Tag: State of Michigan

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

End Enbridge Stonewalling

Observations by some that the State of Michigan has no regulatory authority over hazardous liquid pipelines is correct to the extent that it is understood in the context of  safety regulations — standards, inspection and enforcement; safety code enforcement is covered by the federal PHMSA law, regulation and agency.  However, it is not true that Michigan does not have authority to demand the information Enbridge keeps under its control, and it is not true that Michigan does not have enforcement authority.

As concluded by the Michigan Petroleum Pipeline Task Force Report, 2015, Michigan has authority under the 1953 Easement, including the continuing obligation of Enbridge to conduct itself with prudence at all times, and it has authority under:

(1) its sovereign ownership of bottomlands and waters of the Great Lakes since statehood in 1837 under “equal footings” doctrine. Michigan took title in trust to protect the basic rights of citizens as beneficiaries of a public trust imposed on the state.  This means the state has authority and duty to take actions to protect the public trust as a matter of its “property and public trust power,” whether or not it passes regulations on hazardous liquid pipelines or not.  Under public trust authority and principles, the state cannot transfer or shift control over waters and bottomlands held in trust to any private person or corporation; the retention of information by Enbridge that is required to protect the public trust or to determine whether the public trust is threatened with high unacceptable harm or risk violates this public trust principle, and the Attorney General can demand and take all action necessary to compel Enbridge to turn it over, indeed, even the easement recognizes and is subject to this public trust.

(2)  The Michigan Public Service Commission has authority over siting and locations of crude oil pipelines like Enbridge’s and others.  Anytime Enbridge or some other corporation applies for a change or improvement to the structure it regulates as to siting, including its consideration of risks to property and health or environment and alternatives, the MPSC has authority to demand all relevant information needed to  make a decision on the application for such change.  Unfortunately, the MPSC has not insisted on the full range of information it could demand, including alternative pipeline routes and capacity to Line 5 in the Straits of Mackinac when it doubled capacity for Enbridge’s new replacement for the failed Line 6B that ruptured into the Kalamazoo River in 2010.

(3) Finally, the Michigan Environmental Protection Act, Part 17,  NREPA, imposes a duty to prevent and minimize harm to air, water, and natural resources, and this includes the right to take action where necessary when a corporation’s actions are contrary to this duty to prevent and minimize harm; the MEPA, as it’s  often called, is derived from Art 4, Sec. 52 of the Michigan Constitution.

So while Michigan ponders the aging or new pipeline infrastructure for hazardous liquids and crude oil, the state, including the Attorney General, have the authority to take immediate action to prevent the high risk of Line 5 or other pipelines.  And, where that risk involves the devastating harm that undoubtedly may occur in the Straits, action should be taken immediately pending the coming one to two years of pondering.  In short, there is no legal excuse or justification for Governor Snyder, Attorney General Bill Schuette, or the Department of Environmental Quality to put up with Enbridge’s self-serving stonewalling on disclosure of all information related to its Line 5 hazardous crude oil pipeline.  And, there is no excuse or justification for our state leaders to delay action to eliminate the unacceptable harm from the Straits or other Michigan waters from Line 5.