Underground Infrastructure - April 2023 - 8

NEWSLINE LATEST INDUSTRY DEVELOPMENTS
Army Corps Extends
Line 5 Tunnel Review,
Delaying Pipeline 18 Months
argued are an environmental overreach and a
burden to business. The vote was 227-198 to
overturn the rule.
House Republicans used the Congressional
Rendering of the proposed tunnel to house a section of
Line 5 pipeline replacement. (Image: Enbridge)
The U.S. Army Corps of Engineers (USACE)
extended its permitting review of Enbridge's
proposed Great Lakes tunnel, dealing a
setback to the Canadian company's efforts to
replace its aging Line 5 crude oil pipeline.
The proposed tunnel was designed to house
a section of Line 5 pipeline under a fourmile
stretch of the Straits of Mackinac, bored
through rock as much as 100 feet below the
lakebed. Enbridge said the decision will push
back the start of construction until 2026.
" While we are supportive of a thorough,
comprehensive and carefully considered
permitting process that ensures adequate
opportunity for review and comment, we are
disappointed with the extended timeline for
a project of this scope, " Enbridge spokesman
Ryan Duffy said in a statement.
Enbridge applied to build the $750 million
tunnel in 2020 to address concerns Line 5
could leak into the Great Lakes. The 70-yearold
pipeline carries 540,000 barrels per day
from Wisconsin to Ontario.
The USACE's Detroit District, which
is responsible for evaluating the permit
application, said it received more than 17,000
public comments during a scoping period that
ended in October 2022. It planned to publish
a draft environmental impact statement on
tunnel project in late 2023 but has pushed that
back to spring 2025.
House Votes to Overturn
Biden Administration's
Water Protection Rule
The U.S. House of Representatives voted to
overturn Biden administration rules under the
Clean Water Act that Republicans have long
8 APRIL 2023 | UndergroundInfrastructure.com
Review Act, which allows Congress to block
recently enacted executive-branch regulations.
The measure moves next to the Senate, where
Republicans hope to attract Democratic
senators wary of Biden's environmental
policies. Sen. Joe Manchin, D-W.Va., a frequent
Biden antagonist, has already pledged to
support the overturn of the rule. Biden said he
would veto the measure if it reached his desk.
The clean water rule was finalized in
December and defines which " waters of the
United States " are protected under the Clean
Water Act, the nation's primary anti-water
pollution law. The Environmental Protection
Agency and the U.S. Army Corps of Engineers
repealed the Trump administration's businessfriendly
rule that scaled back protections.
In addition to Congress' efforts to overturn it,
at least five federal lawsuits are challenging the
EPA rule. The Supreme Court is considering a
related case by an Idaho couple who have been
blocked for 15 years from building a home near
a lake after the EPA said part of the property was
a wetland that could not be disturbed without a
permit. A decision in the case, known as Sackett
v. EPA, is expected this year.
EPA to Limit Toxic 'Forever
Chemicals' in Drinking Water
The Environmental Protection Agency has
proposed the first federal limits on harmful
" forever chemicals " in drinking water, a move
the agency said will save thousands of lives
and prevent serious illnesses.
The plan would limit toxic PFAS chemicals
to the lowest level that tests can detect, 4 parts
per trillion. PFAS, or per- and polyfluorinated
substances, are a group of compounds that are
widespread, expensive to remove from water
and don't degrade in the environment.
In addition, the EPA wants to regulate the
combined amount of four other types of PFAS.
Water providers will have to monitor for PFAS.
The chemicals had been used since the
1940s in consumer products and industry,
including in nonstick pans, food packaging
and firefighting foam. Their use is now mostly
phased out in the United States.
The public will have a chance to comment,
and the agency can make changes before issuing
a final rule, expected by the end of the year.
Las Vegas Water Agency Seeks
Power to Limit Residential Use
Ornamental lawns are banned in Las Vegas,
the size of new swimming pools is capped
and much of the water used in homes is
sent down a wash to be recycled, but state
lawmakers have begun discussions over
whether to grant the power to limit what
comes out of residents' taps.
If lawmakers approve the bill, Nevada
would be the first state to give a water agency
permanent jurisdiction over the amount of
residential use. That agency, the Southern
Nevada Water Authority, manages the dwindling
Colorado River water supply to the city.
" It's a worst-case scenario plan, " said the
bill's sponsor, Assemblyman Howard Watts
of Las Vegas.
His bill would give the water authority leeway
to limit water usage in single-family homes to
160,000 gallons annually, incorporate homes
with septic systems into the city's sewer system
and provide funding for the effort. The average
home uses about 130,000 gallons of water per
year, according to the agency.
Nevada is one of seven states that rely
on the Colorado River. Deepening drought,
climate change and demand have sunk key
Colorado River reservoirs that depend on
melting snow to their lowest levels on record.
Mountain Valley Pipeline
Gets Key Approval
to Resume Construction
The U.S. Fish and Wildlife Service determined
that construction of Mountain Valley Pipeline
won't significantly jeopardize endangered
species along its path, a key ruling that
clears the way for other federal agencies to
greenlight the project.
MVP is already 94 percent complete,
according to its developers. Most of the
remaining portions of the natural gas project
involve river and stream crossings or go
through the Jefferson National Forest.
The U.S. Forest Service and the U.S. Army
Corps of Engineers are expected to finalize
their approvals this spring, now that the Fish
and Wildlife Service has ruled on the project's
endangered species impact.
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Underground Infrastructure - April 2023

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