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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

In December 2021, the DNR released a Draft Environmental Impact Statement (EIS) on Enbridge's proposed relocation of the Line 5 pipeline in Ashland, Bayfield and Iron counties. The DNR received more than 32,000 public comments on the Draft EIS. These comments and other materials are available below, under Proposed Line 5 Relocation. For information on the status of the Line 5 EIS, see EIS Process and Supporting Materials.

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

Enbridge2020Map.jpg
Proposed Relocation Route & Alternatives
View larger map.

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.

Additional information regarding the segment of Line 5 within the Bad River Reservation, including a lawsuit filed by the Bad River Band, can be found in this brochure created by the Mashkiiziibii Natural Resources Department.

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.

Note: With the exception of the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), the authorities summarized below apply only to pipeline construction. Neither the DNR nor the U.S. Army Corps of Engineers have regulatory authority over the siting or operation of liquid petroleum pipelines.

U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA)

  • PHMSA sets performance standards for the design, construction, operation, maintenance and safety of pipelines that transport liquid petroleum under Title 49 Code of Federal Regulations, Parts 190-199.
  • 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).
  • 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.
  • 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).
  • 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.
  • The DNR is reviewing the proposed project for its impacts on historic and cultural resources in coordination with the U.S. Army Corps of Engineers, State Historic Preservation Office, and Tribal Historic Preservation Officers.
  • The DNR is engaged in government-to-government consultations with the Bad River Band of Lake Superior Chippewa, the Red Cliff Band of Lake Superior Chippewa, and all of the federally recognized tribes in Wisconsin (collectively) regarding the department's review of the proposed project.

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.

Draft Environmental Impact Statement (EIS)

The DNR has completed a Draft EIS to inform decision-makers and the public about the environmental and socioeconomic effects of Enbridge's proposed relocation of Line 5 and alternatives to that project.

Appendix A - Project Route Maps Appendix B - Road Use Agreements
Appendix C - Enbridge Environmental Protection Plan Appendix D - Enbridge Draft Agricultural Protection Plan
Appendix E - Enbridge Draft Blasting Plan Appendix F - Timing Restriction Waiver Request Form
Appendix G - Wetland And Waterway Crossing Table Appendix G - Wetland And Waterway Crossing Table [XLS]
Appendix H - Wetland And Waterway Crossing Maps Appendix I - Ecological Landscape Species List
Appendix J - HDD Profile Drawings Appendix K - Erosion And Sediment Control Map Drawings
Appendix L - Enbridge Motorized Recreational Trails Management Plan Appendix M - Enbridge North Country National Scenic Trail Coordination Plan
Appendix N - GLIFWC Analysis of Access to Iron County Properties Letter Appendix O - Enbridge Draft Environmental Justice Commitment Plan

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:
Public Scoping Comments Scoping Comments from Local and Tribal Governments
Emails by subject: A-F Ashland County
Emails by subject: G-K Bad River Band of Lake Superior Chippewa
Emails by subject: L-W Brothertown Indian Nation
Mailed letters City of Ashland
Postcards: 1-200 Great Lakes Indian Fish & Wildlife Commission
Postcards: 201-400 Keweenaw Bay Indian Community
Postcards: 400-553 Red Cliff Band of Lake Superior Chippewa

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:
DNR Information Requests Enbridge Information Responses
DNR Request - Nov. 3, 2020
DNR Request - Feb. 1, 2021
DNR Request - Sept. 1, 2021

DNR Request - Oct. 29, 2021

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

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.
  • 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
Tribal Comments
Bad River Band of Lake Superior Chippewa Bad River Band - List of Attachments
Bad River Band - Attachments A - C Bad River Band - Attachments D - F
Bad River Band - Attachments G - Q Bad River Band - Attachment R
Bad River Band - Attachments S - V Bad River Band - Attachments W - Y
Bad River Band - Attachments Z - AA Bad River Band - Attachment BB
Bad River Band - Attachments CC - LL Bay Mills Indian Community
Great Lakes Indian Fish & Wildlife Commission (GLIFWC) GLIFWC - Attachment 1
GLIFWC - Attachment 2 [XLS] GLIFWC - Attachment 3
GLIFWC - Attachment 4 GLIFWC - Attachment 5
GLIFWC - Attachment 6 GLIFWC - MapBook 1
Ho Chunk Nation (Legislature) Ho Chunk Nation (President White Eagle)
Lac Courte Oreilles Band of Lake Superior Chippewa (Secretary/Treasurer Shuman) Lac du Flambeau Band of Lake Superior Chippewa
Lac Vieux Desert Band of Lake Superior Chippewa Little Traverse Bay Bands of Odawa Indians
Menominee Indian Tribe of Wisconsin Midwest Alliance of Sovereign Tribes
Red Cliff Band of Lake Superior Chippewa Red Cliff Band - Spreadsheet Comments [XLS]
Red Cliff Band - Additional Comments Sokaogon Chippewa Community
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
Public Comments
Emails - from Health Care Providers Emails - re "Line 5 draft EIS MUST consider threat to water and climate"
Emails - to "Dear U.S. Army Corps and the Wisconsin DNR" Emails - to "Dear U.S. Army Corps, Wisconsin DNR, Wisconsin Land and Water"
Emails - to "Dear Wisconsin DNR teams for HDD Technical Standards and dEIS" Emails - to "Hello Wisconsin Department of Natural Resources"
Emails - various sent with attachments Emails - various sent without attachments
Emails - via Action Network Emails - via Every Action Custom
Emails - via Sierra Club, Phone2Action Emails - via WI Jobs & Energy Coalition
Emails - via WI Jobs & Energy Coalition, Make your Voice Heard Letters
Postcards - from 350 Madison & Sierra Club Postcards - from International Brotherhood of Teamsters
Postcards - re "For Our Water Climate & Wild Rice, Reject Line 5" Postcards - re "Tell the WI DNR: Reject Line 5"
Postcards - via WI Jobs & Energy Coalition - from Engineers Local 139 Postcards - via WI Jobs & Energy - from WI Laborers District Council
Postcards - via WI Jobs & Energy - from Wisconsin Pipe Trades Postcards - via WI Jobs & Energy - re "I Support Safe & Reliable Energy, Approve the Line 5 Relocation" (General)
Postcards - via WI Jobs & Energy - re "I Support Safe & Reliable Energy, Approve the Line 5 Relocation" (Northern WI) Postcards - via WI Jobs & Energy - re "I Support Safe & Reliable Energy, Approve the Line 5 Relocation" (Union Affiliated)
Postcards - via WI Jobs & Energy - re "I Want the DNR to Approve the Line 5 Project"
Applicant Comments
Enbridge, Inc. (submitted April 15, 2022) Enbridge, Inc. (re-submitted with previously missing pages, 618-649; August 26, 2022)

    5. Update and Finalize the EIS (current phase):

  • The DNR is considering all the comments it received during the public comment period, together with additional pertinent information, as it revises the Draft EIS.
  • Enbridge has 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:
Enbridge-Commissioned Spills Analysis Reports (February 2023)
Executive Summaries Construction Assessment: Sediment Discharge Modeling Report
Operations Assessment: Oil Spill Report Technical Appendix A: Probability of Failure Analysis
Technical Appendix B: Hydrocarbon Trajectory, Fate, and Effects Assessment Technical Appendix C: Hydrocarbon Route Assessment and HCA Analysis
  • 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 have requested additional information from Enbridge for the agencies' respective environmental impact analyses. These requests have been coordinated to avoid duplication. View the requests and Enbridge's responses:
Requests for Additional Information Enbridge Responses
DNR Request - Oct. 31, 2022  (regarding accidental releases of oil, natural gas liquids, and horizontal directional drilling fluids)
USACE Request - Dec. 9, 2022 (regarding environmental effects, public interest, and the discharge of fill material into Waters of the U.S.)

DNR Request - March 10, 2023 (regarding water quality)

DNR Request - Aug. 15, 2023 (regarding stormwater, erosion, and sediment control)

DNR Request - Oct. 13, 2023 (regarding water quality)​​​

DNR Request - Oct. 20, 2023 (regarding sediment transport and oil spill modeling)
DNR Request - Nov. 21, 2023 (regarding economic impacts)
DNR Request - Jan. 29, 2024 (regarding wetlands,
waterways, and water quality monitoring)
  • Further 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:
  • The DNR is conducting additional analyses for the EIS in consultation with federal and tribal agencies.
  • The DNR is continuing to hold 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 will prepare a Comment Response document summarizing public comments on the Draft EIS, along with responses to those comments, including changes to the EIS.
  • The DNR will publish the Final EIS on this web page, along with the Comment Response document and a determination of compliance with the Wisconsin Environmental Policy Act (WEPA).
  • No DNR permit decisions will be issued until after the Final EIS has been published.

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:

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.