The Edge of Disaster for the Great Lakes
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The Edge of Disaster for the Great Lakes Near Misses from Enbridge’s Aging and Degraded Line 5 The Edge of Disaster for the Great Lakes: Near Misses from Enbridge’s Aging and Degraded Line 5 Table of Contents 3 Three Strikes and You’re Out! 4 A Failed Safety Record, Corroding Pipeline and Corroded Public Trust 5 A Lack of Supports 5 Enbridge Lacks Pipeline Integrity and Insurance 6 A Duty to Protect the Great Lakes Now 7 Achieve True Energy Security Through Alternatives 8 What You Can Do “ [T]he Coast Guard is not semper paratus [always prepared] for a major pipeline oil spill in the Great Lakes.” Admiral Paul Zukunft, Commandant, U.S. Coast Guard THE EDGE OF DISASTER FOR THE GREAT LAKES 1 very day 540,0000 barrels of oil and natural gas liquids are carried along the bottom of the environ- mentally sensitive Straits of Mackinac, moving Ethrough pipelines with walls less than one inch thick. Line 5 runs 645 miles from Superior, Wisconsin to Sarnia, Ontario and was constructed in 1953 with a payment by Enbridge Energy of only $2,450 to the state of Michigan for an easement under the Straits. It is this easement agreement with the state of Michigan, which includes clear Source: University of Michigan Water Center requirements for operating the pipeline with due care, that has driven a campaign for transparency and account- ability against the operators, Enbridge Energy, to ensure unique and fragile environment of the Straits. Required that public trust in the Great Lakes is protected. This transparency has revealed that Line 5’s protective coating is report documents recent near disasters, which could have currently, or has previously been shown to be, missing in up resulted in a catastrophic spill, and are a result of poor to 47 locations, at least 16 locations have lacked the oversight and management from both Enbridge and state required structural support to hold the line safely in place, and federal agencies. Simply put, Enbridge has continu- and the pipelines are covered with quagga mussels— ously violated the easement agreement with Michigan and blocking the ability to undertake a full visual inspection.2 given the risks posed by the presence of Line 5 along the bottom of the Straits, it is not possible to protect our The Straits of Mackinac, which joins two Great Lakes and Great Lakes natural resources from this aging pipeline, separates Michigan’s two peninsulas, was described by a which are held in trust for all of us to fish, recreate, and University of Michigan hydrologist, Dr. Dave Schwab, as the otherwise enjoy. Governor Whitmer has a duty to act “the worst possible place for an oil spill in the Great urgently to terminate the easement as a result of Lakes.”3 The confluence of Lake Huron and Lake Michigan Enbridge’s violations. Termination of the easement and has fierce, rapidly changing currents that often are moving decommissioning Line 5 are necessary to fulfil her public in different directions at various depths, with a water flow trust obligations to protect natural resources that the up to ten times greater than that of Niagara Falls and state must manage for our benefit. often high waves that would render oil spill response equipment useless. Arctic-like conditions during Michigan’s Owned and operated by long winter months include low temperatures and an ice the Canadian energy shelf which would make recovery operations near impos- giant Enbridge Energy, sible if a spill were to occur. The University of Michigan has Line 5 carries petroleum shown that over 700 miles of Michigan and Ontario 4 products from tar sand coastline are within range of a Line 5 oil spill, threatening deposits in Western the unique birds, mammals, fish and reptiles which inhabit Canada (and elsewhere) the Great Lakes. The enormous cost of a spill, estimated at through Wisconsin and over $6.3 billion, includes losses to Great Lakes tourism, 5 Michigan to a refinery fisheries, natural resources and other damages. in Sarnia, Ontario, An NWF FOIA to state officials uncov- where most of the ered Enbridge inspection videos for Over the past 8 years the state of Michigan, under Republican Line 5, which revealed coating damage and Democratic leadership, has studied the risks from product continues on to and other easement violations. Line 5, including Enbridge’s operation of the pipelines as refineries and export well as alternatives to remove Line 5 from the open waters from Montreal. The original lifespan of this pipeline was of the Great Lakes. After nearly a decade, the evidence is 50 years—it is now 17 years beyond its expected term of clear that Enbridge’s operation of Line 5 poses an immediate service. The inland sections of Line 5 have leaked at least risk to the health of our source of freshwater, The Great 33 times along its route since 1968, discharging more than Lakes—which are held in public trust by the state. The risk 1.1 million gallons of oil.1 Independent monitoring shows the to the health and vitality of the Great Lakes, the source of underwater section of Line 5, which transitions from a drinking water for 40 million people, leaves no question single 30-inch pipeline inland to two 20-inch pipelines in that Line 5 needs to be removed immediately. the open waters of the Great Lakes, is no longer safe in the “ These steps are a handful of belated half-measures that put far too much faith in a company that has consistently misled the public. This isn’t enough, and for the sake of the one million jobs that depend on the health of our Great Lakes, we must do everything in our power to protect them.” Michigan Governor Gretchen Whitmer THE EDGE OF DISASTER FOR THE GREAT LAKES 2 A strike from an unknown course, likely a boat anchor, mangled Line 5 supports and damaged protective coating. Photo credit: Michigan Department of Natural Resources Three Strikes and You’re Out! ne of the greatest risks to Line 5 is a direct hit from “ An oil spill in the Great Lakes would have catastrophic an anchor or other object. The Enbridge funded consequences to Michigan’s environment and economy. study by Dynamic Risk estimated this risk to be a Michiganders deserve to know the full extent of the O1 in 60 chance, over 30 years. However, in less than two years since that report was issued, we now know Line 5 damage to Line 5 from last year’s anchor strike— has had at least 3 separate strikes, two of which decision because there’s simply too much at stake.” makers have labeled as near misses from a catastrophic U.S. Senator Gary Peters rupture. In 2018, the anchor of a tugboat passing through the Straits struck Line 5, leaving deep gouges in the pipeline.6 This event opened Michiganders eyes to Following these revelations, and Enbridge’s defiance to Enbridge’s careless response to assess integrity impacts work with state officials to assess damage, the Whitmer and the incapability of avoiding this risk. After promises administration, along with Attorney General Nessel, sought that Enbridge would put into place measures to prevent an emergency injunction against Enbridge that eventually future strikes, the state learned of two additional events required the shutdown of both the west and east legs of which were only mistakenly discovered by Enbridge Line 5 and forced Enbridge to carry out an investigation because they were working nearby to correct other into cause and impact. The proceedings that followed damage to the pipeline. revealed that Enbridge and the federal oversight agency, the Pipeline and Hazardous Materials Safety Administration While conducting maintenance work, Enbridge divers (PHMSA), did not assess integrity of the pipelines before discovered that a Line 5 anchor support on the east leg of supporting a partial restart. In fact, PHMSA merely the pipelines had been mangled by an unknown force, directed Enbridge to restart the pipeline “during daylight” likely an anchor, that also physically shifted the pipeline so they could see oil in the water. These actions further and completely removed its protective coating to bare justify the State’s position that federal oversight over this metal. In addition, it was discovered that the west leg of pipeline continues to be overwhelmingly insufficient. the pipelines had damage from a separate event that also went undetected and caused coating damage. While After several months of investigation, the cause of these Enbridge initially shut down Line 5 after discovering the latest strikes, and when they actually occurred, is still damage, they almost immediately re-started the line unknown. Enbridge has, however, revealed that their own before understanding the full extent of the damage and vessels could be to blame. Enbridge now claims their ignored calls from Governor Gretchen Whitmer to keep the self-assessment of the damage proves no additional lines shut down until further investigation could prove the integrity issues and they have been allowed to restart Line lines were safe to operate. 5 through a settlement with the State. Despite this narrow settlement, Michigan’s Attorney General continues to pursue the lawsuit to remove Line 5 from the Straits of “ To date, Enbridge has provided no explanation of what Mackinac because it is a public nuisance, because of the caused this damage and a woefully insufficient expla- many violations of the easement that allows Line 5 to be nation of the current condition and safety of the pipeline located along the Straits, and because removing Line 5 is as a result of this damage.