Compliance Verification Activity Report: CV2223-287 - Enbridge Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2738
• Inspector In Training 2977T

Regulated company: Enbridge Pipelines Inc.

Operating company: Enbridge Pipelines Inc.

Province(s) / Territory(s):

• Manitoba

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• REM2018-032

Rationale and scope:

Field inspection of the active remediation being conducted at a site near Lorne, MB and Swan Lake First Nation (REM2018-032)

Compliance tool(s) used:

• None

Facility details

Facilities:

• Line 2

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Operations

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan - Mile Post 708.35
• Project-specific plan or procedure
• MP 708.35 Remediation - Water Quality Monitoring Plan
• Project-specific plan or procedure
• Fish Salvage and Fish Passage Plan MP708.35 Remediation
• Project-specific plan or procedure
• Air Quality Monitoring Program - Mile Post 708.35
• Project-specific plan or procedure
• Remedial Action Plan - REM2018-032
• Project-specific plan or procedure
• Industrial Hygiene Plan for CWP 708 Remediation (Lorne, MB)

Information Request

IR from CER (Information Request sent from CER to company)
Remediation-related Plans and Procedures

Legislative Requirement : Onshore Pipeline Regulations (OPR) 2020-03-16

Sections of the Act

Theme and Categories

Due Date : 2022-11-15

Review Response
Acceptable

Follow-up Action
None

Observations (no outstanding follow-up required)

Observation 1 - MP708.35 Remediation Field Inspection

Date & time of visit: 2022-11-17 11:45

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Chemical Spills/Releases
• Surface Water Management
• Containment and Drainage Structures
• Surface Water Management Plan
• Groundwater
• Monitoring and Testing
• Chemical Spills/Releases
• Air Quality
• Emissions Control/Monitoring
• Housekeeping
• Temporary Structures
• Water Bodies - Fish-bearing
• Chemical Spills/Releases
• Temporary Access Structures

Facility:

• Line 2 (Pipeline)

Observations:

The Inspection Team conducted a field inspection of the active remediation work ongoing at Line 2, MP708.35:

Soil and groundwater management:

• All silt fences observed were installed at appropriate locations in relation to the creek, slopes and stockpiled materials.
• Groundwater monitoring wells observed were capped, locked, and protected by brightly painted cattle guards.
• Tanks to hold groundwater de-watered from the excavation were present with appropriate signage (labelled as “Impacted Waste Water”).
• Spoil piles of contaminated soil were observed being stored (prior to removal by truck) in a dedicated area of sufficient distance from the edge of the excavation and from sensitive ecological features (the creek). A plastic liner was observed below, and soil berms observed around the spoil piles.  
• Flagging was present surrounding the open excavation, which is consistent with the Ground Disturbance Standard.
• Backfill quality testing which Enbridge had committed to conduct was described by company representatives and met the Remedial Action Plan requirements. The backfill was reported to have been sourced from the landowner.
• The Inspection Team observed a field laboratory operating on site which analyzes contaminants of concern on a daily basis to inform the extents of the excavation.
• Daily job hazard assessment forms from the field crews were spot checked to ensure appropriate hazards including the contaminated soil and groundwater were identified.
• No compliance issues noted.

• Real-time continuous air quality monitoring stations at the north, south, east and west were observed by the Inspection Team which were components of the Air Quality Monitoring Program. Data gathered according to this commitment were spot checked for randomly selected dates. The data was provided on site, no concerns noted.
• For the Industrial Hygiene Plan, Enbridge representatives reported that monitoring data are collected 15 minutes prior to work commencing in the morning and once every hour thereafter in the specific areas where workers will be present. Benzene and total volatile organic compounds (TVOC) are monitored. The Inspection Team noted that this is consistent with the Industrial Hygiene Plan. Monitoring results were spot checked for randomly selected dates during active work, which was readily available on site. Company representative indicated that, to date, all air concentrations have not been elevated.
• No compliance issues noted.

• Turbidity sampling locations which had been committed to in Enbridge’s site specific Water Quality Monitoring Plan, were viewed in the unnamed creek including the locations immediately downstream of where diverted water discharges. Field staff who monitor turbidity every 2 hours were observed conducting their work.  Turbidity results were requested for specific dates during the active field works by the Inspection Team to spot check for compliance. The data was readily available in the field, and the results verified compliance with the monitoring requirements laid out in the plan. Enbridge described that elevated turbidity results (relatively) were flagged during early excavation and dewatering activities, and a host of changes to the water management strategy were implemented to prevent impacts to the downstream ecosystem and allow diverted water to re-enter the creek slowly. This response is consistent with the Site Specific EPP requirements. The water quality monitoring data and management of water on site were consistent with the Site Specific Water Quality Monitoring Plan, no compliance issues noted. 
• A second creek dewatering discharge location was inspected. The discharge location was observed in a flat vegetated (agricultural land use) area which was armoured with plastic sheeting, wooden boards, and hay bales to mitigate any erosion. The discharge location was also of a sufficient distance from the creek.
• Fish salvage had been completed prior to the inspection. The Live Fish Handling Permit was confirmed to have been issued from the Province of Manitoba and readily available on site upon request.
• The upstream pump used to divert water from the isolated working area of the creek excavation was not in operation at the time of the inspection, since the creek was frozen to bottom. The pump was observed to have a screen in place to prevent fish uptake, which is consistent with requirements of the Site Specific Environmental Protection Plan.
• No compliance issues noted.

• Enbridge representatives demonstrated familiarity with the requirements of the various Plans and the monitoring data being gathered during the active work. 

• Chief and Council members from Swan Lake First Nation (SLFN) attended the inspection. The Inspection Team learned that Enbridge and SLFN are currently conducting weekly technical meetings to discuss the active remediation work. SLFN continues to have questions and active involvement in community oversight of the remediation process at the Site. As the phased approach to remediation continues to be developed at MP708.35, there will be ongoing discussion and sharing of information.
• A representative from the CER’s Indigenous Relations and Reconciliation business unit attended the inspection and was available to provide information about CER initiatives and programs related to Reconciliation to Council members.

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: