Tag: Pipeline 5

Analysis of Alternatives to 64-Year-Old “Line 5” Pipelines Riddled with Bad Assumptions, Miscalculations





 

TRAVERSE CITY – A draft report for the State by Dynamic Risk Inc. of alternatives to Enbridge’s risky twin oil pipelines crossing the lakebed at the Straits of Mackinac is so deeply flawed, according to FLOW, a Traverse City-based Great Lakes water law and policy center, that the State cannot credibly rely on its findings to decide Line 5’s future.

“The report is unreliable and should not be used,” said Liz Kirkwood, Executive Director of FLOW. “Instead, the State should protect the Great Lakes from the potential of a catastrophic oil spill and exercise its legal authority to revoke Enbridge’s permission to use the waters and lakebed that belong to the people of Michigan.”

Prepared by Dynamic Risk Assessment Systems of Calgary – a firm with business ties to Enbridge – the study is rife with biased assumptions and technical errors that skew its findings, said FLOW representatives at a public meeting on the campus of Northwestern Michigan College.

“The process of developing these now-discredited reports has cost Michigan well over a year that should have been spent crafting a thoughtful decommissioning process that protects the Great Lakes, prioritizes citizens, businesses, and tribes, and ultimately addresses Michigan’s energy needs,” said Kirkwood, “Enbridge has been granted an extension through distraction.”

Among the draft report’s flaws:

• It completely ignores the most suitable alternative to Line 5, which is existing infrastructure. The state asked consultant Dynamic Risk to analyze it. Failure to do so taints the analysis.

• The draft report assumes that the state must guarantee that Enbridge deliver 23 million gallons of oil that is now being transported daily through Line 5, rather than protecting the energy needs of its citizens. This bias results in the tunnel option appearing as a favored report alternative.

• The draft report assumes the best-case scenario for a spill, not the worst. The consultant uses assumptions of risk that are woefully inadequate and are not credible. It estimates that an average 20 miles of shoreline would be impacted by a spill. This is just 3% of the 720-mile area the University of Michigan found vulnerable to a spill in its 2016 study.

• It significantly understates the likelihood of pipeline failure at an already-alarming 1 in 60 chance by ignoring 50 years of neglect, unsupported spans, powerful currents, and gravity. Applying DOT engineering standards and adding up the failure probability on a yearly basis gives the 2017 failure probability at 46.4% and the 2053 failure probability at 72.5%, or odds of about 3-1. These figures are far different from the Alternatives Analysis estimate of 1.6% by 2053.

• It relies on flawed economic impact modeling that unreasonably concludes that a spill in the open waters of the Great Lakes would only cost $100-200 million in damages.

• It estimates an impact to propane supply much greater than what FLOW’s independent experts have determined would be necessary to provide the Upper Peninsula’s Rapid River facility with an alternative supply. The flawed alternatives report finds that up to 35 railcars per week or 15 truckloads per day would be necessary to replace the Line 5 supply of natural gas liquids, while FLOW’s expert studies have found it would take only one railcar or 3-4 truckloads per day. Line 5 supplies only 35-50 percent of the Upper Peninsula’s propane.

“The fact is, Line 5 is not essential,” said Rick Kane, a Michigan-based hazardous materials risk management specialist advising FLOW. “The regional pipeline system can supply crude oil to Michigan and surrounding refineries while eliminating the risk that Line 5 poses to the Great Lakes,” Kane said. “Feasible and prudent alternatives exist to support domestic needs, as well as exports. However, pipeline company owners will not move to implement any alternatives as long as Line 5 operates and the public continues to carry the risk.”
Last month, the state cancelled a contract for an analysis of the financial risks associated with the Mackinac pipeline when it was disclosed an employee of contractor Det Norske Veritas worked on another project for Enbridge, creating a conflict of interest.

“The risk is far too high for State leaders to use this flawed report as an excuse for more delay, especially when there are obvious alternatives for Enbridge, Michigan, and Canada without Line 5 in the Straits,” said Jim Olson, FLOW’s founder and president and a renowned water rights attorney. “Good leadership calls for interim measures now, based on the clear authority and duties imposed on the State to protect the Straits and Great Lakes. This means prohibiting the transport of crude through Line 5, pending further proceedings and final decisions.”

After the revelation last month that Enbridge for years routinely violated a legal agreement to properly anchor its dual pipelines against the swift currents in the Mackinac Straits, FLOW argued the state of Michigan now must apply the law, stop Line 5’s oil flow, and hold public hearings as it considers the Canadian company’s application to squeeze more life out of its decaying steel infrastructure built in 1953.

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PR: State of Michigan Takes a “Holiday” from Preventing Line 5 Oil Spill Disaster in Great Lakes

FOR IMMEDIATE RELEASE                                                                                         March 9, 2017

Contact:  Liz Kirkwood, Executive Director                                               Email: Liz@FLOWforWater.org

FLOW (For Love of Water)                                                     Office: (231) 944-1568, Cell: (570) 872-4956

 

State of Michigan Takes a “Holiday” from Preventing Line 5 Oil Spill Disaster in Great Lakes

Snyder Administration Watches and Waits as the 64-year-old Dual Pipelines Missing Their Anti-Rust Coating and Structural Supports Continue to Use Mackinac Straits as a High-Risk Shortcut to Private Profits

TRAVERSE CITY, MI – The Snyder administration, in two letters (here and here) released Wednesday, indicated it will seek more information, but take no enforcement action, while continuing to accept Enbridge’s assurances that all is well with dual oil pipelines in the Mackinac Straits that the Canadian company itself has indicated are missing portions of an external, anti-rust coating and lacking 18 anchor supports to prevent the pipes from grinding and bending along the bottom and bursting.

The letters – signed by Attorney General Bill Schuette, Michigan Department of Natural Resources Director Keith Creagh, and Michigan Department of Environmental Quality Director Heidi Grether – describe “inviting” Enbridge to explain the company’s September 2016 report that identifies 19 areas along the submerged steel pipes where the anti-corrosion coating is missing. Enbridge’s report euphemistically calls the missing portions “holidays,” industry jargon for areas where the coating has worn or fallen off. The report outlines a plan for assessing Line 5’s integrity where the coating is gone and acidic waste excreted by invasive mussels that blanket the pipes could be causing corrosion.

Enbridge claims that the report is merely “hypothetical,” even though the report flatly states that the external coating is missing and the words “hypothetical” and “theoretical” are not found in the document.

“The State of Michigan is moving in slow motion to question Enbridge’s claims that its own report doesn’t mean what is plainly says,” said Liz Kirkwood, an environmental attorney and executive director of FLOW, a Traverse City-based water law and policy center dedicated to upholding the public’s rights to use and benefit from the Great Lakes. “When the pipelines finally fail, will the state invite Enbridge to explain what the thick, black substance is pouring out of the 64-year-old pipes and into the drinking water source for nearby Mackinac Island, St. Ignace, and roughly 5 million Michiganders?”

The state issued its March 8 letter in response to February 17 correspondence from the Oil & Water Don’t Mix campaign, which FLOW co-leads with several other leading organizations, that raised grave and detailed concerns about the condition of Line 5 and called for its immediate shutdown.

An Enbridge representative is expected to explain its report at the March 13 quarterly meeting in Lansing of the governor-appointed Michigan Pipeline Safety Advisory Board, whose members include Attorney General Schuette. The advisory board is overseeing the completion of two nominally independent studies funded by Enbridge: one on the financial risk to communities and the Pure Michigan economy of a Line 5 oil spill in the Mackinac Straits and the other on alternatives to the aging pipeline that could avoid such a disaster. These two studies are expected by June 2017.

Enbridge is infamous for leaking more than one million gallons of heavy tar sands oil into the Kalamazoo River watershed near Marshall, Michigan, in 2010, fouling nearly 40 miles of the river and shore, sickening numerous people, harming wildlife, and forcing more than 100 families to permanently abandon their homes and property.

The failure to adequately maintain the Line 5 pipelines, including a lack of supports to prevent bending of the pipeline – is a breach of Enbridge’s 1953 legal easement agreement with the State of Michigan that allows the company to occupy public waters and state bottomlands. The failures documented in the Enbridge report add to the mounting evidence of the unacceptable risk that this infrastructure poses to the Great Lakes.

A three-minute video of Line 5 pipelines in the Straits, researched and edited by FLOW’s engineering expert Dr. Ed Timm, reveals the physical deterioration of Line 5, with missing and dislodged coating, broken bands, detached wooden structural slats, unsupported segments, and possible rust and pitting.

In addition, a just-released technical note prepared by Dr. Timm regarding Line 5 reinforces the urgent need for the state to immediately shut down Line 5 while it evaluates the integrity of the aging infrastructure that pumps nearly 23 million gallons of oil a day through the Mackinac Straits before eventually reaching refineries in Sarnia, Ontario. Specifically, this technical note concludes the following:

  • Line 5 is not immune to corrosion and stress cracking despite its thick walls, contrary to Enbridge’s claims;
  • The asphalt enamel based coating system is compromised or missing on many areas of the pipe;
  • The extent of the coverage by invasive mussels on the pipelines makes it “impossible” to evaluate how much of the coating system is compromised;
  • The easement-required wooden slats that were designed to protect from point loads and abrasion are missing entirely on portions of the pipelines; and
  • The peak currents in the Mackinac Straits are nearly twice the maximum velocity considered when the pipeline was designed, adding significant stress;
  • A full study of the integrity of the coating system that includes a careful examination of the impact of the biofouling on the pipelines is critical to making a proper fitness-for-service evaluation.

“The evidence demands that the State of Michigan respond and fulfill its affirmative fiduciary duty,” wrote Jim Olson, an environmental attorney and FLOW’s president, in a March 9 follow-up letter to the State of Michigan. “It is not enough to stand by the sidelines and merely request additional information from Enbridge given the high risk of a catastrophic oil spill in the Great Lakes that would devastate our public drinking waters and our water-dependent economy. ‘Pure Michigan’ should not just be an advertising slogan.”

For more information, visit the FLOW website at www.FLOWforWater.org

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FINAL FLOW-Line 5 Media Release-Pipeline Coating 3-9-2017

Bipartisan Congressional Bill Offers Orderly Mechanism to Shut Down Line 5 Because of High Magnitude of Harm and Risks.

Line 5 Pipeline

The article linked below provides a good synopsis of the new federal bill H.R. 458 that would provide an orderly mechanism to shut down Line 5 if a 12-month study determines the risk is simply too significant to allow crude oil to flow through the heart of the Great Lakes.  The bill’s sponsors Congressmen Dave Trott (R) and Debbie Dingell (D) have launched a just approach to removing Line 5 because of its magnitude of harm and high risk.

It is important to remember that risk is not just inspections and probability. Risk (R) equals the magnitude of harm (H) multiplied by probability (P). When the magnitude of harm is high, like the devastation to the Straits, drinking water, communities, fishing, tribal interests, riparian landowners, resorts, including Mackinac Island, and all of the tourist related business, probability is less important. Under high risk management systems, the immediate action is to remove the high risk by implementing an alternative that reasonably accomplishes the overall purpose – in this case, transport of crude oil to refineries. Refineries exist in the South, Midwest, West, and East. The pipeline system in the U.S. and Canada is a mesh of pipelines to carry oil. Capacity exists within the system. In fact, they must because pipelines are shut down, and there must always be a backup plan. Given the age of the pipeline, 63 years, and the massive currents, and the high magnitude of harm, Enbridge needs to look for another way to move oil in cooperation with the overall system it manages. It doubled capacity when it replaced Line 6b, as part of the deal for devastating harm to Kalamazoo River fishery, ecosystem, and property owners. With this new line 6b with double the capacity, Enbridge does not need Line 5, it is time to shut it down. The bill, if passed, which it should be if Congress has any sense at all regarding the value of the Great Lakes and water resources in this country, should lead to the removal of Line 5, and finally the removal of the last crude oil line in Great Lakes waters. Let’s make sure no new crude oil pipelines or ships carry crude oil, including dilbit from Tar Sands, in, over, or on the Great Lakes. When there are existing routes, lots of companies, and the crude oil network runs on land where it is easier to inspect, twenty percent of the world’s fresh surface water should not be at risk. 

Read an article on the bill here by Garret Ellison,

OR

Read the text of H.R. 458 here.

 

As Long as Oil Flows through the Straits Pipelines, the Great Lakes Remain at Unacceptable Risk

The Great Lakes are no safer from an oil pipeline spill today despite yesterday’s release of the State of Michigan Pipeline Task Force’s 80-page report and recommendations.

The Task Force report included four recommendations directed at Enbridge’s twin 62-year-old petroleum pipelines located on the bottom of the Straits of Mackinac: (1) Ban transportation of heavy crude oil through the Straits pipelines; (2) Require an independent risk analysis and full insurance coverage for the pipelines; (3) Require an independent analysis of alternatives to the existing pipelines; (4) Obtain more inspection data from Enbridge relating to the pipelines.

Yet, oil still flows through Line 5.  The Task Force rejected shutting down Line 5 while gathering additional information on the basis that they had “inadequate information at this time to fully evaluate the risks presented by the Straits Pipelines.” (P. 57)

Impose Emergency Measures Immediately

At a minimum, however, the Task Force should impose immediate emergency measures on the pipeline given (1) potential violations of the 1953 Easement related to Enbridge’s inability to demonstrate that it has adequate liability coverage to cover all damages from an oil spill; (2) the Coast Guard’s admission that it is inadequately prepared to clean up an open water spill in freshwater let alone under frozen winter conditions; (3) Enbridge’s failure to disclose inspection, maintenance, and repair records to document internal and external corrosion rates under the Straits and inherent limitations related to inline inspection tools.

The question remains: how much more information do we need to unveil before our trustee – the State – takes swift protective action that prioritizes the paramount interests of citizens over private corporations?

The Task Force and the public have rejected the idea that the Straits Pipelines can last indefinitely.  In fact, the Attorney General Bill Schuette has declared that “the days of letting two controversial oil pipelines operate under the Straits of Mackinac are numbered.”  This is hopeful news, but every day counts, and until we have specific measures in place that prevent a catastrophic spill, the State of Michigan is placing the Great Lakes at risk.

Officials require more supports beneath oil pipes

Click here to read the article on record-eagle.com 

By The Associated Press

July 25, 2014

TRAVERSE CITY, Mich. (AP) — Two oil pipelines at the bottom the waterway linking Lakes Huron and Michigan will get additional support structures to help prevent potentially devastating spills, officials said Thursday.

Michigan Attorney General Bill Schuette and Dan Wyant, director of the Department of Environmental Quality, said they had put Enbridge Energy Partners LP on notice following the company’s acknowledgement it was partly out of compliance with an agreement dating to 1953, when the pipelines were laid in the Straits of Mackinac.

As a condition of an easement granted by the state, Enbridge agreed that support anchors would be placed at least every 75 feet. In a response last month to a lengthy series of questions about the condition of the lines from Schuette and Wyant, the Canadian company acknowledged some sections don’t meet the requirement, although the average distance between supports is 54 feet.

“We will insist that Enbridge fully comply with the conditions of the Straits Pipeline Easement to protect our precious environmental and economic resources and limit the risk of disaster threatening our waters,” Schuette said.

Enbridge spokeswoman Terri Larson said the company had agreed to add more supports, even though engineering analyses peer-reviewed by experts at Columbia University and the University of Michigan concluded previously that gaps of up to 140 feet between supports would be safe. The work will begin in early August and be completed within 90 days, she said. Afterward, the average distance between supports will be 50 feet.

“The Straits of Mackinac crossing has been incident-free since it was constructed in 1953,” Larson said. “Through even greater oversight, the use of new technology and ensuring all risks are monitored and where necessary mitigated, Enbridge is committed to maintaining this incident-free record into the future.”

The two pipelines are part of the 1,900-mile Lakehead network, which originates in North Dakota near the Canadian border. A segment known as Line 5 runs through northern Wisconsin and Michigan’s Upper Peninsula before ducking beneath the Straits of Mackinac, then continuing to Sarnia, Ontario.

The line divides into two 20-inch pipes beneath the straits at depths reaching 270 feet and carries nearly 23 million gallons of crude oil daily. The 5-mile-wide straits area is ecologically sensitive and a major tourist draw.

A June report by hydrodynamics specialist David Schwab of the University of Michigan Water Center concluded that because of strong currents, a rupture of the pipeline would quickly foul shorelines miles away in Lakes Huron and Michigan.

Larson said Enbridge began installing steel anchors for the underwater lines in 2002, replacing sandbag supports. They consist of 10-foot-long screws augured into the lakebed on either side of the pipes, holding a steel saddle that provides support. No washouts have been seen during inspections since then, she said.

Schuette and Wyant said their staffs are still reviewing Enbridge’s responses to other questions about the pipelines.

Enbridge Energy Partners is a unit of Calgary, Alberta-based Enbridge Inc.

DEQ and Attorney General Determine Enbridge in Violation of 1953 Easement

On July 1st, FLOW along with 16 conservation, water and environmental groups and the Little Traverse Bay Bands of Odawa Indians sent a letter to Michigan Governor Rick Snyder urging greater state action to regulate Enbridge’s 61 year-old Line 5, which transports some 23 million gallons of crude oil and other petroleum products under the Straits of Mackinac each day. This means that at any given moment, 365 days a year, nearly one million gallons of crude oil is flowing under the Straits. The letter pointed out potential violations in operations and public disclosure requirements established by Public Act 10 of 1953 and the Great Lakes Submerged Lands Act. Read the press release here. 

The Department of Environmental Quality (DEQ) and the Attorney General have since determined, in a July 24, 2014 letter, that the company is in violation of the 1953 easement’s spacing requirement for pipeline supports. In response, the DEQ issued Enbridge a Great Lakes Submerged Lands Act (GLSLA) permit for maintenance and structural improvements on the same day (Enbridge’s final permit No. is 14-49-0017-P). Read the official letter here.

Although this is a step in the right direction, FLOW and other groups continue to urge the Governor and the DEQ to require an occupancy agreement for the entire pipeline under the Straits of Mackinac.

A State analysis of reasonable and proper pipeline procedures is necessary given modern technology, industry standards, products being transported, and risks to our public resources. Requiring Enbridge file a GLSLA occupancy agreement would allow this analysis and fulfill this term of the easement. As trustee of the Great Lakes, Governor Snyder has the authority under the 1953 easement, Act 10 of 1953, and the common law of public trust to demand that Enbridge file such an agreement.

FLOW and the other coalition groups from the July 1st sign-on letter are planning to meet with Governor Rick Snyder’s office and the DEQ later this month to discuss the State’s vital role in regulating the Line 5 pipeline and protecting these public trust waters of the Great Lakes.

George Weeks: League of Conservation Voters acts on two fronts

Click here to read the article on record-eagle.com

By George Weeks

July 13, 2014

The Michigan League of Conservation Voters, which in recent years has shown growing clout in politics, last week exercised it on two fronts, especially in northern Michigan, where it made two of its only three endorsements in legislative primaries.

The LCV’s annual environmental scorecard gave state legislators a 2013-14 grade of “incomplete,” declaring that so far they have “stalled, roadblocked and rolled back” progress on air, land and water issues.

But LCV said, “A few leaders stand out as advocates” on those issues, including Reps. Frank Foster, R-Pellston, whose 107th district includes Chippewa, Mackinac and Emmet counties, and Wayne Schmidt, R-Traverse City, in the one-county (Grand Traverse) 104th district.

Foster was praised for sponsoring legislation “that would safeguard our lakes, rivers, and streams from over-extraction and contamination.” Schmidt was praised for introducing legislation that would remove the arbitrary cap on the amount of public land the state can own.

Four downstate lawmakers also were headlined as “Advocates.”

Two lawmakers were classified as “Adversaries,” including Sen. Tom Casperson, R-Escanaba, criticized for introducing legislation that would prohibit the Department of Natural Resources from managing public land to promote biodiversity. The other is a downstate lawmaker.

In politics, it’s one thing for interest groups to issue scorecards and press releases. Good PR, especially with like-minded voters. But one reason that the Michigan LCV is a significant player in state politics is that it makes endorsements backed up by contributions -$270,000 in the last election cycle.

On Friday, the league announced its endorsement of Foster over Republican primary challenger Lee Chatfield of Levering, and of term-limited representative Schmidt in the GOP primary for the 37th Senate district that spans both peninsulas. He’s in a lively primary with 105th district Rep. Greg MacMcMaster, who is giving up his solid Republican district to seek the Senate seat that will be vacated by Howard Walker.

“We are in serious need of strong conservation leaders in the state Legislature who will turn protections for Michigan’s land, air and water into political priorities,” said Michigan LCV Deputy Director Jack Schmitt. He called Foster and Schmidt “proven leaders on our priority issues.”In a teleconference where Schmitt announced the endorsement, a downstate reporter noted that Schmidt and MacMaster had almost identical overall records on the House floor on issues consistent with LCV positions.

Beyond the fact of Schmidt’s legislation that’s hailed by the league and opposed by MacMaster, Schmitt said MacMaster advocates “we gut Michigan’s Michigan’s Natural Resources Trust Fund.”

MacMaster Friday defended his positions and said there needs to be more analysis of the implications of “more land purchases by the state.”

Pipeline Warnings

LCV Executive Director Lisa Wozniak joined leaders of 18 Michigan environmental organizations in sending an 18-page letter to Gov. Rick Snyder urging him to “swiftly address” issues regarding 61-year old underwater Enbridge oil pipelines running through the Straits of Mackinac.

A University of Michigan research scientist has said rupture of the lines would be “the worst possible place for a spill on the Great Lakes.

Traverse City attorney Jim Olson, president and founder of For Love of Water (FLOW), said the groups want Snyder “to take lead as chief trustee of our Great Lakes and require Enbridge to submit an application for complete review” of its lines.

The letter said: “These twin 61-year-old pipelines located in the heart of the Great Lakes are one of the greatest threats to our water, our economy, and our Pure Michigan way of life.”

The letter, whose signatories include the high-profile Michigan Environmental Council, said, “The Straits of Mackinac are held by the State in trust for its citizens. The powerful underwater currents and extreme weather conditions at the Straits make them ecologically sensitive and would make cleanup or recovery from a pipeline spill especially difficult.”

The National Wildlife Federation estimates such a spill could release up to 1.5 million gallons of oil in just eight minutes. The 2010 Enbridge spill in the Kalamazoo River and Talmadge Creek near Marshall released about 800,000 gallons of crude from an underground pipeline — and only now is the cleanup nearing completion.

Snyder would be wise to mobilize his administration in positive response to the letter.

George Weeks, a member of the Michigan Journalim Hall of Fame, for 22 years was the political columnist for The Detroit News and previously with UPI as Lansing bureau chief and foreign editor in Washington. His weekly Michigan Politics column is syndicated by Superior Features.

 

 

U-M computer model shows Straits pipeline break would devastate Great Lakes

Click here to read the article on Detroitfreepress.com

By Keith Matheny – Detroit Free Press Staff Writer

July 10, 2014

A rupture of 61-year-old, underwater oil pipelines running through the Straits of Mackinac would be “the worst possible place” for a spill on the Great Lakes, with catastrophic results, according to a University of Michigan researcher studying potential impacts of a spill.

David Schwab, a research scientist at the U-M Water Center, retired from the National Oceanic and Atmospheric Administration, where he studied Great Lakes water flows and dynamics for more than 30 years. He’s the author of a new study done in collaboration with the National Wildlife Federation looking at different scenarios for potential oil spills in the Straits from Canadian oil transport giant Enbridge’s Line 5.

“I can’t think — in my experience — of another place on the Great Lakes where an oil spill would have as wide an area of impact, in as short of time, as at the Straits of Mackinac,” Schwab said.

Line 5 is a set of two oil pipelines that runs from Superior, Wis., through the Upper Peninsula, underwater through the Straits and then down through the Lower Peninsula before connecting to a hub in Sarnia, Ontario. The lines transport about 23 million gallons of oil and other petroleum products, such as natural gas liquids, through the Straits daily.

A July 2010 spill near Marshall caused by a ruptured Enbridge pipeline, and concerns about the underwater pipeline through the Straits, already has prompted state and federal scrutiny. Michigan U.S. Sens. Carl Levin and Debbie Stabenow have sought information on Line 5, as have several members of Congress. And state Attorney General Bill Schuette and Michigan Department of Environmental Quality Director Dan Wyant late last month announced they will cochair a multiagency government task force to look at petroleum pipelines and the health, safety and environmental issues they potentially pose in Michigan.

Part 1: Three years after oil spill, a slow recovery haunts Kalamazoo River

Part 2: Enbridge’s expanded oil pipeline draws ire of homeowners in its path

Schwab looked at six different scenarios — and all spelled a catastrophe for the lakes. That’s due in large part to the Straits of Mackinac being “really, a strange place on the Great Lakes,” he said. The strength of water flowing through the Straits is 20 times the amount necessary to keep Lakes Michigan and Huron at the same water level, he said. And the flows go in both directions — sometimes from Michigan to Huron, sometimes from Huron to Michigan — and change directions every few days.

Schwab created six animation models looking at what would happen if Line 5 ruptured at the northern, middle and southern end of the Straits — both at times when the water is flowing into Lake Michigan and when it’s flowing into Lake Huron. His projection was for a 1 million gallon oil spill lasting 12 hours.

“One million gallons is conservatively the amount of oil that resides in the pipelines in the Straits at any time,” he said.

The spill scenarios show that, depending on current directions, a spill could be transported eastward into Lake Huron, westward into Lake Michigan and move back and forth through the Straits several times. Shoreline areas most impacted would be Mackinac Island, Bois Blanc Island and the Lake Huron shoreline east of Mackinaw City. Contamination could spread as far west as Beaver Island in Lake Michigan to Rogers City in Lake Huron, the study found.

“What this report shows is (that) a significant oil spill in the Straits would be an ecological disaster for the Great Lakes,” said Andy Buchsbaum, regional executive director for the National Wildlife Federation. “It would severely impact shipping and tourism.”

Such a spill would severely damage “the Great Lakes brand,” Buchsbaum said. “The Straits of Mackinac are iconic. They are what many people think of when they think of the Great Lakes. It would be a death blow for the Great Lakes ecology and economy.”

Line 5 is older than an Enbridge oil pipeline that ruptured near Marshall in July 2010, causing the largest inland oil spill in U.S. history and necessitating a $1-billion cleanup of the Kalamazoo River and Talmadge Creek that is still not complete.

Enbridge spokesman Jason Manshum said the company shares the National Wildlife Federation’s “views on the critical nature of the Great Lakes ecosystem in general, and the Straits in particular.” This new report will advance “continued and meaningful discussion on pipeline safety in the Straits,” he added.

Manshum noted that Line 5 “has been incident-free since it was constructed in 1953, and through even greater oversight, the use of new technology and ensuring all risks are monitored — and, where necessary, mitigated — Enbridge is committed to maintaining this incident-free record into the future.”

Contact Keith Matheny: 313-222-5021, kmatheny@freepress.com or on Twitter @keithmatheny

Environmental groups demand Governor and State take immediate action to protect the Great Lakes from hazardous Enbridge Mackinac Straits oil pipeline

July 2, 2014

FOR IMMEDIATE RELEASE

Contact: Liz Kirkwoood, Executive Director

231 944 1568 or liz@flowforwater.org

 Michigan Governor Snyder urged to exercise full authority over Enbridge Pipeline No. 5 under public lands easement agreement and Great Lakes Submerged Land Act 

Traverse City – 17 Conservation, water and environmental groups and the Little Traverse Bay Bands of Odawa Indians today sent a letter to Michigan Governor Rick Snyder urging greater state action to regulate Enbridge Pipeline No. 5. The 61 year-old pipeline transports nearly 23 million gallons of crude oil and other petroleum products under the Straits of Mackinac each day.

The letter points out potential violations in operations and public disclosure requirements established by Public Act 10 of 1953 and the Great Lakes Submerged Land Act. Public Act 10 granted the Michigan Department of Conservation public trust authority to allow this particular easement on public trust bottomlands and waters of the Great Lakes provided they are “held in trust.”

The letter cites the lack of disclosure and transparency by Enbridge and the failure of the State of Michigan to enforce accountability and compliance consistent with the requirements of the public trust in the waters and bottomlands of the Great Lakes.

“The lack of information leaves too many questions; it makes it impossible to truly assess the risk of a devastating crude oil spill under the Straits of Mackinac, “said Liz Kirkwood, Executive Director of FLOW and a principal author of the report. “For instance, the 1953 easement agreement sets the maximum operating pressure of pipeline No. 5 at 600 psig. Data from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), show that Enbridge’s maximum operating pressure significantly exceeds 600 psig, and instead typically runs at nearly twice the allowed pressure at about 1000-1250 psig. We have to get to the bottom of this and other crucial safety questions. ”

 Enbridge had a catastrophic spill on its pipeline near the Kalamazoo River in 2010, causing severe environmental impacts and massive cleanup costs.

“We urge you, the Attorney General, and Department of Environmental Quality (DEQ) to fully assert your authority under the easement, Public Act 10 of 1953, the GLSLA, and public trust law to ensure that any use by Enbridge of Line 5 under the Straits does not, and will not likely, subordinate, interfere with, or impair these public trust waters and bottomlands or the public use and enjoyment of these waters  so essential to the quality of life and economy of Michigan,”  the letter states.

The groups praised the Michigan Attorney General and the Department of Environmental Quality for their joint April 29, 2014 letter to Enbridge. Recognizing that the Straits pipeline present a “unique risk” and an overwhelming magnitude of harm to the Straits, Lake Michigan-Huron, the ecosystem, and the public and private use and enjoyment that depend on them, the Attorney General and DEQ demanded that Enbridge provide critical detailed information about:  pipeline construction, modification, useful life and replacement, (2) existing and potential future uses of the pipelines, (3) pipeline inspection, (4) pipeline leak prevention, detection, and control, (5) contingency planning and spill response, (6) compliance with easement terms, and (7) access to Enbridge records under the easement.

“We appreciate the recognition by the Attorney General and the DEQ of the State’s public trust or stewardship responsibilities to protect these waters, bottomlands, and public uses from potential harm and risk associated with Line 5,” said Jim Olson, founder of FLOW, a Great Lakes water policy center. “But even if Enbridge complies with the requests of the Attorney General and DEQ in this letter, it will not have fully complied with the terms of the easement, Public Act 10, the GLSLA, or public trust law that protects the integrity of the Straits and Great Lakes.”

In the April 29 letter, the Attorney General and the DEQ state, “Strong currents in the Straits could rapidly spread any oil leaked from the pipelines into both Lakes Huron and Michigan, causing grave environmental and economic harm. Efforts to contain and clean up leaks in this area would be extraordinarily difficult, especially if they occurred in winter or other severe weather conditions that commonly occur at the Straits.” These currents could rapidly move this oil spill plume throughout Lake Michigan-Huron.

“The Great Lakes supply drinking water to 42 million people,” said Howard Learner, Executive Director of the Environmental Law & Policy Center. “We can’t afford another potential Enbridge oil pipeline spill like what happened in the Kalamazoo River.   Let’s work to try to prevent another costly disaster. All of the Great Lakes states have a vital stake in avoiding oil spill hazards in the Straits of Mackinac.”

The letter urges the Governor, Attorney General and DEQ to fully exercise authority under the easement, Public Act 10 of 1953, the GLSLA, and public trust law to ensure that any use by Enbridge of Line 5 under the Straits: “does not, and will not likely, subordinate, interfere with, or impair these public trust waters and bottomlands or the public use and enjoyment of these waters – so essential to the quality of life and economy of Michigan.”

The letter enumerates four necessary next steps:

  1. Submit the information the AG and DEQ requested in their April 29 letter and make such information available to the public;
  2. Disclose in detail all oil and other liquids or substances that have been, are, or will be transported through Line 5 pipelines under the Straits;
  3. File a conveyance application for authorization from the DEQ under the GLSLA and public trust law, coupled with a comprehensive analysis of likely impacts on water, ecosystem, and public uses in the event of a release, and demonstrate that Line 5 will conform with the State’s perpetual public trust duties and standards for occupying and using the waters and bottomlands of the Straits and Lake Michigan-Huron; and
  4. Achieve full compliance with all express terms and conditions of the easement.

Enbridge recently increased Line 5 pipeline product flow under the Straits by 10 percent from 490,000 to 540,000 barrels per day, or 2.1 million gallons per day. Enbridge increased Line 5’s pipeline pressure by 20 percent, depending on the viscosity of the product being pumped and transported.  Enbridge has increased the transport of oil in this aging 61-year-old pipeline containing heavy oil characteristics or compounds from tar sands.

“The effects of a catastrophic spill under the Straits would devastate the tourism industry so vital to the economy of northern Michigan,“ said James Clift, Policy Director of Lansing-based Michigan Environmental. The effects of a catastrophic spill under the Straits would devastate the Straits and Mackinac Island as an international attraction, the tourism industry so vital to the economy of Michigan.”

The State of Michigan has not yet conducted a proper public trust analysis under common law, the GLSLA, Constitution or Michigan Environmental Protection Act (“MEPA”). Mandatory evaluation is required under the law to determine whether or not the occupancy and use by Enbridge of Line 5 is “likely to pollute, impair or destroy the air, water or other natural resources or the public trust in these resources,” according  to Kirkwood.  In other words,  Enbridge must affirmatively prove that this five-mile submerged pipeline,  with its recent oil and product changes and increased volume and pressure will not likely harm public trust waters, the ecosystem, and uses for fishing, commerce, navigation, recreation, and drinking supplies that depend on these waters.

“Michigan residents need to get active and make it known they demand accountability,” said Jim Lively, Michigan Land Use Institute.

Environmental and conservation advocates have long been frustrated by the lack of information available about Line 5. The letter points out that the public trust requires complete transparency, disclosure, and accountability on the part of Enbridge. The State of Michigan has unfettered authority to demand such transparency, disclosure, and accountability.

The Great Lakes hold 20 percent of the world’s fresh surface water.

A copy of the full letter is available here.

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FLOW is the Great Lakes Basin’s only public trust policy and education 501(c)(3) nonprofit organization. Our mission is to advance public trust solutions to save the Great Lakes.