Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans-Northern Pipelines Inc.
Operating company: Trans-Northern Pipelines Inc.
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
This field inspection was carried out to inspect TNPI's Mainline in its Operational state, including environmental focused inspection of a number of pump stations, meter stations, integrity digs, and Rights of Way (across a variety of land use types). On-going Integrity digs as well as recently reclaimed ones (2016-2018) were inspected to assess reclamation activity as well.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Observation 1 - Aboveground Facilities IR #1, #2 and #3
Date & time of visit: 2019-04-30 08:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Meter Stations, pump/booster stations and valve sites were inspected at a number of locations listed below between Tuesday 29 April and Friday 3 May. These facilities spanned the TNPI Main Line, the Toronto Airport Lateral and the Nanticoke Lateral pipelines:
Farrans Point Meter StationGananoque River crossing ValveAragon Road ValvePerth Road ValveKingston Pump (Booster) StationKingston Meter StationBelleville Meter StationToronto Airport Meter Station (and Elmbank Maintenance Station)Nanticoke Pump (Lifting) StationDiscussion and inspection of the following were carried out at some or all locations as noted below:
Compliance tool used: Information Request (IR)
Regulatory requirement:
Company action required:
IR #1 Herbicide Hazard AssessmentAs outlined in the Aboveground Facilities Observation, an assessment of the potential hazard posed by off-site herbicide run-off is requested. Please provide documentation that this potential hazard has been assessed, documented and controlled by 19 July 2019.IR #2 Groundwater Hazard AssessmentA common thread of discussion across the station visits was that there is little site specific information available on the potential hazard that contaminated groundwater may pose if it migrates off-site. NEB Staff are of the view that potentially contaminated groundwater under the Toronto Airport station (which has been in operation for decades without a groundwater monitoring program) has not been properly identified, assessed and mitigated. Please provide documentation that TNPI has identified the potential risk, assessed the risk and put into place any mitigation measures needed to manage the risk of contaminated groundwater, sourced from the Toronto Airport Station and its historical and current day activities, moving offsite to surrounding receptors. Depending on the framework of TNPIs response, this may include a plan and timeline of activity/work to be conducted to put into place assessment and/or mitigation measures. Please provide a response by 19 July 2019.IR #3 Nanticoke Station Base of ValveAt the Nanticoke Station, the IO observed a crumbling base support under the thermal relief valve. Section 1.2 of TNPIs Safety Manual states that "Proper design and maintenance of facilities, equipment and tools are fundamental to achieving safe work place".Provide documentation illustrating TNPIs plan to assess and mitigate the potential hazard this crumbling foundation poses. Please include a work plan and timeline if applicable, with a response by 19 July 2019. Section 1.2
Due date: 2019-07-19
Date closed: 2019-07-23 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: Referred to enforcement
Compliance achieved: No
Observation 2 - CNC #1 Soiled gravel at Farrans Point
Stained/soiled gravel was observed at three locations at the Farrans Point Station. The IO observed stained gravel with hydrocarbon odour in two locations and an oily patch of gravel in the third location. The group discussed TNPIs procedure when spills or drips are encountered, and NEB staff reviewed the procedure document. Photographic evidence was provided during the inspection that the soiled gravel areas had been cleaned up. This is considered a corrected non compliance and no other issues are outstanding.
Compliance tool used: Corrected Non-compliance (CNC)
Relevant section(s):
TNPI will clean up the areas of soiled gravel and send photographic evidence that this has been completed.
Due date: 2019-05-03
Date closed: 2019-06-14 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 - NNC #1 Surface Water Management and Drainage
The swale system of surface water management at the Belleville Pump Station was observed to be cracked (see photos). At the time of the inspection, it was raining which allowed for visual confirmation that water was pooling and draining from the swale system through cracks and lowlying areas of the site rather than being directed towards the oil/water separator
Compliance tool used: Notice of Non-compliance (NNC)
1. TNPI will develop and implement a plan to address the broken swale system at Belleville Pump station.The plan will include:a) An interim fix to mitigate environmental risks until work is completed, to be implemented as soon as practicable upon receipt of this NNC.b) A schematic diagram and discussion of what the system will look like once fixed, whether repaired or redesigned.c) A work order outlining the maintenance activity and proposed dates during which the work has been scheduled to be conducted and completed.d) Discussion of how the new or repaired system will be tested to confirm its efficacy including confirmation that slopes and grades effectively direct water towards the oil water separator. TNPI will provide a response with test results including photos once works are completed.
Date closed: 2019-09-11 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.
Observation 4 - NNC #2 Hazardous Materials Storage
Hazardous Materials and Waste Storage/Management: Improper storage of hazardous materials and waste was observed at the Belleville pump station, the Toronto Airport station, Elmbank, and the Nanticoke lifting station. Specific issues observed were a lack of secondary containment, hazardous chemicals improperly stored in flammable material cabinets, as well as improperly labelled bottles . The IO observed a building which TNPI indicated had historically been used for sampling the jet fuel at the Toronto Airport station, referred to as the ‘sample shack’. NEB staff note that the space was orderly and hazardous materials containers were properly labelled and stored. However, the ‘sample shack’ smelled strongly of jet fuel. In addition, jetfuel staining was observed outside of the building on its concrete foundation. The staining led to the seam between the building walls and the foundation which IOs note does not provide any means of containment for leaks and spills during hazardous product handling within the building. IOs noted evidence of hydrocarbon contamination saturated within the wood cabinetry and flooring of the building.
1. Provide photographic evidence that appropriate secondary containment has been achieved at each location where the issue was identified during the inspection, including:a) Hazardous chemicals in the shed at the Belleville pump stationb) Hazardous materials including 20L lube oil pails and red drip pails in the shed at the Toronto Airport stationc) Paint cans and spray paint left outside in the 'boneyard' at the Toronto Airport stationd) Hazardous chemicals in the shed at the Elmbank facilitye) Hazardous chemicals in the shed at the Nanticoke pump station2. Provide photographic evidence that improperly labeled containers in the flammable cabilet at the Elmbank facility have been appropriately labeled as per WHMIS guidance. 3. Generate or amend existing TNPI Procedures to appropriately assess and control hazards related to waste management and hazardous storage:a) Develop, implement and provide a plan to IOs which describes control measures to be installed and timeline for installation.b) Provide TNPI's procedure and/or work instructions which addresses the expectations to staff and contractors for secondary containment, storage of hazardous products, and hazard assessment for potentially dangerous product.4. Re-assess the 'sample shack' at the Toronto Airport in the context of the risk it may pose, by considering the hazards and potential mitigations that might be appropriate with current-day best practices to protect the environmental and the people coming into contact with the shack:a) Provide the NEB with a record of this exercise including i) identification of the hazards; ii) mitigations planned for each hazard; and iii) a timeline and workplan associated with each mitigation strategy.
Due date: 2019-08-30
Date closed: 2019-09-06 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.
Observation 5 - NNC #3 Housekeeping/Waste Management
TNPI will provide a response including photographic evidence that all instances of non-compliance have been cleaned-up. The response will address the following: a) Discarded nitrile gloves around the Farrans Point Contaminated Site monitoring wells (along the right of way outside of the station fence); b) Paint cans and spray paint bottles sitting out in the weather, rusting and causing potential for leaks at Elmbank. These need to be disposed of, placed in secondary containment and/or brought under cover and away from the elements; c) Empty barrels with no anticipated use should be disposed of around the Toronto Airport Station (near the sample shack) and at Elmbank; d) Used sections of pipe and discarded pigs laying outside exposed to the elements (rusting and corrosion) and potentially leaking residual hydrocarbons to the surrounding environment at Toronto Airport station, Elmbank and Nanticoke; f) Confirm the grey pump trailer sitting outside near the sheds at Elmbank (beside which a sheen was observed on the wet ground) is not leaking. If maintenance is required, maintenance actions taken will be described.
Date closed: 2019-07-17 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.
Observation 6 - CNC #2 Housekeeping and Waste at Elmbank
Clean up the area, properly dispose of metal recyling.
Date closed: 2019-05-05 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.
Observation 7 - Integrity Digs
Eight integrity digs were inspected; four active digs and four previously-reclaimed digs:
Compliance tool used: No compliance tool used
Observation 8 - IR #4 Environmental Inspectors
Date & time of visit: 2019-05-03 11:00
1. As a means of identifying the expertise, training and knowledge that TNPIs Environmental Inspectors (EIs) have which deems them qualified to carry out the tasks related to environmental inspection, TNPI will provide: a) A list of the Environmental Inspectors employed by TNPI and all relevant environmental training each has received that deems them qualified b) TNPIs decision making framework and job requirements for choosing Environmental Inspectors - any relevant policies and documentation TNPI has in place c) Identify any gaps in the training and qualifications the staff listed in a) have to carry out the tasks of an Environmental Inspector.2. Provide all Environmental-related reports generated by Environmental Inspectors at the Woodeden MP358.23 integrity dig and the NK24.87 Chippewa Rd integrity dig.
Date closed: 2019-07-24 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.
Observation 9 - NNC #4 Bird Survey
Date & time of visit: 2019-05-02 14:00
During inspection of the integrity dig at MP358.23 at Woodeden, Mississauga, the IO inquired as to whether a bird survey had been conducted before construction commenced. At the time, TNPI staff were unable to provide a bird survey document and committed to looking into it to follow up at a later time. After the inspection (15 May and again 29 May) TNPI followed up over email (see saved documents for record of email) that site activities began on 8 April which was outside of the Primary Nesting Period (PNP) window. The PNP was estimated to range between approximately 10 April to 9 August, depending on the location and seasonal variations. The Environmental Protection Plan for the site, which was not provided to the IO to review while on site because there was confusion amongst staff about whether or not one existed, states that“If construction is scheduled to occur during the breeding bird season (April 1 to August 31), a pre-construction survey will be completed by a qualified biologist for areas where vegetation clearing may be required to confirm the presence or absence of active nests.” TNPI are of the position that "the EPP reference to the birding season was a generic statement and was not indicative of that site" (MP358.23). The start date of construction at the site was 8 April, and the PNP window began 10 April. TNPI stipulates that the construction began 8 April, and the PNP window began 10 April, and thus they met the requirement of the PNP.NEB Staff note that there is no mention of the PNP window in the site specific EPP prepared by Stantec (2018) as quoted above in italics. Staff also note that the inspection occurred on 2 May, within the PNP window, and the construction was still ongoing. Since the EPP states that construction occurring during the breeding bird season, 1 April to 31 August, necessitates a a pre-construction survey and TNPI did not conduct a survey for the construction which began on 8 April, the IO considers this as a non compliance to the site specific EPP.
TNPI will:a) Develop and or update its procedures and training to better account for requirements within their EPPs for construction, specifically related to requirements for bird surveys within the clearly identified breeding bird season window. TNPI will provide a response including its new and/or amended procedures.b) Provide a response that includes discussion of what led to this non-compliance, as well as specific steps which will be taken to prevent future occurence including for construction activities scheduled to occur within the 2019 breeding bird season, including communication of this non-compliance and TNPI's corrective actions to its contractors conducting clearing or brushing activities on its O&M dig sites.
Due date: 2019-09-30
Date closed: 2019-10-07 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.
Observation 10 - Right of Way
The Right of Way of the Mainline was inspected at a number of locations, as listed below, in order to assess compliance across various land uses and ecosystems:
Observation 11 - NNC #5 Signage
Date & time of visit: 2019-05-03 08:00
Discipline: Damage Prevention
At the Grand River crossing where the Mainline crosses along the HONI easement, there was no signage observed along either shoreline of the river crossing. Although the IO is satisfied that there is no need for navigable water signage as discussed in the Right of Way Observation, general pipeline signage is required.
Provide photographic evidence that signage has been erected where the Mainline travels under the Grand River.
Observation 12 - IR #5 Surface Water Management - Belleville Swale NNC
Date & time of visit: 2019-07-25 08:00
TNPI did not provide the information requested in the Company Action section to correct the Notice of Non-Compliance (NNC #1). TNPI's response indicated that they have carried out a preliminary assessment to implement the interim fix (1a), by the end of 2019 and acknowledged that the swale will need to be redesigned and replaced. Planning is anticipated to begin in 2019 and to be executed in 2020.The NNC remains open, since TNPI's response did not address the questions asked.
Provide the following:The interim fix for the swale system to properly direct surface water and potential spills to the oil water separator must be in place by 23 August. Provide photographic evidence and a schematic plan of the interim system by 23 August 2019.
Due date: 2019-08-23
Observation 13 - NNC #6 Nanticoke Station Base of Valve
Discipline: Integrity Management
The information requested in IR#3 regarding the crumbling base of a valve at the Nanticoke was not provided by the due date of 19 July 2019. Thus, the requested information and plan for assessing the hazard and mitigation plan is reiterated here as a notice of non compliance.At the Nanticoke Station, the IO observed a crumbling base support under the thermal relief valve. Section 1.2 of TNPIs Safety Manual states that "Proper design and maintenance of facilities, equipment and tools are fundamental to achieving safe work place".Provide documentation illustrating TNPIs plan to assess and mitigate the potential hazard this crumbling foundation poses. Please include a work plan and timeline if applicable.
Below is the initial information requested, reiterated here as an NNC rather than an IR:Provide documentation illustrating TNPIs plan to assess and mitigate the potential hazard this crumbling foundation poses. Please include a work plan and timeline if applicable.Provide a response by 20 September 2019.
Due date: 2019-09-20
Date closed: 2019-09-27 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.
Observation 14 - NNC #7 Environmental Inspectors
Identify and address any gaps in the training and qualifications the environmental inspectors' have to carry out their duties safely, securely, and to protect the environment.Submit a revised job requirement list of the Site Supervisor which accounts for the deficiencies identified in the above exercise.
Observation 15 - IR #2b-Follow up to Groundwater Hazard Assessment
Submit the Phase I report generated to assess groundwater contamination hazards at the Toronto Airport by 30 August 2019. Ensure that the Phase I report outlines the next steps TNPI will take to assess, manage and mitigate potentially impacted groundwater with time lines.
Observation 16 - Inspection Officer Order, Belleville Swale Surface Water Management
Date & time of visit: 2019-08-28 08:00
On 30 April 2019 the IO conducted an inspection of the TNPI Belleville pump station and made the following observations as noted in the inspection report for activity CV1920-221:The swale system of surface water management at the Belleville Pump Station was observed to be cracked. At the time of the inspection, it was raining which allowed for visual confirmation that water was pooling and draining from the swale system through cracks and low lying areas of the site rather than being directed towards the oil/water separatorThe IO issued a Notice of Non-Compliance (NNC) which required TNPI to take the following actions by 19 July 2019:
Compliance tool used: Inspection Officer Order (IOO)
TNPI will implement an interim fix for the swale system at Belleville Pump Station to properly direct surface water and potential spills to the oil water separator. TNPI will provide photographic evidence of the completed interim mitigation as well as a schematic plan of the interim system by 11 September 2019.
Due date: 2019-09-11
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
