Compliance Verification Activity Report: CV1718-317 - Enbridge Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1718-317
Start date: 2017-09-18
End date: 2017-09-21

Team:

Regulated company: Enbridge Pipelines Inc.

Operating company: Enbridge Pipelines Inc.

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmental inspection of Enbridge Line 3 Replacement Project construction on spread 1 in Alberta and Saskatchewan. Focus of inspection included soils handling, watercourse crossings, biosecurity, hazardous waste and hazardous product storage.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - Notice of Non-Compliance (NNC) #1 - EPP Biosecurity Management Plan

Date & time of visit: 2017-09-20 09:45

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB Inspectors spot checked the equipment and vehicles seen on the RoW for biosecurity compliance. 
Most equipment had stickers indicating that it had been cleaned and inspected for the L3R project.  NEB Inspectors also identified equipment for review of the cleaning records.  For equipment with stickers indicating that it had been cleaned, Enbridge was able to provide documentation showing when the equipment had been cleaned.  NEB Inspectors note that labeling indicating cleaning status of equipment is not required by the EPP.   

For Air Compressor R11-332, seen at KPKP96+470 - no sticker was on the unit, but Enbridge was able to provide a cleaning record.

NEB Inspectors also requested cleaning records which Enbridge was unable to provide for:

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will verify that all equipment on Spread 1 has been cleaned and disinfected as required in the Environmental Protection Plan and provide a response summarizing any improvements made to its biosecurity program following gaps identified during this inspection.

Due date: 2017-10-31

Date closed: 2017-10-18
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 2 - Corrected Non-Compliance (CNC) #1 Waste Management on Right of Way

Date & time of visit: 2017-09-19 09:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB inspectors noted:

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will develop and implement a plan to ensure that all wastes are handled appropriately and that food wastes are not discarded on the RoW.  

Due date: 2017-09-19

Date closed: 2017-10-18
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 3 - Corrected Non-Compliance (CNC) #2 - Fuel storage on temporary dam in wetland

Date & time of visit: 2017-09-19 13:56

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At wetland complex AB-033 NEB Inspectors observed a temporary water-filled dam with a water pump situated on top of the dam. The pump was positioned within a plastic tub along with a 20L jerry can of gasoline.

 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will either remove the jerry can from the dam within the wetland, or minimize the volume of fuel stored at this location and provide appropriate spill response materials. 

Due date: 2017-09-19

Date closed: 2017-10-18
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 4 - Corrected Non-Compliance (CNC) #3 - Fire extinguisher inspection tags expired

Date & time of visit: 2017-09-20 09:45

Discipline: Safety Management

Categories:

Facility:

Observations:

NEB Inspectors spot-checked equipment and vehicles encountered on the Project in the work areas for fire extinguishers. 
Generally, equipment and vehicles had fire extinguishers with up-to-date inspection tags. 

At wetland complex AB-060, approximate KP44+750, NEB inspectors noted expired fire extinguisher inspection tags on the following equipment:

At KP0+900, NEB Inspectors noted roller R11-318 which had a fire extinguisher with an expired inspection tag.


 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will replace and/or confirm fitness for duty of the observed expired fire extinguishers.

Due date: 2017-09-20

Date closed: 2017-09-20
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 5 - Corrected Non-Compliance (CNC) #4 - Missing Spill kits

Date & time of visit: 2017-09-20 09:45

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB Inspectors spot-checked equipment and vehicles encountered on the Project work areas for spill kits. 
Generally, equipment and vehicles were observed with spill kits in place. 

At wetland complex AB-060, approximately KP44+750, within 30m of the water's edge, NEB inspectors observed the following:

At KP0+900, NEB inspectors noted equipment R11-318 which had a spill kit with a deteriorated and its contents exposed to the elements. NEB Inspectors note this particular instance does not represent non-compliance with a specific requirement at this time but bring the matter to Enbridge's attention so that it may maintain and protect its equipment so that it remains fit for duty should it be required to respond to a spill.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will provide appropriate spill response materials for the contractor truck (Unit R11-836) and generators adjacent to wetland AB-060.

 

Due date: 2017-09-20

Date closed: 2017-09-20
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 6 - General Observations - RoW and Provost Construction Yard

Date & time of visit: 2017-09-21 11:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB inspectors assessed twenty seven sites of interest on Spread 1 of the L3R project in Alberta and Saskatchewan from KP 0+900 to KP 100. Sites were chosen based on sensitivity and anticipated interaction between construction activity and environmental receptors. A summary of observations is provided below:

Soils and soils handling:


Among these sites NEB Inspectors visited eight wetlands as well as the Ribstone and Eyehill creek crossings. Mitigation observed was generally compliant with EPP requirements and highlights are included below:NEB Inspectors provided Enbridge personnel with clarification of expectations regarding appropriate and compliant maintenance of sediment and erosion control mitigation. NEB Inspectors are of the view that should mitigation be observed in need of maintenance during an NEB inspection, an assessment regarding reasonableness of timing for Enbridge to manage this maintenance would be considered in the determination of compliance. For instance, if sediment fencing is pushed out during a vehicle crossing due to soft soils, and crews are at the site working towards repairing it, this would be considered appropriate management. Or in the case above, where crews have not yet had time to inspect the spread due to it being shut down from a rain event, encountering an area in need of maintenance does not necessarily indicate non-compliance. Alternatively, if mitigation in need of maintenance is deemed to be the result of inadequate oversight and/or maintenance, and these deficiencies have not been previously identified by Enbridge on its deficiencies list, this observation would be assessed as non-compliant.

Sensitive area and heritage resource mitigation:Construction Yard:





 

Compliance tool used: No compliance tool used

Observation 7 - Corrected Non-Compliance (CNC) #5 - Hazardous Product Storage

Date & time of visit: 2017-09-21 09:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During inspection of the OJ Pipelines construction yard NEB Inspectors observed the following which was not in compliance with requirements:

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will either remove and appropriately dispose of the container and unknown liquid or identify the substance and provide the container with appropriate labeling and storage.  
 

Due date: 2017-09-21

Date closed: 2017-10-18
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 8 - Corrected Non-Compliance (CNC) #6 - Sediment fence improperly installed at wetland

Date & time of visit: 2017-09-19 15:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB Inspectors observed sediment fencing installed at wetland AB-048 which was improperly installed (not keyed into soil).

 

 


 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will reinstall this silt fence to meet the specifications as required in the Project EPP.

Due date: 2017-09-21

Date closed: 2017-09-21
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 9 - Corrected Non-Compliance (CNC) #7 - Waste Management in Construction Yard

Date & time of visit: 2017-09-21 09:20

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB Inspectors observed oily rags and waste containers disposed of in the general non-hazardous waste dumpster at the Provost construction yard.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will remove the oily rags and waste materials for appropriate disposal and develop and implement a plan to ensure that all wastes are handled appropriately.

Due date: 2017-09-21

Date closed: 2017-09-21
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 10 - Information Request (IR) #1 - Contractor refuelling procedure

Date & time of visit: 2017-09-21 11:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During discussion of the EPP requirements regarding secondary containment for stationary equipment near or within wetland boundaries, NEB Inspectors requested additional clarification regarding availability of secondary containment tubs for refuelling operations. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will provide NEB Inspectors with the applicable OJ pipelines procedure which addresses refuelling of equipment on the RoW.

Due date: 2017-11-23

Date closed: 2017-11-29
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 11 - Information Request (IR) #2 - Fencing at wetlands

Date & time of visit: 2017-09-21 11:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

NEB Inspectors discussed with Enbridge personnel the fencing requirements around sensitive ecological communities and sensitive features (such as archaeological sites) in review of EPP Appendix E - Detail 2 which notes that upon narrowing the RoW around these areas, the specific features will be fenced or otherwise protected throughout the duration of construction. Footnotes from Detail 2 are included below:
 
Criteria for Implementation:
The width of the construction right-of-way will be narrowed to avoid site-specific features such as archaeological sites, rare plants, sensitive ecological communities and site-specific wildlife habitat. The specific features will be fenced or otherwise protected throughout the duration of construction.
 
Notes:
1. Identify and stake or flag the boundaries of the feature to be protected, prior to commencement of surveying activities, where it encroaches on the construction right-of-way. Environmental Inspection will confirm that the specific feature is appropriately flagged.
2. Clearly post signs prohibiting workers or equipment from entering the fenced area.
3. Where narrowing on the work side or spoil side is sufficient to protect the feature, reduce the workspace to as narrow an area as safely feasible.
4. Where further narrowing is necessary, develop site-specific plans to complete construction through the area while protecting the feature.
5. Maintain fencing and barriers until all construction and reclamation activities are completed.
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will provide NEB Inspectors with a definition of "sensitive ecological communities" as noted in EPP Appendix E - Detail 2 to clarify which areas will have signage, fencing and/or barriers installed and maintained during the course of the project.

Due date: 2017-11-23

Date closed: 2017-11-29
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to:

- the condition of an authorization document that requires the implementation of that plan or procedure; or

- the relevant section of the regulations that requires implementation of that plan or procedure including those sections that require implementation of plans or procedures as a part of a Program