pages, 618-649; Aug. 26, 2022) - The DNR received and reviewed more than 32,000 public comments on the Draft EIS. Links to the written comments are provided in the tables below starting with Federal Comments.
5. Update and Finalize the EIS:
- The DNR considered all the comments it received during the public comment period, together with additional pertinent information, as it revised the Draft EIS.
- Enbridge retained RPS Group and DNV GL USA, Inc. to conduct a spills analysis. These consultants modeled the risk and potential effects of oil spills from the proposed and alternative routes, as well as inadvertent releases of drilling fluids ("frac-outs") and sediment discharged during pipeline construction at stream crossings. View the results:
- On July 27, 2022, Enbridge and its consultants met with the DNR, U.S. Army Corps of Engineers (USACE), and federal Pipeline Hazardous Material Safety Administration (PHMSA) to present their approach to spills analysis. A follow-up meeting was held on Dec. 14, 2022 with these agencies and the U.S. Environmental Protection Agency (EPA) to present the methods and preliminary findings of the analysis.
- In September 2022, Enbridge submitted a Draft Water Quality Monitoring Plan for the proposed relocation project to the DNR and USACE. This plan and the DNR's comments on it can be viewed in the table below under "Requests for Additional Information."
- Between Jan. 26 and March 2, 2023, Enbridge and its consultants held three meetings with tribal agencies, the Great Lakes Indian Fish and Wildlife Commission (GLIFWC), the DNR, and federal agencies to present their spills analysis. The final reports can be viewed in the above table "Enbridge-Commissioned Spills Analysis Reports (February 2023)."
- The DNR and USACE requested additional information from Enbridge for the agencies' respective environmental impact analyses. These requests were coordinated to avoid duplication. View the requests and Enbridge's responses:
- Further information on the proposed project is included in materials Enbridge submitted as part of its permit applications. Access these materials from the DNR's e-permitting system:
- The DNR conducted additional analyses for the EIS in consultation with federal and tribal agencies.
- The DNR held additional joint technical meetings with staff from tribal natural resources agencies and GLIFWC to share information and address tribal comments on the Draft EIS.
- The DNR prepared a Comment Response document summarizing public comments on the Draft EIS, along with responses to those comments, including changes to the EIS.
- On Sept. 6, 2024, the DNR published the Final EIS, along with the Comment Response document and a determination of compliance with the Wisconsin Environmental Policy Act (WEPA).
Previous Enbridge Project Proposals in Wisconsin
Line 3 Replacement Project
Enbridge owns and operates the 324-mile-long Line 3, originally installed in 1968 between Alberta, Canada and Superior, WI. Enbridge conducted internal inspections of Line 3 as part of its ongoing system-wide pipeline integrity program and proposed a replacement of Line 3 in Wisconsin (referred to as Segment 18).
In Wisconsin, the Line 3 Replacement project consisted of replacing approximately 14 miles of the existing 34-inch-diameter pipeline with new 36-inch-diameter pipe. In Wisconsin, the Line 3 pipeline replacement is adjacent to the existing Enbridge right-of-way from the Minnesota state border to the Superior Terminal in Douglas County.
The DNR published an Environmental Impact Statement (EIS) for the Line 3 Replacement Project. The final EIS is available at these links:
- Line 3 waterway and wetland permit and WEPA compliance determination for the Enbridge Sandpiper/Line 3 final EIS (EA-0228)
- Enbridge Sandpiper/Line 3 final EIS, Volume 1, Chapters 1 - 9 (EA-229)
- Enbridge Sandpiper/Line 3 final EIS, Volume 2, Appendices (EA-0230)
Enbridge received their necessary local, state and federal permits and approvals for the Line 3 Replacement project in Wisconsin. Construction of the Line 3 Replacement Project concluded in 2018.
Sandpiper Pipeline Project
In 2014, Enbridge applies for permits from the DNR for the Sandpiper Pipeline Project. In Wisconsin, the proposal consisted of 14 miles of new 30-inch diameter pipeline. The full project would have been approximately 616 miles long, running from North Dakota, through Minnesota to Superior, WI.
The DNR published an EIS, joint with the Line 3 Replacement Project. In a Dec. 19, 2016, letter to the DNR, Enbridge withdrew their permit applications for the Wisconsin portion of the proposed Sandpiper Pipeline project.