The 2010 pipeline spill in Michigan's Kalamazoo River was far larger than the pipeline operator has reported, according to accumulating evidence and documents recently released by federal investigators.
The estimate that Enbridge Inc., the pipeline's Canadian operator, has used since a couple months after the spill is 20,082 barrels, or 843,444 gallons. The estimate used by the U.S. Environmental Protection Agency is larger—1 million gallons—but the documented sources indicate that estimate may also be low, by a significant degree.
Almost two years after the spill, oil is still being removed from the Kalamazoo River, and 30 miles of the waterway remain closed to the public. The cleanup has been difficult because the line that ruptured was carrying diluted bitumen, or dilbit, an unconventional form of oil derived from Canada's oil sands that has defied traditional oil recovery methods.
"I would think Enbridge could sharpen their pencil and come up with a better number," said Carl Weimer, Executive Director of the Pipeline Safety Trust, an industry watchdog group. "I am always suspicious when the original number sticks around so long, because penalties for Clean Water Act violations are based on how much goes into the water."
Within hours after the spill was discovered on July 26th, but before they could conduct an on-site assessment, Enbridge executives estimated the size of the spill: 19,500 barrels, or 819,000 gallons of oil. The company increased the estimate slightly to 20,082 barrels, or 843,444 gallons, a few months later and that is where its estimate has stood ever since.
Enbridge spokeswoman Terri Larson told InsideClimate News that the company stands by that number as accurate—even though it is about 15 percent below the EPA's estimate.
But even the EPA estimate is uncertain, because it conflicts with other data the agency has made public. The EPA's website says more than 1.1 million gallons of oil have already been recovered during the ongoing cleanup. It also reports that more than 186,000 cubic yards of oil-laden soil and debris have been collected and disposed of, along with 17 million gallons of oil mixed with water. The agency declined to estimate how much oil the debris and the water contained.
The question now is how much oil is left in the river.
The oil recovery effort near the town of Marshall, Mich., is in its 23rd month, and with costs surpassing $750 million, the spill ranks as the most expensive oil pipeline accident since the U.S. government began keeping records in 1968. The U.S. Environmental Protection Agency has launched a criminal and civil probe of the accident, and the National Transportation Safety Board is also investigating the spill. Last month the NTSB released some of the documents it has gathered.
According to other documents Enbridge has filed with the Federal Energy Regulatory Commission, the company's insurance policy will cover up to $650 million of pollution liability but does not cover fines and penalties. So far, neither the EPA, nor the Pipeline and Hazardous Materials Safety Administration nor any state or local government agency has imposed any.
The spill volume would affect the size of any fines or penalties. For violating the Clean Water Act, Enbridge could be fined as much as $1,100 for every barrel it spilled. If gross negligence or willful misconduct is proven, the company could be forced to pay as much as $4,300 per barrel.
Arriving at an Initial Spill Estimate
The documents from the NTSB investigation show that the initial spill estimate was made by an Enbridge engineering supervisor, Vincent Kolbuck. As the company's point man for initiating the emergency response, it was his job to immediately quantify the size of the spill after it was detected on July 26, 2010 and report it to the National Response Center. He was working the phones from Enbridge's Chicago office.
To learn what he could as quickly as possible, Kolbuck spoke with the pipeline control room supervisor in Edmonton, Alberta, 1500 miles away. The supervisor had just started the morning shift and was still trying to ascertain what had happened in the control room the night before, when 16 high-priority alarms had sounded. He told Kolbuck that the company's monitoring system could not account for 11,322 barrels of oil that went into Line 6B but did not come out the other end.
Kolbuck then got a call from his boss, Tom Fridel, general manager of Enbridge's Chicago regional office, who was already in a car rushing to the site of the accident almost 200 miles away.