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On March 10, 2016, the Environmental Quality Board (“EQB” or “Board”) received a citizen request for a different responsible governmental unit (“RGU”) for the environmental review of the North Dakota Pipeline Company LLC’s proposed Sandpiper Pipeline and Enbridge Energy, Limited Partnership’s proposed Line 3 Replacement Pipeline projects. More specifically, the citizen requests that the EQB relieve the Minnesota Public Utilities Commission (“Commission”) of its current RGU status for the above-entitled projects and replace it with a joint RGU consisting of the Minnesota Pollution Control Agency (“PCA”) and the Minnesota Department of Natural Resources (“DNR”).

The citizen’s request can be found below:

Pursuant to Minnesota Statutes chapter 116D and Minnesota Rules 4410, EQB has jurisdiction over RGU selection. EQB will use Minnesota Rules 4410.0500 to determine the appropriate RGU.

Minnesota Rules 4410.0500 provides for selection of the RGU for environmental reviews. Subp. 5 reads:

RGU selection generally.  For any project where the RGU is not listed in part 4410.4300 or 4410.4400 or which falls into more than one category in part 4410.4300 or 4410.4400, or for which the RGU is in question, the RGU shall be determined as follows:

A. When a single governmental unit proposes to carry out or has sole jurisdiction to approve a project, it shall be the RGU.

B. When two or more governmental units propose to carry out or have jurisdiction to approve the project, the RGU shall be the governmental unit with the greatest responsibility for supervising or approving the project as a whole. Where it is not clear which governmental unit has the greatest responsibility for supervising or approving the project or where there is a dispute about which governmental unit has the greatest responsibility for supervising or approving the project, the governmental units shall either:

(1) by agreement, designate which unit shall be the RGU within five days of receipt of the completed data portion of the EAW; or

(2) submit the question to the EQB chairperson, who shall within five days of receipt of the completed data portions of the EAW designate the RGU based on a consideration of which governmental unit has the greatest responsibility for supervising or approving the project or has expertise that is relevant for the environmental review.

Minnesota Rules 4410.0500, Subp. 6 also provides for selection of the RGU for environmental reviews and it reads:

Exception.  Notwithstanding subparts 1 to 5, the EQB may designate, within five days of receipt of the completed data portion of the EAW, a different RGU for the project if the EQB determines the designee has greater expertise in analyzing the potential impacts of the project.

At this time EQB is gathering additional information on the merits of the request to designate a different RGU for the proposed projects. Consequently, the EQB is providing a 30-day comment period, starting on Friday, April 1, 2016 through 4:30 pm on Monday, May 2, for additional information relevant to Minnesota Rules 4410.0500 and whether to designate a different RGU for the proposed Sandpiper Pipeline and the proposed Line 3 Replacement Pipeline.

Comments may be provided to EQB in writing via email at Pipelines.EQB@state.mn.us or verbally at the regularly scheduled EQB Meeting on Wednesday, April 20, 2016 from 1:00pm – 4:00pm. Board meetings are held in the lower level Board Room at the PCA office building located at 520 Lafayette Road North, Saint Paul, MN 55155.

The EQB will present a Findings of Fact, Conclusions and Order which will come before the Minnesota Environmental Quality Board at its regular meeting on May 18, 2016.

Additionally, the EQB encourages citizens to register for GovDelivery at its website: https://public.govdelivery.com/accounts/MNEQB/subscriber/new.

Staff Contact:

Courtney Ahlers-Nelson
Planning Director
Environmental Review
Environmental Quality Board
520 Lafayette Road North
St. Paul, MN 55155
Phone: (651) 757-2183
courtney.ahlers@state.mn.us