On May 27, APGA submitted comments to the Army Corps of Engineers (Corps) concerning Nationwide Permit-12 (NWP-12). NWP-12 is a general permit under Section 404 of the Clean Water Act. It is intended to streamline the federal permitting process for oil and natural gas pipeline activities that have insignificant environmental impacts. The Corps requested comment on their “formal review of NWP-12 to determine whether any future actions may be appropriate… for NWP-12 prior to its March 12, 2026 expiration.” This request signals the current administration’s focus on environmental justice and climate impacts in federal decision-making.
APGA’s comments reinforced some of the points previously presented in the October 25, 2017 comments:
• The environmental impacts of construction activities on waters of the U.S. should be the basis for Nationwide permits, not the products transported nor the type of construction activity.
• Incorporation of additional requirements for environmental justice and climate change factors should be applicable to all NWPs
APGA also signed comments with a group of interested trade associations. Those comments gave the following reasons why NWP-12 should remain in its current form. This is because NWP-12:
• Contributes to our national and energy security
• Ensures utility and energy reliability
• Provides the foundation for decarbonization infrastructure
• Serves customers with affordable energy
• Provides predictability and regulatory certainty for NWP-12 and other Nationwide Permits
• Maintains the existing 5-year cycle for NWP renewal
The APGA Environmental Task Group continues to monitor the NWP-12 regulatory and legal discussions. View the comments
here.
For questions on this article, please contact Erin Kurilla of APGA staff by phone at 202-464-2742 or by email at
ekurilla@apga.org.