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Michigan’s year-long study of Line 5 alternatives has been released. Now is the time to submit your comment calling for the only way to truly protect the Great Lakes from an oil spill: decommission the Enbridge Line 5 pipelines through the Straits of Mackinac.
Protect the Great Lakes from a Catastrophic Oil Spill
Deadline for comments is August 4, so please submit yours today via this online form in support of protecting the Great Lakes from a catastrophic oil spill.
To the Michigan Department of Environmental Quality, Michigan Agency for Energy, Michigan Department of Natural Resources, and Office of the Attorney General:
I am writing to submit my official comment in response to the State of Michigan’s Line 5 alternatives analysis. This report was expressly commissioned for the overall purpose of “providing the State, Enbridge and the public with information that can be used to help guide decisions for the future of [Line 5 in the Straits].”
I am deeply disappointed in this analysis and this process riddled with conflict of interest. It lacks credibility because Dynamic Risk, a firm with ties to Enbridge, is its author. Even worse, it absurdly underestimates the impact of a spill and ignores a viable alternative to Line 5 – use of existing infrastructure. An expert review in December 2015 by advisors to a Great Lakes policy organization documented the practicality of this alternative.
Decommissioning Line 5 in the Straits of Mackinac is the only alternative that will prevent an oil spill with catastrophic consequences for the Great Lakes and the State of Michigan. It is time for the state to stop delaying action with flawed studies, exercise its legal duty as public trustee, and shut down Line 5. The state should use that authority through enforcement of its easement, an agreement that Enbridge has consistently violated.
Specifically, the draft report on alternatives to Line 5 in the Mackinac Straits:
- Fails to follow the recommendations and standards outlined in the Michigan Petroleum Pipeline Task Force Report and should be withdrawn.
- Neglects to provide the state with an independent, fair analysis of the alternatives to Line 5. This report is clearly biased toward allowing Line 5 to continue to operate and/or allowing Enbridge to build new oil infrastructure and further expand its operations. That bias grows out of past, and potentially future, business relationships between Enbridge and the report’s authors. Clearly, the authors are not “wholly independent from any influence by Enbridge,” a standard for establishing credibility in the report’s findings that is outlined in the Task Force Report.
- Ignores using existing pipeline infrastructure as an alternative to Line 5 in the Straits, which was one of the alternatives the state required Dynamic Risk to analyze, and leaving it out is in conflict with Task Force recommendation 3 (b). It is unacceptable that the contractor eliminated this alternative in the early stages of analysis, and this must be remedied in the final report.
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Does not provide a worst-case scenario spill and cost analysis, which was one of the main objectives of this report and was specifically required by the state in its request for proposals under Section II-B. Instead, Dynamic Risk uses assumptions of risk that are woefully inadequate and are not credible. It estimates that:
- Only 20-miles of shoreline would be impacted by a spill. This is 3% of the 720-mile area the University of Michigan found vulnerable to a spill in its 2016 study.
- An oil spill would cost $100 to $200 million when Enbridge’s cleanup costs of its Kalamazoo River Line 6B pipeline oil spill in 2010 cost more than $1.2 billion.
- Overestimates an impact to propane supply, greatly exceeding what independent experts have determined would be necessary to provide the Upper Peninsula’s Rapid River facility with an alternative supply. The flawed report finds that up to 35 railcars per week or 15 truckloads per day would be necessary, while another study found it would take only one railcar or 3 - 4 truckloads per day to replace Line 5 propane supply to the U.P.
- Shows unfair bias towards building a tunneled pipeline. The report estimates the cost of a tunnel much lower than other estimates for this type of infrastructure; it fails to consider the risk of a spill to the Great Lakes, rivers and streams from other portions of the 64-year-old pipeline if the Straits portion were rebuilt; and it fails to look at the other health and environmental consequences of allowing Enbridge to build a tunnel and further expand its transport of mostly Canadian oil through Michigan for export. Dynamic Risk has a preference for new pipelines, which was evident when the firm aggressively promoted building a tunnel in its proposal to do this report, and its analysis is deeply flawed.
The magnitude of the risk of a spill is too severe to allow Line 5 to continue to operate in the Great Lakes. Michigan should not put the Great Lakes, our economy, health, drinking water, fisheries, and way of life at risk from a catastrophic oil spill any longer.
I urge you to act as legal public trustees of our waters and bottomlands, enforce the ongoing easement violations, and begin the process of decommissioning Line 5 in the Straits of Mackinac to protect the Great Lakes from a catastrophic oil spill. The State of Michigan has an independent legal duty to take this enforcement action based on Enbridge’s ongoing violations.
Please note that submitting your public comment here has nothing to do with the Line 5 ballot proposal that is being circulated.
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The Enbridge Line 5 pipeline is 645 miles of risk to Michigan: 645 miles across the Upper Peninsula and through the Lower Peninsula – under, over, and across sensitive wetlands, streams, rivers, and agricultural lands, including roughly five miles of pipeline (actually about 10 miles of pipe since there are twin pipelines under the Straits) under the waters that connect Lakes Huron and Michigan, on a route that carries 90-95% of the oil and gas product originating in Canada to Canada for Canadian interests and exports.
Michiganders do not owe a pipeline route to Enbridge, do not deserve the uneven burdens imposed by Line 5, should not have to continue bearing this uneven burden. Likewise, the State of Michigan, and by extension the MDEQ, do not owe allegiance to support Enbridge. Michigan gains little and risks all should there be – inevitably – a rupture, leak, break in the Line 5 pipeline at any point along the 645 miles, including deep below the Straits of Mackinac.
The State of Michigan and the MDEQ do owe allegiance to the people of Michigan, and the first peoples of Michigan, and stewardship to protect and nurture our state’s greatest natural resource. Positive returns from this pipeline are disproportionate to the risk: jobs and other pipeline income are dwarfed by the risk to Michigan’s economy from a pipeline failure. Michigan’s Attorney General has estimated costs upwards of a billion dollars to Michigan’s economy should a major spill or rupture occur at the Straits. Dynamic Risk Assessment Systems significantly undervalues the potential costs of a worst-case.
The Dynamic Risk Assessment Systems report is flawed and compromised and needs to be regarded in these terms. Two of the company’s risk assessors were working for Enbridge on a Line 3 study, during an overlapping period of six months, while also working on the risk assessment of Enbridge Line 5 on behalf of the State of Michigan. This may in part explain why the risk assessment downplays real “worst case” in any of the options provided in the published assessment. (Anchor drag, a novel problem, is assigned primary risk threat while leaks and ruptures are labeled secondary risk, for example.) Seemingly, the assumptions underlying the risk assessment is that the Line 5 pipeline is a viable and necessary risk when neither is true. Line 5 pipeline is 64 years old, 14 years past life expectancy. In 2017, the State of Michigan does not need Enbridge Line 5 – not for jobs, not for oil, not for gas.
Among the alternatives posed in the incomplete and likely biased Dynamic Risk assessment is a Southern option, a route bypassing the U.P. and running instead along the Wisconsin side of Lake Michigan and looping around Chicago and back up to Michigan and across “eleven sparsely populated rural counties” as if these counties don’t much matter and may be discounted. There are springs and streams that flow in abundance along that option too – and communities of families, farms, homes, schools, and wells for fresh water.
For years Enbridge has failed contractual obligations to maintain the easement and supports under the Straits, putting Michigan’s economy and the welfare of the Great Lakes at risk. For years, while Enbridge made promises to repair and maintain Line 5, the twin pipelines under the Straits have hung suspended and unsupported to 200 feet below the surface of the Straits with no support for spans up to 175 feet and more, when contractually supports are required every 75 feet. Documented dives have revealed evidence of corrosion, mussels, and bends in the pipeline compromising integrity and safety. Evidence of frost heave in other locations has thrust buried pipeline above ground and subject to weather, compromising integrity and safety. Irregularities and evident lack of maintenance give no assurance of safety and good practices in the future. Enbridge has demonstrated willingness to sacrifice pipeline safety in the pursuit of company profits and economies. This disregard leads to the conclusion that the best decision is to end Line 5 operation in Michigan immediately and permanently.
Therefore, I urge the State of Michigan to set aside the flawed and compromised risk assessment that downplays real worst-case threats to our environment and fresh waters and misrepresents real risk.
Therefore, I implore the State of Michigan to act as Steward of the Great Lakes and act on behalf of Michigan’s best interests by imposing an immediate and total shut down of Enbridge Line 5.
Further, I entreat the State of Michigan to shut down Line 5 permanently and completely by also rejecting options of replacement pipelines under the Straits and all waterways, rejecting options of tunnels blasted under the Straits and all waterways, by rejecting a so-called Southern route option and any other options Enbridge offers alternatively through our state.
Michigan’s economy relies on the Great Lakes; our tourism is driven by them. Michigan’s spirit is nourished by them. Michiganders and the State cannot afford the loss of either. Please shut down Enbridge Line 5 and reject options that continue operation of this pipeline including new pipelines and alternative routes that would put at risk more Michigan communities. Act on behalf of all Michiganders and protect our Great Lakes and fresh waters. Please decommission Enbridge Line 5 immediately and permanently.