Regulatory Submissions

On May 27, 2022 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 our October 25, 2017 comments:

• The environmental impacts of construction activities on waters of the US 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. 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