PART FOUR: State Department assessment of the railway to Rupert route for bitumen

Here are edited portions of the EIS assessment for a major oil terminal at Prince Rupert

Environmental Setting

The EIS says “the local surface geology at the Prince Rupert site consists of bedrock (granitic rocks) overlain by glacial outwash and a thin soil cover.” and goes on to note that “Prince Rupert is located along the coastal region of Canada, which is seismically active.”

Potential Impacts

At Prince Rupert, depth to bedrock is expected to be relatively shallow, so rock ripping and some blasting could be necessary. The impacts of rock ripping and blasting are limited to the immediate area and would not result in any significant impacts to the underlying or nearby geology. Excavation activities, erosion of fossil beds exposed due to grading, and unauthorized collection can damage or destroy paleontological resources during construction.

(The report notes that The potential for finding paleontological resources in the areas that would be disturbed is unknown. But the area of the coast has been heavily metamorphisized and most fossils, so far, have been found further inland, largely along the Copper River near Terrace)

In terms of geologic hazards, the Prince Rupert terminals would be located along the coastal region of Canada, which is seismically active. In addition, the presence of steep slopes increases the risk of landslides and the port’s coastal location increases the risk of flooding…. The Prince Rupert rail terminals and port facilities would be designed to withstand potential seismic hazards and flooding…

Construction of the proposed terminals and port expansion in Prince Rupert would result in the disturbance of approximately 3,500 acres (1,400 hectares) of land for the construction of the rail terminal complex and approximately 1,200 acres (487 hectares) for the expansion of the port. Potential impacts to the soils resources of the area could result from vegetation clearance, landscape grading, and recontouring to ensure proper drainage, the installation of storm water drainage systems, construction of the required infrastructure, and other construction activities.
One of the primary concerns during construction activities is soil erosion and sedimentation.
Potential impacts to soils from erosion are expected to occur in areas where the slopes are greater than 20 per cent and where the erosion potential due to their nature is high. Based on available landscape and soils information, the soils found in the area are not highly erodible and the required infrastructure would be located in areas that are relatively flat. Therefore, the impact of the proposed terminal complex and port construction activities on soil erosion would be minor.

 

Groundwater
Environmental Setting

The Prince Rupert Terminals and port expansion would occur in British Columbia on Kaien Island, which receives about 102 inches of rainfall per year. The terminals would be located on an inlet that is part of the eastern Pacific Ocean on the Venn Passage near the much larger Inland Passage, which extends from Washington State to Alaska along the islands and mainland of British Columbia, Canada. Venn and Inland Passages are marine (salt water) waterbodies. The islands consist of bedrock (granitic rocks) overlain by glacial outwash and a thin soil cover.
Groundwater is shallow, poor quality, and unused. Drinking water is derived from lakes on the mainland. Water quality in the terminal complex area is seawater and inland brackish.

Potential Impacts

During construction of the facilities at Prince Rupert, the primary potential impacts to groundwater would be spills or leaks from construction equipment. Mitigation for these impacts includes having in place appropriate plans in place and appropriate cleanup materials available.
During operations of the facilities at Prince Rupert, the primary potential impacts to groundwater would again most likely be spills or leaks from operation equipment or associated with crude oil unloading of railcars. Although the initial impacts of potential releases or spills may be contained or limited to soil, potential impacts to groundwater may occur depending on the depth to groundwater, soil characteristics (e.g., porosity, permeability), spill volume and extent, and whether the spill reaches surface water bodies, some of which are interconnected to groundwater.

Surface Water
Environmental Setting

The upland character surrounding the potential Prince Rupert terminal area is dominated by bog forest uplands and the flowing surface water bodies are predominantly precipitation- and shallow groundwater-fed intermittent streams. Some open waterbodies are present in the southeast portion of Kaien Island. Tidal shore zones are of a rugged and rocky nature and receive wave energy generated by naturally occurring fetch and large wakes from marine traffic. Winter winds are strong and from the southeast to southwest, with surface currents predominantly northward from the Hecate Strait. Lighter summer winds have less influence on currents and allow freshwater runoff from land and deep water tidal effects to exert more control and provide variation in summer current patterns. Significant wind and tidal mixing tend to occur where waters are shallow and around islands and rocky points of land. The coastal landscape is predominantly fjords carved into the granitic Coast Mountains, created by the last of several glacial periods approximately 12,000 years ago. Shores tend to be rocky and steep with beaches restricted to sheltered areas adjacent to estuaries and the navigable straits and channels provide a wide variety of exposures and habitats.

Potential Impacts

Construction of the facilities at Prince Rupert would disturb approximately 4,700 acres. The primary potential impacts to surface waters include erosion and sedimentation and spills/leaks of hazardous materials. Mitigation for these impacts includes having in place appropriate SPCC plans in place and appropriate cleanup materials available.
During operations, the primary potential impacts to surface waters include storm water runoff, spills, or leaks from operation equipment or associated with crude oil unloading of railcars.
Provision of storm water management measures would mitigate the impacts of stormwater runoff.

Terrestrial Vegetation
Environmental Setting

The Prince Rupert terminals and port facilities would be located in the Coastal Gap Level III Ecoregion. The vegetation immediately adjacent to the Pacific Ocean includes stunted, opengrowing western red cedar, yellow cedar, and western hemlock with some stunted shore pine and Sitka spruce . There are also open areas present within the affected areas. It is unclear if biologically unique landscapes or vegetation communities of concern exist within the proposed Prince Rupert terminal complex boundary.

Potential Impacts

The proposed rail terminal complex and port facilities at Prince Rupert would require the clearing of up to 4,700 acres of natural vegetation, most of which is forested based on aerial photo interpretation. There does not appear to be any biologically unique landscapes or communities of conservation concern within the terminal complex boundary. Nearly all of these impacts would be permanent as natural habitats are converted for use as rail terminals and port facilities.

Wildlife
Environmental Setting

Many wildlife species use this coastal area for hunting, foraging, roosting, breeding, and nesting (Tourism Prince Rupert 2012). Wildlife characteristic of this ecoregion include grizzly bear (Ursus arctos horribilis), black bear (Ursus americanus), mountain goat (Oreamnos americanus), black-tailed deer (Odocoileus hemionus
columbianus), wolf (Canis lupus), moose (Alces alces), mink (Mustela sp.), bald eagle
(Haliaeetus leucocephalus), seabirds, shorebirds, waterfowl, and grouse (Tetraoninae)
The Prince Rupert terminal complex would be located in the Northern Pacific Rainforest(Region 5) bird conservation region, which is an ecologically distinct region in North America…

The coast of the Northern Pacific Rainforest is characterized by river deltas
and pockets of estuarine and freshwater wetlands set within steep, rocky shorelines. These wetlands provide critical nesting, wintering, and migration habitat for internationally significant populations of waterfowl and other wetland-dependent species. The area includes major stopover sites for migrating shorebirds, especially western sandpipers (Calidris mauri) and dunlins (Calidris alpina). Black oystercatchers (Haematopus bachmani), rock sandpipers (Calidris
ptilocnemis), black turnstones (Arenaria melanocephala), and surfbirds (Aphriza virgata) are common wintering species. Nearshore marine areas support many nesting and wintering sea ducks. Many seabirds breed on offshore islands, including important populations of ancient murrelet (Synthliboramphus antiquus), rhinoceros auklet (Cerorhinca monocerata), tufted puffin (Fratercula cirrhata), common murre (Uria aalge), western gull (Larus occidentalis), glaucouswinged gull (Larus glaucescens), and Leach’s storm-petrel (Oceanodroma leucorhoa). Pelagic
waters provide habitat for large numbers of shearwaters (Calonectris spp. and Puffinus spp.), storm-petrels (Hydrobatidae), and black-footed albatross (Phoebastria nigripes)

Potential Impacts

Direct impacts could occur due to vegetation removal or conversion, obstructions to movement patterns, or the removal of native habitats that may be used for foraging, nesting, roosting, or other wildlife uses (Barber et al. 2010). Indirect impacts to wildlife are difficult to quantify and are dependent on the sensitivity of the species, individual, type and timing of activity, physical parameters (e.g., cover, climate, and topography), and seasonal use patterns of the species (Berger 2004). Most of these impacts would be essentially permanent.

Fisheries
Environmental Setting

Prince Rupert is an important deepwater port and transportation hub of the northern coast of British Columbia. It is located on the northwest shore of Kaien Island, which is connected to the mainland by a short bridge. The town of Prince Rupert is just north of the mouth of the Skeena River, a major salmon-producing river. Key commercial fisheries include Pacific salmon, halibut, herring, and groundfish, which are processed from Prince Rupert.

Prince Rupert area supports a high density of streams and rivers that host an array of valuable recreational fisheries for salmon, steelhead (anadromous rainbow trout), rainbow trout, lake trout, cutthroat trout, char, Arctic grayling, and northern pike .

Potential Impacts

New impacts to commercial and recreational fisheries’ habitats from the construction and operation of the facilities in Prince Rupert could include marine intertidal zones as well as fish spawning zones (e.g., herring), if present. There would likely be short-term impacts to the benthic (bottom dwelling) community during construction of the berths and mooring facilities. Bottom-dwelling
fish (i.e., halibut, flounder, and rockfish) and marine invertebrates (i.e., clams, mussels, crabs, and other bivalves and crustaceans) could potentially be impacted during construction as well, but these affects are expected to be minor and temporary or short-term in duration.

Additional shipping traffic would increase underwater sound because large vessels, including tankers, put out relatively high noise levels. Fish and other aquatic organisms (including invertebrates and marine mammals) use sound as a means of communication and detection within the marine acoustic environment. Increased shipping traffic could mask natural sounds by increasing the ambient noise environment from Prince Rupert Harbor and along the marine route to the Gulf Coast area. Long-lasting sounds, such as those caused by continuous ship operation, can cause a general increase in background noise and there is a risk that such sounds, while not causing immediate injury, could mask biologically important sounds, cause hearing loss in affected organisms, and/or have an impact on stress levels and on the immune systems of aquatic species.

Exotic and invasive species are sometimes transferred in the ballast water of tanker ships.
Monitoring and controls would need to be implemented to treat ballast water discharged into Prince Rupert Harbor such that invasive or exotic species would not be released into the marine environment.

Threatened and Endangered Species

This section focuses on animal and plant species present in the Prince Rupert area that are Canada SARA protected. As a coastal area along the Pacific Migratory Bird Route, and an area that receives a lot of precipitation and is heavily forested, many wildlife species inhabit the area, as discussed in Section 5.1.3.6, Wildlife. According to the British Columbia (B.C.) Conservation Data Centre (2012), only one SARA threatened/endangered species is known to occur in Prince Rupert—the green sturgeon (Acipenser medirostris), a Pacific Ocean inhabitant. In addition, several SARA special concern species occur in Prince Rupert, including western toad (Anaxyrus boreas), coastal tailed frog (Ascaphus truei), North American racer (Coluber constrictor), grey whale (Eschrichtius robustus), and Stellar sea lion (Eumetopias jubatus)

Potential Impacts

The green sturgeon is typically found along nearshore marine waters, but is also commonly observed in bays and estuaries. The expansion of the proposed port facility could have minor adverse effects on the green sturgeon, but the sturgeon could readily avoid the port area.
Increased shipping traffic at Prince Rupert and as the vessels transit to the Gulf Coast area refineries may affect the feeding success of marine mammals (including threatened and endangered species) through disturbance, because the noise generated by tankers could reduce the effectiveness of echolocation used by marine mammals to forage for food. Whales use underwater vocalizations to communicate between individuals while hunting and while engaged in other behaviors. Increased underwater noise from additional shipping traffic could disrupt these vocalizations and alter the behavior of pods of whales. Moreover, additional boat and
tanker traffic could also increase the potential for collisions between marine mammals and shipping vessels. These effects would be additive in nature and could potentially add to existing disturbance effects and collision risks caused by the current level of shipping traffic, commercial and recreational fishing, and cruise ship passage.

Land Use, Recreation, and Visual Resources
Environmental Setting

Land use, recreation, and visual resources for the Prince Rupert area where the new terminals and expanded port facilities would be built differ sharply from the other terminal sites. Prince Rupert is located on an inlet of the Pacific Ocean in a heavily forested area of British Columbia.
Urban land use is generally limited to the communities in and around the city of Prince Rupert, with some small outlying communities and villages in the area. Given Prince Rupert’s role as a terminus of the Alaska Ferry System, many people see the port and surrounding areas in a recreational context. The area is largely undeveloped and would be sensitive to changes in the visual landscape.

Potential Impacts

If constructed on previously undeveloped land, the new facilities would primarily impact mixed forest… The construction and operational impacts on land use, recreation, and visual resources at the Lloydminster, Epping, and Stroud terminal complex sites and along the Cushing pipeline route would be the same as for the Rail/Pipeline Scenario.

Socioeconomics
Environmental Setting

Population/Housing

Construction and operations activities are not expected to have a significant effect on population and housing for this scenario. Because construction and operations job estimates have not yet been determined for this scenario, worker requirements for Prince Rupert, Lloydminster, and Epping are assumed to be minor..additional temporary housing could be needed in Prince Rupert… Prince Rupert only has about 740 hotel/motel rooms

Local Economic Activity

Tanker infrastructure and operations would be affected as ships transport crude oil from Prince Rupert through the Panama Canal to Texas ports near Houston.

Direct construction expenditures for facilities at Prince Rupert would be approximately $700 million, with approximately 1,400 annual construction jobs, based on the cost estimates of the proposed Enbridge Northern Gateway marine terminal in Kitimat

Despite the large population of First Nations people in the Prince Rupert area, Canada does not have a similar definition to minorities as the Keystone report applied under US law and so it notes “Impacts to minority and low-income populations during construction and would be similar to those described for the proposed [Keystone] Project and could possibly result in increased competition for medical or health services in underserved populations. Canada does not define HPSA and MUA/P, so it is unknown whether or not the minority populations in Prince Rupert or Lloydminster exist in a medically underserved area.

Tax Revenues and Property Values

It says construction of a new terminal Prince Rupert would generate provincial sales taxes, goods and services taxes, and hotel taxes. Construction of the tank and marine terminals at Prince Rupert…would involve large numbers of road trips by heavy trucks to transport construction materials and equipment to and from the sites. Construction in Prince Rupert could also potentially involve vessel deliveries of material. This traffic could cause congestion on major roadways, and would likely require temporary traffic management solutions such as police escorts for oversize vehicles.

Cultural Resources

Despite the rich heritage of First Nations in the Prince Rupert area, the Keystone alternative study reported;

No cultural resources studies have been conducted for the Prince Rupert area. Review of aerial photographs shows that a small portion of the area that could potentially be developed has already been disturbed by development, including port facilities, structures, and roads. This preliminary review shows that most of the area appears undeveloped and would have the potential for intact buried cultural resources.

The report notes that “Any ground disturbance, especially of previously undisturbed ground, could potentially directly impact cultural resources.”

It goes on to note that the potential to

include intact buried cultural resources would require evaluation through research and cultural resources surveys. If cultural resources were identified, follow-up studies could be required. In general terms, the archaeological potential of heavily disturbed areas, such as might be found in active rail yards or within developed transportation corridors, is normally lower than in undisturbed areas.

Archaeological potential is also contingent upon factors such as access to water, soil type, and topography, and would have to be evaluated for each area to be disturbed. Aboveground facilities have the potential to indirectly impact cultural resources from which they may be visible or audible. The potential for increased rail traffic to contribute to indirect impacts would require consideration.

Air and Noise

The report also summarizes the possible green house gas emissions for the rail and tanker project as whole from Prince Rupert to the Gulf Coast refineres and notes that overall

On an aggregate basis, criteria pollutant emissions, direct and indirect GHG emissions, and noise levels during the operation phase for this scenario would be significantly higher than that of the proposed [Keystone XL] Project mainly due to the increased regular operation of railcars, tankers, and new rail and marine terminals.

Air Quality

The rail cars and tankers transporting the crudes would consume large amounts of diesel fuel and fuel oil each day….The criteria pollutant emissions would
vary by transportation segment, particularly during marine-based transit. Oil tankers traveling from the Prince Rupert marine terminal through the Panama Canal to Houston/Port Arthur pass through several different operational zones, including reduced speed zones leading into and out of the ports, North American Emission Control Areas where the use of low-sulfur marine fuel is mandated, and offshore areas where the tankers travel at cruise speeds.

During the return trip, tankers are filled with seawater (ballast) to achieve buoyancy necessary for proper operation, which affects the transit speeds of the vessel. Furthermore, the tankers spend several days loading or unloading cargo at each marine terminal with auxiliary engines running (an activity called hoteling). The tanker emissions accounted for return trips (i.e., both loaded cargo going south and unloaded cargo going north).

In aggregate, the total operational emissions (tons) estimated over the life of the project (50 years) are several times greater than those associated with the combined construction and operation of the proposed Keyston XL Project

Greenhouse Gases

Direct emissions of GHGs would occur during the construction and operation of the Rail/Tanker Scenario. GHGs would be emitted during the construction phase from several sources or activities, such as clearing and open burning of vegetation during site preparation, operation of on-road vehicles transporting construction materials, and operation of construction equipment for the new pipeline, rail segments, multiple rail and marine terminals, and fuel storage tanks.

Due to limited activity data, GHG emissions from construction of the Rail/Tanker Scenario were not quantified; however, these emissions would occur over a short-term and temporary period, so construction GHG impacts are expected to be comparable to the proposed [Keystone XL] Project.
During operation of the railcars and tankers that comprise this scenario, GHGs would be emitted directly from the combustion of diesel fuel in railcars traveling over 4,800 miles (7,725 km) and fuel oil in marine tankers traveling over 13,600 miles (21,887 km) round-trip.

The Rail/Tanker Scenario would also result in indirect emissions of GHGs due to the operation of 16 new rail terminals, an expanded port, and potential pumping stations. The new rail terminal in Prince Rupert would be projected to require 5 MW of electric power to operate, possibly bring indirect GHG emissions

Noise

Noise would be generated during the construction and operation of the Rail/Tanker Scenario. Noise would be generated during the construction phase from the use of heavy construction equipment and vehicles for the new pipeline, rail segments, and multiple rail and marine terminals, and fuel storage tanks. Due to limited activity/design data, noise levels from the construction of this scenario were not quantified; however, this noise would occur over a short term and temporary period, so construction noise impacts are expected to be comparable to those
of the proposed Project. During operation of the railcars and tanker ships that comprise this scenario, noise would be generated from the locomotives, movement of freight cars and wheels making contact with the rails as the train passes, train horns, warning bells (crossing signals) at street crossings, and tanker engines during hoteling and maneuverings at the new rail and marine terminals in Prince Rupert.

(Noise from ocean going vessels which is a concern for coastal First Nations and environmental groups is covered later on impact on wildlife)

 

Climate Change Effects on the Scenario
Environmental Setting

The Keystone study looks at the affects of climate change, but concentrates largely on the Gulf Coast beause the most of the Rail/Tanker Scenario was outside of the boundaries of the study, but it does note that the sea levels are projected to rise due to glacial melting and thermal expansion of the water. The rate, total increase, and likelihood of the rise is in part dependent on how rapid the ice sheets warm and is a source of ongoing scientific uncertainty.

The United States Global Change Research Program (USGCRP) estimates that sea level rise could be between 3 to 4 feet by the end of the century.

Increasing sea level projected due to climate changes as described above shifts the impact of mean high tide, storm surge, and saltwater intrusion to occur further inland and this would negatively affect reliable operation of the port infrastrucure for tanker traffic. Mitigation of these climate effects could be addressed by making engineering and operational changes at the port.

Potential Risk and Safety
Environmental Setting

The Rail/Tanker Option would combine the risk inherent in both pipeline and oil tanker
transport. However, the risks and consequences for using oil tankers to transport the hazardous materials are potentially greater than the proposed Project. Overall, crude oil transportation via oil tankers has historically had a higher safety incident rate than pipelines for fire/explosion, injuries, and deaths.

Spills have been reported while the vessel is loading, unloading, bunkering, or engaged in other operations

The main causes of oil tanker spills are the following:
• Collisions: impact of the vessel with objects at sea, including other vessels (allision);
• Equipment failure: vessel system component fault or malfunction that originated the release of crude oil;
• Fires and explosions: combustion of the flammable cargo transported onboard;
• Groundings: running ashore of the vessel; and
• Hull failures: loss of mechanical integrity of the external shell of the vessel.

From 1970 to 2011, historical data shows that collisions and groundings were the maincauses of oil tanker spills worldwide.

Potential Impacts

Loading and unloading of the railcars at tank farms near seaports could allow spills to migrate and impact seawaters and shorelines.

However, the loading and unloading are generally carried out under supervision and would be addressed promptly by the operators, limiting the potential migration and impacts of the spill to the immediate area.

Once the tanker is loaded and at sea, the propagation and impacts of a spill could become significant. Oil tankers may carry up to 2,000,000 bbl of oil

A release of oil at sea would be influenced by wind, waves, and current. Depending on the volume of the release, the spreading of oil on the surface could impact many square miles of ocean and oil birds, fish, whales, and other mammals and could eventually impact shorelines. Oil would also mix with particulates in sea water and degrade. As this occurs some oil will begin to sink and either be retained in the water column (pelagic) or settle to the ocean floor (sessile).

Pelagic oil could be consumed by fish or oil fauna passing though the submerged oil. Sessile oil could mix with bottom sediment and potentially consumed by bottom feeding fauna. Spills in ports-of-call could affect receptors similar to an open ocean release but also could temporarily affect vessel traffic and close ports for cleanup activities.

The identification of key receptors along the rail route alternative was not available for this evaluation. Therefore a comparison to the proposed project was not completed.

Surface Water

The Lloydminster to Prince Rupert portion of this route would begin in the western plains at the Saskatchewan/British Columbia border and travel west through an area of high-relief mountains with large valleys, referred to as the Cordillera region. From a water resource perspective, the plains region of Canada is characterized by relatively large rivers with low gradients. The plains rivers drain the Rocky Mountains to the Arctic Ocean. The Cordillera region is largely composed of northwest-southwest trending mountain ranges that intercept large volumes of Pacific
moisture traveling from the west towards the east. River systems in this region are supplied by a combination of seasonal rainfall, permanent snowfields, and glaciers.

The following are larger rivers crossed by the existing rail lines between Lloydminster and Prince Rupert:

• North Saskatchewan River, Alberta
• Pembina River, Alberta
• McLeod River, Alberta
• Fraser River, British Columbia
• Nechako River, British Columbia
• Skeena River, British Columbia

Wetlands

Spills within wetlands would most likely be localized, unless they were to occur in open, flowing water conditions such as a river or in the ocean. A crude oil spill in a wetland could affect vegetation, soils, and hydrology. The magnitude of impact would depend on numerous factors including but not limited to the volume of spill, location of spill, wetland type (i.e., tidal versus wet meadow wetland), time of year, and spill response effectiveness. The construction of additional passing lanes to accommodate increased train traffic resulting from this scenario could
result in permanent impacts to wetlands if passing lanes were constructed where wetlands occur.
However, as there is some leeway regarding the exact location of the passing lanes, it is expected that wetlands would be avoided by design.

Fisheries

The Rail/Tanker Scenario railroad route would cross numerous major streams and rivers in Canada, many of which support anadromous fish species such as salmon.

Anadromous species are those that spawn and rear in freshwater but migrate to the ocean at a certain size and age. Pacific salmon are large anadromous fish that support valuable commercial and recreational fisheries. Commercial fisheries for salmon occur in marine water and most recreational fishing for salmon occurs in freshwater. Salmon eggs are vulnerable to the effects of fine sediment deposition because female salmon deposit their eggs in stream bed gravels.

Despite this vulnerability, the overland railway route is not expected to present any new impacts to salmon unless there is a spill into its habitat, although the risk of spills does increase under this scenario due to the increase in the number of trains that would use the route.

Potential new impacts under the Rail/Tanker Scenario on commercially or recreationally significant fisheries along the route would be minor because the railroads that would be used are already built and in operation. However, the risk of an oil spill or release of oil or other materials still exists. The tanker portion of this route scenario is also subject to oil spill risk.

Threatened and Endangered Species

The rail route would cross over the Rocky Mountain region of western Alberta, which is inhabited by species such as the woodland caribou (Rangifer tarandus) (a SARA threatened species) and grizzly bear (a SARA special concern species). This region of British Columbia is home to a number of SARA threatened/endangered species, including the peregrine falcon (Falco peregrinus anatum) (SARA threatened), salish sucker (Catostomus sp.) (SARA endangered), white sturgeon (Acipenser transmontanus) (SARA endangered), caribou (southern mountain population) (SARA threatened), northern goshawk (Accipiter gentilis laingi) (SARA threatened), and Haller’s apple moss (Bartramia halleriana) (SARA threatened).

A number of additional SARA special concern species inhabit the regions of Canada that would be traversed by the Rail/Tanker Scenario, including but not limited to those special concern species expected to occur in the Prince Rupert region, and discussed above (B.C. Conservation Centre 2012).

Northwest Coast Energy News Special report links

What the Keystone Report says about Kitimat and Northern Gateway
What the Keystone Report says about the Kinder Morgan pipeline to Vancouver.
What the Keystone Report says about CN rail carrying crude and bitumen to Prince Rupert.
The State Department Environmental Impact Study of the railway to Prince Rupert scenario.

State Department news release

State Department Index to Supplemental Environmental Impact Study on the Keystone XL pipeline

 

Environment agency calls for comments on Prince Rupert LNG pipeline

The Canadian Environmental Assessment Agency is calling for comments on the proposed LNG project at Prince Rupert.

An agency news release says:

As part of the strengthened and modernized Canadian Environmental Assessment Act, 2012 (CEAA 2012) put in place to support the government’s Responsible Resource Development Initiative, the Canadian Environmental Assessment Agency must decide whether a federal environmental assessment is required for the proposed Pacific Northwest LNG Project in British Columbia. To assist it in making its decision, the Agency is seeking comments from the public on the project and its potential effects on the environment.

Progress Energy Canada Ltd. is proposing to construct and operate a liquefied natural gas (LNG) facility and marine terminal near Prince Rupert, within the District of Port Edward. The Pacific Northwest LNG facility would be located on Lelu Island. The proposed project would convert natural gas to LNG for export to Pacific Rim markets in Asia.

The agency says written comments must be submitted by March 11, 2013.

The CEAA says it will post its decision on the website if a federal environmental assessment is required.

It goes on to say:

If it is determined that a federal environmental assessment is required, the public will have three more opportunities to comment on this project, consistent with the transparency and public engagement elements of CEAA 2012.
Projects subject to CEAA 2012 are assessed using a science-based approach. If the project is permitted to proceed to the next phase, it will continue to be subject to Canada’s strong environmental laws, rigorous enforcement and follow-up, and increased fines.

nwpipemapBy “CEAA 2012,” the agency is referring to the omnibus bill, best known as C-38, which actually weakened the CEAA’s ability to review projects. “Science-based approach” has become a stock phrase used by the government of Stephen Harper on resource issues, while it weakened environmental review procedures, terminated the jobs of hundreds of scientists and restricted those who are left in the government from speaking to the media or commenting on issue.

In December,the CEAA called for similar input for the Coastal GasLink project to Kitimat, with a deadline of January 30. No decision has been announced for that project. which would be built by TransCanada for the Shell LNG Canada project.

Coastal First Nations pull out of Joint Review Hearings in Prince Rupert

Coastal First Nations have pulled out of the Joint Review hearings in Prince Rupert.

In a news release, Art Sterritt, executive director said:

This is a David and Goliath scenario, said Art Sterritt. “It seems the only party that can afford this long and extended hearing process is Enbridge and, perhaps, the Federal Government. The average citizen can’t afford to be here and the Coastal First Nations cannot afford to be here.”

Sterritt, the executive director of the Coastal First Nations, said pulling out was a difficult decision because the Emergency Response Panel is dealing with important issues. “We planned to ask questions that included: does diluted bitumen sink; how quickly can a spill be responded to and how effective can cleanup be; how long will spilled oil remain in the ecosystem and what are the costs of a spill cleanup and who will pay.”

It is clear that more scientific study is needed on emergency preparedness, he said. “Despite the lack of information it is continuing with the process. Ultimately this means the JRP will not have the information it needs to make an informed recommendation and that in turn means the Federal Government will be making decisions not based on science.”

The funding disparity isn’t the only JRP issue the Coastal First Nations is unhappy with. “We are dismayed with the nature of the hearing process itself. Enbridge witnesses are not answering questions or their answers are self-serving and non-responsive. We see cross-examination answers by Enbridge witnesses which are crafted with, or provided by, other persons sitting behind these witnesses who cannot be cross-examined. This does not seem fair to us at all.”

We had agreed to participate in this process on the basis that the JRP was going to be a decision-maker on whether or not the project would go ahead. Then the Federal Government unilaterally changed the decision-making process, he said. “This was blatantly unfair and smacks of double dealing – something we as First Nation have become accustomed to with this government.”

Coastal First Nations will continue to monitor these proceedings and we will do what we can to participate given our limited resources, Sterritt said. “We are profoundly disappointed with the nature of this process. Taken together these problems undermine the legitimacy and authenticity of the hearing process, our pursuit of the true facts and, ultimately, a just result.”

 

Other groups and individuals have also long complained about the growing expensive of travel and monitoring costs for the Joint Review process.
 

Intervenor files challenge after Enbridge tells JRP it wants major expansion of Kitimat Gateway terminal

Revised Enbridge map of Kitimat harbour.
Enbridge filed a revised map of Kitimat harbour with the revised route for the Northern Gateway Pipeline and terminal in December 2012.

Enbridge Northern Gateway wants a much larger tank farm at its proposed Kitimat terminal, the company says in documents filed with the Joint Review Panel on December 28, 2012.

On that date, Enbridge filed its fifth revision of the Northern Gateway pipeline route and plans with the JRP. While for Enbridge engineers the filing may be a routine update, as surveys and planning continue, Smithers based enviromentalist Josette Weir has filed an objection with the JRP challenging the revised plans because, she says, the JRP has closed off any opportunity for intenvenors to make their own updates, calling into question once again the fairness of the JRP process.

From the documents filed with the JRP, it appears that Enbridge wants not only to expand the tank farm and adjacent areas but also to have a potentially much larger area on the shores of Douglas Channel for even more expansion in the future.

At the Kitimat terminal, Enbridge says there will now be 16 oil tanks, up from the original 11. The company also says: “The terminal site will also have some limited additional civil site development to allow for potential future site utilization.” While Enbridge proposes to keep the number of condensate tanks at three, their capacity would be increased.

In addition, Enbridge wants an enlarged “remote impoundment reservoir” to comply with the BC Fire Code, so that it would be:

• 100% of the volume of the largest tank in the tank farm, plus
• 10% of the aggregate volume of the 18 remaining tanks, plus
• an allowance for potential future tanks, plus
• 100% of the runoff from the catchment area for a 1 in 100 year, 24 hour storm event, plus
• the amount of fire water generated from potential firefighting activities at the tank farm.

Enbridge goes on to note:

An update to 16 oil tanks at the Kitimat Terminal is not expected to alter overall visibility of the marine terminal and therefore impact visual or aesthetic resources.

In her news release, Josette Wier, who describes herself as “an independent not funded intervenor in the hearing process,” says she filed a notice of motion on January 17, 2013, noting “there are numerous embedded proposed changes which have nothing to do with the route revision,” including the fact that “the tank farm in Kitimat is considerably increased from 11 to 16 tanks for the oil tanks with an almost doubled working capacity, while the condensate tanks capacity is increased by 29 per cent.”

“What does this have to do with a route revision?” she asks in the news release.

In the news release, Wier says: “that this is an abuse of process when engineering and design question period ended in Prince George last November.  Not withstanding the underhanded way of presenting new evidence, re-questioning on those issues doubles the amount of work and expenses for intervenors.

“Abuse of process”

She asked the Joint Review Panel to order Northern Gateway to re-submit their proposed changes indicating clearly the ones unrelated to the route changes and describing them along with their rationale.

Wier goes on to say: “It is everyone’s guess why there is a doubling of the tank farm capacity, but certainly points out to the larger pipeline shipping volumes the company had indicated would be a possible Phase II of the project.” She says: “It looks like Northern Gateway is quietly moving into the 850,000 barrels a day proposal, twice the volume the application has been cross-examined about.  It is clearly an abuse of process.”

In her actual notice of motion, Wier goes further by taking aim at the JRP itself by saying that “the Applicant [Enbridge] can make changes to the Application whenever they want. We have already seen in their July submissions inclusion of new evidence which conveniently escaped information requests. The added work and cost imposed on intervenors and the Panel seem irrelevant to the Applicant.” She complains that her requests for more information in an earlier notice of motion “was dismissed by the Panel on the grounds that my request ‘would require an unreasonable amount of effort (both by Northern Gateway and other parties reviewing the material’ …. If this argument applied to my Notice of Motion, I suggest it should apply to embedded changes buried in the Applicant’s filings of December 28, 2012.”

Rerouting at Burns Lake

A number of the other changes appear to show continued strained relations between Enbridge and First Nations, for example it says:

There is a possibility of relocating the pipeline route… further north of the Burns
Lake area to avoid proposed Indian Reserve lands that would overlap the pipeline route,.. This revision will be evaluated when further information on the proposed Indian Reserve lands is available and when further consultation with the relevant Aboriginal groups has taken place.

On the other hand the revisions also show that the pipeline will be now routed through an existing right of way through the Alexander First Nation, near Morinville, Alberta, as part of an agreement with the Alexander First Nation.

Another route change is near the Morice River, where Enbridge says

The Morice River Area alternate will generally have less effect on wildlife riparian habitat since it is located away from the Morice River and floodplain. This revision is also farther from the proposed Wildlife Habitat Area for the Telkwa caribou herd and no longer intersects any primary and secondary goat ungulate winter range polygons. However, this revision no longer parallels the Morice West Forestry Service Road (FSR) and Crystal Creek FSR and offers fewer opportunities to use existing rights-of-way. This may increase linkages between cutblock road networks and increase human access locally but does not preclude Northen Gateway from applying other methods to minimize linear feature density in this region.

Wier also complains that the Enbridge did not properly file its latest documents, asking the panel to rule that it order Northern Gateway to re-submit their last revisions submitted in December
using proper JRP evidence numbering system and “Adobe pages numbers.” The huge number of documents in the JRP system is confusing and improper filing makes it harder for intervenors and others to sort their way through new information.

 

Enbridge map of Kitimat harbour
A revised map of the Kitimat harbour as filed by Enbridge with the JRP in December 2012.
Revised Northern Gateway pipeline route map
Revised route map for the Northern Gateway pipeline as filed with Enbridge with the JRP on Dec. 28, 2012.

Northern Gateway NEB Application Update Dec. 2012

DFO study on ancient Douglas Channel tsunamis shows minimal impact on Kitimat, devastation at Hartley Bay

A follow up study by the Department of Fisheries and Oceans on the discovery of prehistoric slope failure tsunamis in Douglas Channel concludes that the events would have had minimal impact on Kitimat but would have destroyed Hartley Bay.

The studies were filed by DFO with the Northern Gateway Joint Review Panel on Friday, November 16, following an earlier study the Geological Survey of Canada that reported the discovery of the submarine slope failures. The filing comes just three weeks after the region was shaken by a 7.7 magnitude earthquake off Haida Gwaii and a subsequent coast-wide tsunami warning.

The DFO follow up study was aimed at better understanding the dynamics of tsunamis during the two slope failure events on the southern end of Hawkesbury Island during the mid-Holecene period, between 5,000 and10,000 years ago.

The wave dynamic model study does not address the discovery by the Geological Survey of Canada of a possible fault line along Hawkesbury Island which could have been the cause of the slope failures.

The study estimates that the wave amplitude of the first tsunami reaching the proposed Enbridge Northern Gateway terminal site near Kitimat would have been about .09 to .12 metres. Since the actual wave height hitting land from a tsunami is one half of the amplitude, the height of tsunami waves reaching Kitimat at the time would have been about 60 centimetres or 23 inches. At Hartley Bay, on the other hand, the maximum estimated wave amplitude from the second tsunami would have been 15 metres, meaning a wave height of 7.5 metres or about 25 feet.

The main reason for the difference is that both the submarine slope failures occurred south of  the dogleg in Douglas Channel at Gertrude Point. That meant the configuration of the channel from Gertrude Point up to Kitimat would lessen the amplitude whereas because Hartley Bay was so close, it would be hit by a higher amplitude. The report says that because of their relatively short wavelengths, the tsunami waves undergo multiple reflections that the “high degree of scattering from the complex shoreline and bottom topography in Douglas Channel” would “combined with the flux of tsunami energy through adjoining waterways and channels” have caused a rapid decrease in the energy of the waves with distance south and north of the slide area.

The study also points out a crucial difference between the ancient slides and the two that occurred near Kitimat in 1974 and 1975, while the land near the head of the Kitimat arm were largely composed of material laid down by the glaciers, the large slope failures on Hawkesbury Island were blocks of an extremely hard igneous rock called diorite. Each of the prehistoric slides would have consisted of about 65 million cubic metres of rock.

The DFO report says

Coastal British Columbia is an area of steep slopes, extreme seasonal variations in soil moisture, large tidal ranges, and the highest seismicity in Canada. Hazards of this form have been well documented for the coastal region of British Columbia, and other fjord regions of the world’s oceans, including Alaska and Norway. These factors increase the potential for both submarine and subaerial slope failures in the region. Such events generally take place in relatively shallow and confined inner coastal waterways, and can present hazards in terms of tsunami wave generation.

The two prehistoric submarine slides are located about 10 kilometres apart on the
slope of southern Douglas Channel, near the southern end of Hawkesbury Island

The report says:

The failures are defined by scallop-shaped hollows located along the edge of the fiord wall and appear to be associated with detached blocks that extend out several hundred metres into the channel. The two block slides identified in Douglas Channel are characteristic of rigid-body submarine landslides, which differ considerably from the well-documented viscous submarine landslides with a lower specific gravity (density relative to water) of about 1.5 that occurred to the north of Douglas Channel along the inner slope of Kitimat Arm in 1974 and 1975.

The report’s modelling is “considered minimum values” because the do not include debris that would have spread into the fiord after initial slide. That debris is now buried by a thick layer of post-slide sediment.

DFO diagram of the model of Slide A on Hawkesbury Island (DFO)

The reconstruction model shows that the head of the more northern slide began at a depth of around 60 to 100 metre, while that of the more southern slide began at a depth of 75 to 120 metres.

The slides would have moved down slope at about 25 metres per second, coming to rest after about 30 seconds, 250 to 350 metres from the slope at a depth of 400 metres.

The northern slide, called by the scientists Slide A:

would have generated extremely large waves in the immediate vicinity of the failure
region within a minute of the submarine landslide. Waves in the numerical simulations reach amplitudes of 30 to 40 metres at the coast near the slide area

Submarine landslides cause delays between the arrival of the first waves and the arrival of subsequent higher waves, increasing in distance from the slide, because of “reflections and non-linear interaction” along the shoreline. For Slide A, the maximum wave amplitudes at Hartley Bay would have been six metres (meaning three metre waves) “Large amplitude waves with typical periods of around 50 seconds would continue for several tens of minutes.”

The leading tsunami waves generated by Slide A reach Kitimat Arm in roughly 20 min and have small amplitudes of only a few centimetres. Although later waves have higher amplitudes, the maximum wave amplitudes (which occur 50-55 minnutes after the failure event) are still only around 0.09 to 0.12 metres.

The southern slide on Hawkesbury, called Slide B by the scientists, would have moved 400 metres before stopping. It stared at a greater depth than Slide A, with not as much vertical displacement than Slide A. That means Slide B was slower than Slide A.

Slide B:

would have generated large waves in the vicinity of the failure region. Simulated waves reach the coast adjacent to the slide region within a minute of the failure event, with wave amplitudes of up to 10 metres. The waves also hit the opposite site of the channel within a minute of the failure event and then take an additional minute to reach Hartley Bay where waves reach amplitudes of 15 metres/ Powerful oscillations in the bay last for tens of minutes.
Waves with high amplitudes (more than 2 metres) also occur in the southern part of Douglas Channel, and in certain locations of Verney Passage.

According to the models, the leading tsunami waves would have reached the Kitimat Arm 22 minutes after the start of the slide. The maximum waves would have had amplitudes of 0.08 metres to 0.3 metres (6 inches), reach the Kitimat Arm 45 to 60 minutes after the start of the failure event.

The the tsunami waves generated by Slide B that impact Kitimat Arm,  although still of low amplitude, were somewhat higher than those generated by Slide A, despite the fact that Slide B was located further to the south and generated less energetic waves in the source region than Slide A.

This seeming paradox is explained by the slower motion of Slide B, which causes it to generate more wave energy in the low frequency band…Due to their reduced scattering and reflection, the relatively long and lower frequency waves generated by Slide B propagate more readily through the complex fjord system than the relatively short and higher frequency waves generated by Slide A.

Specifically addressing the proposed site of the Enbridge bitumen terminal, as well as potential tanker traffic in Douglas Channel, the detailed explanation of the modelling accompanying the DFO report says:

If similar submarine slides were to occur again somewhere in the same general area, they could present a significant risk to navigation and to nearby shore installations and coastal communities….

As with the tsunami generation regions, the highest waves and strongest currents in any particular region of the coastal waterway would occur near the shoreline. Based on the numerical findings, tsunamis generated by submarine landslides of the form identified for the southern end of Douglas Channel would have heights and currents that could have major impacts on the coastline and vessel traffic at the time of the event throughout much of Douglas Channel, but a minor impact on water levels, currents and hence vessel traffic in Kitimat Arm. Hartley Bay, at the southern end of Douglas Channel, would be impacted by high waves and strong currents, whereas Kitimat, at the northern end of Kitimat Arm, would experience negligible wave effects. Additional modelling would be required to assess the characteristics of possible tsunamis originating beyond the area of the two identified slope failures.

At the estimated propagation speeds of about 65 metres per second, the detailed model says it takes roughly 10 to 15 minutes for the simulated waves to propagate approximately 40 to 45 kilometres to the intersection of Douglas Channel and Kitimat Arm, where peak wave amplitudes would be diminished to less than one metre. It takes another 15 minutes for the waves to reach sites near the proposed Enbridge facilities in Kitimat Arm where wave amplitudes would be reduced to a few tens of centimetres and associated currents to speeds less than a few tens of centimetres per second.

 

 

Slide tsunami area map
Slide tsunami area study map (DFO)

 

Fisheries and Oceans-Modelling Tsunamis Associated with Recently Identified Slope Failures in Douglas Channel  (pdf)

Numerical data for DFO tsunami study (link to JRP)

 

New Joint Review Panel possible for Coastal GasLink pipeline project to Kitimat

The federal Environment Assessment Agency is asking northwestern British Columbia to comment on whether or not a federal assessment is needed for the TransCanada Coastal GasLink pipeline project that would feed natural gas to the proposed Shell facility in Kitimat.

In a news release from Ottawa, the CEAA said:

As part of the strengthened and modernized Canadian Environmental Assessment Act, 2012 (CEAA 2012) put in place to support the government’s responsible resource development initiative, the Canadian Environmental Assessment Agency must determine whether a federal environmental assessment is required pursuant to the CEAA 2012 for the proposed Coastal GasLink Pipeline Project in British Columbia (B.C.). To assist it in making its decision, the Agency is seeking comments from the public on the project and its potential effects on the environment.

Coastal GasLink Pipeline Ltd. is proposing the construction and operation of an approximately 650-km pipeline to deliver natural gas from the area near the community of Groundbirch, B.C. (40 km west of Dawson Creek) to a proposed liquefied natural gas facility near Kitimat, B.C. The project will initially have the capacity to flow approximately 1.7 billion cubic feet of natural gas per day and could deliver up to approximately 5.0 billion cubic feet per day of natural gas after further expansion.

Written comments must be submitted by December 3, 2012.

Like the current Enbridge Northern Gateway project Joint Review Panel and the National Energy Board hearings in June 2011 on the Kitimat LNG project all comments received will be considered public.

The CEAA says after it has received the comments whether or not there should be an assessmet, it will post a decision on its website stating whether a federal environmental assessment is required.

The CEAA goes on to say:

If it is determined that a federal environmental assessment is required, the public will have three more opportunities to comment on this project, consistent with the transparency and public engagement elements of CEAA 2012.

Projects subject to CEAA 2012 are assessed using a science-based approach. If the project is permitted to proceed to the next phase, it will continue to be subject to Canada’s strong environmental laws, rigorous enforcement and follow-up, and increased fines.

If there is a federal assessment, the most likely course would be to create a new Joint Review Panel. However, this will not be a JRP with the National Energy Board, because the Coastal GasLink project does not cross a provincial boundary, thus it would not make it subject to scrutiny by the NEB.

Instead, if current practice is followed (and that is uncertain given the evolving role of the Harper government in environmental decisions) the new JRP would be in partnership with the British Columbia Oil and Gas Commission, which has jurisdiction over energy projects that are entirely within the province of BC.

However. Shell will have to apply to the NEB for an export licence for the natural gas as both the KM LNG and BC LNG projects did last year. That could result in parallel hearings, one for the export licence, and a second on the environmental issues, which, of course, is the direct opposite of what the Harper government intended when it said it would speed up the reviews with its “one project, one review” policy.

 

Confusion at Alberta Jackpine JRP

At present, there is a  CAEE-Alberta Energy Resources Conservation Board Joint Review Process underway in northern Alberta for the controversial Shell Canada Jackpine project.  Shell has proposed expanding the Jackpine Mine about 70 kilometres north of Fort McMurray on the east side of the Athabasca River. The expansion project would increase bitumen production by 100,000 barrels per day, bringing production at the mine to 300,000 barrels per day.

The Jackpine Joint Review Panel is the first to held under the new rules from Bill C-38 that limit environmental assessment.

The lead up to the Alberta Jackpine Joint Review Panel hearings was mired in confusion, partly because of the restrictions imposed by the Harper government in Bill C-38 which limited the scope of environmental assessments.

The local Athabasca Chipewyan First Nation is opposed to the project and, in October, argued that it should be allowed to issue a legal challenge against Shell’s proposed expansion of the Jackpine project.

According to initial media reports in The Financial Post, the Joint Review Panel excluded First Nations further downstream from the Jackpine project ruling and individual members of the Athabasca Chipewyan First Nation that they were not “interested parties.” The Post cited rules on who can participate were tightened up when the Harper government changed the criterion for environmental assessment under Bill C-38. The Financial Post reported a French-owned oil company was permitted to participate.

On October 26, the Jackpine JRP ruled that it did not have the jurisdiction to consider questions of constitutional law, but told the Athabasca Chipewyan First Nation and the Alberta Metis that it would “consider the evidence and argument relating to the potential effects of the project brought forward by Aboriginal groups and individuals during the course of the hearing.”

A few days after the Financial Post report, Gary Perkins, counsel for the Jackpine Joint Review Panel released a letter to participants including Bill Erasmus, Dene National chief and Assembly of First Nations regional chief, who said he was denied standing. There appears to have been confusion over how people could register as intervenors for the Jackpine hearings, since according to the Perkins letter they apparently did so on a company website that no relation to the Jackpine JRP. Perkins also attempted to clarify its constitutional role with First Nations, saying it did not have jurisdiction to decide whether or not the Crown was consulting properly. (PDF copy below)

The Perkins letter also said that the Fort McKay First Nation, Fort McMurray First Nation #468, the Athabasca Cree First Nation, Fort McKay Metis Community Association and the Metis Association of Alberta Region 1 plus some individual members of First Nations are allowed to participate in the hearings.

Controversy continued as the hearings opened, as reported in Fort McMurray Today, that there was poor consultation between Shell and the local First Nations and Metis communities.

On November 8, ACFN spokesperson Eriel Deranger and Athabasca Chipewyan Chief Allan Adam said the project was a threat to the traditional life of Alberta First Nations: “Our land … have shrunk and continue to shrink because of the development,” Adam told the newspaper.

Hot potato for the District of Kitimat

The arcane rules of the Northern Gateway Joint Review Panel has caused months of confusion and frustration for many of those who participated, whether they from the BC provincial Department of Justice or other government participants, intervenors or those making ten minute comments.

Although most people in northwestern British Columbia support the liquified natural gas projects, the prospect of a new Joint Review Panel could likely quickly become controversial in this region. A Coastal GasLink JRP will be the first real test of the restrictions on environmental review imposed on Canada by the Harper government. Environmental groups, especially the few groups that oppose any pipeline projects, will be wary of precedents and likely to test the limits from Bill C-38. Both environmental groups and First Nations will be on alert for any limitations on who can participate in a review. First Nations, even if they support the LNG projects, as most do, will be wary of any attempt by the federal government to limit consultation, rights and title.

A Coastal Gaslink JRP will be a big hot potato for District of Kitimat Council, which has taken a controversial strictly neutral position on the Enbridge Northern Gateway pipeline project until after that Joint Review Panel reports sometime in 2014. Can the District Council now take a positive position on a natural gas pipeline, which from all appearances council supports, long before a Coastal GasLink JRP report (if there is a panel) without facing charges of hypocrisy?

The northwest is in for interesting times.

Canadian Environmental Assessment Page for Coastal GasLink Project

CEAA Coastal GasLink project description  (pdf)

Letter about participation in the Jackpine JRP

 

TransCanada plans rugged over-mountain route for gas pipeline to Kitimat

 

Coastal GasLink map
A map from TransCanada’s Coastal GasLink showing the conceptual route of the proposed natural gas pipeline from the shale gas fields in northeastern BC through the mountains to Kitimat and the proposed Shell LNG facility. (TransCanada)

TransCanada plans a rugged over-mountain route for its proposed Coastal Gaslink pipeline to the Shell Canada liquified natural gas project in Kitimat, BC, company officials said Monday, Oct. 15, 2012, in two presentations, one to District of Kitimat Council and a second at a community town hall briefing.

The pipeline would initially carry 1.7 billion cubic feet of natural gas per day from the Montney Formation region of northeastern British Columbia along a 48 inch (1.2 metre) diameter pipe over 700 kilometres from Groundbirch, near Dawson Creek, to Kitimat, site of the proposed Shell Canada LNG Canada project.

Rick Gateman, President of Coastal GasLink Project, a wholly owned TransCanada subsidiary told council that the project is now at a “conceptual route” stage because TransCanada can’t proceed to actual planning until it has done more detailed survey work and community consultations.

At the same council meeting, documents from Shell Canada notified the District that it has formally applied to the National Energy Board for an export licence for the natural gas.

Rick Gateman
Rick Gateman, president of TransCanada’s Coastal GasLink addresses District of Kitimat Council, Oct. 15, 2012. (Robin Rowland)

Gateman told council that since the pipeline itself will be completely within the province of British Columbia, it comes under the jurisdiction of the British Columbia Environmental Assessment process and the BC Oil and Gas Commission and that the NEB will not be involved in approving the pipeline itself.

At first, the Coastal Gas Link pipeline would be connected to the existing Nova Gas Transmission system now used (and being expanded) in northeastern British Columbia.

From Vanderhoof, BC to west of Burns Lake, the Coastal GasLink pipeline would be somewhat adjacent to existing pipelines and the route of the proposed Enbridge Northern Gateway bitumen pipeline and the proposed Pacific Trails natural gas pipeline.

Somewhat south of Houston, however, the pipeline takes a different route from the either the Northern Gateway or Pacific Trails Pipeline, going southwest, avoiding the controversial Mount Nimbus route.

Howard Backus, an engineering manager with TransCanada told council that the route changes so that Coastal GasLink can avoid “congestion” in the rugged mountain region.

Backus said that the Pacific Trails Pipeline for Apache and its partners in the Kitimat LNG project “is skirting” Nimbus while Enbridge plans to tunnel through the mountain. That tunnel is one of the most controversial aspects to the Northern Gateway project. The local environmental group Douglas Channel Watch has repeatedly warned of the dangers of avalanche and geological instability in the area where the Northern Gateway pipeline emerges from the tunnel. Enbridge has challenged Douglas Channel Watch’s conclusions in papers filed with the Northern Gateway Joint Review panel.

Under TransCanada’s conceptual route, the pipeline heads southwest and then climbs into the mountains, crossing what Backus calls “a saddle” (not a pass) near the headwaters of the Kitimat River. The pipeline then comes down paralleling Hircsh Creek, emerging close to town, crossing the Kitimat River and terminating at the old Methanex plant where Shell plans its liquified natural gas plant. (That means that if the conceptual plans go ahead, the TransCanada pipeline would climb into the mountains, while Pacific Trails finds a way around and Enbridge tunnels).

Backus told council that going north “created more issues,” but did not elaborate.

Backus assured people at the town hall that energy companies have a lot of experience in building pipelines in mountainous areas, including the Andes in South America.

Asked by a local businessman at the town hall if it was possible to build a road along the route of the pipeline, Backus said the mountain areas would be too steep.  Any pipeline maintenance would have to be done by tracked vehicle, he said.

Gateman told council that the pipeline would be buried along its entire route. If Shell increases the capacity of its LNG facility in Kitimat, the Coastal Gaslink pipeline could increase to 3.4 billion cubic feet a day or perhaps even more. For the initial capacity, the company will have one compressor station at the eastern end of the line. If capacity increases or if the route requires it, there could be as many as five additional compressor stations. (TransCanada’s long term planning is based on the idea that Shell will soon be adding natural gas from the rich Horn River Formation also in northeastern BC to the Kitimat export terminal.)

TransCanada will begin its field work, including route and environmental planning and “community engagement” in 2013 and file for regulatory approval in 2014. Once the project is approved, construction would begin in 2015.

Gateman said that TransCanada is consulting landowners along the proposed right of way and “on a wide area on either side.” The company also is consulting 30 First Nations along the proposed route. Gateman told council, “We probably have the most experience of any number of companies in working directly with and engaging directly with First Nations because of our pipelines across Canada.”

(Despite Gateman’s statement, the TransCanada maps showed that the Coastal Gaslink Pipeline would cross Wet’suwet’en traditional territory and officials seemed to be unaware of the ongoing problems between Apache and the Pacific Trails Pipeline and some Wet’suwet’en Houses who oppose that pipeline).

Gateman told council that the pipeline would be designed to last at least 60 years. He said that in the final test stages, the pipeline would be pressured “beyond capacity” using water rather than natural gas to try and find if any leaks developed during construction.

He said that the company would restore land disrupted by the construction of the pipeline, but noted that it would only restore “low-level vegetation.” Trees are not permitted too close to the pipeline for safety reasons.

TransCanada made the usual promises the region has heard from other companies of jobs, opportunities for local business and wide consultations. (TransCanada may have learned lessons from the botched public relations by the Enbridge Northern Gateway. A number of Kitimat residents have told Northwest Coast Energy News that TransCanada was polling in the region in mid-summer, with callers asking many specific questions about environment and the spinoffs for communities).

Councillor Phil Germuth questioned Gateman about the differences between a natural gas pipeline and a petroleum pipeline. Gateman replied that the pipelines are pretty much the same with the exception that a natural gas pipeline uses compressor stations while a petroleum pipeline uses pumping stations. Gateman did note that the original part of the controversial Keystone XL pipeline that would carry bitumen through Alberta and US mountain states to Texas was a natural gas pipeline converted to carry the heavier hydrocarbons.

Although the natural gas projects have, so far, enjoyed wide support in northwestern British Columbia, environmental groups and First Nations have raised fears that sometime in the future, especially if there is overcapacity in natural gas lines, that some may converted to bitumen, whether or not Northern Gateway is approved and actually goes ahead.

Shell application to NEB

In a fax to District of Kitimat council, Shell Canada Senior Regulatory Specialist Scot MacKillop said that the Shell had applied to the National Energy Board on September 25, 2012 for a licence to export LNG via Kitimat for the next 25 years.

The Shell proposal, like the previous Kitimat LNG and BC LNG proposals, are export applications, unlike the Enbridge Northern Gateway which is a “facility application.”
In its letter to Shell’s lawyers, the NEB took pains to head off any objections to the project on environmental or other grounds by saying:

the Board will assess whether the LNG proposed to exported does not exceed the surplus reaming after due allowance has been made for the reasonably foreseeable requirements for use in Canada. The Board cannot consider comments that are unrelated…such as those relating to potential environmental effects of the proposed exportation and any social effects that would be directly related to those environmental effects.

A lesson for BC: Michigan 911 system failed during the Kalamazoo spill, NTSB says

The 911 system failed during the 2010 Marshall, Michigan, Enbridge pipeline breach, according to the full report in the incident released by the US National Transportation Safety Board.

The NTSB report says the 911 operators in Michigan dismissed eight calls reporting gas or petroleum odours over a period of 14 hours between the initial report of a bad odour and the actual discovery of diluted bitumen polluting Talmadge Creek.

The report also says the local firefighters were unfamiliar at that point with potential problems from a bitumen pipeline as opposed to a leak of a consumer natural gas pipeline.

Although the NTSB report puts most of the onus on an inadequate Enbridge “Public Awareness Program” (PAP) which failed to familiarize first responders to potential problems, the report raises questions whether British Columbia, especially the north, is properly prepared for all the energy development that is occurring. Whether or not the Enbridge Northern Gateway project proceeds, there are three active and possibly as many as three or four planned liquified natural gas projects for the northwest, ongoing exploration and production in the northeast and the proposed Kinder Morgan expansion in the lower mainland.

The NTSB says that Sunday, July 25, 2010, at 5:58 pm. EDT, a segment of a 30 inch (7.62 cm) diameter pipeline (Line 6B) operated by Enbridge ruptured in a wetland in Marshall, Michigan. The rupture occurred during the last stages of a pipeline shutdown planned by Enbridge. The leak was not discovered or addressed for over 17 hours, largely due to problems in the Enbridge control room in Edmonton.

During the time lapse, the NTSB says, Enbridge twice pumped additional oil (81 percent of the total release) into Line 6B during two pipeline start ups; the total release was estimated to be 843,444 gallons or 3.192 million litres of crude oil. The oil saturated the surrounding wetlands and flowed into the Talmadge Creek and the Kalamazoo River.

According to the NTSB time line, at 8:56 pm., Michigan Gas Utilities dispatched a senior service technician after residents reported a natural gas odour. At 9:25 pm. on July 25, a local resident called the Calhoun County 911 dispatch:

I was just at the airport in Marshall and drove south on Old 27 [17 Mile Road]
and drove back north again and there’s a very, very, very strong odour, either
natural gas or maybe crude oil or something, and because the wind’s coming out
of the north, you can smell it all the way up to the tanks, right across from where
the airport’s at, and then you can’t smell it anymore.

By 9:32 pm., the Marshall City Fire Department had been dispatched in response to the 9:25 pm. call to 911. The 911 dispatcher told the responders there was a report of a bad smell of natural gas near the airport. The responding firefighters were also dispatched. The firefighters checked pipelines and industrial building near the airport. “using a combustible gas indicator” to try to locate the origin of the odour, but did not detect anything.

NTSB map of first responders at Kalamazoo spill
A map from the NTSB report showing where the fire department responded to the reports of a gas smell at Marshall, MIchigan, and the location of the actual pipeline break. (NTSB)

The NTSB says the service technician from Michigan Gas Utilities “crossed paths with some of the fire department personnel” but found no evidence of a gas leak.

The fire department personnel departed the scene at 10:54 pm. to return to the station.

The NTSB report says: “ a combustible gas indicator measures percentage of the lower explosive limit, it likely would not detect the oil unless it was very close to the source.”

At 11:33 pm, the area’s 911 system received the first of the seven additional calls when an employee at a business called to report a natural gas odour.

The 911 dispatcher told the caller that the fire department had already responded
to calls in the area, and no more personnel were dispatched.

A map of the incident response by the NTSB shows that the area near the airport where the firefighters responded was actually some distance from the pipeline rupture.

Over the next 14 hours, the NTSB says, 911 received seven more calls reporting strong natural gas or petroleum odours in the same vicinity. “The 911 dispatcher repeatedly informed the callers that the fire department had been dispatched to investigate the reported odours.”

Enbridge had been working on restarting the pipeline all night. In Edmonton, at 10:16 am, the Enbridge control room spoke to the regional manager based in Chicago to send someone to
walk along the pipeline, upstream and downstream of the Marshall pumping station.

According to the NTSB, the Chicago regional manager replied, “I wouldn’t think so. If it’s right at Marshall—you know, it seems like there’s something else going wrong either with the computer or with the instrumentation. …you lost column and things go haywire, right?” He went on to say, “…I’m not convinced. We haven’t had any phone calls. I mean it’s perfect weather out here—if it’s a rupture someone’s going to notice that, you know and smell it.” The Chicago regional manager told shift lead C1 that he was okay with the control centre starting Line 6B again.

At 11:17 am, a caller from a second gas utility, Consumers Energy, called the Enbridge emergency line telling the control room: “I work for Consumers Energy[30] and I’m in Marshall. There’s oil getting into the creek and I believe it’s from your pipeline. I mean there’s a lot. We’re getting like 20 gas leak calls and everything.”

At 11:18 am Enbridge closed the remote valves sealing off the rupture site within a 2.95-mile section. By 11:20 am., the shift lead had called the Chicago regional manager to tell him about the notification. By 11:37 am., another Consumers Energy employee notified 911 about the crude oil leak in a creek near Division Drive.

The Fredonia Township Fire Department was dispatched by the 911 centre shortly after the call. At 11:41 am., the Edmonton control centre received confirmation from an Enbridge crossing coordinator located at the Marshall pipeline maintenance shop confirming the oil on the ground.

The NTSB says:

The 911 operators repeatedly informed the callers that the fire department had been dispatched to investigate the issue, but the 911 operators did not contact the pipeline operator or advise the public of health and safety risks. The 911 operators never dispatched the fire department in response to the subsequent calls even though these calls occurred over several hours, indicating an ongoing problem. The actions of both the first responders and the 911 operators are consistent with a phenomenon known as confirmation bias,128 in which decision makers search for evidence consistent with their theories or decisions, while discounting contradictory evidence. Although there was evidence available to the first responders that something other than natural gas was causing noticeable odours in the Marshall area, they discounted that evidence, largely because it contradicted their own findings of no natural gas in the area. Similarly, the 911 operators, with the evidence from the first responders of no natural gas in the area, discounted subsequent calls regarding the strong odours in the Marshall area. Those calls were inconsistent with their own views that the problem causing the odours was either nonexistent or had been resolved.

The NTSB report then says:

Although Enbridge had provided training to emergency responders in the Marshall area in February 2010, the firefighters’ actions showed a lack of awareness of the nearby crude oil pipeline: they did not search along the Line 6B right-of-way, and they did not call Enbridge. The NTSB concludes that had the firefighters discovered the ruptured segment of Line 6B and called Enbridge, the two start ups of the pipeline might not have occurred and the additional volume might not have been pumped.

The NTSB reviewed Enbridge’s PAP, which was intended to inform the affected public,
emergency officials, and public officials about pipelines and facilitate their ability to recognize
and respond to a pipeline rupture.

The report says:

Although RP 1162 requires operators to communicate with audiences every 1 to 3 years, Enbridge mailed its public awareness materials to all audiences annually. However, even with more frequent mailings, this accident showed that emergency officials and the public lacked actionable knowledge.

The NTSB goes on to say:

Public knowledge of pipeline locations and the hazards associated with the materials
transported is critical for successful recognition and reporting of releases, as well as the safe response to pipeline ruptures. The transportation of hazardous materials by pipeline is unlike hazardous materials transportation by railroad or highway because a pipeline is a permanent fixture. A pipeline presents a unique challenge to awareness because it is often buried. When pipeline releases occur, a properly educated public can be the first to recognize and report the emergency.

A survey quoted by the NTSB says that of those who responded in the United States. only 23 percent of the affected public and 47 percent of emergency officials responded that they were “very well informed” about pipelines in their community.

The NTSB says Enbridge failed to properly conduct and monitor its public awareness program and management’s “review of its PAP was ineffective in identifying and correcting deficiencies. The NTSB further concludes that had Enbridge operated an effective PAP, local emergency response agencies would have been better prepared to respond to early indications of the rupture and may have been able to locate the crude oil and notify Enbridge before control centre staff tried to start the line.”

In May 2011, Enbridge revised its public awareness plan and created a public awareness
committee, but just months later, in July 2011, the US Pipeline and Hazardous Materials Safety Administration conducted an audit of Enbridge’s plans and identified several
deficiencies in the company’s program evaluation and effectiveness reviews and required that
Enbridge correct the deficiencies.

Overall, the report says:

Although Enbridge and PHMSA have taken these actions, the NTSB is concerned that
pipeline operators do not provide emergency officials with specific information about their pipeline systems. The brochures that Enbridge mailed did not identify its pipeline’s location. Instead, the brochures directed the audiences to pipeline markers and to PHMSA’s National Pipeline Mapping System. In the NTSB’s 2011 report of the natural gas transmission pipeline rupture and fire in San Bruno, California, the NTSB made the following safety recommendation to PHMSA:

Require operators of natural gas transmission and distribution pipelines and
hazardous liquid pipelines to provide system-specific information about their
pipeline systems to the emergency response agencies of the communities and
jurisdictions in which those pipelines are located. This information should include
pipe diameter, operating pressure, product transported, and potential impact
radius.

The report concludes:

The NTSB recommends that the International Association of Fire Chiefs  and the National Emergency Number Association  inform their members about the circumstances of the Marshall, Michigan, pipeline accident and urge their members to aggressively and diligently gather from pipeline operators system-specific information about the pipeline systems in their communities and jurisdictions.

In Canada, the National Energy Board, which is responsible for overseeing pipeline operations did inspect the Enbridge control room after the NTSB report.

The NEB, of course, has nothing to do with the 911 system.

RCMP North District
RCMP map showing the extent of British Columbia’s “North District.” (RCMP)

One question for northern British Columbia is how prepared is the 911 system to handle a major pipeline incident now or in the future. For police and fire, the RCMP communications system must cover all of “North District” from Prince George. (The RCMP did not return a phone call requesting information on 911 training and procedures)

For BC Ambulance the dispatch centre is in Kamloops.

Fire departments in northwest British Columbia, so far, have had minimal training in potential pipeline problems, like the fire department in Michigan, enough to detect and deal with consumer and local industrial natural gas systems. It’s clear that the province of British Columbia, if it is going to promote liquified natural gas as a foundation of a new provincial economy, it must plan and budget for a major upgrade to the 911 system, with a new police, fire and ambulance dispatch centre.

 

 

 

 

 

Geological Survey of Canada identifies tsunami hazard, possible fault line on Douglas Channel

Fault zone map Douglas Chanel
A map from the Geological Survey of Canada showing the line of a possible seismic fault on Douglas Channel (Geological Survey of Canada)

 

Updates with statement from Natural Resources Canada, new filings by Enbridge Northern Gateway and the Attorney General of Canada (in box below)

The Geological Survey of Canada has identified a tsunami hazard and a possible seismic fault in Douglas Channel near Kitimat. A scientific paper by the Geological Survey and the Department of Fisheries and Oceans says there were once two giant landslides on Douglas Channel that triggered major tsunamis and that the landslides were possibly caused by an earthquake on the fault line.

Kitimat is the proposed site of the Enbridge Northern Gateway project and at least three liquified natural gas projects.

If the projects go ahead, hundreds of supertankers with either bitumen or LNG will be sailing in the channel for years to come.

A filing by the Attorney General of Canada with the Northern Gateway Joint Review Panel is asking the JRP for leave to file late written evidence long after the original deadline of December 2011. The Attorney General’s motion was filed on August 17, but went unnoticed until the Kitimat environmental group Douglas Channel Watch brought the matter up with District of Kitimat Council tonight (Sept. 17).

Appended to the Attorney General’s motion is a copy of a scientific paper from the Geological Survey “Submarine slope failures and tsunami hazards in coast British Columbia: Douglas Channel and Kitimat Arm” by Kim W Conway, J.V. Barrie of the Geological Survey and Richard E. Thomson of the Department of Fisheries and Oceans.

The report says the scientists discovered “evidence of large submarine slope failures in southern Douglas Channel.”

It goes on to say: “The failures comprise blocks of bedrock and related materials that appear to have been detached directly from the near shore off Hawkesbury Island.” Hawkesbury Island and many of the other islands in Douglas Channel are built up with material left over from the ice age glaciers and thus are vulnerable to displacement and landslides.

The research identified two slides, one estimated at 32 million cubic metres and a second of 31 million cubic metres. The report goes on to say that the discovery of an “apparently active fault presents the possibility that they may have been triggered by ground motion or surface rupture of the fault during past earthquake events.”

The slope failure landslides are covered with thick layers of mud, and that, the scientists say, could mean that the failures could be ancient, possibly occurring 5.000 to 10,000 years ago. Further research is needed to confirm the date of the giant slides.

What is worrying about the discovery is that fact that there were two recent submarine slope failures on the Kitimat Arm of Douglas Channel. both creating tsunamis. The first slope failure occurred on October 17, 1974, triggering a 2.4 metre tsunami at low tide. Then on April 27, 1975 there was a second slope failure near low tide on the northeast slope of the Kitimat Arm that generated an 8.2 metre tsunami. The 1975 tsunami destroyed the Northland Navigation dock near Kitimat and damaged the Haisla First Nation docks at Kitamaat Village.

The paper says that “Additional geological research is required to better delineate the age of the submarine failures, their triggers, and their mechanisms of emplacement.”

Urgent new research is underway and the filing by the Attorney General says when the Department of Justice requested leave to file late evidence says it anticipates that the further research by DFO is expected to be completed by November 1. The Natural Resources Canada Earth Sciences Sector began a national assessment of submarine slope failures in Canada in late 2011 and completion of the Pacific portion of this assessment is targeted for December of 2012.

The Attorney General’s filing says that DFO is now modelling “potential wave heights and speeds that may have resulted from the two previously unrecognized submarine slope failures in the Douglas Channel.” The model will use high resolution scans of the Douglas Channel seafloor to create the models.

The survey of Douglas Channel in 2010 suggests the possible existence of a fault immediately to the south of the second ancient slide on Hawkesbury Island.

The GSC paper says that evidence for a continuous fault was observed by aligned stream beds and fractures on the south end of Hawkesbury Island, about four kilometers from the site of the second ancient slide. The possible fault then appears to terminate far to the south near Aristazabal Island on the Inside Passage. The Geological Survey says that eleven small earthquakes, all less than magnitude three, have appeared with 20 kilometres of the suspected fault over the past 25 years.

The paper says that the scientists conclude that the slides appear to have left very steep slopes at or near the shoreline that could be susceptible to future failure events.

A large potential slope failure has been identified near one of the ancient slides….

in the absence of additional evidence, the fault must be considered a potential trigger for the submarine failure events….the triggers for the failures have not been defined; however, their proximity to a potentially active fault represents one potential source. The failures probably generated tsunamis during emplacement and conditions exist for similar failures and associated tsunamis to occur along this segment of Douglas Channel in the future.

The scientists say that detailed tsunami modelling is underway to

provide an improved understanding of the generation, propagation, attenuation, and likely coastal inundation of tsunami waves that would have been created by slides… or that could be generated from similar future events. Only through the development and application of this type of tsunami modelling will it be possible to gauge the level of hazard posed by the identified submarine slope failures to shore installations and infrastructure, or to devise ways to effectively mitigate the impacts of future such events.

The filing by the Attorney General offers to bring the scientists to the Joint Review Panel to appear as witnesses sometime during the final hearings.

The filing notes that the current evidence tendered to the JRP by Enbridge, and other parties does demonstrate the potential for marine geohazards and associated tsunami events. Enbridge’s design of the proposed Northern Gateway marine terminal and its operational plans took into consideration the current state of knowledge of geohazards including earthquakes and tsunamis at the time of filing. Enbridge has said it would undertake further geological survey during the detailed design phase for the terminal.

At the time Natural Resources Canada noted that the information provided for the Environmental Review was sufficient at that time, now the Attorney General says:

the geographic scope for potential landslide induced tsunami hazards is now better understood to extend beyond the Kitimat Arm. NRCan and DFO seek by this motion to ensure that this Panel, and the Parties before the Panel, have the most up to date information on geohazards in the Douglas Channel.

 


Updates: DFO report in October will clarify the tsunamis in Douglas Channel.


Statement from Natural Resources Canada

Natural Resources Canada sent this statement to Northwest Coast Energy News on September 20, 2012.

In reference to the opening paragraph of your September 18th editorial entitled Geological Survey of Canada identifies tsunami hazard: Possible fault line on Douglas Channel, we would like to clarify the following. Although the ancient large submarine slope failures which our scientists have identified may have caused tsunamis, this is not a certainty. It is important to note that Fisheries and Oceans Canada is currently studying this information to model potential wave heights and speeds.

As our report states, only through the development and application of this type of tsunami modelling will it be possible to gauge the level of hazard posed by the identified submarine slope failures to shore installations and infrastructure, or to devise ways to effectively mitigate the impacts of future such events.

 Northern Gateway response filed on August 31, 2012

Enbridge Northern Gateway filed this response to the Attorney General’s motion on August 31.

This motion of the Federal Government Participants requests permission to file late evidence consisting of a report entitled “Submarine Slope Failures and
Tsunami Hazard in Coastal British Columbia: Douglas Channel and Kitimat Arm” regarding tsunami hazard and additional modelling work based on that report.

Northern Gateway does not object to the filing of this late intervenor evidence.
It may be relevant and Northern Gateway accepts that theevidence could not be filed earlier. However, Northern Gateway would like the opportunity to conductits own additional modelling work which it would be prepared to provide to DFO for comment prior to the filing of any modelling work by DFO in this proceeding.

Attorney General response to Enbridge on September 10, 2012.

The Attorney General of Canada responded to Enbridge by saying:

Attorney General responds DFo is prepared to await filing its subseqent modelling work in these proceedings until such time as it has received, reviewed and commented upon additional modelling work as proposed by NGP Inc.

DFO nots howeverand wishes to alert the JRP that the NGP INc proposed may occasion a delay in the filing of the DFO moedling work which is now proposed for filing on or about October 31, 2012. Delivery of DFO comments as requested will depend on when DFO received the NGP Inc modelling work, the time and resources required by DFO to study and provide comments on the NGP modelling work and unforeseen factors which may have an impact upon completion the commentary. As such,

DFO is prepared to file its modeling work on or about October 31, 2012, but subject to any further direction or request by the panel.

 


Map of Douglas Channel
Geological Survey of Canada map of Douglas Channel showing the area surveyed which discovered the landslides and possible fault line. (Geological Survey of Canada)

;

;

Map of slides at Kitimat
Map from the Geological Survey of Canada showing the landslides on the Kitimat Arm which triggered tsunamis in 1974 and 1975 (Geological Survey of Canada)

;

;

Slide at Hawkesbury Island
Map from the Geological Survey of Canada showing the giant slide on the southern tip of Hawkesbury Island. (Geological Survey of Canada)

;

Hawkesbury Island slide map
Map from the Geological Survey of Canada showing the second giant slide on the coast of Hawkesbury Island on Douglas Channel (Geological Survey of Canada)

Department_of_Justice Notice of Motion of the Attorney General of Canada Seeking to Tender Supplementary Written Evidence (pdf)

Submarine Slope Failures and Tsunami Hazard in Coastal British Columbia Douglas Channel and Kitimat Arm PDF

Enbridge faces $68,000 fine for not inspecting pipeline branch in Ohio

Enbridge is facing a new penalty from the US Pipeline and Hazardous Materials Administration for not inspecting a pipeline branch in Ohio and Michigan. The decision by the PHMSA comes just after a couple of days after the agency acknowledged that Enbridge had paid the civil penalty for the Marshall, Michigan oil spill with a wire transfer to the US Treasury of $3,699,200 on August 12. It was the Marshall pipeline breach and spill that led to bitumen entering the Kalamazoo River.

The new proposed penalty is much lower, just $68,000. It relates to the PHMSA inspection of Enbridge’s Toledo pipeline between July 12 and July 15, 2010.

The PHMSA says it found three alleged violations of federal pipeline safety regulations.

As well as the proposed civil penalty of $68,000, Enbridge Toledo is required to submit past records for inspections of subsequent overpressure safety devices and out-of-service tanks
The agency lists the violations as:

1. Failure to adequately inspect the right-of-way at a mainline valve location in Toledo as required by 49 CFR §195.412.
No proposed penalty — Warning Item.
1. Exceeding the maximum interval for inspection of 12 overpressure safety devices as required by 49 CFR §195.428.
Proposed penalty is $39,000 + PCO.
1. Exceeding the maximum interval for API 653 internal inspections of two breakout tanks located at Stockbridge, MI as required by 49 CFR §195.432.
Proposed penalty is $29,600 + PCO.

Enbridge can, if it wishes, challenge the NOPV (Notice of Possible Violation) in court.  In the case of the original Marshall, Michigan, spill NOPV, Enbridge did not challenge the findings of the PHMSA and paid the penalty.

The new document sent to Enbridge by David Barrett, PHMSA Director, Central Region says that the company failed to perform internal inspections or establish a corrosion rate for the bottom plates of its tanks within the 10 year period as required by US regulations. It also says Enbridge failed to demonstrate that they had established a basis for the corrosion rate for the tank bottoms and exceeded the 10 year maximum internal inspection interval for unknown corrosion rates.

Additionally, Enbridge did not have similar service experience, or procedures to apply similar service experience available to make this inspection interval determination.

The PHMSA also says that Enbridge Enbridge failed to inspect its overpressure safety devices at intervals not exceeding 15 months, but at least once each calendar year. The inspection intervals exceeded the maximum 15 month interval by 14-24 days for the overpressure safety devices listed int the order.

The compliance order calls for Enbridge to submit documentation of all inspections performed on
each of the tanks and overpressure devices listed in the PHMSA order from 2010 to present. Enbridge has to internally inspect each of the tanks and to submit to the PHMSA documentation on the “safety improvement costs” needed to comply with the order.

As for the Marshall, Michigan spill, while Enbridge promptly paid the civil penalty, the PHMSA order notes

This Order does not resolve any existing or potential civil or criminal liability that Enbridge may have for any other violations of the federal Pipeline Safety Laws, or any regulations or orders issued thereunder, not specifically enumerated herein. Further, this Order does not resolve any existing or potential civil or criminal liability that Enbridge may have for violations ofany other federal laws arising from or otherwise related to the events or conduct giving rise to this Order or
to the consequences or damages resulting from the Failure.

Link: PHMSA Inspection of Enbridge (Toledo) Pipeline Results in NOPV and Civil Penalty

PHMSA Final Order Marshall Michigan spill PDF