The exclusion from shutoff valve protection of all of Hamilton’s streams crossed by Line 9 as well as many others along the cross-province route is being condemned by the National Energy Board (NEB). The rejection of Enbridge’s plans means several months more delay in starting up the controversial transmission pipeline for Alberta tar sands bitumen and could trigger more intervention by municipal governments.
Last week, the NEB said Enbridge’s Line 9 plans failed to meet the requirement that shutoff “valves shall be installed on both sides of major water crossings”, and also challenged the company’s definition of what constitutes a major water course (WMC). The Board has demanded a new company submission “at least 90 days prior to applying for the final leave to open” the pipeline which significantly sets back Enbridge’s previously announced intention to start shipments later this month.
“The Board notes that only 6 of the 104 MWCs identified by Enbridge to date appear to have valves installed within 1 km on both sides of the water crossing, while the majority appear to have valves installed more than 10 km from the water crossing on at least one side,” explains the NEB letter to the company. “The Board is of the view that Enbridge’s criteria for determining MWCs are not adequate.”
The Enbridge submission stated that of the “approximately 154 direct watercourse crossings” along Line 9 only a “watercourse crossing of 30 m would, regardless of other factors such as flow, location or other environmental considerations, be considered to be a major watercourse crossing”.
None of the streams in Hamilton or Halton such as Spencer Creek, Bronte Creek and Fairchild Creek met this definition. Nor did such Toronto-area rivers as the Credit, Humber, East Don and Rouge, but Enbridge argued that maximum potential spills into any of these waterways “would not pose a significant risk to the environment or public” because of the company’s rapid response to spills.
“In summary, Enbridge will not have any major crossings with a volume out over 1,225 m3 (7,700 barrels) or any water crossing less than 30 m with a volume out greater than 1,510 m3 (9,500 barrels) following the installation of planned valves on Line 9,” states the company’s submission. “Enbridge is of the view that these volume out numbers to be as low as reasonably practicable.”
Many municipal governments raised concerns about the integrity of Line 9 when Enbridge expands its flow by 25 percent and adds diluted bitumen to the pipeline which includes toxic condensates such as benzene. A coalition including Toronto, Hamilton and several others pointed to a study showing that a spill into a local creek would quickly shut down municipal water intakes from Lake Ontario.
Municipal elections across Ontario have halted council decision-making until December and may make it difficult for city governments to intervene in the NEB-Enbridge debate on what streams require more protection.
Opposition to Line 9 again took the form of civil disobedience last week when Montreal residents chained themselves to a fence at Enbridge’s headquarters. Like several other actions against the expansion of the 39-year-old pipeline, including the initial ones in Hamilton in June 2013, it was mainly conducted by young people. In contrast, McKibben noted that most of the 1200 who were arrested along with him at the 350.org action in Washington in the summer of 2012 were seniors who chained themselves to the White House fence.
“I don’t think college students should have to be the cannon fodder,” McKibben told about 400 who attended his lecture on September 30. “If you’re 22 right now in our economy maybe an arrest record is not really the best thing for your resume. One of the few mixed blessings of growing older is past a certain point what the hell are they going to do you.”