A draft version of a new investigative report released this week by Global Forest Watch and Treeline Ecological Research argues the series of underground leaks currently releasing a mixture of tar sands bitumen and water into a surrounding wetland and forest on the Cold Lake Air Weapons Range is related to a similar set of spills caused by Canadian Natural Resources Ltd. (CNRL) in-situ operations in 2009.

The cause of the 2009 seepage was never determined and details of an investigation by the Alberta Energy Regulator (AER), then called the Energy Resources Conservation Board (ERCB), weren’t made public until last year, four years after the initial incident.

The new report, called “CNRL’s Persistent 2013 Bitumen Releases Near Cold Lake, Alberta: Facts, Unanswered Questions, and Implications,” takes aim at the AER for allowing certain in-situ, or underground, tar sands extraction technologies to continue without adequately addressing “major unknowns.” The independent investigation reveals the AER continually fails to protect the public interest in relation to these spills and that both industry and government demonstrate 'dysfunction' in their lack of transparency with the public.

CNRL, the company responsible for both the 2009 and current leaks, uses a process called High Pressure Cyclic Steam Stimulation (HPCSS) to fracture underlying bedrock in order to extract bitumen under pressure. HPCSS uses extremely high pressures and temperatures to create underground fractures allowing for the migration of bitumen. According to the ERCB’s investigation of the 2009 incident, these underground fractures were offered as a potential explanation for the uncontrolled release of bitumen above ground.

Despite multiple investigations, regulators and industry were unable to definitively identify the cause of the 2009 incident. The new report’s two authors, Peter Lee and Dr. Kevin Timoney, suggest this lack of certainty makes the company’s continued operation in the area, and use of HPCSS technology, inexplicable.

“In light of the unquantified risks to the bitumen reservoir, groundwater, and the adjacent ecosystems, the decision by the ERCB to allow HPCSS to continue during and after the [2009] incident was unjustified by the available evidence,” the report states.

There are “spatial and temporal” reasons for believing the two incidents are related, claim the authors. An analysis of the time and locations of the seepage shows a consistent pattern of leaks, each migrating outwards from a central location where the 2009 incident occurred.

Although the causes of the incidents remain “unclear,” they write the seepage is “known to involve migration of bitumen emulsion through a network of vertical and horizontal fissures.”

A map of the affected areas in 2013 from the Global Forest Watch report.

“Due diligence dictates that all HPCSS operations should be suspended until major unknowns are addressed. If not, continued use of HPCSS may result in large and unpredictable costs, and those costs will not be borne by the energy companies but by future generations,” the report states.

Crystal Lameman, member of the Beaver Lake Cree Nation whose traditional territory the seepage is within, says the ongoing situation calls into question the role and ultimate purpose of the AER. “What is their job, really?” Lameman asks. “What is their job and what is their agenda?”

The AER’s role depends upon their ability to regulate industry, she says. “They are supposed to be monitoring them and ensuring they are following through with the proper protocols, policies and procedures,” she said.

Crystal Lameman of the Beaver Lake Cree Nation. Credit Emma Pullman.

Lameman says the AER’s inability to prevent multiple releases of bitumen into the environment is difficult to understand.

“Are they becoming deliberately ignorant to what industry is doing? Are they turning a blind eye? I guess I’m asking these questions because I can’t think of any other reason these thing like the CNRL spill can happen, or not be stopped, or reported at a quicker rate. It causes concern for me as someone who lives in a tar sands impacted community.”

For Lameman, the ongoing incident in Cold Lake is a part of a longer-running pattern.

“Since they’ve changed their name from the ERCB to the AER, I’ve seen nothing but a bad track record in the way they report, in the way they provide comment, the lack of expediting information to local First Nations people. What I’ve found is that we’re often the last ones to find out about these spills.”

The Global Forest Watch report also criticizes both the AER and CNRL for failing to communicate adequately with the media and the general public. The lack of information, says Lameman, leaves impacted communities guessing.

“What next? Are we going to find out that the spill from ’09 has been ongoing since ’09? And the AER, at that time the ERCB, didn’t tell us? Are we going to find out next that CNRL was pumping at higher pressures than they were supposed to?” she asked. The question of dangerously high injection pressures is a concern also raised by Timoney and Lee in the investigative report.

For Lameman, the events on CNRL’s site bring to light the inherent dangers of extracting bitumen deposits with in-situ technologies. “We’re putting our guards down when we believe the AER when it says that in-situ and SAGD are safer methods. How? How are these safe?” she asked. “The more spills that happen, [the AER] is proven otherwise.”

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New figures released yesterday from the Alberta Energy Regulator (AER) show a concerted effort is still underway to clean up the growing amount of bitumen emulsion – a mixture of tar sands oil and water – that is pooling in a forested area surrounding Canada Natural Resource Ltd.’s Cold Lake project.

The cause of the seepage, which shows no sign of subsiding, has yet to be determined.

AER’s updated volumes show that the total amount of bitumen emulsion recovered on four separate spill sites amounts to 1444.4 cubic metres, a volume equivalent to 1.4 million litres of oil.

In addition, cleanup crews have removed 494 cubic metres of oily vegetation from the forested landscape and an additional 1049.62 metric tonnes – equivalent to 2.3 million pounds – of “impacted soils.”

The AER’s previous figures, released August 29th, stated 1275.7 cubic metres of bitumen emulsion had been recovered to date, the equivalent of 1.2 million litres.

Between the dates of August 29th and September 6th roughly 168,800 litres of bitumen emulsion were recovered, equaling around 1062 barrels of oil equivalent, or an average of 150 barrels per day.

CNRL, the company responsible for the in-situ operations that led to the seepage, put out a release dated August 25-31 that claims the rate of bitumen emulsion release amounts to less than 20 barrels of bitumen emulsion per day.

The disparity between CNRL’s figures – a release of 20 barrels per day – and the AER recovery figures – of 150 barrels per day – is due to unrecovered bitumen emulsion on site, according to CNRL public affairs advisor Zoe Addington. CNRL is cleaning up more per day than is currently leaking, she said.

Original CNRL images released to reporter Emma Pullman show oil pooled high in a forested area, presenting both the company and provincial regulators with an extraordinarily difficult cleanup.

The CNRL statement also claims the company is “focusing on a reduced impact area of 13.5 hectares, a 35% reduction” since original reporting.

The AER report states 20.7 hectares have been impacted from the ongoing release.

CNRL is still working to recover bitumen, remove soil, manage contaminated water and expose fissures where bitumen emulsion is migrating to the surface on three of the leakage sites, says the AER. The company is also recovering bitumen, agitating and skimming oil from the surface of a water body and removing vegetation from the fourth site.

The AER also reports that to date 2 beavers, 43 birds, 104 amphibians and 40 small mammals are deceased as a result of the release.

CNRL’s latest statement reads, “unfortunately some animal fatalities have occurred and three beavers, seventeen birds and two small mammals are being cared for at a Wildlife Rehabilitation Centre…”

As part of an ongoing subsurface investigation CNRL is drilling hydrogeological and delineation wells around the affected locations and has cited “mechanical failures” as the presumed cause of the continuous leaks, although the AER recently told DeSmog Canada the cause remains unknown.

CNRL was responsible for a similar release in 2009 that was likely caused by underground fractures, according to a report by the Energy Resources Conservation Board, the former AER.

According to Cara Tobin, spokesperson for the AER, the current spill “is in the same operational area” as the 2009 release. “These are releases coming up from basically cracks in the ground, not from the well pad,” she said. Although, she adds, it is too early to say what might be the cause of this particular series of underground leaks.

“We do not have the technical data or evidence to verify what that cause might be…We will determine that through our investigation process,” she said.

Last week Environment Canada announced a federal investigation into the seepage is underway alongside two separate investigations at the provincial level.

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Canadian Natural Resource Limited (CNRL), the company responsible for a massive ongoing spill on the Cold Lake Air Weapons Range southeast of Fort McMurray released a public notice last week claiming the release was “secured” and that “clean-up, recovery and reclamation activities are well under way.”

Cara Tobin, Office of Public Affairs spokesperson for the Alberta Energy Regulator, said that CNRL has yet to bring the release under control. 

The spill, caused by a rare underground spring of bitumen emulsion, is the result of High-Pressure Cyclic Steam Stimulation (HPCSS) technology that forces steam into underlying bitumen reservoirs at temperatures and pressures high enough to fracture underlying formations.

“I don’t want to presume what they mean by [secure] but I can tell you a few things that might help clarify,” she said.

Under usual circumstances with HPCSS heavy bitumen is softened by steam injected under the surface, allowing the resulting water and oil mixture – called bitumen emulsion – to surface up a wellbore. In this instance the high pressures underground are creating multiple bitumen springs, forcing the oil mixture to the surface in numerous locations including under a body of water.

“With any incident the company would go to the site and identify the outer boundaries of the affected area,” Tobin said.

“There’s two things – one is control and one is containment. What they have done, to the best of my knowledge, is that they have identified the outer extent of the impacted area, which is generally called delineation. I think they were finishing that process [Friday]. And so they are getting to know and rope off the outer extent of the impacted area.”

“So that’s one thing. And that’s basically containment…In this case, this is still an ongoing incident. There is no control on this incident.”

According to CNRL the area of initial impact is 20.7 hectares, or just over 51 acres. The spill volume to date, initially reported at 28 cubic metres, was updated to 950 cubic metres, or nearly 6000 barrels of oil, over the weekend.

“In this case because the incident is ongoing there will continue to be more volume of product coming up to the surface but it’s not going to be impacting any vegetation [other] than what’s already impacted…There will still be more volume of product but it’s not going to be spreading further,” she said.

She added that although this spill is “relatively unique,” an incident of its kind occurred previously on the same CNRL site.

“It’s not like it hasn’t happened before though. We have information on our website, about a similar incident that happened in 2009 and it was the same sort of thing where pressure pushed bitumen to surface and until that pressure was naturally able to recede underground the product continued to – very slowly – come to surface.”

Much like the 2009 incident, the cause of the current spill remains unknown and it is not expected to stop until underground pressure subsides.

“What we’re seeing in this one is that pressure has built up underground and is finding ways to come to surface and we don’t know what the cause of that might be. That will come out in our investigation report. But regardless, it is coming to the surface, very slowly, and it won’t stop until that pressure has gone down underground,” Tobin said.

The rate of the spill remains unreported at this time.

According to documents from the former Alberta Energy Conservation Board (ERCB), now the Alberta Energy Regulator (AER), the 2009 release prompted the shut down of the site after bitumen emulsion was seen flowing out from the ground and pooling on the company’s Primrose East site.

A report on the incident says the bitumen emulsion could be observed seeping out of the ground to the south and the east of the well pad, as well as from surface fissures in the area.

The company initiated “emergency flowback to depressurize the formation” in an attempt to stem the release.

“Approximately 11,380 tonnes of solids (including snow, organic material, soil, and bitumen) was ultimately removed from the site for landfill disposal, and 904 cubic metres of bitumen was recovered from the surface of Pad 74 and transported to CNRL’s Wolf Lake Plant,” states the report.

Multiple investigations into the incident over the span of one year were inconclusive and could not ultimately determine how the bitumen emulsion made its way to the surface. The ERCB cited pre-existing unground fractures or a wellbore breach as possible explanations.

In its final summary the ERCB stated “a contributing factor in the release may have been geological weaknesses in combination with stresses induced by high-pressure steam injection.”

HPCSS creates fractures in underground formations to separate bitumen from sand. An AER incident report on the current CNRL release in Cold Lake describes HPCSS as a high-pressure steam injection method that fractures the reservoir to “create cracks and openings through which the bitumen can flow back into the steam-injector wells.”

Image Credit: Emma Pullman/CNRL

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