The B.C. Oil and Gas Commission describes its vision as providing “oil and gas regulatory excellence for British Columbia’s changing energy future” and lists its values as “respectful, accountable, effective, efficient, responsive and transparent.”

Carrying out those lofty goals is difficult, however, when the commission’s main public accountability portal for its more than 43,000 kilometres of pipelines — an online ‘incident map’ — has been offline for more than a month.

DeSmog Canada notified the Oil and Gas Commission that the incident map had been down for over one week via e-mail on September 7. A message posted online in lieu of the interactive map — which is meant to provide up-to-date and historical data related to pipeline incidents including accidents, ruptures and releases — said the site was down for maintenance.

On September 20, a representative from the commission notified DeSmog Canada the site was undergoing “AMS [association management software] implementation” and could not say “at this time when it will be back online.” A follow up email from the commission noted the pipeline incident map could be down for "a few months" and that requests for specific information can be made through the website's contact portal.

According to the commission the purpose of the incident map is to provide “timely, factual information on all pipeline incidents” as a part of ensuring “companies respond effectively and that the interests of British Columbians are protected through a 24/7, 365 day per year incident response program.”

The pipeline incident report is one of the few ways members of the public, including researchers and journalists, can learn of spills, pipeline ruptures and other major accidents.

For residents living near a pipeline spill or accident, the pipeline incident report is often their only way of accessing up-to-date information on spill volume, environmental impact, human health risks and cleanup measures.

BC's Pipeline Incident Map Quietly Went Offline Over a Month Ago https://t.co/mtHvOIInNA #bcpoli #oilspills #nothingtoseehere @carollinnitt

— DeSmog Canada (@DeSmogCanada) October 13, 2016

According to an Oil and Gas Commission report released this summer, there were 45 pipeline incidents in 2015, an increase from the previous three years. That works out to approximately one incident for every 1,000 kilometres of pipeline in the province.

Two of those incidents involved sour gas, an extremely deadly toxin, and another 17 involved either natural gas or crude oil.

B.C. received attention in 2013 for having the highest rate of pipeline incidents across Canada since 2000: 279 out of 1,047 incidents nationwide.

In Alberta, the provincial energy regulator regularly releases information on not just pipeline incidents, but any reported incidents involving oil and gas wells and related facilities.

Since the beginning of September, the Alberta regulator’s incident reporting page lists 20 pipeline incidents, two of which required emergency response.

If the same is happening in B.C., the public would currently have no way of knowing.

Image: Emergency responders inspect oil spilled from a ruptured Enbridge pipeline in Minnesota in 2002. Photo: MPCA Photos via Flickr CC BY-NC 2.0

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.

A letter submitted by the U.S. Environmental Protection Agency (EPA) to the State Department gives new weight to concerns the proposed $8 billion Keystone XL pipeline, destined to carry crude from the Alberta oilsands to export facilities along the Gulf of Mexico, will have significant climate impacts.

The EPA letter suggests existing analyses – which downplay the importance of greenhouse gas emissions associated with the project – are out of date and require revision in light of low global oil prices.

Due to the plummeting of oil prices and related market changes “it is important to revisit [the] conclusions” of previous reports, EPA told the State Department.

“Given recent large declines in oil prices and the uncertainty of oil price projections, the additional low prices scenario in the (State report) should be given additional weight during decision making, due to the potential implications of lower oil prices on project impacts, especially greenhouse gas emissions.”

The State Department is due to release a revised analysis of the Keystone XL project and is currently gathering comments from the EPA and other agencies.

A recent report in the journal Nature singled out the oilsands as one of the world’s carbon deposits that must remain in the ground if global temperatures are to remain within the 2 degrees Celsius warming limit recommended by policy makers and scientists.  

Construction of the Keystone XL pipeline is dependent on a steady flow of oil from the estimated 160 billion barrels in the oilsands. Yet the drop in prices has recently led to abandoned projects and major cuts to the workforce. Suncor, the oilsands’ largest operator, recently announced it will eliminate 1,000 jobs, Shell Canada will cuts its workforce by 10 per cent and Cenovus Energy confirmed its investment in the area will drop by 25 per cent.

A Republican-led Congress is attempting to force approval of the Keystone XL pipeline with new legislation, although President Barack Obama has been clear about his plan to veto any bills that would allow construction to begin.

In 2013, Obama indicated his final decision on the pipeline will come down to the project’s climate impact, saying “our national interest will be served only if this project does not significantly exacerbate the problem of carbon pollution.”

In its letter to the State Department this week, the EPA said carbon emissions from the pipeline — which has the capacity to carry 830,000 barrels of oil per day — would add up to the equivalent of 5.7 million new passenger vehicles on the road.

“Over the 50-year lifetime of the pipeline, this could translate into releasing as much as 1.37 billion more tons of greenhouse gases into the atmosphere,” the letter states.

Alberta premier Jim Prentice travelled to Washington, D.C. this week to lobby Congress and the Obama administration to approve the pipeline.

Prentice recently told NPR that Alberta “has the most exacting standards around in terms of carbon emissions, the regulatory framework that surrounds industrial emissions.”

When it comes to the venting and flaring of gasses with high warming potentials like methane, Prentice said, “in all these areas, I think we’re world class.”

Yet the EPA seems to have come to its own conclusion regarding Alberta’s greenhouse gas regulations, stating, “until ongoing efforts to reduce greenhouse gas emissions associated with the production of oil sands are more successful and widespread…development of oil sands crude represents a significant increase in greenhouse gas emissions.”

Canada currently has no regulation to limit emissions from the oil and gas industry, and recently Prime Minister Stephen Harper said it would be “crazy” to introduce such rules.

The EPA letter notes “oil sands crude has significantly higher lifecycle greenhouse gas emissions than other crudes” and that the use of oilsands crude creates emissions 17 per cent greater than the use of crude refined in the U.S. on a well-to-wheels basis.

Premier Prentice argued Canada will continue to move crude to the U.S. with or without the Keystone XL pipeline, suggesting rail will pick up the slack. In its letter the EPA appears to agree with this point, suggesting oilsands producers would likely stomach the high cost of rail transport.

But the letter goes on to point to the additional risks associated with transporting large quantities of bitumen, which “can have different impacts than spills of conventional oil.” A recent government-commissioned study in Canada acknowledges there are large gaps in existing knowledge when it comes to the effects of bitumen spills.

Concerns over the pipeline route, especially in Nebraska, requires greater spill preparedness and a clear commitment from TransCanada that the company will assume responsibility for any spills and remediation should a release occur. Spills remain “a concern for citizens and businesses relying on groundwater resources crossed by the route,” the EPA letter notes.

Bill McKibben, founder of 350.org, called the letter a “damning report” and said with it, “the president’s got every nail he needs to finally close the coffin on this boondoggle.”

Image Credit: Kris Krug

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.

Last week marked the third anniversary of the largest inland oil spill in US history. On July 25th, 2010 a 41-year old Enbridge pipeline in Michigan tore open spewing over three million litres of diluted tar sands bitumen or dilbit from Alberta into the Kalamazoo River and the surrounding area. Three years later the spill from the Enbridge pipeline known as Line 6B is still being cleaned up with the cost nearing one billion US dollars. The Kalamazoo spill drew wide spread attention to the dangers of shipping dilbit through North America's oil pipeline system. Now environmental organizations and residents of Ontario and Quebec fear Enbridge's plan to ship dilbit from Sarnia, Ontario to Montreal, Quebec through the 37-year old Line 9 pipeline. They worry this will put their communities at the centre of the next 'dilbit disaster.'   "What happened at Kalamazoo could happen here with Line 9," says Sabrina Bowman a climate campaigner with Environmental Defence based in Toronto.   "People in Ontario and Quebec need to know the Line 9 pipeline is very similar in age and design to the ruptured Line 6B in Kalamazoo," Bowman told DeSmog Canada.  

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.

“Line 9 was built at the wrong time with the wrong materials, and forms part of a pipeline system in which ruptures and leaks on very similar pipes have happened on a fairly regular basis,” stated Ontario Pipeline Landowners Association (OPLA) lawyer John Goudy in his final argument at the Line 9A hearing in London, Ontario in May 2012.

The 37-year old Line 9 pipeline runs from Sarnia to Montreal. The pipeline's operator – Enbridge – wants to increase the capacity of Line 9 from 250 000 barrels per day (bpd) to 300 000 bpd. Enbridge also wants to ship 'heavy crude' such as bitumen from the Alberta tar sands through Line 9.

Line 9 is almost identical in age and design to the Enbridge pipeline at the centre of the largest inland oil spill in US history – Line 6B of the Kalamazoo spill in Michigan. The 41-year old Line 6B pipeline ruptured in 2010, spilling over 800 000 gallons (3 million litres) of bitumen into the Kalamazoo River and the surrounding area. The cleanup is still going on and could cost up to one billion (US) dollars.  

“We are not anti-pipeline or anti-oil. We just want respect for our livelihoods and safe pipelines,” says Dave Core founding president of the Canadian Association of Energy Pipeline Landowner Associations (CAEPLA).

Design Deficiencies of Line 9

OPLA's argument against shipping bitumen through Line 9 is the pipeline suffers from “historical deficiencies”. Line 9 is covered in an outdated external protective coating called single-layer polyethylene tape (PE tape). A section of PE tape became unglued from Line 6B allowing water to corrode the pipe resulting Line 6B's rupture in 2010 according to the US National Transport and Saftey Board. 

The Canadian Energy Pipelines Association (CEPA), an industry group, warned in 2007 against the use of PE tape on new pipelines because it can stretch or become unglued from a pipeline, creating pockets of water that cause pipeline corrosion. CEPA concluded PE tape was ineffective in mitigating the effects of stress corrosion cracking (SCC) on pipelines.

Enbridge's Line 6B.

OPLA has also pointed out Line 9's pipe-wall thickness (6.35-7 mm) for most of its length is 30% thinner than a pipeline with the same diameter (762 mm) going into the ground today.  Enbridge’s engineering assessment admits this high diameter-to-pipe-thickness ratio makes Line 9 “susceptible” to mechanical damage. 

Line 6B of the Kalamazoo spill had the same pipe-wall thickness and diameter of Line 9. Enbridge is currently replacing Line 6B with a new pipeline with thicker walls and a lower diameter-to-pipe-thickness ratio.

There is no indication Line 9 will be replaced by a new pipeline.

Being a pipeline landowner in an expanding resource economy 

OPLA and CAEPLA represent the interests and rights of farmers and other rural landowners with oil and gas pipelines going through their property. The construction of Line 9 in 1975 sparked the pipeline landowner movement in Ontario. Two southwestern Ontario farmers mortgaged their farms to fight for compensation for soil degradation caused by Line 9's construction and won. One of the two farmers went on to found OPLA in 1993.

As the Canadian government pushes for more pipelines to be built to export bitumen, the rights of pipeline landowners are being reeled back.

Dave Core of CAEPLA told the Canadian Senate in a presentation earlier this year the 2012 omnibus bill C-38 introduced criminal penalties for landowners violating a contentious section of the National Energy Board Act; section 112. Depending on the conviction, the penalty for violations of section 112 is a $100 000 – $1 000 000 fine or up to 5 years in prison.  

Section 112 restricts landowners from driving their equipment over a buried pipeline on their own property without the permission of the pipeline's operator first. Land cultivation deeper than 30 centimetres within the pipeline's “safety zones” is not permitted. Safety zones can be as wide as thirty metres on either side of the pipeline's eighteen metre wide right-of-way. This effectively creates a 78-metre wide strip of land pipeline landowners cannot properly farm or utilize.

Landowners' disputes with pipeline companies can only be brought to the National Energy Board (NEB). Up until recently the NEB referred to itself as the partner of the energy industry, not the independent regulator it is mandated to be. Landowners have complained for years there is a 'revolving door' between the NEB and energy industry. The pipeline industry group CEPA's current president Brenda Kenny worked for the NEB from 1986 – 2001 .

“You get the feeling the NEB listens, but it does not really hear,” says Margaret Vance, president of OPLA.

“The NEB listens to landowners’ concerns because they have to, but they rarely do anything about them,” Vance told DeSmog. Vance is a farmer near Woodstock, Ontario.

Pipeline Companies Are Not Required to Remove Out-Of-Service Pipelines

One of OPLA's biggest concerns with Line 9 and other aging pipelines is pipeline companies are permitted to leave 80% of an out-of-service pipeline in the ground.  

“It is not safe and it is a liability for us,” says Vance.

OPLA unearthed an NEB discussion paper from 1985 on pipeline abandonment in the NEB archives while preparing for the Trailbreaker pipeline project hearings in 2007. The discussion paper stated pipeline companies should set aside funds for the removal of out-of-service pipelines. A fund was only recently established for partial removal of abandoned pipelines.

“The day the province (Ontario) wants abandoned pipelines out of the ground you can be sure it is not going to be the companies who profited from the pipelines who will have to pay for their removal. It is going to be landowners,” Vance told DeSmog.

Line 9 public hearings are expected to take place in October. The NEB could make its final decision on Line 9 as early as January 2014.

Image Credit: Environmental Defense

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.