Environmental and citizen groups in Quebec are demanding the National Energy Board (NEB) explain why it refuses to order a hydrostatic safety test of Enbridge's Line 9 pipeline, a west-to-east oil pipeline that could come online as early as next month.

A hydrostatic test or hydrotest is a commonly used method to determine whether a pipeline can operate safely at its maximum operating pressure. The test involves pumping water at through the pipeline at levels higher than average operating pressures. Enbridge is reversing the flow of the 39-year old Line 9 pipeline, which previously carried imported oil inland from Canada's east coast, and will increase its capacity from 240,000 to 300,000 barrels of oil per day.

“[The NEB] claims to be transparent and to listen to what the public is saying, yet despite having all the required information in their possession for over six months, it refuses to render a written and reasoned decision on whether or not it will impose hydrostatic tests on the length of Line 9B,” Lorraine Caron, spokesperson for the citizen group Citoyens au Courant, said.

When the NEB, Canada’s federal pipeline regulator, approved the Enbridge pipeline project in March 2014, the board stated it could order a hydrostatic test of Line 9 if it felt the integrity of the 39-year old pipeline was in question. So far the board has chosen not to exercise this option and has said very little as to why.

“Refusing to make a decision public means the NEB wants to keep the public in a state of ignorance. This only contributes to diminishing public confidence in the NEB,” Steven Guilbeault, executive director of Equiterre, said.

Citoyens au Courant, Equiterre, l’Association Québécoise de Lutte Contre la Pollution Atmosphérique, Environnement Jeunesse, Climate Justice Montréal, Nature Québec, Sierra Club Québec and Environmental Defence jointly filed a request for clarification with the NEB on its hydrotest position Tuesday.  

The half dozen Quebec-based groups are concerned the untested pipeline could have disastrous consequences for residents of southern Ontario and southern Quebec, especially if the line leaks or ruptures while transporting oilsands (also called tarsands) bitumen.

Recent bitumen spills in Canada and the U.S. have proven extremely difficult and costly to cleanup.

''The NEB as a quasi-judicial court has the responsibility and obligation to divulge an official decision so that its motives can be analysed and weighed by the public,” Karine Péloffy, director of the Centre québécois du droit de l'environnement, said.

The province of Ontario asked the NEB to require a hydrotest of Line 9 during the regulatory hearings on the project in 2013. A provincial commission authorized by Quebec to investigate Line 9 also recommended a hydrotest.

Earlier this month, the Greater Montreal Area passed a resolution also asking the NEB to order a hydrostatic test of the pipeline.

This Southern California Gas Company explains the basics of hydrostatic testing.

“Our municipal officials have done their job by asking for these tests,” Caron previously told DeSmog Canada.

Line 9 runs though a densely populated corridor from Sarnia, Ontario through Toronto and on to Montreal. The pipeline is of similar age and design to the Enbridge pipeline that ruptured in 2010 near the Kalamazoo River in Michigan.

The Kalamazoo spill, as it is known, was one of the largest inland spills in the U.S. history and cleanup costs have exceeded $1 billion.

An international pipeline safety expert told DeSmog Canada in 2013 Line 9 is “high risk” for a rupture due to extensive stress corrosion cracking on the pipeline, as outlined in an Enbridge engineering assessment of the line.

U.S. investigators concluded pipeline stress corrosion cracking most likely caused the Kalamazoo pipeline spill.

“I do not make the statement ‘high risk for a rupture’ lightly or often,” Richard Kuprewicz, a pipeline safety expert with over forty years of experience in the energy sector, said in an interview with DeSmog Canada. "There are serious problems with Line 9 that need to be addressed."

Kuprewicz predicted there was a “90 per cent” probability of Line 9 rupturing if a hydrostatic test of the pipeline was not conducted.   

Enbridge expressed concerns during the regulatory hearings a hydrotest could potentially damage Line 9. The Calgary-based pipeline company also claims its inline inspection tool can detect serious stress corrosion cracking threats.

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A Quebec citizen group is applauding a resolution by the Greater Montreal Area’s governing body asking the National Energy Board for a hydrostatic safety test of the Line 9 oil pipeline before it goes back into operation this summer.

“We would like to thank the CMM (Greater Montreal Area) and its president, Montreal Mayor Denis Coderre, as well as the numerous other elected bodies that have listened to the concerns of the public, and acted swiftly on this safety issue by adopting similar resolutions and forwarding them to the NEB,” Lorraine Caron, a spokesperson for the citizen group Les Citoyens au Courant, said.

The governing body, better known as the Communauté métropolitaine de Montréal or Montreal Metropolitan Community, passed the resolution in a meeting on April 30. Line 9, a 39-year old Enbridge pipeline, runs through a densely populated corridor from Montreal, through Toronto and on to Sarnia in southwestern Ontario.

Citizen groups, and environmental organizations in Ontario and Quebec have been voicing concerns for over two years on whether Line 9 — the twin in age and design of the Enbridge pipeline that ruptured in Kalamazoo, Michigan in 2010 — can operate safely at an increased capacity and while transporting oilsands (also called tar sands) bitumen.

“We have been convinced by industry experts, including Richard Kuprewicz, U.S. expert on pipeline safety, that hydrostatic testing is the only way to guarantee the 639-kilometre pipeline can withstand the pressure it will be subjected to and the only way to find pinhole leaks and some types of stress corrosion cracking that could lead to rupture,” Katherine Massam of Les Citoyens au Courant stated in a press release.

Kuprewicz, who discussed Line 9 with DeSmog Canada on several occasions, believes without a hydrotest there is a 90 per cent probability the pipeline will rupture. The U.S.-based pipeline safety expert with over thirty years of experience found evidence of extensive stress corrosion cracking on the pipeline when examining Enbridge’s own documents on Line 9's condition.  

“Enbridge needs to conduct a hydrostatic test on Line 9. It is the gold standard for pipeline integrity and safety. Canada has a well-established history of hydrotesting its pipelines,” Kuprewicz told DeSmog Canada in a 2013 interview.

A hydrostatic test or hydrotest would pump water through Line 9 at similar pressures to those the pipeline is expected to operate at. The test could provide valuable information on whether Line 9 can operate safely at its proposed maximum pressure.

The NEB Can Order A Hydrotest of Line 9

When the National Energy Board (NEB), Canada’s federal pipeline regulator, approved Enbridge’s proposed changes to Line 9 — a 20 per cent increase in capacity, flow reversal, and the shipping of heavy crudes like bitumen — in March 2014, the board reserved the right to order a hydrotest if Enbridge’s updated Line 9 engineering assessment was deemed unsatisfactory.

So far, the NEB has chosen not to exercise this right.

“Our municipal officials have done their job by asking for these tests. Now we are expecting the Quebec government to do the same by following recommendations that CAPERN made in 2013, especially the one that pertains to carrying out hydrostatic tests to verify the pipeline,” Caron said. 

A committee commissioned by the Quebec government to investigate the Line 9 project in 2013 recommended Quebec request a hydrotest to ensure the pipeline would not fail.

During the Line 9 regulatory hearings in 2013, the province of Ontario also asked the NEB to conduct a hydrostatic test of the pipeline.   

Line 9 Approved, But Still Contested

Line 9 may have regulatory approval, but the project’s opponents in Ontario and Quebec certainly have not given up yet.

In a 29 – 2 decision, Toronto City Council passed a motion last April requesting the NEB not allow Enbridge to re-start Line 9 until the company installs automatic shut off valves on the pipeline at all major water crossings, the source of the city’s drinking water. Council deemed the valves necessary to halt the flow of oil through the pipeline in the event of a spill.

“This motion reflects increased resident pressure on the city to defend us all against environmental hazards,” Jessica Lyons, a member of the Toronto No Line 9 Network, said in a Toronto Media Co-op article.  

The Chippewas of the Thames, an Anishinaabe First Nation in southwestern Ontario, will appear in federal court this June to challenge Line 9 on the grounds the project violates their constitutionally protected aboriginal and treaty rights.  

“All eyes are on Energy East, but we are in the 9th inning with Line 9 right now,” Caron told DeSmog Canada.

“If Line 9 is allowed to transport tar sands oil it will set a bad precedent for all the other pipeline projects.”

Line 9 is expected to begin operating again at the end of June.

Image Credit: Oil Change International

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The international pipeline safety expert who last August described Enbridge’s Line 9 pipeline as “high risk for a rupture” now says the probability of Line 9 rupturing is “over 90%.”

“I do not make the statement ‘high risk for a rupture’ lightly or often. There are serious problems with Line 9 that need to be addressed,” Richard Kuprewicz, a pipeline safety expert with over forty years of experience in the energy sector, said in an interview with DeSmog Canada.

Hundreds rallied in Toronto on the weekend to voice their opposition to Enbridge’s plans to ship Alberta tar sands bitumen from Sarnia to Montreal through the 37-year-old Line 9 pipeline.

Kuprewicz also expressed concerns about transporting diluted bitumen through Line 9 saying it will increase the growth rates of cracks on the pipeline. Line 9 lies in the most populated part of Canada and crosses the St. Lawrence River and major waterways flowing into Lake Erie and Lake Ontario. A Line 9 spill could pollute the drinking water of millions of Canadians.  

Extensive Stress Corrosion Cracking on Line 9

“Existing SCC (stress corrosion cracking) on Line 9 can worsen due to the increase in pressure cycling associated with shipping dilbit (diluted bitumen). This could lead to a rupture,” explains Kuprewicz.

The thick heavy crude bitumen is diluted with a condensate (natural gas or naphtha) so it can flow through pipelines. ‘Pressure cycling,’ or the variations in operating pressures of a pipeline, increase with dilbit, because dilbit can vary more in composition than light conventional oil. The greater swings in the levels of operating pressures can create cracks in a pipeline.

Kuprewicz examined Enbridge’s assessments of Line 9 and found evidence of extensive stress corrosion cracking on Line 9, most likely caused by the pipeline’s external protective coating (polyethylene tape or PE-tape) separating from the sections of Line 9, allowing water to damage the pipe.

Kuprewicz has seen this problem before. He researched the US federal investigation into the Kalamazoo, Michigan dilbit spill – the largest onshore oil spill in US history – on behalf of various concerned parties. The disbondment of PE-tape on Enbridge’s Line 6B pipeline and subsequent SCC on the pipe caused the rupture. Three million litres of dilbit were spilled into the Kalamazoo River and the surrounding waterways, and the $1 billion cleanup continues to this day. 

No Line 9 rally in Toronto on October 19th.

Enbridge claims that its in-line inspection tool can detect any serious SCC threats to the pipeline. According to Kuprewicz, the in-line detection technology Enbridge is using has yet to be proven effective.

Hydrostatic Testing of Pipelines is the “Gold Standard” for Safety

“Enbridge needs to conduct a hydrostatic test on Line 9. It is the gold standard for pipeline integrity and safety. Canada has a well-established history of hydrotesting its pipelines,” Kuprewicz told DeSmog Canada.   

A hydrostatic test would pump water through Line 9 at similar pressures to those the pipeline is expected to operate at, but there is no indication that Enbridge plans to conduct hydrostatic testing.

Kuprewicz also questions Enbridge’s claims of an automatic shutdown in the event of a pressure drop in Line 9 or a 10-minute shutdown if an unexplained reading comes in from the pipeline. When a pipeline ruptures, pressure loss as well as detecting the drop can take quite a while. The 10-minute shutdown procedure existed at the time of the Kalamazoo spill and it still took Enbridge 17 hours to shut down the ruptured pipeline.

“I am not trying to be hard on Enbridge. There are definite improvements they could make to their pipeline management system that would significantly reduce the chances of a Line 9 rupture,” says Kuprewicz.

Enbridge Lacks Adequate Liability Insurance for a Line 9 Spill

The Goodman Group Ltd found that, in the event of a Line 9 spill, Enbridge’s US$685 million liability insurance for all its operations (not just Line 9) would be inadequate. The California-based consulting firm says Enbridge needs $3 billion of liability insurance for Line 9 alone.

"This is especially true in Toronto and Montreal, where the pipeline runs parallel to or across key urban infrastructure and could threaten the drinking water supply, resulting in multi-billion dollar costs," warned Ian Goodman, president of the Goodman Group.

No Line 9 rally in Toronto on October 19th.

Cleanup costs of other onshore oil spills such as Lac-Megantic in Quebec and the Kalamazoo spill were analyzed by the Goodman Group, and Line 9’s location in a highly populated area was considered. The firm concluded that a bad Line 9 spill would cost at least $1 billion. The worst-case scenario was pegged between $5-10 billion.

Ontario Demands Independent Third-Party Assessment of Line 9

The Ontario government in some ways echoed the recommendations of Kuprewicz and the Goodman Group on October 17th during a National Energy Board (NEB) public hearing in Toronto.

Ontario demanded that Enbridge conduct a hydrostatic test on Line 9, and that the company maintain US$1 billion in insurance for the pipeline. The province also called on the NEB to initiate an independent third party assessment on the state of Line 9, and not rely solely on Enbridge’s findings.

“Given the age of the pipeline, its location in a large part of southern Ontario, its additional service life of 30 years or more, and the potential adverse consequences of a rupture, it seems a matter of simple prudence and common sense to ensure the (assessments) are as thorough, comprehensive and as accurate as possible,” Rick Jennings, an assistant deputy minister with Ontario’s Ministry of Energy told the NEB panel.

“In our view, an independent third-party review is required for that assurance,” said Jennings.

No Line 9 rally in Toronto on October 19th.

The NEB hearings on Line 9 were scheduled to wrap up in Toronto on October 19th, but the NEB postponed the final hearing to an unknown date and location. The NEB could make its final decision on Line 9 as early as January 2014.

Enbridge has applied with the NEB to increase the capacity of Line 9 from 240,000 to 300,000 barrels per day (bpd), reverse the pipeline to flow west-to-east and ship ‘heavy crudes’ such as dilbit through the line.

Critics of the Line 9 project say the pipeline should not be approved to ship dilbit because of the likelihood of a rupture and the adverse impacts that further expansion of the tar sands will have on climate change and the people and environment of northern Alberta. 

Image Credit: NWF, Mike Chong, Katheleen Quinn, Mike Eh-En

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Public hearings on Enbridge’s proposal to ship tar sands bitumen through its 37-year old Line 9 pipeline begin on October 8th in Montreal. These hearings are the first to be held under ‘new rules’ on public participation in major pipeline decisions that last year’s controversial federal omnibus bill C-38 introduced.

Provisions in C-38 allow the National Energy Board (NEB) – Canada’s independent energy regulator – to deny Canadians their right to have their concerns and opinions considered by the NEB when it makes decisions on pipelines. Only those the NEB deemed “directly affected” by the Line 9 project were approved to participate in the hearings.

The NEB also set a strict list of Line 9 issues participants in the hearings are allowed to comment on. Issues connected to the Line 9 project such as the expansion of the Albertan tar sands, climate change and the rights and health of indigenous peoples of northern Alberta are all absent from this list and will not be addressed during the hearings.

In effect, the NEB has told Canadians what they can and cannot care about when it comes to pipelines like Line 9.

“The game’s been rigged,” says Gerry Dunn, co-founder of Stop Line 9 Toronto.

“The decision on Line 9 has already been made because the federal government wants tar sands pipelines to be constructed,” Dunn told DeSmog. Stop Line 9 Toronto is a citizens-initiative engaging residents of northern Toronto on Line 9. Line 9 goes through major urban centers such as Toronto and Montreal.

C-38 gives the federal cabinet power to override any decision made by the NEB on Line 9 or any other pipeline project in the future.

Line 9 is “High Risk” for a Rupture Says Expert

Line 9 runs from Sarnia, Ontario to Montreal, passing through the most densely populated parts of Canada. It crosses the St Lawrence River, and every major waterway flowing into Lake Ontario. The 831-km pipeline has never transported bitumen.

A pipeline safety expert last August slammed Enbridge’s plans for Line 9 saying the pipeline will be “high risk” for a rupture if the NEB approves the project. Line 9 has the same design deficiencies as Enbridge’s Line 6B pipeline, which ruptured in Michigan in 2010 causing the largest inland oil spill in US history.

Line 6B was transporting bitumen when it burst. Enbridge is still cleaning up the spill.

1544 Participated in the Northern Gateway Hearings. Only 175 for Line 9.

Sadly, the new restrictive rules on public participation seem to have deterred Quebecers and Ontarians from taking part in the Line 9 hearings. This and the general lack of awareness around the Line 9 project resulted in the number of participants in the upcoming hearings being a mere fraction of the unprecedented levels of public participation in the Northern Gateway hearings.

The 10-page form the NEB required Canadians to complete in order to apply for permission-to-comment on Line 9 more than likely served as a further deterrent. British Columbians simply had to register themselves with the NEB to participate in the Northern Gateway hearings which ended last summer.

Sarah Harmer, Gord Downie & The Sadies, Hayden and the Minotaurs entertained over 1500 residents of Toronto on October 6th to raise awareness about the dangers of the Line 9 project. The event was organized in cooperation with Environmental Defence Canada 

The majority of the NEB approved applicants will not actually be participating in the eight days of Line 9 hearings split evenly between Montreal and Toronto. It appears either the NEB or the federal government is attempting to make public hearings themselves redundant.

No cross-examinations and no calling of expert witnesses will take place during the Line 9 hearings. There will be no oral statements such as 16-year old Sam Harrison’s insightful and compelling testimony against the Northern Gateway project that stole the spotlight last February.  

Only NEB approved “intervenors” – a role usually reserved for organizations, governments and companies – are allowed to present in the hearings and they can only present evidence already submitted to the NEB in written form.

Non-intervenors – the majority of participants in the case of Line 9 – were told they cannot make oral statements in the hearings and could only submit letters-of-comment.

“In my past experience the NEB gives more weight to evidence presented during the hearings as opposed to letters sent in by participants. We’ll see if this is the case with Line 9 as well,” says Margaret Vance, who as president of the Ontario Pipeline Landowners Association has been dealing with the NEB for over twenty years.

Public Has Lost Faith in the NEB process on Line 9

Rallies against Line 9 are planned for Montreal on October 10th and Toronto on October 19th, the last day of Line 9 hearings. The rallies will likely be expressions of the public's outrage and loss of faith in the NEB as legitimate venue for Canadians to voice their opinions about pipeline projects. 

Poster for Line 9 rally in Toronto on October 19th at the Metro Toronto Covention Center

“We are just going to keep on doing what we’ve been doing despite the NEB,” says Dunn of Stop Line 9 Toronto.

“We will continue to raise awareness about the dangers of transporting dilbit (diluted bitumen) through Toronto and work on the municipal council to ban dilbit shipments through the city,” Dunn told DeSmog Canada.

The Quebec government has promised to initiate their own review of the Line 9 project, although they still have not released the details. Ontarians are pushing their provincial government to conduct an independent environmental assessment of Line 9. There is a good chance if the NEB approves the Line 9 project the decision will be ignored by Ontarians and Quebecers.

Instead, the final verdict on Line 9 may come from the Ontario or Quebec governments or even the municipalities located along Line 9 who feel transporting bitumen through their communities is all risk and no gain.

The Line 9 hearings will take place from October 8 – 11th in Montreal and from October 16th – 19th in Toronto. The NEB could make its decision on Line 9 as early as January 2014.

Image Credit: Ecojustice, Enbridge, Environmental Defence Canada

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