Compliance Verification Activity Report 1516-452 – TransCanada PipeLines Limited

Type of Compliance Verification Activity: Field Inspection

Activity #: 1516-452
Activity start: 2016-03-29
Activity End: 2016-03-31

Related Activity Numbers: 1516-501

Inspection Officer Number(s): 2654, 2463, 1689

Incident #:
Landowner Complaint File #:

Company: TransCanada PipeLines Limited

Facility Name(s): Kings North Connection (Project)

Province(s): Ontario

Theme(s): Environmental Protection

Compliance Tools Used: Corrected in field (Corrected Non-Compliance) (1)

Purpose

This activity was undertaken to verify compliance with the following regulatory requirements.

 X  NEB Act

 X  Onshore Pipeline Regulations

 X  CSA Standard Z662 Oil and Gas Pipeline Systems

    Other:

    Electricity Regulations

    Processing Plant Regulations

    Pipeline Crossing Regulations Part I

    Pipeline Crossing Regulations Part II

Regulatory Instrument

XG-T211-027-2015

Observations & Discussion

Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-30 Shoofly 1 (KP 0 + 235) – Completed Horizontal Bore of CN railway line and Right of Way (RoW) Environmental Protection Yes
Observations
NEB Inspection Staff observed the following at Shoofly 1:

According to company representatives, this area is part of the Toronto Region Conservation Authorities (TRCA) Clairville Conservation Area.

Adequate signage indicating that fueling within 100 meters (m) of a watercourse is prohibited and that a two-person fueling system is required.

A slide rail shoring system was in use, which was observed to be effective at the time of the inspection. Backfilling at completed horizontal bore was underway. Personnel from an environmental consulting company were on site conducting soil compaction testing. According to site representatives, the pipe will have 6 m of cover when this work is complete.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-30 Shoofly 1 (KP 0 + 235) – Completed Horizontal Bore of CN railway line and RoW Environmental Protection No
Observations
A contractor’s truck was observed to be idling without worker present. This is non-compliant with Section 8.1 (General Environmental Protection Measures), Mitigation Measure # 22 (Air Quality/Emissions) of the EPP, which requires the reduction of idling whenever possible. This is considered Corrected Non-Compliance (CNC) #1.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-30 Shoofly 2 (KP 0 + 513.7) Environmental Protection Yes
Observations
The tie-in gang was working in this general area.

Adequate sediment fencing was observed through the area. The Environmental Inspector indicated that sediment fencing is checked biweekly, and additionally checked on an as-needed basis, for example following a rain event. TransCanada submits Project biweekly reports are issued on to the TRCA on a biweekly basis. (Photo 2)

The construction RoW is ~ 32 m wide in this area. Pink flagging denotes limits of RoW or temporary work space (TWS).

Fuel was observed to be stored within secondary containment. Adequate secondary containment was also observed under generator equipment. One small (~ 16 L) gasoline container was observed to be outside of secondary containment, and was placed immediately within the secondary containment. As adequate secondary containment was observed throughout the inspection, Officers determined that compliance tools were not required.

Restoration of a watercourse crossing was observed in this area. Erosion Control Blankets (Geocoir wrap and coconut fiber) were used to stabilize the banks. According the Environmental Inspector, the environmental consultant was on site for water quality monitoring and fish salvage, the watercourse was not fish bearing, and the riparian area has been seeded with an annual rye grass. Appropriately installed sediment fencing and straw bales were in place, providing erosion and sediment control.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-30 Shoofly 11-a (KP 7 + 175) Environmental Protection Yes
Observations
The pipe gang was observed working in the general area.

Rig mats were in use in the area in order to facilitate driving and access in the area and minimize mud. In areas where rig mats were used, a geotextile lining was under the mats, which TransCanada Representatives indicated were to prevent admixing of soils following a rain event.

Signage was observed identifying this area as environmentally sensitive (Western Chorus Frog and Little Brown Myotis Bat). TransCanada Representatives indicated that potential species at risk, including mitigations, were discussed with the Ontario Ministry of Natural Resources and Forestry (MNRF). TransCanada Representatives indicated that the installation of bat boxes is planned in this area. Timing mitigations were discussed on site.

Mitigations for Western Chorus Frog were observed: 30 degree exclusion fencing and pitfall traps. Company representatives indicated that an environmental consultant is responsible for the monitoring of the pitfall traps. Traps are closed during the day when the Western Chorus Frogs are usually less active, and opened overnight. Personnel from the environmental consultant check the traps each morning for frogs. If a specimen were to be identified in the trap, company representatives indicated that the individual would be moved to the woodland area outside the RoW. To date, no frogs have been found in the pitfall traps.

A 170 litre (L) drum-style spill kit was observed in this area. NEB Inspection Staff opened the spill skill and observed adequate contents. Company representatives indicated that a total of seven 170 litre (L) spill kits are strategically placed throughout the project, with smaller spill kits placed in each piece of large equipment. Each foreman is also equipped with a spill kit in their truck. Equipment operators do a daily inspection of their machines, which is recorded via log book.

A dewatering bag was observed in this area. TransCanada Representatives indicated dewatering bags are used to remove sediment before returning the water to the RoW, in an appropriate area as determined by the Environmental Inspector.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-30 Shoofly 15 (KP 10.9) – HDD, exit side (HDD of CP railway, Major Mackenzie
Drive West, Huntington Road)
Environmental Protection Yes
Observations
At the time on the inspection, active work was not being conducted at this site and no workers were present. HDD drilling equipment from the drilling subcontractor was in the mobilization phase, with equipment spotted in preparation for spudding. Rig matting was in place, and plastic underlay being utilized as secondary containment on the drill equipment.

A temporary flume was observed nearby, with a welded NPS 48 steel pipe used as a culvert. Company representatives indicated additional mitigation measures are planned (soil berms) to protect this culvert area.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-30 Shoofly 15 (KP 10 + 630) – Notification of Contamination (10 March 2016) Environmental Protection Yes
Observations
NEB Inspection Staff observed the area that corresponds to a 10 March 2016 Notification of Contamination (NOC). During Project construction, specifically in preparation of TWS for pullback operations for the HDD, the company discovered pre-existing contamination on 5 March 2016 in the form of crushed car battery debris. Inspection Staff observed small (~ 4 to 10 cm2) pieces of plastic debris and light discolouration of soils. According to TransCanada Representatives, the company now owns the land (laneway) as it was purchased to site an aboveground pipeline facility.

At the time of the inspection, personnel from an environmental consulting company was on site conducting soils test pits with a goal of delineation of the contamination.

The submission of the NOC is the first step in the NEB’s Remediation Process. Officers will be following up under that process. Company staff confirmed that the Ontario Ministry of the Environment and Climate Change (MOECC) has been contacted.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-31 Documentation Review the Safety Trailer in the Construction Yard Environmental Protection Yes
Observations
After attending the monthly safety meeting, NEB Inspection Staff reviewed Project specific environmental documentation:

TCRA Permit under Ontario Regulation (O.Reg) 166-06 – Development, Interface with Wetlands and Alterations to Shorelines and Waterways under the Conservation Authorities Act (Permit # C-150982). MOECC Permit to Take Water (PTTW) under the Ontario Water Resources Act, O.Reg. 387/04. (Permit # 3336-A6HKLD)

At the time of the documentation review, Officers discussed permitting for the Project at the various agencies involved with TransCanada’s Environmental Advisor.

The weather on 31 March 2016 was rainy throughout the day with the night before experiencing significant rainfall (30.4 cm for 31 March as per Environment Canada). Company representatives confirmed that when poor weather occurs, the company follows the Adverse Weather Contingency Plan and/or Wet Soil Contingency Plan, as per the EPP. Several wet weather shutdowns occurred that day.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-31 Horizontal Direction Drill, entry side (HDD of CN railway, Major Mackenzie Drive West, CP Railway and Huntington Road) and HDD, entry side, Rutherford Road Environmental Protection Yes
Observations
While on site, NEB Inspection Staff observed the following:

Drilling was on-going at the Major Mackenzie Drive HDD entry site. Operations were not active at the Rutherford Road entry HDD site.

Rig mats were in use due to very wet and muddy conditions.

Use of adequate secondary containment was observed ubiquitously around the site. Due to rainfall, some of the secondary containment units were observed to be approximately half full with rainwater. In discussions, TransCanada Representatives indicated that accumulated standing water is pumped from secondary containment units on as-needed basis. A visual check for sheen is conducted prior to pumping the unit. If a sheen is noted, the water is pumped to a holding tank for proper disposal. If no sheen is noted, the water is released in an appropriate area, as determined by the Company Environmental Inspector.

The contents of two Spill Response trailers were viewed. The contents were sufficient but general housekeeping and contents organization was poor.

Officers requested and received the Material Safety Data Sheets for drilling fluids observed on site – “Clay-Star MT” and “Thin Star L”.

At KP 8 + 825, signage was observed denoting an environmentally sensitive area (wetland). Sediment fencing and water management measures in place. In general, the area was wet and muddy with ongoing precipitation that day. Officers note that wetland area has water with a high sediment load from off-RoW bare soil agricultural lands sources and not caused by construction activities.

Spill kits were available, appropriately sized and stocked.
Does this observation specifically reference the Canada Labour Code or its regulations? No
Observations & Discussion
Date visited Location Theme Compliance Confirmed
2016-03-31 Shoofly 8 Environmental Protection Yes
Observations
While on site, NEB Inspection Staff observed the following:

Rig mats were in use due to wet and muddy conditions.

The HDD drilling subcontractor for this site was Direct Horizontal (Direct).

In general, housekeeping and organization at the site was very good.

NEB Inspection Staff discussed with TransCanada Representatives a recent release that occurred on the site (~4:40 AM on 29 March 2016). According to company representatives:

~ 40 L of oil was released when a splinted rig mat speared the carbon fiber oil pan on a truck. The contents of two 170 L spill kits were used to clean up the spill. In addition, boom was in use to contain water in the area.

The MOECC had been notified of the release.

Water in the area is being pumped into a holding tank. The contents of the tank will be disposed of off-site at an approved facility.

Soil sampling is planned once conditions allow.
Does this observation specifically reference the Canada Labour Code or its regulations? No

Compliance Summary

Compliance Summary
Theme Compliance Tools Used Corrective Action Due Date
Environmental Protection Corrected in field (Corrected Non-Compliance) 3/30/2016
Date/Time visited Location
2016-03-30 12:00 PM Shoofly 1 (KP 0 + 235) – Completed Horizontal Bore of CN railway line and RoW
Observations
A contractor’s truck was observed to be idling without worker present. This is non-compliant with Section 8.1 (General Environmental Protection Measures), Mitigation Measure # 22 (Air Quality/Emissions) of the EPP, which requires the reduction of idling whenever possible. This is considered Corrected Non-Compliance (CNC) #1.
Regulatory Requirements
Section 8.1 (General Environmental Protection Measures), Mitigation Measure # 22 (Air Quality/Emissions) of the EPP states that TransCanada will, "reduce the idling of equipment, where possible".
Corrective Action or Request Required
NEB Inspection Staff indicated that with the vehicle not in use and unoccupied, the vehicle ignition should be off to prevent unnecessary idling. NEB Inspection Staff observed that the Construction Manager immediately turned off the vehicle.
Does this observation specifically reference the Canada Labour Code or its regulations? No

This notice reflects the observations of non-compliance with regulatory requirements or company commitments, made by the inspection officer during the compliance verification activity. If the corrective actions identified are implemented by the completion date, the matter is considered resolved. Any unresolved compliance matters will be addressed by the inspection officer and may be referred to NEB enforcement staff.

517 Tenth Avenue SW Calgary, Alberta  T2R 0A8
Telephone: 403-292-4800   Toll Free: 1-800-899-1265

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