Compliance Verification Activity Report: CV2021-488 - TransCanada Keystone Pipeline GP Ltd.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-488
Start date: 2020-11-16
End date: 2020-11-19

Team:

Regulated company: TransCanada Keystone Pipeline GP Ltd.

Operating company: TransCanada Keystone Pipeline GP Ltd.

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmental inspection of construction activities on the TC Energy Keystone XL Project in Alberta segments; Oyen, and Monitor spreads. This inspection was conducted in cooperation with CER contracted Indigenous Monitors, focusing on traditional land use and cultural heritage programs as they relate to pipeline construction.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Additional Project-specific requirements or conditions:

NEB Certificate OC-56 Conditions

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2020-11-16 15:25

Discipline: Environmental Protection

Categories:

Facility:

Observations:

The inspection took place after a significant winter snow storm went through the region approximately a week prior to the inspection. Snow drifts and piles of plowed snow were evident on the ROW and access roads to the sites visited. The contractor was still working to re-establish site access for some locations along the ROW. A variety of construction activities were observed on both Oyen, and Monitor spreads.


Construction Yard – November 16, 2020
 
Vehicle observed idling at the refueling pumps in construction yard. Discussion occurred with Company EI and documentation was reviewed during the inspection which indicated that there is no specific procedure for idling while refuelling. No further follow-up is warranted.  

The wash bay was in use during the inspection. PPE requirements were discussed for personnel cleaning equipment. The response informed IO’s that TC Energy and the contractors are compliant with this procedure, and no further follow-up is required.

A single vehicle battery was observed without secondary containment outside of the maintenance garage – No requirements for spent battery storage. Refer to CNC1.

Two spent fire extinguishers were observed as loose items in the yard, and not stored in appropriate locations on site. Refer to CNC1.  

Sand blasting material stored beside the waste metal bins with a small amount observed spilled on the ground. Reviewed SDS sheets, and no concerns.

Other observations:


Daily Inspectors Meeting 06:30 AM – November 17, 2020 
The following observations were made on the Oyen spread of the project on 17 November 2020.
 

KP 31+500 @ 09:05KP31+170 
KP 30+230 @ 09:46 
KP 29+000 
KP 23+300 @ 10:55 
KP23+800 @ 11:10
KP9+800 (Hwy 570) @ 1:20pm 
KP3+000 @ 13:50pm 
KP3+300KP2+800 @ 14:01
The following observations were made on the Monitor spread of the project on 18 November 2020.

KP 31+000 – Sounding Creek @ 9:20am 
KP 29+420 @ 10:35 
KP 28+700 @ 10:58 
KP23+650 @ 11:37am 
KP23+000 
KP21+700 @ 13:45pm 
KP19+050 @ 14:50pm 
KP18+400 @ 14:40pm

Compliance tool used: No compliance tool used

Observation 2 - CNC 1: Construction Yard, Chemical Storage and Containment Measures

Date & time of visit: 2020-11-16 15:49

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the inspection of the construction yard, located near the Canalta hotel, the Inspection Team noted multiple instances of non-compliance in regards to improper storage of items containing hazardous chemicals. The materials were observed as spent, however they were not placed in their required/ designated areas. The following items were observed:

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

The Company will ensure that the hazardous items observed outside of storage/containment are placed in suitable and/or required storage receptacles, or within appropriate secondary containment.

Photographic evidence and written confirmation will be provided to the Inspecting Officers upon completion.

Due date: 2020-11-20

Date closed: 2020-11-20
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 3 - CNC 2: Housekeeping at Sounding Creek

Date & time of visit: 2020-11-18 09:33

Discipline: Environmental Protection

Categories:

Facility:

Observations:

While inspecting Sounding Creek on the Monitor spread, IO's noted geotextile fabric, both black and green colors, mixed amongst and emerging from underneath the recently replaced spoils over ditch line.

  

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

The following corrective actions are required:

  

Due date: 2020-11-20

Date closed: 2020-12-04
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 - IR: Deficiency List and Monitoring

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the inspection of the ROW, multiple deficiencies were identified. Much of the concerns were result of the weather and seasonal conditions, as heavy snow drifts were prevalent in the area. The desired outcome of this IR is to ensure the company is adequately monitoring ROW conditions; preventing and anticipating the potential for adverse effects, and applying appropriate mitigations. The following deficiencies were observed:

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

The Company will supply the Inspecting Officer with an updated deficiency list confirming the areas noted have been captured for future maintenance and rectification. Confirmation can be provided as a snap shot picture of the electronic tracking system.

Due date: 2020-11-20

Date closed: 2020-11-20
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 - Indigenous Monitoring Training Session

Date & time of visit: 2020-11-19 08:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

A presentation on understanding Indigenous Cultures was provided to the Inspection Officers and the accompanying Indigenous Monitors. The presentation was offered by TC Energy Indigenous Relations staff in cooperation with Stantec and guest Indigenous Knowledge Keepers, and Elder. This presentation was able to provide the Inspection Team with additional information in relation to heritage resources, traditional land use, and traditional knowledge (TK).

Compliance tool used: No compliance tool used

Observation 6 - Indigenous Monitor Observation: X-terra

Date & time of visit: 2020-11-16 12:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.

OBSERVATIONS
 
Archaeological


Wildlife
Wetlands
Soils 
Other observations
  • Yard inspection overall was well kept, a fire extinguisher was found improperly stored with no tags, a battery stored improperly with no secondary containment, they were corrected same day.
  • Observed jeeping, welding, trenching, backfilling, tie ins, pipe laying crews throughout the inspection, seeing these process and different stages of construction was a great learning opportunity.

TRADTITIONAL KNOWLEDGE
 
  • All TK sites observed all had the mitigation followed correctly
  • The IM presentation we had attended on Nov 19th was very well done and it was very informative. This gave us a better idea of what the program is about. They provided insight and knowledge on the history of the land and why its so important to honor the history of the land.
NON-COMPLIANCES/COMPANY FOLLOW UPS:
 
  • All NNC and CNC were done by the Environmental Inspection

INSPECTION SUMMARY:
 
  • This inspection was great to be a part of, I learnt a lot about the different phases of the construction process on the pipeline and got to experience the work progress in different phases. The presentation that the IM’s gave us was very informative and am grateful to have been there to listen to their stories. The company and IM’s have done a good job with keeping the TK sites up to the mitigation standards.

 

Compliance tool used: No compliance tool used

Observation 7 - Indigenous Monitor Observation: Apeiron

Date & time of visit: 2020-11-16 12:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.

Archeological
 
Inspected archeological site TK510, and TK3.  They were fenced (rope) off to protect them from being disturbed and numbered (catalogued) for future reference.  Stopped along the ROW to inspect archeology site in progress and inspect fossils.  Spoke with the archaeologist “bone picker” that was working on the site about the area, and how this area was all ocean at one time.

Wetlands
 
Safety moment to discuss ERP near WL1104. While there we inspected the wetland. The wetland was properly fenced (rope) and proper signage in place. At WL876, inspected the power line mediation. All signage was in place.

Amphibians  
There was a tadpole discovery at KP 11. The area was approximately 100 yards long. Matting was laid down on the site, so we would not disturb the grasses.

Other Observations
 
Inspect lay down yard equipment fuel tanks, gas cylinders, block stockpiles, inspect garbage and recycle pins to make sure the product is in the right bin. Found one used battery not stored properly. Found used oil on top of storage tank it was cleaned up. Fire extinguisher not charged it was taken for reinspection.
 
Inspected the berm around the drainage, all procedures were followed properly. Inspect water removal from ditch and how sand is used to protect the pipe. Inspect boom cats lowering pipe into the ditch. All safety protocols were in place.
 
Inspected Sounding Creek pipeline crossing, signage in place. At Monitorn19-050 inspected back filling and soil piles. The dirt (topsoil) is stored along the ROW. The soil piles are sprayed with a tackifier to keep dirt from eroding.

NON-COMPLIANCES/COMPANY FOLLOW-UP REQUIRED
Refer to CER non-compliances

SUMMARY

The Traditional knowledge workshop facilitated by the IMs about the TK sites and history about the area that the pipeline ROW was going through was remarkably interesting and helped me gain a better prospective of the process
 
At the end of the inspection the IMs, Proponent and the Prime Contractor met to discuss the overall inspection of the Oyen and Monitor pipeline spreads and review JSAs.  There were not any Non-Compliance’s issued.
 
It was a good inspection there is always something to learn.  All our questions were answered the Proponent, IMs and the Prime Contractor were very professional and friendly they knew their jobs land their role on the pipeline.



 

Compliance tool used: No compliance tool used

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