Enbridge to excavate pipelines for Clean Water Act compliance under proposed consent decree

By Mary Holcomb, Digital Editor

(UI) — The Department of Justice lodged a proposed Eighth Modification of Consent Decree with the United States District Court for the Western District of Michigan in the lawsuit United States v. Enbridge Energy, Limited Partnership, et al., Civil Action No. 1:16-cv-914.

This modification pertains to a 2017 Consent Decree addressing claims under the Clean Water Act and Oil Pollution Act stemming from 2010 oil spills near Marshall, Michigan, and Romeoville, Illinois.

The proposed Eighth Modification introduces several key changes. Firstly, it mandates Enbridge to investigate circumferential crack features in four pipelines, deploying specialized inspection tools and initiating a new excavation program. These efforts aim to assess and repair potential threats posed by circumferential cracks more effectively than before.

Secondly, the modification revises assessment methods tailored to circumferential crack features, addressing unique stress factors that could lead to failures. It expands these methods beyond the pipelines initially identified to include previously discovered features, ensuring comprehensive mitigation.

Thirdly, adjustments in repair and mitigation timelines differentiate between circumferential and axially-aligned cracks, providing more flexibility in pressure restrictions based on crack growth rates.

Fourthly, the Eighth Modification eliminates certain requirements related to evaluating the remaining life of non-repairable circumferential cracks and future inspections using ILI tools.

Lastly, the modification proposes revisions to the Termination Section, allowing Enbridge to seek early termination of specific requirements related to circumferential crack management, subject to approval and oversight.

Public comments on the proposed Eighth Modification are invited until thirty days from the publication date. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, referring to D.J. Ref. No. 90-5-1-1-10099.

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