Updates Jan. 15 with District changing voting venue to Tamitik
The Kitimat Northern Gateway plebiscite question as projected at the Council Chambers Jan 13, 2014. (Northwest Coast Energy News)
District of Kitimat Council voted Monday night to hold the plebiscite on the Northern Gateway project on Saturday April 12, with advance polls April 2 and April 9. Voting will be held at the Tamitik Jubilee Sports Complex and Mt. Elizabeth Secondary School with special voting at Kiwanis Village, Kitimat General Hospital, Mountain View Multi-care and Delta King Place.
The ballot question, as moved by Councillor Mario Feldhoff is:
Do you support the final report recommendations of the Joint Review Panel of the Canadian Environmental Assessment Authority (sic) and the National Energy Board, that the Enbridge Northern Gateway project be approved subject to 209 conditions set out in Volume 2 of the JRP’s final report?
Eligible residents will have the choice of voting yes, no or undecided.
Whether or not there will be other questions on the ballot was deferred to staff to consider issues such as the refinery proposed by David Black and possible marine components. The staff report will be presented at the next regular meeting of council on January 20.
Councillor Rob Goffinet said the question was confusing, calling it “The Quebec referendum on steroids.” Councillor Phil Germuth also argued for a simpler question, while Feldhoff, who proposed the question, maintained it was clear. The remainder of council were in favour of the question and some councillors also said the time between now and April would give Kitimat residents time to read and digest the almost 500 pages of the Joint Review Report.
Councillors Feldhoff, Mary Murphy, Edwin Empinado and Mayor Joanne Monaghan voted in favour of the wording. Germuth, Goffinet and Corrine Scott voted against.
Even as council was breaking up after the session, the audience were pointing out areas where there could be confusion over the question. What if someone is in favour of some, but not all the Joint Review conditions; what if someone approves the Joint Review Report but opposes the project in principle; does the question address the Northern Gateway project itself, or is it all about the Joint Review Report?
The public in Kitimat now has a week to react to the plebiscite question before the final ballot is decided at the regular meeting on January 20, when additional questions may be added. It is highly likely that given the question as it stands, there will be fierce community reaction to the question in the coming days.
Update
On January 15,Warren Waycheshen, Kitimat, Deputy Chief Administrative Officer updated the media on the voting locations saying:
We weren’t able to secure Riverlodge for all three days so the location for the April 2, 9 and 12 voting opportunities will now all be at the Tamitik Jubilee Sports Complex (400 City Centre). The April 12 location at Mt. Elizabeth Secondary School and the special voting locations are unchanged.
EPA map of river closures and dredging operations on the Kalamazoo River during 2013. (EPA)
Enbridge has missed the US Environmental Protection Agency’s deadline to clean up parts of the Marshall, Michigan bitumen spill by December 31, 2013.
Local television news, WOOD-TV says the EPA is now considering “enforcement options.”
The EPA had already granted Enbridge a 10 month extension that the company requested in March, 2013, setting the new December deadline.
In November, Enbridge requested a second extension. The EPA denied that request.
From the EPA letter it appears that, as in previous years, Enbridge is trying to avoid continuing clean up work into the winter. The EPA rejects that position, telling Enbridge it shouldn’t wait until the spring run off could spread the sunken bitumen.
The EPA says that beginning in March, 2013, “Enbridge has successfully removed oil and sediment from two of the three major impoundment areas identified in the order and from several smaller sediment trap locations.”
The letter to Enbridge, from Jeffrey Kimble, Federal On-Scene Coordinator denying the extension is another scathing indictment of Enbridge’s attitude toward the public and the cleanup, citing Enbridge failing to prepare “adequate contingency plans,” by failing to recognize the “serious opposition” the dredging plans.
Although the EPA had told Enbridge to consider alternative plans—and Enbridge claimed it did that—the EPA found the Enbridge’s own logs showed the company didn’t start considering alternatives until it was obvious that Comstock Township would reject their dredging plans.
The EPA letter also reveals that once again Enbridge is reluctant to do further cleanup work during the Michigan winter. The EPA rejects that stance, saying that “Removal of oiled sediments prior to the spring thaw will lessen the potential oiled sediment transport in the spring to Morrow Lake via increased river velocities from rain and ice melt.”
Although we recognize that the work required by the Order is unlikely to be completed by December 31, 2013, U.S. EPA believes that had Enbridge taken appropriate steps earlier as requested, it would not require an extension now. In particular, U.S. EPA believes that Enbridge has continuously failed to prepare adequate contingency plans for a project of this nature. For example, U.S. EPA acknowledges that failure to obtain a site plan approval for use of the CCP property for a dredge pad was a setback in the timely completion of the work in the Delta.
However, Enbridge failed to prepare any contingency plans recognizing the possibility of such an occurrence. Enbridge has known since at least the middle of July 2013 that there was serious opposition to its proposed use of the CCP property. When it became clear in August 2013 that opposition to the site use might delay the project, U.S. EPA directed Enbridge to “conduct a more detailed review of your options in short order.”
Although your letter claims that Enbridge “has considered such alternatives,” your logs indicate that Enbridge did not hold initial discussions with the majority of these property owners until long after the final decision to abandon plans for use of the CCP property. These contact logs do not demonstrate that Enbridge fully explored and reviewed alternative options in a timely manner so as to avoid delay in completion of the work. Although Enbridge claims that use of identified alternative properties would be denied by Comstock Township, Enbridge did not present any site plans to the Township for approval (other than use of the county park for staging of frac tanks). To the extent that any of Enbridge’s contingency plans include the use of land for dredge pads, U.S. EPA believes that Enbridge should begin multiple submissions for property use until one is accepted….
Enbridge claims that it cannot install winter containment in the Delta to prevent the potential migration of sediments to the lake. To support that claim, Enbridge has attached a letter from STS directing Enbridge to remove anchors and associated soft containment during winter monthsas these structures could damage STS’s turbines. However, none of the correspondence provided by Enbridge discusses the use of more secure containment methods, such as metal sheet piling, which may not pose the same risks as soft containment structures. Enbridge should consider using sheet piling to construct cells which would both allow winter work and contain the sediment during that work. Enbridge should therefore try to obtain access from STS for this specific work, and for other appropriate work, for the winter timeframe. Use of sheet pile cells would allow continued operations during the winter, especially in the southern zone of the Delta outside of the main river channel. Removal of oiled sediments prior to the spring thaw will lessen the potential oiled sediment transport in the spring to Morrow Lake via increased river
velocities from rain and ice melt.
Finally, U.S. EPA is unwilling to allow Enbridge to wait until after the likely spring high
velocity river flush to reinstall the E-4 containment structures. U.S. EPA has reviewed Enbridge’s modeling, which Enbridge claims supports its requested timeline, and has found it incomplete. The model has not incorporated, and does not match, field observation of flow velocities and water levels and their potential to impact upstream critical structures if containment is in place. Moreover, U.S. EPA completely disagrees with Enbridge’s assertion that there is no evidence of migration of submerged oil during high flow events. The results of three years of poling and sheen tracking demonstrate that Line 6B oil is mobile during periods of
high flow. Now that Enbridge has a five year permit from MDEQ for the E-4 containment system, U.S. EPA reiterates that this containment must be in place immediately upon thawconditions in the spring….
Although Enbridge’s proposed two phase approach may have components that can be incorporated into a final plan, it should not be considered the approved way forward. U.S. EPA believes that pausing the work cycle until new poling can be done in June or July of 2014 could again result in a wasted construction season in the Delta. Enbridge should consider and utilize a combination of techniques in the plan. For example, several dredge pad sites have been identified by Enbridge. Enbridge should obtain approval for one of these sites, or a combination of smaller sites, so as to support hydraulic dredging in conjunction with the current approved
approach and any potential dry excavation techniques. Enbridge should also consider other winter work techniques, such as cell build out and dewatering in the Delta via sheet piling.
As always, U.S. EPA will continue to work with Enbridge to develop adequate plans and complete the work required by the Order. However, nothing in this letter excuses any noncompliance with the Order nor does it serve as the granting of any extension to any deadline in the Order. U.S. EPA reserves all its rights to pursue an enforcement action for any noncompliance with the Order.
The EPA letter also calls into question the ruling of the Joint Review Panel on the Enbridge Northern Gateway. The JRP accepts, without question, Enbridge’s assurances that the company has changed its attitude and policies since the long delay in 2010 in detecting the pipeline rupture in Marshall, Michigan.
The JRP, on the other hand, accepts, without question, Enbridge’s assurances that it has expertise in winter oil recovery from a pipeline spill.
Parties questioned Northern Gateway about locating and recovering oil under ice. Northern Gateway said that Enbridge conducts emergency exercises in winter and that Northern Gateway would learn from those experiences.
Northern Gateway outlined a number of oil detection techniques including visual assessment (at ice cracks and along the banks), drills, probes, aircraft, sniffer dogs, and trajectory modelling. It said that, once located, oil would be recovered by cutting slots into the ice and using booms, skimmers, and pump systems to capture oil travelling under the ice surface.
The company said that oil stranded under ice or along banks would be recovered as the ice started to melt and break up. It discussed examples of winter oil recovery operations during Enbridge’s Marshall, Michigan incident, and said that operational recovery decisions would be made by the Unified Command according to the circumstances.
Northern Gateway said that equipment caches would be pre-positioned at strategic locations, such as the west portal of the Hoult tunnel. It said that decisions regarding the location or use of pre-positioned equipment caches would be made during detailed design and planning, based on a number of considerations including, but not limited to, probability of a spill, access, site security,
environmental sensitivities, and potential for oil recovery at the response site.
(vol 2 page 153)
In its ruling, the Joint Review Panel said
The Panel finds that Northern Gateway’s extensive evidence regarding oil spill modelling, prevention, planning, and response was adequately tested during the proceeding, and was credible and sufficient for this stage in the regulatory process.
Parties such as the Province of British Columbia, Gitxaala Nation, Haisla Nation, and Coalition argued that Northern Gateway had not provided enough information to inform the Panel about proposed emergency preparedness and response planning. The Panel does not share this view.
Northern Gateway and other parties have provided sufficient information to inform the Panel’s views and requirements regarding malfunctions, accidents, and emergency preparedness and response planning at this stage of the regulatory process.
Many parties said that Northern Gateway had not demonstrated that its spill response would be “effective.” Various parties had differing views as to what an effective spill response would entail.
The Panel is of the view that an effective response would include stopping or containing the source of the spill, reducing harm to the natural and socio-economic environment to the greatest extent possible through timely response actions, and appropriate follow-up and monitoring and long-term cleanup. Based on the evidence, in the Panel’s view, adequate preparation and planning can lead to an effective response, but the ultimate success of the response would not be fully known
until the time of the spill event due to the many factors which could inhibit the effectiveness of the response. The Panel finds that Northern Gateway is being proactive in its planning and preparation for effective spill response….
The Panel is of the view that an effective response does not guarantee recovery of all spilled oil, and that that no such guarantee could be provided, particularly in the event of a large terrestrial, freshwater, or marine spill.
The oil spill preparedness and response commitments made by Northern Gateway cannot ensure recovery of the majority of oil from a large spill. Recovery of the majority of spilled oil may be possible under some conditions, but experience indicates that oil recovery may be very low due to factors such as weather conditions, difficult access, and sub-optimal response time, particularly for large marine spills. …
To verify compliance with Northern Gateway’s commitments regarding emergency preparedness and response, and to demonstrate that Northern Gateway has developed appropriate site-specific emergency preparedness and response measures, the Panel requires Northern Gateway to demonstrate
that it is able to appropriately respond to an emergency for each 10-kilometre-long segment of the pipeline.
The Panel notes the concerns of intervenors regarding Northern Gateway’s ability to respond efficiently and effectively to incidents in remote areas, and its plan to consider this during detailed design and planning. The Panel finds that Northern Gateway’s commitment to respond immediately to all spills and to incorporate response time targets within its spill response planning is sufficient to
address these concerns. Northern Gateway said that its emergency response plans would incorporate a target of 6 to 12 hours for internal resources to arrive at the site of a spill. It also said that it would target a response time of 2 to 4 hours at certain river control points.
The Panel agrees with Northern Gateway and several intervenors that access to remote areas for emergency response and severe environmental conditions pose substantial challenges. The Panel notes that the company has committed to develop detailed access management plans and to evaluate contingencies where timely ground or air access is not available due to weather, snow, or other logistic
or safety issues.
Despite the EPA letter (which admittedly was released long after the JRP evidentiary deadline) that shows that Enbridge did not consult the people of Comstock Township, Michigan, the JRP says
The Panel accepts Northern Gateway’s commitment to consult with communities, Aboriginal groups, and regulatory authorities. The objective of this consultation is to refine its emergency preparedness and response procedures by gaining local knowledge of the challenges that would be present in different locations at different times of the year
(Vol 2 p 165-167)
The Department of Fisheries and Oceans has handed responsibility for fish and fish habitat along pipeline routes over to the National Energy Board. The same agreement also gives the National Energy Board responsibility for dealing with First Nations fisheries if a pipeline or power line crosses their traditional territory.
DFO and NEB quietly announced a memorandum of agreement on December 16, 2013, that went largely unnoticed with the release three days later of the Joint Review Panel decision on Northern Gateway and the slow down in news coverage over the Christmas holidays.
As of December 16, 2013, Enbridge no longer has to apply to DFO for permits to alter fish habitat along the Northern Gateway route. It was also on December 16 that Kinder Morgan filed its application with the NEB for the expansion of its pipeline from Alberta to Burnaby.
Fish and fish habitat along those pipeline is now the responsibility of the Alberta-based, energy friendly National Energy Board.
Applications submitted to the NEB shall be reviewed under the Fisheries Protection Provisions of the Fisheries Act to determine if impacts shall occur, and if an authorization will be required under the Fisheries Act. The NEB shall also become responsible to determine if proposed projects will impact aquatic species at risk and require permitting under the Species at Risk Act. If the NEB determines than an authorization or permit will be required, DFO shall be notified and will be responsible for issuing the authorization or permit.
This MOU better integrates the Government of Canada’s initiative to streamline application processes by eliminating the requirement for duplicate reviews.
In the “Guiding Principles” of the memorandum of understanding between DFO and NEB, the first provision is
The Parties will use the provisions of this MOU to support the Government of Canada’s regulatory process improvement objectives through coordination to:
Facilitate effective and efficient use of government resources in order that regulatory decisions are made in a timely manner by applying a one-project one-review approach;
Promote clarity and consistency of the regulatory decision making process; and
Ensure responsibilities for mitigation, monitoring and reporting, compliance and enforcement, follow-up monitoring, and Aboriginal consultation are addressed.
Protecting fisheries and fish habitat is only the third priority in the MOU
Conservation and protection of fish and fish habitat, and listed aquatic species at risk and their critical habitat, will be managed in accordance with DFO’s regulatory and policy frameworks for the application of the fisheries protection provisions of the Fisheries Act and SARA [Species at Risk Act] respectively.
The question most people on the northwest coast and along BC’s rivers will ask (whether or not they support or oppose pipeline projects): Just how much expertise, if any, in fisheries and fish habitat can be found in the Calgary offices of the National Energy Board?
According to the FAQ posted on the NEB website, it is now up to the NEB to determine whether a project impacts fisheries or species at risk.
How will the MOU affect authorizations under the Fisheries Act?
The NEB will assess a project application and determine if mitigation strategies are needed to reduce or prevent impacts to fish or fish habitat. If the project could result in serious harm for fish then the NEB will inform DFO that a Fisheries Act authorization under paragraph 35(2)(b) is likely to be required. DFO will review and issue an authorization when appropriate, prior to project construction. Authorizations issued by DFO would relate to those watercourses impacted, not the entire project.
How will the MOU affect permits under SARA?
The NEB will assess a project application for potential impacts to aquatic species at risk. If an impact to a SARA-listed aquatic species may occur, the NEB will inform DFO. DFO will review and issue a permit under SARA when appropriate, prior to project construction.
The NEB claims that the MOU will not affect environmental protection
Will this MOU reduce environmental protection?
No, the NEB has always considered impacts to fish and fish habitat and aquatic species at risk when making its decisions. The initial assessment of impacts of federally regulated pipeline and power line projects
Another potentially troubling aspect of the agreement is that it makes the National Energy Board the lead agency in dealing with First Nations.
when the Crown contemplates conduct that may adversely affect established or potential Aboriginal and treaty rights in relation to the issuance of authorizations under the Fisheries Act, and/or permits under SARA, the NEB application assessment process will be relied upon by DFO to the extent possible, to ensure Aboriginal groups are consulted as required, and where appropriate accommodated;
Canada’s First Nations have dealt with DFO for generations and by and large both sides understand each other’s aims, even if they don’t always agree. The NEB, however, at least as seen during the JRP hearings, often showed little understanding or respect for First Nations. That means that already troubled relationship between First Nations and the Crown over pipelines is going to get a lot more troubled.
The memorandum of understanding between DFO and MOU is yet another result of the Harper government’s omnibus bills, which have the aim of efficiently approving energy projects while downplaying environmental costs.
It also means that from now on there must be a much more careful reading of the 209 conditions imposed by the Joint Review Panel on Enbridge to see if those conditions are actually going to be rigorously enforced or if all Enbridge has to do is to file reports with the NEB.
It also appears that the new and highly restrictive NEB procedures that restrict input from all but those the NEB considers “directly affected’ by a project will also apply to their new responsibility for fisheries.
Councillor Phil Germuth listens as District of Kitimat Council debates his motion that would have required Enbridge to enhance monitoring of leaks on the pipeline in the Kitimat watershed. (Robin Rowland/Northwest Coast Energy News)
District of Kitimat Council voted Monday night to hold a plebiscite on whether or not the community supports the controversial Enbridge Northern Gateway project.
District council and staff will decide the actual question for voters and the date for the plebiscite in the coming couple of weeks.
A staff report described a plebiscite as “a non-binding form of referendum,” as defined by the BC Local Government Act.
The council decision comes after the Northern Gateway Joint Review Panel released its decision on December 16, that approved the pipeline and tanker project along with 209 conditions.
After the release of the Joint Review decision, the District of Kitimat issued a news release saying, “Kitimat Council has taken a neutral stance with respect to Northern Gateway. Council will take the necessary time to review the report in order to understand the content and reasons for the decision.”
On January 16, 2012 the council adopted a resolution “that after the completion of the JRP process, the District of Kitimat survey the residents of Kitimat regarding their opinion on the Enbridge Northern Gateway project.” After the JRP decision, the District reaffrimed that it would “undertake a survey of Kitimat residents to determine their opinions of the project now that the JRP has concluded its process.”
District staff had recommended hiring an independent polling firm to conduct the survey, pointing to a pollster’s ability to craft the appropriate questions and provide quick results.
Council quickly shot down the idea. A motion by Councillor Mario Feldhoff to use a polling firm did not get a seconder.
Councillor Rob Goffinet, who made the motion for the plebiscite, noted that even as a politician he doesn’t answer phone calls from unknown numbers. He said, “People do not want a pollster to phone them and do a check list how do you feel on a project. How can we be assured if someone in or out of their home will answer a call from a pollster? I would give total responsibility to every adult citizen of Kitimat who has a point of view to express it in a yes or no ballot.”
Councillor Phil Germuth added, “Those are the same companies that went out prior to the last provincial election and said one party was going to wipe it out and we know what happened there.” Germuth was referring to BC Premier Christy Clark’s come from behind majority victory which was not predicted in the polls.
Germuth told the meeting he believed an unbiased question could be posed in the form of a referendum on the Northern Gateway project. “I have full confidence in our staff that they will be able, along with some assistance from council, to develop questions that are not going to appear biased. It should be very simple, yes means yes, no means no.”
Councillor Mario Feldhoff, who earlier in the evening had, for the first time, declared that he is in favour of the Northern Gateway project, told council that he preferred using a polling firm because it could come back with a “statistically significant” result.
Council voted six to one in favour of the plebiscite. The lone dissenter was Councillor Edwin Empinado who told his colleagues that a mail-in ballot, another of the options presented by staff, would be more inclusive. Empinado said he was concerned that a plebiscite would mean a low voter turnout.
Warren Waycheshen, the district’s deputy chief administrative officer, told council that the plebiscite would have to be held under the provisions of BC’s Local Government Act which covers elections and referenda, but with the plebiscite the council would have more flexibility in deciding how the vote would take place. The act would still cover such things as who was eligible to vote and the use of campaign signs.
Councillor Mario Feldhoff reads a statement at council, supporting the findings of the Joint Review panel on the Northern Gateway project. (Robin Rowland/Northwest Coast Energy News)
The neutrality that council had maintained for at least the previous three years began to break down during Monday’s meeting meeting when Germuth proposed a motion that would have required Enbridge to install within Kitimat’s jurisdiction a detection system capable of locating small volumes of leakage from the pipeline, a measure that is likely beyond the recommendations of the JRP decision.
It was then that Feldhoff became the first Kitimat councillor to actually declare for or against the Northern Gateway, telling council, saying he agreed with the JRP, “The overall risk was manageable and the project was in Canada’s interest. On the whole I am in favour of the conditions and recommendations of the JRP… Not only am I a District of Kitimat Councillor, I am a Canadian. To my mind, opposition to the JRP Northern Gateway report at this stage is yet another case of NIMBY-ism, not in my backyard.”
In the end, at Feldhoff’s urging, the council modified the original motion, so that it called on the District to meet with Enbridge to discuss an enhanced pipeline leak detection system where a leak could “impact the Kitimat watershed.”
It’s not clear what Council will do with the result of the plebiscite, since it is “non-binding.”
In the past two years, Terrace, Prince Rupert and Smithers councils, together with Kitimat Stikine Regional District and the Skeena Queen Charlotte Regional District, all voted to oppose Northern Gateway. Those were all council votes, taken without surveying local opinion.
Most of the decisions are in the hands of the federal government which has 180 days from the release of the JRP report to approve the project.
(First in series of reports on how the Joint Review Panel report will affect the Kitimat region)
Joint Review map of Northern Gateway plans for dredging and blasting on Douglas Channel (JRP)
If there is a significant flaw in the Joint Review Panel report on Northern Gateway, it can be found in the panel’s analysis of Enbridge Northern Gateway’s plans to blast and dredge at the proposed Kitimat terminal site.
While the Joint Review Panel does consider what it calls “cumulative effects,” the panel plays down those effects and offers no specifics about interaction between the Northern Gateway project and the two liquified natural gas projects, the KM LNG project at Bish Cove and the BC LNG floating terminal at the old log dump.
It appears the JRP considered the legacy effects of the Rio Tinto Alcan smelter and other Kitimat industries while not taking into consideration future development.
The dredging and blasting planned by Northern Gateway, as Enbridge said in its evidence, appears to have only a minimal effect on Douglas Channel.
A glance at the map in the Joint Review ruling shows that that the dredging and blasting site is directly opposite Clio Bay, where Chevron, in partnership with the Haisla Nation, plan a remediation project using marine clay from the Bish Cove construction site to cap decades of sunken and rotting logs.
The Clio Bay project was not part of the evidence before the Joint Review Panel, the plans for the project were not formulated until well after the time for evidence before the JRP closed. But those deadlines show one area where the rules of evidence and procedure fail the people of northwestern BC.
The JRP is a snapshot in time and changes in the dynamics of the industrial development in the Kitimat Arm are not really considered beyond the terms of reference for the JRP.
It appears from the report that Enbridge plans to simply allow sediment from the blasting and dredging to float down Douglas Channel, dispersed by the currents and the outflow from the Kitimat River.
Northern Gateway said that dredging and blasting for marine terminal construction would result in a sediment plume that would extend over an area of 70,000 square metres for the duration of blasting activities.
Approximately 400 square metres of the assessed area of the marine terminal is expected to receive more than 1 centimetre of sediment deposition due to dredging. Outside of this area, typical sediment deposition levels alongshore where sediment is widely dispersed (a band approximately 4 kilometres long and 400 metres wide) are very low; in the range of 0.001 to 0.1 centimetres. Dredging and blasting activities are expected to occur over a period of approximately 18 weeks.
Northern Gateway expected most of the sediment plume created by construction activities to be minor in relation to natural background levels.
Northern Gateway would use bubble curtains to reduce pressure and acoustic effects of blasting, and silt curtains to reduce the effect of sedimentation from dredging. It said that bubble curtains are used extensively for other activities, such as pile driving, to reduce the effect of high pressure pulses that can cause injury to fish.
It added that bubble curtains have been tested extensively with blasts, and literature shows they are effective.
Northern Gateway said that physical effects from suspended sediment on marine fish and invertebrates could include abrasion and clogging of filtration mechanisms, which can interfere with ingestion and respiration. In extreme cases, effects could include smothering, burial, and mortality to fish and invertebrates. Direct chemical-related effects of suspended sediment on organisms, including reduced growth and survival, can also occur as a result of the uptake of contaminants
re-suspended by project construction activities, such as dredging and blasting, and as a result ofstorm events, tides, and currents.
The Haisla Nation and Raincoast Conservation objected to Northern Gateway’s figures, noting
Northern Gateway’s sediment and circulation model and its evidence related to contaminated sediment re-suspension at the terminal site. Both parties said that the sediment model was applied for the spring, when the increase in total suspended solids would be negligible compared to background values. In the event of delays, blasting and dredging would likely occur at other times of the year when effects would likely be higher, and these scenarios were not modelled.
The panel’s assessment of the area to be blasted found few species:
Species diversity within Kitimat Arm’s rocky intertidal community is generally low. Barnacles, mussels, periwinkles, and limpets can be found on rocky substrate. Sea urchins, moon snails, sea anemones, sea stars, and sea cucumbers are in shallow subtidal areas. Sandy areas are inhabited by commercially-harvested bivalves such as butter clams and cockles.
Northern Gateway told the JRP that it would “offset” any damage to Douglas Channel caused by the blasting and dredging
Northern Gateway said that construction, operations, and decommissioning of the marine terminal would result in both permanent and temporary alteration of marine fish habitat. Dredging and blasting, and installing physical structures in the water column for the marine terminal would permanently alter marine fish habitat. Based on the current terminal design, in-water site preparation would result in the physical alteration of approximately 1.6 hectares of subtidal marine habitat and 0.38 hectares of intertidal marine habitat. Northern Gateway expected approximately 353 square metres of subtidal marine habitat and 29 square metres of intertidal habitat to be permanently lost.This habitat would be compensated for by marine habitat offsets.
The project’s in-water vertical structures that would support the mooring and berthing structures could create new habitat, offsetting potential adverse effects. The structures may act as artificial reefs, providing marine fish habitat, food, and protection from predation. Although organisms currently inhabiting the work area would be killed, the exposed bedrock would be available for colonization as soon as the physical works are completed.
In its finding on marine sediment, the panel, as it does throughout the ruling, believes that the disruption to the environment caused by previous and ongoing human activity, means that the Northern Gateway Kitimat terminal won’t make that much difference.
Sediment quality in the marine environment is important because sediment provides habitat for benthic aquatic organisms. Northern Gateway’s baseline data for the area immediately surrounding the marine terminal indicated some contamination of water, sediments, and benthic organisms from previous industrial activity. Industrial activities in the Kitimat area have released contaminants through air emissions and effluent discharges since the 1960s. Sources of contaminants to Kitimat Arm
include effluent from a municipal wastewater treatment plant, the Alcan smelter, Methanex Corporation’s methanol plant, and the Eurocan pulpmill, as well as storm water runoff from these operations and the municipality.
Area is largely controlled by natural outflow from the Kitimat River with suspended sediment levels being highest during peak river runoff (May to July, and October) and lowest during winter. Storm events, tides, and currents can also suspend sediments. Levels of total suspended solids fluctuate seasonally and in response to climatic variations, but are generally highest during the summer.
Commercial and recreational vessels currently operating in the area may increase suspended solids by creating water turbulence that disturbs sediments. Given the current sediment contamination levels and the limited area over which sedimentation from construction activities would be expected to disperse, the Panel finds that the risk posed by disturbed contaminated sediment is low. Northern Gateway has committed to monitoring during construction to verify the predicted effects on sediment and water quality for both contaminants and total suspended solids..
The dredging and blasting section of the Joint Review Report is small when compared to the much more extensive sections on pipeline construction and tanker traffic, and the possible effects of a catastrophic oil spill.
Although minor, the marine sediment section exposes the question that was never asked, given the disruptions from years of log dumping at Clio Bay and Minette Bay and the decades of developments at the mouth of the Kitimat River, and future development from LNG, when do cumulative effects begin to overwhelm? How much is enough? How much is too much? If every project continues to be viewed in isolation, what will be left when every project is up and running?
Cover of Volume 1 of the Joint Review Panel ruling on Northern Gateway
If you read both the 76 pages of Volume One of the Northern Gateway Joint Review decision and the 417 pages of Volume 2, a total of 493 pages, one word keeps reappearing. That word is “burden.”
The JRP panel asks “How did we weigh the balance of burdens, benefits, and risks?”
And it says:
Many people and parties commented on the economic benefits and burdens that could be brought about by the Enbridge Northern Gateway Project. In our view, opening Pacific Basin markets wouldbe important to the Canadian economy and society. Though difficult to measure, we found that the economic benefits of the project would likely outweigh any economic burdens.
The JRP notes:
The Province of British Columbia and many hearing participants argued that most of the project’s economic benefits would flow to Alberta, the rest of Canada, and foreign shareholders in oil and pipeline companies. They said British Columbia would bear too many of the environmental and economic burdens and risks compared to the benefits.
But, as the panel does throughout the ruling, it accepts, with little, if any, skepticism, Northern Gateway’s evidence and assertion:
Northern Gateway said about three-quarters of construction employment would occur in British Columbia, and the province would get the largest share of direct benefits from continuing operations.
It does touch on the “burdens” faced by the Aboriginal people of northern BC and others in the event of a catastrophic spill.
In the unlikely event of a large oil spill, we found that there would be significant adverse effects on lands, waters, or resources used by Aboriginal groups. We found that these adverse effects would not be permanent and widespread. We recognize that reduced or interrupted access to lands, waters, or resources used by Aboriginal groups, including for country foods, may result in disruptions in the ability of Aboriginal groups to practice their traditional activities. We recognize that such an event would place burdens and challenges on affected Aboriginal groups. We find that such interruptions would be temporary. We also recognize that, during recovery from a spill, users of lands, waters, or resources may experience disruptions and possible changes in access or use.
And the JRP goes on to say:
We recommend approval of the Enbridge Northern Gateway Project, subject to the 209 conditions set out in Volume 2 of our report. We have concluded that the project would be in the public interest. We find that the project’s potential benefits for Canada and Canadians outweigh the potential burdens and risks….
We are of the view that opening Pacific Basin markets is important to the Canadian economy and society. Societal and economic benefits can be expected from the project. We find that the environmental burdens associated with project construction and routine operation can generally be effectively mitigated. Some environmental burdens may not be fully mitigated in spite of reasonable best efforts and techniques…. We acknowledge that this project may require some people and local communities to adapt to temporary disruptions during construction.
As for the chance of a major oil spill, again the JRP talks about burdens:
The environmental, societal, and economic burdens of a large oil spill, while unlikely and not permanent, would be significant. Through our conditions we require Northern Gateway to implement appropriate and effective spill prevention measures and spill response capabilities, so that the likelihood and consequences of a large spill would be minimized.
It is our view that, after mitigation, the likelihood of significant adverse environmental effects resulting from project malfunctions or accidents is very low.
And concludes:
We find that Canadians will be better off with this project than without it.
In the Joint Review ruling is one fact. Northern British Columbia must bear the “burden” of the Northern Gateway project for the good of Alberta and the rest of Canada. The JRP accepts, without much questioning, Northern Gateway’s assurances that environmental disruptions during construction will be minimal and that the chances of a major spill from either a pipeline or a tanker are minimal.
Canadians as a whole may be better off with the Northern Gateway. Whether the people who live along the pipeline and tanker route will be better off is another question, one which the Joint Review Panel dismisses with casual disdain.
Cover of Volume 2 of the Joint Review rulng on Northern Gateway
The politics of the Joint Review Panel
There are actually two Joint Review Panel reports.
One is political, one is regulatory. The political decision by the three member panel, two from Alberta and one from Ontario, is that the concerns of northwestern British Columbia are fully met by Enbridge Northern Gateway’s assurances. There is a second political decision, found throughout both volumes of the report, and the reader sees the Joint Review Panel has the notion that many parts of the environment have already been degraded by previous human activity, and that means the construction and operation of the Northern Gateway will have little consequence.
Here is where the Joint Review Panel is blind to its own bias. With its mandate to rule on the Canadian “public interest,” the panel makes the political determination that, in the Canadian public interest, northwestern BC must bear the “burden” of the project, while other political issues were not considered because, apparently those issues were outside the JRP’s mandate.
…some people asked us to consider the “downstream” emissions that could arise from upgrading, refining, and diluted bitumen use in China and elsewhere. These effects were outside our jurisdiction, and we did not consider them. We did consider emissions arising from construction activities, pipeline operations, and the engines of tankers in Canadian territorial waters.
During our hearings and in written submissions, many people urged us to include assessment of matters that were beyond the scope of the project and outside our mandate set out in the Joint Review Panel Agreement. These issues included both “upstream” oil development effects and “downstream” refining and use of the products shipped on the pipelines and tankers…Many people said the project would lead to increased greenhouse gas emissions and other environmental and social effects from oil sands development. We did not consider that there was a sufficiently direct connection between the project and any particular existing or proposed oil sands development or other oil production activities
If someone in Northwestern British Columbia favours the Northern Gateway project, if they believe (and many people do) what Enbridge Northern Gateway says about the economic benefits, then it is likely they will accept the burden and the further environmental degradation imposed by the Joint Review Panel on this region of British Columbia.
If, on other hand, for those who are opposed to the project, then the decision to impose the burden on this region is both unreasonable and undemocratic (since no one in northern BC, in the energy friendly east or the environmental west has been formally asked to accept or reject the project). For those opposed to the project, the idea that since the environment has already been disrupted by earlier industrial development, that Canadians can continue to degrade the environment with no consequence will only fuel opposition to the project.
As for the assertion that green house gas emissions were not part of the Joint Review Panel’s mandate, that is mendacious. The panel made a political decision on the role of the people of northwestern BC and the state of northwestern BC’s environment. The panel made a political decision to avoid ruling on the role of Northern Gateway in contributing to climate change or the larger world wide economic impact of pipelines and the bitumen sands.
Regulations
The Joint Review Panel is supposed to be a regulatory body and should be pipeline, terminal and tanker project go ahead after the expected court challenges from First Nations on rights, title and consultation and from the environmental groups, then those 209 conditions kick in.
While the Joint Review Panel largely accepts Enbridge Northern Gateway’s evidence with little questions, in some areas the panel does find flaws in what Northern Gateway planned. In a few instances, it actually accepts the recommendations from intervenors (many from First Nations, who while opposed to the project, successfully demanded route changes to through environmentally sensitive or culturally significant territory.)
When it comes to regulations, as opposed to politics, the Joint Review Panel has done its job and done it well. If all 209 conditions and the other suggestions found in the extensive second volume of the ruling are actually enforced then it is likely that the Northern Gateway will be the safe project that Enbridge says it will be and actually might meet BC Premier Christy Clark’s five conditions for heavy oil pipelines across BC and tankers off the BC coast.
But and there is a big but.
The question is, however, who is going to enforce the 209 conditions? In recent conversations on various social media, people who were quiet during the JRP hearings, have now come out in favour of the pipeline project. Read those comments and you will find that the vast majority of project supporters want those conditions strictly enforced. Long before the JRP findings and before Premier Christy Clark issued her five conditions, supporters of the Northern Gateway, speaking privately, often had their own list of a dozen or two dozen conditions for their support of the project.
The people of northwestern BC had already witnessed cuts to Fisheries and Oceans, Environment Canada and the Canadian Coast Guard in his region even before Stephen Harper got his majority government in May 2011.
Since the majority government Harper has cut millions of dollars from the budgets for environmental studies, monitoring and enforcement. The Joint Review Panel began its work under the stringent rules of the former Fisheries Act and the Navigable Waters Act, both of which were gutted in the Harper government’s omnibus bills. Government scientists have been muzzled and, if allowed to speak, can only speak through departmental spin doctors. The Joint Review Panel requires Enbridge Northern Gateway to file hundreds of reports on the progress of surveying, environmental studies, safety studies, construction plans and activities and project operations. What is going to happen to those reports? Will they be acted on, or just filed in a filing cabinet, perhaps posted on an obscure and hard to find location on the NEB website and then forgotten?
Will the National Energy Board have the staff and the expertise to enforce the 209 conditions? Will there be any staff left at Environment Canada, Transport Canada, Fisheries and Oceans and the Canadian Coast Guard where the conditions demand active participation by government agencies, or ongoing consultation between federal agencies and Northern Gateway? Will there actual be monitoring, participation and consultation between the project and the civil service, or will those activities amount to nothing more than meetings every six months or so, when reports are exchanged and then forgotten? Although Stephen Harper and his government say the Northern Gateway is a priority for the government, the bigger priority is a balanced budget and it is likely there will be more cuts in the coming federal budget, not enhancements to environmental protection for northwestern BC.
The opponents of the project might reluctantly agree to the 209 conditions if Harper government forces the project to go ahead. It will be up to the supporters to decide whether or not they will continue their support of Northern Gateway if the 209 conditions are nothing more than a few pages of Adobe PDF and nothing more.
Transport Canada tanker report map shows current risk for spills in BC (Transport Canada)
Cover of Genivar tanker report (Transport Canada)
The possible effects of a bitumen spill on Pacific waters were not considered in the oil response preparedness report released last week by the Harper government, the background data study reveals.
The consulting firm that did the study for Transport Canada, Genivar Inc, had no reliable data on the effect of a bitumen tanker disaster—because, so far, there has been no major ocean disaster involving diluted bitumen.
Instead, Genivar, based its findings on potential hazards and response on existing data on crude oil spills.
The Genivar study, however, does warn, that if the Enbridge Northern Gateway project does go ahead, the spill risk from diluted bitumen carrying tankers in Douglas Channel and along the north Pacific coast will jump from “low” or “medium” to “very high.” If the twinning of the Kinder Morgan pipeline goes ahead, then the risk in Vancouver also jumps to “very high.”
The question of how bitumen might behave in the cold and choppy waters of the North Pacific was hotly debated during the Northern Gateway Joint Review hearings earlier this year. Enbridge Northern Gateway based its position on laboratory studies, studies that were challenged by environmental and First Nations intervenors, pointing both to the unknowns of the ocean environment and the continuing problems Enbridge has in cleaning up the spill in the Kalamazoo River in Michigan.
The Genivar report, Risk Assessment for Marine Spills in Canadian Waters Phase 1: Oil Spills South of 60th Parallel, was completed in November, then passed on to the “expert panel” that released their own report: A Review of Canada’s Ship-source Oil Spill Preparedness and Response Regime — Setting the Course for the Future. That second report was based not only on the data provided by Genivar but on the expertise of three panel members, their visits to some locations and input from government, industry, First Nations and municipalities.
The actual data report was not posted; it had to be requested through the Transport Canada website, which is how Northwest Coast Energy News obtained the background study.
The expert panel found “a very high risk” of oil spills in two areas of the Pacific Coast, in the north around the ports of Kitimat and Prince Rupert and in the heavy ocean traffic area of southern British Columbia, especially Port Metro Vancouver and into Washington State.
The expert panel made 45 recommendations that covered a wide range of issues including eliminating the present $161-million liability limit for each spill and replacing it with unlimited liability for polluters, annual spill training involving the Canadian Coast Guard, Environment Canada, provincial and local authorities and the private sector, increased and improved annual spill training exercises, basing risk assessment on local geography and conditions and faster emergency responses to spills.
The expert panel calls for greatly increased research on the ocean environment at a time that Harper government has been gutting environmental research across Canada, while spinning that its policies are “science based.”
The science and technology around both the movement of oil and spill response has advanced significantly over the past several decades. We feel that while some aspects of the Regime have kept pace with these developments, in some areas, Canada has fallen behind world-leading countries like Norway and France. This can be attributed to a general lack of investment in research and development as well as the lack of coordination between industry and government over research priorities.
The Government of Canada should work closely with industry to establish a national research and development program for oil spill preparedness and response. The program should be co-funded by industry and the Government, and the research priorities should be set through a collaborative process that involves academia, where possible. Like the Regime itself, we view this program as a partnership between industry and government.
We envision that this program would also seek to leverage the work being done internationally on oil spill preparedness and response. The program should seek to establish partnerships with other world-leading countries in order to stay current on international advances and new technologies.
The expert panel, however, does not say how the federal government is expected to pay for meeting BC Premier Christy Clark’s condition for a “world class” spill prevention and response system at a time that Finance Minister Jim Flaherty is determined to balance the budget and the Harper government is continuing to cut back government services.
Bitumen excluded
On bitumen, the Genivar data study says:
Modified bitumen products represent the majority of the “crude carried as cargo” in
Pacific sub-sector 5. They are not modelled as a separate category in this spill behaviour analysis but are represented as “persistent crude”.
Changes in spill behaviour depend to some extent on the environmental conditions at the time of the spill, as described in greater detail below. However, over the range of wind and sea conditions typically experienced in the Canadian marine environment, changes in oil properties are not overly sensitive to variations in climatic values, so a single set of wind and sea conditions will be used in the analysis.
The idea that “changes in oil properties” not being sensitive to variations in climate was also frequently challenged before the Joint Review Panel.
On the increase in traffic volume if the Northern Gateway project goes ahead, the Genivar report says.
Enbridge Inc. has proposed to construct a marine terminal at Kitimat, B.C. and a dual pipeline from the terminal to oil sands production in northern Alberta. The terminal would handle up to 193,000 barrels/day of imported diluents (i.e., low-gravity condensate) that would be piped to Alberta and used to dilute bitumen to enhance its flow properties. The diluted bitumen would then be piped to Kitimat at rates up to 525,000 barrels/day that would be shipped by tanker to export to markets in Asia and California.
At full capacity, the import of diluent and export of diluted bitumen would total up to 35 Mt/year. This amount is comparable to the currently-shipped volume in the Pacific sector related to volumes being exported from Vancouver and related to volumes being exported from the Alaskan to Washington State trade.
It goes on to say that the current tanker traffic on the north Pacific coast “has negligible risk in the near shore and intermediate zones, but significant potential spill frequency in the deep-sea zone related to the Alaskan trade.” Similarly, according to Genivar the environmental risk in the region “currently ranges from ‘medium’ to “very low” from near shore to deep-sea zones, respectively…. mainly driven by a combination of physical and biological features.”
The increase in traffic from Northern Gateway would likely increase the environmental risks. The the near shore risk from would jump from “very low” to “very high.” For the largest spill category, deep-sea risk would likely increase from “low” to “medium.”
No data on recreational or traditional First Nations fishery
To study the effect on an oil spill on the fishery, Genivar used data from the Department of Fisheries and Oceans as the provinces to gauge “the port value of commercial fishing and the value of the fish, shellfish and aquaculture” in each zone it studied and then compared it to the the national averages for commercial fishery. Those figures included any commercial fishery by First Nations.
But Genivar noted, there is no reliable data on either the recreational fishery or the First Nations traditional, food, social and ceremonial fishery, saying:
It is important to highlight that this indicator does not consider recreational or traditional fishing. The importance of this industry is notable and an oil spill could damage the recreational fishing stock as well. However, the absence of comparable data and the fact that this study is restricted to federal and international data, and some provincial data from Quebec and Ontario for commercial fisheries, limits the ability to include recreational fishing… Nevertheless, as an absolute index, it will provide an overall vulnerability in the event of an oil spill.
The ongoing impact of cutbacks at Fisheries and Oceans has had a continuing impact on the northwest, especially in the controversial halibut recreational fishery, where DFO has admitted that it is basically guessing the size of each year’s recreational halibut catch.
Tourism
Genivar also notes that lack of reliable data on the effect on a oil spill on tourism. The consultants go so far as to say one of the indicators they will use to measure the effect of any oil spill on tourism would come from “data extracted from the 2011 National Household Survey at the census division level and the accommodation and food services data will be used.”
The “National Household Survey” is also known as the long form census and it is the National Household Survey that the Harper government made voluntary rather mandatory, decreasing the reliability of the data. Global News recently analyzed those who had contributed to the survey and found that it poor people, the very rich and people in low population areas were least likely to fill out the voluntary census—which means the data for northwest BC is likely highly unreliable from the 2011 survey even though “The census divisions in coastal regions will be selected for each of the sub-sectors. This method will express the economic vulnerability of each sub-sector to a potential collapse in tourism following a spill.”
Despite the importance of cruise ship traffic on the west coast, Genivar notes, “In Canada, data for passenger vessels were unavailable.”
It also notes that “this study does not specifically take into account national parks and other landmarks, since their influence on tourism is indirectly included in the tourism employment
intensity index” so that Genivar could create what it calls the Human-Use Resource Index (HRI), even though that index appears to be based on incomplete data.
The list of participants in the oil spill preparedness and response study released last week by the federal government shows two glaring no shows, the District of Kitimat and Rio Tinto Alcan.
The Haisla Nation and the Gitga’at Nation did provide written submissions to the panel.
The expert panel was set up by the federal government to review “oil handling facilities and ship-source oil spill preparedness and response.” The expert panel was to review the “structure, functionality and the overall efficiency and effectiveness of the system, as well as analyzing the requirements for hazardous and noxious substances, including liquefied natural gas.”
The panel also invited any interested groups to submit documents or their own views to be taken into consideration.
Among the stakeholders interviewed by the panel were companies and organizations very familiar to Kitimat; Chevron and Shell, main partners in two of the LNG projects; Enbridge, which has proposed the Northern Gateway Pipeline and Kinder Morgan which has proposed expanding the dilbit pipeline on the Lower Mainland. Other stakeholders included Coastal First Nations, the Prince Rupert Port Authority, SMIT Marine and the Vancouver Port Authority.
As well as the Haisla and the Gitga’at, five west coast municipalities submitted their own reports to the tanker panel, both the city and districts of North Vancouver, the city of Richmond, the District of Ucluelet and the District of West Vancouver. San Juan County in Washington State also made a submission to the panel. So did the Prince Rupert and Vancouver Port authorities.
Chevron, Enbridge, Imperial Oil, Kinder Morgan, Pacific Northwest LNG, Seaspan Marine, and the Union of BC Municipalities, among others also submitted their views to the panel.
So why didn’t the District of Kitimat participate? When it came to the Enbridge Northern Gateway Joint Review, the mayor and council always maintained their neutrality motion meant that the District would not be an active participant. That was always a short sighted viewpoint. The District should have participated actively in the JRP in such a way as to protect the region’s interests where necessary while remaining neutral. If the District of Kitimat sat out the tanker panel because of the Northern Gateway neutrality policy, that was no excuse, because the expert panel’s mandate specifically included LNG.
Tanker traffic is a potential threat to the San Juan Islands (the Gulf Islands on the American side of the border). It is astounding that San Juan County would think that the Canadian tanker panel was important enough to make a submission and the District of Kitimat did not.
What about Rio Tinto Alcan? Kitimat has been a private port for 60 years, run first by Alcan and then by Rio Tinto Alcan. Why wasn’t RTA asked to participate as a stakeholder? Why didn’t RTA make a submission? Those who are pushing the Northern Gateway terminal always like to say that tankers have been calling at Kitimat for those 60 years. That is true. Of course, none of those tankers have been the Very Large Crude Carriers proposed by Northern Gateway. However, those 60 years means that RTA has the expertise on the Port of Kitimat and Douglas Channel. RTA probably has important data that could have helped both the expert panel and Genivar (which pointed out the paucity of data on small and medium sized tankers). In not participating in the tanker panel submissions and possibly not providing valuable data on Douglas Channel, RTA neglected its social responsibility both to the community of Kitimat and the rest of the province of British Columbia.
The study of tanker shipping and tanker spills by Genivar for Transport Canada has revealed huge gaps in how the world monitors tanker traffic.
Cover of Genivar tanker report (Transport Canada)
Genivar says
Accident data was acquired from three main sources: the CCG Marine Pollution Incident Reporting System (MPIRS); the Lloyd’s casualty database; and spill incident records maintained by the International Tanker Owners Pollution Federation (ITOPF).
MPIRS lists all marine pollution incidents occurring in Canadian waters (CCG, 2013), with information on the region within Canada in which the incident occurred, type of material spilled, accident cause, and estimated pollution volume with multiple entries for a given incident showing updates of incident status and pollution amounts if applicable. The primary use of MPIRS in this study was for spill incidents in the smaller size categories… for which worldwide data was suspected to be unreliable due to under-reporting. MPIRS appeared to be a comprehensive listing of incidents that occurred in Canadian waters, and a summary of polluting incidents
It goes on to note that some key data has not been updated since the 1990s, largely prior to the introduction of double hulled tankers.
As noted, oil spill accidents were compiled on a worldwide basis.
In order to estimate the frequency for Canada, an exposure variable was required.
A series of studies by the U.S. Minerals Management Service (MMS, now known as
the Bureau of Ocean Energy Management, Regulation and Enforcement) investigated the occurrence rates of tanker accidents against various spill exposure variables and found that the simplest and most reliable indicator was volume of oil transported. Simply put, it was determined that spill rates could be expressed, for a range of spill size categories, as an average number of spills per billion barrels transported.
The MMS studies were updated periodically until the 1990s but have not been revisited since, but they did show a steady decrease in the likelihood of casualties and resulting spill volumes, due to a number of factors including tanker design, increasing governance and overall scrutiny of the marine transportation industry. The phased-in implementation of double-hull tankers may have also had a beneficial effect on spill rates in more recent years, particularly in the category of very large or catastrophic events… In any case, it is important in interpreting accident data to reflect current trends and implemented mitigation measures. The focus was on cargo volumes and accident rates over the past decade.
It goes on to say the volumes of crude carried is also under-reported to Lloyds.
In the case of crude oil and refined products carried as cargo, the exposure variable was simply the volume of each respective category carried on an annual basis for the period of interest. Information from the Lloyds APEX database was used for this purpose; it reports volumes of crude and refined products shipped worldwide, with a breakdown by year, country of origin, and country of destination. Compared with similar data from Canadian sources, the APEX data appeared to significantly under-report the carriage of refined products. As a result, the accident rates estimated and used in this study are likely somewhat conservative, that is, they overstate the likely frequency of refined products carried as cargo. For all calculations involving the potential spillage of refined products as cargo in Canadian waters, and for the apportioning of spill frequency among the various sectors and sub-sectors of Canada, Transport Canada commodity traffic data was used
Again about Lloyds data, until 2010, it was limited in its monitoring of the BC Coast.
In analyzing the Canadian movement data supplied by Lloyds, a major shortcoming was found in the data in that movements recorded prior to 2010 did not include broad classes of vessels such as ferries, passenger vessels, and pilot boats. Given that these vessels comprise a significant proportion of traffic movement in many sectors, only data covering the final two years of the record, 2010 and 2011, were used in the analysis.
The Lloyds data was also limited when it came to oil spills:
One limitation of the MPIRS data was that it did not classify spills as to whether they were from “cargo” as opposed to “fuel”, which would have been helpful in this study as these spill types were analyzed separately. As a result, for spills of refined products, which could have hypothetically been either cargo or fuel, assumptions were made based on the type of vessel involved, the type and severity of the incident, and other notes within MPIRS.
A database was acquired from Lloyds that detailed all marine casualties over the
past ten years regardless of whether the incident involved pollution…
This database was used to provide a breakdown of incidents by cause, and as an
initial listing of those incidents that did result in pollution. The Lloyds data was of
mixed quality when it came to the reporting of polluting incidents, with numerous
records only partially filled out, ambiguities in the reporting of spill volume, and
inconsistencies in the classification of the spilled material. A significant effort was
made to provide consistency and accuracy in the information, including cross-
referencing with other data sources.
So the Genivar report exposes a significant gap in the available data on oil spills.
It is certainly true that the number of major tanker accidents and spills have decreased since the Exxon Valdez disaster, a point frequently made by Enbridge at meetings in northwestern BC.
The expert panel report which said that Canada faces the risk of a major tanker disaster of 10,000 tonnes or more once every 242 years.
The Vancouver Sun quoted Transport Canada spokeswoman Jillian Glover on that risk of a spill on the Pacific Coast as saying. “This value must be understood in relative terms, such that the risk is considered high compared to the rest of the country only…Canada enjoys a very low risk of a major oil spill, evidenced by the lack of Canadian historical spills in the larger categories. Additionally, this risk assessment is before any mitigation measures have been applied, so that is a theoretical number before additional prevention initiatives are taken.”
Note that the government always talks about a “major oil spill,” but it appears from the gaps in the data that predicting the possibility and consequences of a medium sized or smaller oil spill is now not that reliable, even though such a spill could have disastrous effects on a local area. According to a map in both reports, the entire BC coast is at risk for a “low to medium” spill. This echoes the problems with the Enbridge Northern Gateway pipeline, where Enbridge based most of its projections on a “full bore breach” or major pipeline break and did little about a medium sized or smaller leak. Data analysis by Kelly Marsh of Douglas Channel Watch on the possibility of the cumulative effects of a medium sized and possibly undetected pipeline breach could have just as disastrous consequences for the Kitimat valley as a major pipeline break. The same is likely true at sea.
The National Energy Board says releasing its decisions in Calgary is standard practice regardless of where in Canada the project is located, and it will not make an exception for its report on the controversial $6.5-billion Northern Gateway pipeline proposal.
Apparently the NEB doesn’t trust reporters in BC to act as professionals. Also, as usual the stock market is more important than the people of BC.
NEB spokesperson Sarah Kiley told the Globe the board ruled out simultaneous lock-ups in Alberta and British Columbia.
“As far as hosting multiple media lock-ups, we need to make absolutely sure that the report is not inadvertently released before the markets close,” Ms. Kiley said. “This becomes more challenging if there are multiple events due to things like the need to ship reports.”
Because the ruling will affect markets, she said the report must be kept confidential until they close on the day of release.
A couple of years ago, on a visit to the Lower Mainland, I was speaking to man who was considering making a 10 minute comment before the Northern Gateway Joint Review panel. In the end, this man, who is by no means a radical environmentalist, just someone worried about the future, decided not to testify, telling me: “The National Energy Board is nothing more than an extension of the Petroleum Club.”
Once again today, the National Energy Board showed its contempt for British Columbia and proved my source’s belief that it is nothing more than an extension of the Petroleum Club.
Vancouver radio station News 1130 made a routine inquiry to the NEB about a reporters’ “lockup” on the day that the JRP decision is released. A “lockup” allows the media to read an embargoed report a few hours in advance so that at the moment it is officially released, it can print or broadcast an accurate account of a government report.
News 1130 was told by the NEB that there would be no lockup in British Columbia, only reporters in Calgary, the home of the NEB, will have that opportunity, because “logistics did not work out for a lock-up” in Vancouver.
(Reporters who work along the actual pipeline route in the north are even farther off the NEB radar. The Calgary lockup will leave northerners to figure out what the JRP decision actually means from reports from Alberta-based journalists. The history of the past few years has proven that most Alberta-based reporters have little interest or knowledge of the concerns of northwest British Columbia.)
Before the JRP hearings began in January, 2012, a well-known northern First Nations leader predicted all this in a background conversation. He noted that there was no representation from British Columbia on the Joint Review Panel. The JRP had two members from Alberta, chair Sheila Leggett, and member Kenneth Bateman, while the “First Nations member,” Hans Matthews, was from Ontario. The First Nations leader, who would have to appear before the JRP, privately called them “flatlanders” with no knowledge of B.C.
He was right.
Even before that conversation, the Joint Review Panel blundered in its first appearance in Kitimat, the preliminary hearing at Riverlodge on August 30, 2010, by offending the Haisla Nation with a schedule of appearances crafted in Calgary that ignored that Kitimat is on Haisla traditional territory and put then Chief Counsellor Dolores Pollard well down on the schedule. That hearing was held up for about half an hour while the JRP scrambled to undo their mistake.
While the JRP did finally learn to respect the customs of BC’s First Nations, and the panel was often hamstrung by arcane and obsolete rules of procedure, the panel too often proved far too inflexible in understanding the issues along the pipeline route and up and down the coast.
The most recent example was the JRP’s refusal to consider the recent evidence from both scientists and Fisheries and Oceans about the growing importance of humpback whales in Douglas Channel. The JRP’s excuse was that the window for evidence had closed. If the Northern Gateway actually goes ahead, Enbridge speaks about the 30-year-life of the project. Yet the JRP’s continuing inflexibility acts as if all the key issues can be decided by the December 30 deadline and after that everything will be just fine.
In the past few weeks, report after report has been released on projects that will change the lives of the people of the northwestern British Columbia. The media of the northwest, all with very limited budgets, have been ignored time and time again.
On Tuesday, the federal government also used Vancouver to release a report on tanker traffic. While Vancouver is also vulnerable to tanker problems, the feds considered their message could be carried best by the mainstream major metro media. Again, no one bothered with the northwest, where the tankers will be sailing along the coast and up and down Douglas Channel.
A few weeks ago, BC Premier Christy Clark announced her agreement with Alberta Premier Alison Redford on the compensation issue, one of her five conditions for heavy oil development in the province. Clark solved the political dispute with Alberta by handing off the compensation issue from the province to the energy industry with absolutely no guarantee that the energy companies will actually offer compensation for crossing BC. Northern reporters could listen in to an audio feed of the news conference from the BC government website, but could not ask questions.
In the 21st century, of course, these news conferences are not about presenting factual information; the news conferences are about getting out a government message track, so questions from reporters who actually know about issues are not wanted.
The Joint Review Panel (with the NEB one of the “joint” partners) is supposedly, on paper, a quasi-judicial body, independent of the government.
If the JRP wants to salvage even a bit of its crumbling credibility for its Northern Gateway decision, it will show that it respects British Columbia. The means holding two additional lockups. If Terrace was good enough for the final arguments, and a central location for the northwest, one lockup should be held in Terrace, so northerners can read reporting by northwest-based reporters. The second, of course, should be in Vancouver for the province’s major media centre.
Given the record of the past two years, don’t hold your breath, time and time again the bureaucratic priorities and the fact that the NEB is thoroughly embedded in the energy culture of Alberta, it is likely that the release of the report sometime in the coming weeks will be Alberta-centric and will prove my source right, that the NEB is nothing more than that extension of the Petroleum Club.
The board plans to hold a media lock-up in Calgary, but does not have similar plans to brief reporters in British Columbia, says an official with the independent federal agency established to regulate international and interprovincial issues around the electrical utility, gas and oil sectors.
Board spokesperson Sarah Kiley said Thursday that the board recognizes there is an interest in B.C. in the subject, and said there is no final plan yet.
The Globe was unable to get a statement from the Liberal government of BC but for the opposition,Spencer Chandra Herbert (Vancouver-West End) said, the energy board should not be hiding out in Calgary when they announce what they are going to do, regardless of whether they approve or reject the project.
“You would think they would have the ability and respect for B.C. to host it here and explain whatever decision they make here to B.C. media and intervenors,” he said.
