Underground Construction - June 2022 - 15

dynamics resulting from changes in demand.
Other new standards of note include:
* Establishing writt en procedures for identifying and
responding to a rupture.
* Responding to an identifi ed rupture by closing RMVs or
alternative equivalent technology, to provide complete valve
shut-off and segment isolation as soon as practicable, but no
more than 30 minutes aſt er rupture identifi cation.
* Performing post-event reviews of any incidents/accidents
or other failure events involving the closure of RMVs
or alternative equivalent technologies to ensure the
performance objectives of this rule are met and to apply any
lessons learned system-wide
* Performing maintenance on RMVs and alternative equivalent
technology, which includes drills for alternative equivalent
technology that is manually or locally operated
* Remediation measures for repair or replacement of inoperable
RMVs and alternative equivalent technologies, including any
that cannot maintain shut-off , as soon as practicable.
NWP 12: Up for review again
Th e Army Corps of Engineers is undertaking a review of
Nationwide Permit (NWP) 12, which allows gas and oil pipelines
to avoid a lengthy, expensive environmental review when building
facilities near wetlands. Th e Corps held virtual hearings around
the country during May to determine whether NWP 12, one of
about 50 NWPs, ought to be made harder to get because it confl
icts with President Biden's Executive Order from January 2021.
Th at Executive Order said it was the Biden administration's
policy to " listen to the science " and to further a laundry list of
environmental objectives related to clean air and clean water, in
addition to holding " polluters accountable, including those who
disproportionately harm communities of color and low-income
communities. " NWP 12 expires in March 2026.
In the last days of the Trump administration, the Corps split
NWP 12 into three separate NWPs - one for oil, gas and petrochemicals
(which remained as NWP 12); one for electric utility
lines and telecommunications activities (which is now NWP
57); and one for utility line activities for water and other substances
(now NWP 58). INGGA opposed that trifurcation.
Th e January 2021 NWP 12 removed several preconstruction
notifi cation (PCN) requirements, but also included an
additional one for new oil or natural gas pipelines greater than
250 miles in length. Opposed to this new requirement, INGGA
wanted the Corps to keep all the PCNs as they existed in 2017,
the last time NWP 12 changes were issued.
NWP 12 had recently become controversial. In April 2020
opponents of the Keystone XL pipeline convinced a federal
judge to issue a nationwide injunction against the use of NWP
12, because the Corps did not dig deep enough into potential violations
of the Endangered Species Act when issuing the Keystone
XL NWP 12 permit. In July 2020, the Supreme Court stayed that
injunction for all project developers, except Keystone XL.
In its notice announcing the review, the Corps asked for
input on a number of questions. Th ose included whether the
NWP 12 should be tightened so that projects lead to " no more
than minimal individual and cumulative adverse environmental
eff ects. " Other questions were should more be done to involve
environmental justice communities in NWP 12 proceedings,
and should there be diff erences in the way the Corps handles
NWP 12 applications for gas and oil pipelines? UC
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Underground Construction - June 2022

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