TANKER TRAFFIC AND TAR BALLS: What TransCanada’s Energy East Pipeline Means for the Bay of Fundy and Gulf of Maine By Matthew Abbott, Conservation Council of New Brunswick TANKER TRAFFIC AND TAR BALLS: WHAT TRANSCANADA’S ENERGY EAST PIPELINE MEANS FOR THE BAY OF FUNDY AND GULF OF MAINE Published by: www.fundybaykeeper.ca CONSERVATION COUNCIL OF NEW BRUNSWICK The Fundy Baykeeper works for the Conservation Council to 180 St. John Street defend the public’s right to a healthy Bay of Fundy. This right Fredericton New Brunswick Canada E3B 4A9 is inherent in laws written to protect the marine environment and the species that inhabit it. The Fundy Baykeeper’s top www.conservationcouncil.ca priority is to make sure environmental laws are enforced. Tel: (506) 458-8747 email: [email protected] The Conservation Council of New Brunswick is a non-profit organization that creates awareness of environmental problems and advances practical solutions through research, education and interventions. Front Cover: Coastline at the community of Red Head, near Saint John, New Brunswick. August 2015 Aussi disponible en français M a n God i c o b u g TANKERo TRAFFIC AND TAR BALLS: WHAT TRANSCANADA’S ENERGY EAST PIPELINE MEANS FOR THE BAY OF FUNDY AND GULF OF MAINE u a t n R a R u . x O u ta B rd e e ts s ia mi R tes . Sa R u . l t- au x- Madeleine R. Co York R. ch on s R. C Bonaventure R as ca Saint-Jean R. p TANKER TRAFFIC AND TAR BALLS: e No d u i M v a M a e R é t l t a le . Sa i p gu R s R en R e ay i . R. m . d i o a u R What TransCanada’s Energy East Pipeline s k . i M R al . ba ie R . B AY O CAMPBELLTON F CHALEU Means for the Bay of Fundy and Gulf of Maine R QUEBEC . R BATHURST r e i t R r E a V c I r MAGDALEN ISLANDS - R Nepisigu Rive The Saint John area, the Bay of Fundy, and s it TransCanada’s proposed Energy East E e C u EN q R c W Ja A . L Pipeline project has garnered a great deal Gulf of Maine face particularly elevated risks ST MIRAMICHI R. hi of media and political attention since it was as the export port for the project. Whales ic m a NEW BRUNSWICK ir M announced in August 2013. There has been, and other important marine species; the PROPOSED PIPELINE N however, woefully little discussion of how traditional fishery, tourism, and aquaculture O R TH UM BE the bitumen pipeline would impact the industries; and coastal communities all rely on RLA ND ST SYDNEY RA MONCTON IT New Brunswick environment. Of particular the dynamic but stressed Bay of Fundy/Gulf of FREDERICTON Sa int concern to New Brunswickers is what this Maine ecosystem. John R . project would mean for the Bay of Fundy – an This report touches briefly on the many integral part of the Gulf of Maine ecosystem – MAINE impacts the pipeline would have and takes SAINT JOHN and its impact on the diverse marine habitats, SAINT ANDREWS a more specific look at potential impacts to DY fisheries, ecotourism and aquaculture UN F F Y O the Bay of Fundy/Gulf of Maine system from BA industries the bay supports along the eastern GRAND MANAN tanker traffic, impacts on existing industries HALIFAX seaboard of Canada and the U.S. and businesses and the risks of potential spills. SABLE ISLAND YARMOUTH 1 TANKER TRAFFIC AND TAR BALLS: WHAT TRANSCANADA’S ENERGY EAST PIPELINE MEANS FOR THE BAY OF FUNDY AND GULF OF MAINE Path to the Sea, Energy East Pipeline Route to the Bay of Fundy The Energy East oil pipeline is a proposal of Alberta-based TransCanada Corporation to pipe up to 1.1 million barrels-per-day of bitumen from the oil sands in Alberta and Saskatchewan for export out of Eastern Canada. The pipeline would stretch approximately 4,600 kilometres across six provinces and would be the largest pipeline in North America. The proposal involves the conversion of existing natural gas pipeline in Ontario and the construction of approximately 1,400 kilometres of new pipeline in New Brunswick. It would be the first oil pipeline to span the length of the Shoreline at Anthony’s Cove Road, Red Head province of New Brunswick from the border at Quebec through the St. John River valley and Energy East Pipeline export terminal. Current of the planned marine export terminal could ending beside the Bay of Fundy at a marine plans include 18 large storage tanks, often change as TransCanada has yet to announce terminal at Red Head, a community in east Saint referred to as a “tank farm,” directly across from where or whether they will build a second John. homes on Anthony’s Cove Road with storage export terminal along the St. Lawrence River. capacity of up to 7.6 million barrels. A large TransCanada cancelled plans for an export The proposed marine terminal will be built on jetty would be built out into the Bay of Fundy terminal in Cacouna, Que., amid widespread land owned by Irving Oil, a New Brunswick- to the southwest of the existing Canaport public opposition to the plan, especially in based company that owns the refinery in Saint LNG dock. According to current information, light of sensitive beluga whale habitat likely John and is a partner in the Liquefied Natural the jetty would accommodate up to two to be affected. Gas (LNG) facility adjacent to the proposed supertankers for loading. The size and scope 2 TANKER TRAFFIC AND TAR BALLS: WHAT TRANSCANADA’S ENERGY EAST PIPELINE MEANS FOR THE BAY OF FUNDY AND GULF OF MAINE Oil for Export While pipeline proponents argue that Energy East is designed to service Eastern Canadian refineries, including the Irving refinery in Saint John, analysis shows that the product is primarily for export. According to calculations based on TransCanada’s documentation and the capacity of Canadian refineries to accept crude, it has been determined that approximately 80% of the total daily volume flowing through the pipeline would be shipped out of Canada.1 The National Energy Board: A flawed regulatory process Before delving into the implications of TransCanada’s pipeline project to the Bay of Fundy, it is important to examine the regulatory environment under which the project is being assessed. Irving Oil Refinery, Saint John New Brunswick Pipeline proposals that cross provincial jurisdictional energy projects. Founded in Council of New Brunswick argue, has boundaries, such as the Energy East Pipeline 1959, the NEB has undergone changes over significantly limited the capacity of members project, go before the National Energy the years. There was a significant change in of the public to participate in NEB hearings. Board (NEB), the federal regulator on cross- 2012 that, critics including the Conservation Timelines imposed on the NEB review 3 TANKER TRAFFIC AND TAR BALLS: WHAT TRANSCANADA’S ENERGY EAST PIPELINE MEANS FOR THE BAY OF FUNDY AND GULF OF MAINE process also threaten to stifle important discussion and limit constitutionally required In May 2015, over 60 groups consultation with First Nations, since hard across the country called on deadlines may rush a complex regulatory the NEB to close the Energy process. Further, the NEB no longer has the East file until TransCanada final say regarding whether a pipeline should decides on its final route. be built; it merely passes on its advice to the government of the day who is in no way bound to follow the recommendation. Changes to the NEB process made in 2012 now require that all First Nations, landowners, concerned members of the public, and organizations must apply for permission to participate in the hearing process. In order to be considered eligible, applicants must demonstrate that they are either directly affected by the pipeline or have relevant As noted above, TransCanada has made a incomplete project application. The NEB has expertise related to the project. The NEB then major revision to the Energy East application refused to close the file and has, instead, decides who can participate in the process by canceling the export terminal in Cacouna, continued with the process. In a Letter to all and who can write a letter of comment. Que. In May 2015, over 60 groups across the Parties on July 16, 2015, the NEB announced Applications to participate in the review of country called on the NEB to close the Energy the list of Aboriginal intervenors and stated the Energy East Pipeline project had to be East file until TransCanada decides on its final that it will soon rule on who else will be submitted by March 3, 2015, well before route, arguing it would be irresponsible of granted intervenor status in the hearing,2 all TransCanada’s application could be deemed the regulator to proceed with a review of an well before TransCanada has even finalized complete. its plans. 4 TANKER TRAFFIC AND TAR BALLS: WHAT TRANSCANADA’S ENERGY EAST PIPELINE MEANS FOR THE BAY OF FUNDY AND GULF OF MAINE The Bay of Fundy, a Natural Treasure Sitting on the northeast corner of the Gulf of Maine and nestled between the Nova Scotia and New Brunswick coastlines, the Bay of Fundy is a truly unique and awe-inspiring marine environment. Twice every day 160-billion tonnes of seawater rushes into, and back out of, the Bay of Fundy, creating the largest tides in the world.