Enbridge Line 3 comment period extended by one week. New deadline: April 10

401 certification for Enbridge Line 3

Public comment period now open

The public notice period for 401 water quality certification is now open. The public notice, draft 401 Water Quality Certification, and preliminary antidegradation determination can be viewed above or on the MPCA’s public notice webpage. To be part of the official record, comments must be in writing and received by 4:30 PM on Friday, April 10, 2020.

Submit comments online: http://401wqc.mpca.commentinput.com/

Submit comments by mail:

Enbridge Line 3 Public Comments
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155-4194

Since Enbridge proposes to alter (fill and/or excavate) protected wetlands for the Line 3 project, the company has applied for a permit under Section 404 of the federal Clean Water Act (CWA), governing placement of dredged or fill material into wetlands.  Section 404 permits are issued by the US Army Corps of Engineers, which oversees such activities. 

The 404 permit requires the applicant to also request a water quality certification from the state under CWA Section 401. This allows the state (in this case the MPCA) to review the proposed activity in order to determine if it will comply with applicable water quality standards, and identify any conditions needed to ensure compliance. If the review finds that water quality will be protected, the 401 certification is issued and the certification and conditions become part of the 404 permit.

The MPCA follows the general process below for processing 401 certification requests. Steps in green indicate opportunities for public participation in the process. 

Red current status arrow pointing to public comment period on timeline

Current status

On Friday, November 15, 2019, the MPCA received a new request for 401 certification for the Line 3 replacement project.

Certification request and supporting documents

Previous documents

More on 401 Certification