Oil Spill Report Released

By Gordon HopkinsA report about last year’s Keystone Pipeline failure that led to an estimated 12,937 barrels of crude oil being released into Mill Creek, three miles east of Washington, Kansas, on December 7, 2022, was made public last week. However, some questions remain, such as why is there no record of an inspection report of the pipeline weld or how much soil has been taken from Nebraska to replace oil-contaminated soil in Kansas.RedactionsOn Friday, April 21, 2023, TC Energy released a statement identifying the root cause and failure analysis (RCFA), “The primary cause of the rupture was a progressive fatigue crack that originated at a girth weld connecting a manufactured elbow fitting to the pipe constructed across Mill Creek. This girth weld transitioned the pipe wall thickness from the elbow fitting to the adjacent piping and was completed at a fabrication facility. The RCFA confirmed the welding workmanship was compliant with applicable codes and standards.”The 240-page report was prepared by RSI Pipeline Solutions, an engineering consulting firm. A copy of the report was made available to the public on May 15 of this year. However, the report was substantially redacted by TC Energy, the company formerly known as TransCanada. Those redactions are currently under review by the Pipeline and Hazardous Materials Safety Administration (PHMSA).The Freedom of Information Act (FOIA) does allow for certain exemptions. One of those cited by TC Energy as a reason for the redactions is Exemption 4, which protects trade secrets. Another is 7(f), which, “Permits the withholding of information necessary to protect the physical safety of any individual when disclosure of information about him/or her could reasonably be expected to endanger his/or her life or physical safety.”Conclusions of ReportThe report notes, in part, “The study concluded that there was no indication that the pipeline leak was caused by excessive bending strain or pipeline movement between the 2013 and 2018 surveys. This conclusion further supports the hypothesis that the bending strain had to be introduced during construction – there was no change in the bending strain because it had already been imparted to the pipe prior to the 2013 IMU (inertial measurement unit).”The report raises concerns about oversight. For example, on page 78, it is noted that a weld inspection report for the bend assembly that failed was never located, “indicating that at a minimum, recordkeeping procedures were not followed and at worst that the weld inspections were never performed.”The report’s conclusions stated, “Lapses in construction oversight and quality control during the fitting replacement project led to bending stresses going unnoticed.”The report recommended, “Evaluation and repair criteria for ovalities within bends needs improvement, especially where stresses are known to be high, and the risk of girth weld failure is elevated (weld transitions).Restoration ActivitiesLast week, TC Energy released a statement indicating recovery of oil released into Mill Creek has been completed. The statement reads, in part, “We have completed the in-creek recovery of the discharged oil, with oversight conducted by the U.S. Environmental Protection Agency and Kansas Department of Health and Environment. This milestone reflects our crew’s collaboration and innovation over the last few months, applying sophisticated recovery and water filtration techniques to support the product collection.”That does not mean the job is done.The statement only refers to “in-creek” oil recovery. The company expects to remain on site until the third quarter of 2023. Per TC Energy, “We continue progressing with restoration activities along the Mill Creek shoreline, and environmental monitoring is ongoing.”Ongoing restoration activities include transporting oil-impacted soil and other wastes from the spill site to Pheasant Point Landfill in Bennington, Nebraska, and Rolling Hills Landfill in Topeka, Kansas. Both are owned and operated by Waste Management (WM) Solutions.TC Energy told FJN, “Impacted soil from the Milepost 14 site is being transported to two licensed commercial landfill facilities in Kansas and Nebraska, both with the appropriate environmental protection systems — such as liners and groundwater monitoring systems — to ensure that materials are properly contained and monitored. Landfills have discretion on whether or not they wish to receive waste; the current landfills are also permitted to receive this type of material.”WM reported that, as of last week, Pheasant Point has received ??,??? cubic yards of waste and Rolling Meadow has received ?,??? cubic yards.Steele CityIn addition, “clean” soil from Steele City is being taken to the site of oil spill to replace the oil-contaminated soil that has been removed and shipped to the landfills. The spill site is approximately 20 miles south of Steele City, a key junction for the Keystone Pipeline.Last year, after the Keystone XL Pipeline cancellation but before the leak, TC Energy began preparations for the construction of three oil tanks in Steele City. In October of 2022, a representative with TC Energy advised FJN, “All activities will occur within TC Energy owned land. The area of development is approximately 30 acres.” This is the source of the “clean” soil being sent to Kansas.FJN asked TC Energy how much soil has been removed from Steele City and taken to Kansas. TC Energy responded but did not answer the question, “The soil sourced from the Steele City facility is exclusively transported to the Milepost 14 site. As we have shared previously, it is being used as backfill for excavated areas and the management of temporary berms at the Milepost 14 site. The soil has been tested and validated as a clean source of subsoil and topsoil.?”Jefferson County Commissioners have estimated that, until recently, at least 100 trucks a day are traversing the road between Washington, Kansas, and Steele City. That road has been severely damaged by the traffic and commissioners are in negotiations with TC Energy to replace the road. Cutlines – All photos courtesy RSI Pipeline Solutions

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