Compliance verification activity type: Field Inspection
Team:
Regulated company: NOVA Gas Transmission Ltd.
Operating company: TransCanada PipeLines Limited
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
The North Montney Mainline Project is a 306 km construction of NPS 42 pipe and related components in northeastern BC. Spread 1 is approximately 52 km long and includes several river crossings (Pine, Peace and Moberly Rivers), the Pine River Sand Dunes, several wetlands, and the Peace Moberly Tract. This inspection was recommended by staff based on a previous activity and focused on the Moberly Slope, a steep, large slope with high erosion potential, and the Peace Moberly Tract (PMT), an environmentally sensitive and culturally significant area to local Indigenous communities.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Moberly River (approximately KP 31)
Date & time of visit: 2020-01-26 13:10
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Final clean-up was completed in late 2019 and included the installation of diversion berms and other sediment and erosion control structures. The sediment and erosion control plan was provided to and reviewed by IOs in advance of the inspection. Due to deep snow (approximately 0.5 to 1 meter in depth) and the steep slope, the following observations were made from the top of the south slope:
Compliance tool used: No compliance tool used
Observation 2 - Mixed Bury Cover Sump Site (KP 26+600)
Date & time of visit: 2020-01-26 15:00
IOs inspection the sump site at approximately KP 26+600, an area being used for the disposal of drilling mud from the Horizontal Directional Drill of the Peace River. At the time of the inspection, the site was in use, however no crews were actively working at the time (as it was a Sunday).Company Representatives explained that the site consists of 9 pits (or cells), four of which were complete. The other pits were in various stages of completion. The pits are used for disposal of drilling mud and are tested according to provincial standards. It was further explained that the area is to be treated as a sensitive environmental habitat (e.g., requiring additional levels of secondary commitment similar to that required near a wetland) as any spills to the pits would require additional extensive testing for contamination. The pits are several meters in depth and approximately an average of 10 X 20 m and present a potential hazard to wildlife falling in.The site was generally tidy of litter and construction materials, excepting a central area was used for storage of materials and small equipment. Materials stored in this area included a light tower, frost fighter, hand tools, fire extinguishers, generators, chemicals (e.g., hydraulic oil), and hoses. The tent was overcrowded, with materials stacked atop one another (e.g., chemicals stacked atop generators) with little room to safely move around. CER IOs inspected this area to the extent possible without physically moving equipment.Several (3-5) pieces of heavy equipment (excavators and dozers) were observed in the general area of the storage tent and the two active pits. No leaks were observed on any of the equipment and biosecurity inspection stickers were visible. The equipment also included stickers indicating the requirement for hearing protection within 2 m of the operating machine with a blank to be filled in with the sound level (in decibels).Three light towers were in place beside Pit 9, near some heavy equipment. None of the three light towers in this location had spill kits. An additional light tower and a frost fighter (heating equipment) were located on the mats in the central storage area. A spot spill (possibly coolant) was observed between the light towers and the nearby equipment.An industrial garbage bin with a fenced lid (to prevent wildlife access) was located in the far south-west corner of the site. Metal fencing materials were observed at the back of the site, more than 100-200 m away from the active sump sites. Repeated non-compliances were identified in the sump site area on 26 January 2020 and identified to Company Representatives (Environmental Inspector [EI]). At a meeting attended by IOs at 7 am the following morning, the EI communicated to the Project personnel that the site was not up to standard and would be addressed that day. IOs returned to the site that afternoon (approximately 3:45pm) and observed that many, but not all, of issues had been addressed. The non-compliances observed in this location are described in greater detail in additional observations below:
Observation 3 - The Peace Moberly Tract (PMT)
Date & time of visit: 2020-01-27 12:00
Approximately 10 km of the Spread 1 is within the PMT, an environmentally sensitive area of cultural importance to local First Nations. NGTL developed the Peace Moberly Tract Protection Plan (PMTPP) as required by Condition 11 of the Project authorization (Certificate of Public Convenience and Necessity GC-125). The PMTPP includes additional mitigation beyond those outlined in the Project Environmental Protection Plan (EPP) and all workers are required to attend PMT-specific orientation prior to work within the PMT.The entrance to the PMT was clearly signed and log-in information was required. IOs were asked to provide confirmation of PMT-orientation to the worker on duty, who also recorded vehicle information. The CER IOs drove slowly (~5-10 km/hr) down several kilometers of the pipeline right-of-way (RoW) within the PMT. RoW was not closely inspected as it was snow-covered and no active work was occurring at the time of the inspection, however, the slow driving speed allowed for some high-level observations:
Observation 4 - Information Request #1 - Access Control
Snowmobile tracks were observed on the north slope of the Moberly River. While in the field, Company Representatives did not believe that the tracks were Project-related. The following morning, Company Representatives indicated that they had learned that the tracks were from “PMT Monitors” - members of a local First Nation community who, while not employed on the Project, were permitted access for the purposes of sharing information back to their community. Company Representatives further indicated that the PMT Monitors provide weekly reports to the Environmental Inspector.
Compliance tool used: Information Request (IR)
Regulatory requirement:
Relevant section(s):
Company action required:
Provide a written response indicating the effectiveness of access management measures in the area of the inspection, including, at a minimum:
Due date: 2020-03-16
Date closed: 2020-03-26 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 - Information Request #2 - Environmental Responsibilities for Spread 1
Date & time of visit: 2020-01-26 09:00
At the Opening Meeting, IOs requested additional information regarding the various environmental roles on the Spread and the responsibilities of each (e.g, Environmental Support, Lead EI, EI). This verbal request did not include a timeline.Given the numerous and repeated non-compliances observed during this inspection, CER IOs require additional information regarding roles and responsibilities and lines of communication for ensuring that environmental risks and hazards are being identified and managed.
Provide a written response detailing the roles and responsibilities and lines of communication for ensuring that environmental risks and hazards are being identified and managed.
Observation 6 - Information Request #3 - PMT Fuel Tank
Date & time of visit: 2020-01-27 13:00
As noted above, a large fuel tank (diesel) was located at the top of the Peace River slope in the PMT. A large barrel spill kit was on-site and multiple smaller spill kits were observed at either end of the tank. A drip pan was located near the fuel nozzle and the tank itself was placed on matting. Company Representatives indicated that the tank was double-walled (i.e., built-in secondary containment).IOs were unable to determine whether any additional external containment was in place to prevent drips or spills (e.g., from fueling) from contacting the ground. Although a drip pan was at the tank location, it was not immediately under the fuel nozzle, which was hanging on the side of the tank. IOs discussed the increased risk of spills in this location (e.g., through improper use of drip pan) and the environmental sensitivity of the area (in the Peace Moberly Tract) with Company Representatives.The Project’s Chemical and Waste Management Plan has a purpose to “reduce the likelihood of an accidental release of potentially hazardous waste products into the environment during construction” (EPP Appendix IF, page 1F-1). Specific mitigation related to fueling is primarily focused around the transport of fuel (e.g., fuel trucks) and avoidance of fueling-related activities within 100 m of a watercourse and wetland. Company Representatives indicated that the fuel tank is more than 100 m away from a watercourse or wetland.IOs also note that a Guiding Principle of the Chemical and Waste Management Plan (the Plan) is “Reasonable preventative measures will be taken to avoid the release of wastes and hazardous materials into the environment” and that this principle has “been incorporated into the Plan” (EPP, Appendix IF, page 1F-2).Given the sensitive environmental nature of the environment and non-compliance to the Plan in other locations, CER IOs require additional information to confirm that the potential environmental hazard at this location is being mitigated.
Observation 7 - Notice of Non-Compliance (NNC) #1 – Wildlife Exclusion Fencing At Sump Site
Pits 9 & 4 at the Mixed Bury Sump site were not entirely fenced off. Berms were in place approximately 1-2 meters high, but were insufficient to ensure wildlife (such as deer) were kept out of the pits.Company Representatives indicated that the need for fencing had been previously communicated to the contractor and that fences were put in place daily with the exception of the night prior to the CER inspection. Officers requested documentation demonstrating that this was previously communicated. Company Representatives indicated that this requirement was previously noted on a daily EI report from October 2019. They further indicated that the site would be active 24 hours a day for the foreseeable future.When IOs returned to the sump site the second day the fences were in place, with appropriate gaps to allow equipment to access the pits.
Compliance tool used: Notice of Non-compliance (NNC)
Date closed: 2020-03-27 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 8 - Notice of Non-Compliance #2 - Safety Hazards
Date & time of visit: 2020-01-26 13:30
Discipline: Safety Management
The scope of this inspection was focused on environmental protection. However, during the inspection, several potential safety hazards were observed by IOs:
Corrective Action for NNC#2 was completed as part of the Inspection Officer Order. No additional corrective action is required at this time.
Due date: 2020-02-05
Date closed: 2020-02-18 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.
Observation 9 - Notice of Non-Compliance #3 - Waste and Chemical Storage
Multiple non-compliances to the Waste and Chemical Storage Plan (the Plan) were observed. Additional background information about the locations in which these non-compliances were observed are provided in the above observations (Mixed Bury Cover Sump Site and Peace Moberly Tract).Mixed Bury Cover Sump SiteThis area had several hazardous materials stored in a manner that was non-compliant to the requirements in the Plan. Given time constraints (losing daylight) and safety considerations such as moving hazardous materials, IOs were unable to conduct a fulsome sweep of the storage tent to confirm whether additional non-compliances were on-site, but did observe the following:
Due date: 2020-03-04
Date closed: 2020-04-01 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 - Notice of Non-Compliance #4 - Spill Response
A total of five spot spills (small volume, drip-like) were noticed on the ground (snow) by CER IOs during the inspection.1. Mixed Bury Sump Site Spot Spill (possibly coolant)
1. Provide spill reports for the spills noted above unless they were previously provided as part of HCA-001-2020. 2. Provide additional communication to crews regarding the need to immediately clean up spills.This was completed as part of IOO HCA-001-2020. No further action is required on part (2). 3. Indicate whether NGTL will implement any additional measures to reduce the potential impact of spills from heavy equipment that is not in use for extended periods of time. If so, indicate the extent of these measures (i.e., whether they will apply to other Project spreads).
Due date: 2020-03-06
Date closed: 2020-04-06 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 11 - Inspection Officer Order (IOO) HCA-001-2020
Date & time of visit: 2020-01-28 21:00
Numerous and repeated non-compliances and hazards primarily around waste and hazardous material storage, spill response, and fire extinguishers resulted in immediate enforcement action.Inspection Officer Order HCA-001-2020 was issued to NGTL on 28 January 2020 and Order NGTL to take specified measures in the immediate and short-term to prevent or mitigate hazards to the environment. The full text of the IOO can be found on the CER’s Compliance and Enforcement Webpage.The specified measures required are copied below:Immediate Measures (no later than 31 January 2020)
Compliance tool used: Inspection Officer Order (IOO)
All corrective actions were previously completed in response to HCA-001-2020. No additional corrective action is required at this time.
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