Pipeline Environmental Review & Permitting Process

The Minnesota Environmental Policy Act (MEPA) requires that an environmental impact statement (EIS) be prepared for major governmental actions that have the potential for creating significant environmental impacts. To fulfill its MEPA responsibilities, the Commission has authorized the preparation of an EIS that addresses Enbridge's CN and route permit applications. The Commission has authorized Commerce's Energy Environmental Review and Analysis (EERA) staff to prepare the EIS, in cooperation with the Minnesota Department of Natural Resources and the Minnesota Pollution Control Agency.

The EIS will be issued in draft form, a draft EIS, so that it can be improved through public comment. A final EIS will be developed based on comments received on the draft EIS. Upon completion of the final EIS, public hearings will be held in the project area. The hearings will be presided over by an administrative law judge (ALJ) from the Office of Administrative Hearings. The hearings will address Enbridge's CN and route permit applications. At the public hearings, citizens will have an opportunity to submit comments, present evidence, and ask questions. After completion of the hearings, the ALJ will submit a report to the Commission with findings of facts, conclusions of law, and recommendations regarding a CN and route permit for the project. Decisions by the Commission on Enbridge's CN and route permit applications are anticipated in the spring of 2018. Click here for an environmental review and permitting flowchart.

Current Pipeline Project- Enbridge Line 3

Certificate of Need Process
State statute requires that any proposed large energy facility receive a Certificate of Need from the Public Utilities Commission. For pipelines, this means any pipeline greater than six inches in diameter and having more than 50 miles of its length in Minnesota used for the transportation of coal, crude petroleum or petroleum fuels or oil, or their derivatives; or any pipeline for transporting natural or synthetic gas at pressures in excess of 200 pounds per square inch with more than 50 miles of its length in Minnesota. (Minnesota Statute 216B.2421)

In the Certificate of Need process, the Commission determines the size and type of facility to be constructed, and the timing of when the project must be in service. The Minnesota Department of Commerce, Division of Energy Resources evaluates all pipeline projects requiring a certificate of need according to Minnesota statutes and rules. The Department of Commerce’s Energy Environmental Review and Analysis unit (EERA) conducts any environmental analysis ordered by the Commission for pipeline projects requiring a certificate of need.

Full Summary Document

For a basic outline of the Certificate of Need review process, please see the CN Flowchart for Pipelines below. For complete statute and rules, you can follow the links to the relevant resources.

CN Flowchart for Pipelines
Environmental Impact Statement Process

The Minnesota Environmental Policy Act (MEPA) requires that an environmental impact statement (EIS) be prepared for major governmental actions that have the potential for creating significant environmental impacts. To fulfill its MEPA responsibilities, the Commission has authorized the preparation of an EIS that addresses Enbridge's Certificate of Need and Route Permit applications. The Commission has authorized The Department of Commerce's Energy Environmental Review and Analysis (EERA) Unit to prepare the EIS, in cooperation with the Minnesota Department of Natural Resources and the Minnesota Pollution Control Agency.

The environmental review document will initially be issued in draft form, a draft EIS, so that it can be reviewed and improved through the receipt of public comment. A final EIS will be developed based on comments received on the draft EIS.

For more information on the Line 3 EIS, please visit the Department of Commerce’s project website.
Route Permit Process
Minnesota Statute 216G and Minnesota R. Chapter 7852 set out the routing review process applicable to pipeline projects anticipated to have significant environmental impacts. In their initial application, the applicant must identify its preferred route and at least one alternative. Once the Commission finds an application to be substantially complete to begin the review process the staffs of the Commission and EERA hold public information meetings and solicit comments on the proposed pipeline route and to solicit additional route alternatives from the public. The Commission determines which alternative routes will be considered and requests the Department of Commerce to perform the environmental review and analysis on the applicant’s proposed route and the alternative routes that have been identified. The Commission uses the criteria set out in Minnesota R. 7852.1900 in selecting a route and issuing a pipeline route permit.

For a basic outline of the Route Permit review process, please see the Route Permit Flowchart for Pipelines below. For complete statute and rules, you can follow the links to the relevant resources.

Route Permit Flowchart for Pipelines