Compliance Verification Activity Report: CV2021-249 - TransCanada Keystone Pipeline GP Ltd.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2864

Regulated company: TransCanada Keystone Pipeline GP Ltd.

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2021-488

Rationale and scope:

Environmental inspection of construction of Keystone XL Project, Alberta segment, Oyen, Monitor and Lakesend 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:

• Corrected Non-compliance (CNC) (4)

Facility details

Facilities:

• Keystone XL Pipeline

Facility Types

• Pipeline
• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• National Energy Board Pipeline Damage Prevention Regulations – Obligations for Pipeline Companies
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan For The Proposed Keystone XL Pipeline Project. April 2020.

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2020-08-11 15:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Soil Handling
• Biosecurity
• Wildlife
• Access Control/Lines of Sight
• Disturbance
• Species of Concern
• Groundwater
• Use/Overuse
• Housekeeping
• Waste Management
• Socio-economic
• Traditional Land and Resource Use
• Heritage Resources
• Vegetation
• Access Control
• Training and Documentation
• Documentation Available/Up to Date
• Inspections
• Water Bodies - Non-Fish-bearing
• Temporary Access Structures

Facility:

• Keystone XL Pipeline (Pipeline)

Observations:

CER Inspection Officers (IOs), in cooperation with CER contracted Indigenous Monitors (IMs) inspected ongoing construction activities across the KXL project, observing environmental and cultural features and mitigation across three active construction spreads; Oyen, Monitor and Lakesend. The following observations were made over the course of the four day in-field inspection:
 
Right-of-Way Observations


Stripping and Grading

• Topsoil and spoils observed appropriately segregated. Topsoil stripping depths spot checked with no issues noted. TC Energy representatives indicated soils specialists from Paragon have been retained and are on site with crews during topsoil stripping to ensure appropriate topsoil conservation is maintained. 
• Topsoil piles observed to be appropriately tackified to inhibit wind erosion.
• Topsoil and spoil piles staked appropriately.
• Spot checked wetlands across the inspected spreads of project Right-of-way (ROW) had appropriate erosion and sediment controls (ESC)  in place at ramped access crossings. TC Energy representatives indicated that ESC measures are field fit to conditions, and time of year, and thus can be amended moving forward. Additional considerations included maintenance required for installed mitigations. For example, instead of installing silt fence everywhere all the time, and repairing repetitive wind damage, silt fence can be added around soil piles adjacent to wetlands before spring breakup ahead of when most melt and rain is expected.
• ROW has been appropriately narrowed through inspected wetlands to limit disturbance.
• Soil stored on sod layer in multiple locations. IOs discussed requirements and commitments with TC Energy representatives who confirmed that soil is to be removed from sod layer ahead of growing season in Rare Ecological Community (REC) locations.
• Base Keystone ROW and Keystone XL ROW appropriately staked. No instances of off RoW trespass observed.
• Signage generally noted to be adequate. IOs observed several instances of missing no refuelling signage near wetlands. TC Energy representatives indicated that in accordance with construction timing some "no refuelling within 100m of wetland" signs are to be added upon completion of grading activities. No issues noted at this time.
• A power dozer was observed (inactive) on the ROW following a shut down for high winds. A frayed tow cable was noticed by the Inspection Team, and was rectified prior to the equipment resuming activity. TC Energy representatives confirmed that this deficiency had been pre-identified by the equipment operator and was being monitored ahead of its identification by the Inspection Team.

• The majority of wetlands traversed by the sections of the project RoW visited were dry during the time of this inspection.
• ESC measures observed to be appropriately installed at wetland crossings inspected.
• Where wildlife and critical habitat have been identified, exclusion fencing has been appropriately installed in conjunction with the ESC fence.
• RoW observed to be appropriately narrowed through wetlands in accordance with EPP measures.
• Wetland soils observed as staked and segregated separetely from other top-soil and spoils.
• Wooden access matting has been used over geotextile fabric to limit compaction in wetland features as needed to minimize impacts.
• The Inspection Team visited the crossing sites for Monitor Creek and Loyalist Creek on the Lakesend spread during this inspection. Although no active work at watercourse crossings was observed during this inspection IOs note staking and flagging has been appropriately installed, with 10m buffers clearly delineated from watercourse features.
• Although housekeeping across areas of the RoW visited was generally appropriate, a cigarette butt was observed on the RoW adjacent to wetland 1340 - Refer to CNC #4.

• Raptor species have been identified at several locations traversed by the project RoW, with the recommended buffers in place to refrain from disturbance during the nesting period. The migratory birds nesting period is scheduled to end on August 16, and the Company EI stated that monitoring had revealed most of the young have already fledged their nests.
• A Canadian Toad breeding wetland has been identified near KP 16+800 (WL-890). TC Energy representatives indicated that the area is monitored by wildlife specialists (Biologists) before and during planned work activities. During inspection of this area the Inspection Team noted exclusion fencing has been erected to restrict toads from migrating onto the ROW and temporary workspaces (TWS).
• Wildlife windrows are appropriately placed along the ROW to allow migration of ungulates and other terrestrial wildlife.

• Traditional sites and/or heritage/cultural sites have been identified on and off ROW. Multiple sites have been identified within a single plot of land and were visited by the Inspection Team, where TC Energy Indigenous Engagement staff offered a presentation describing the involvement and inclusion of First Nations communities in protecting cultural resources on the KXL project.
• All sites observed have been appropriately staked and flagged, with signage (i.e. Sensitive Feature – Do Not Enter) in place to restrict access within the roped off area.
• ROW is narrowed at several TLU locations to avoid disturbance to sites.

• A level 1 cleaning station was inspected in Monitor Spread (KP 53+800). Level 1 cleans are done by hand and mechanical means to remove clumps of mud and dirt as a precaution to mitigate the spreading of weeds.
• Removed soils are to be buried at least one meter deep in clay at the cleaning station location, if approved by landowner, or otherwise are to removed for appropriate disposal by hydrovac truck.

• There is a primary wash bay located at the construction yard. Upon arrival to the Project equipment and vehicles receive a level 3 wash (e.g. pressure wash and cleaning with approved sanitizer bleach solution), if not previously washed by the contractor before arrival.
• Wooden mats are installed on the ground surface, with a containment tub on top of the mats to capture water from washing practices.
• The pressure washing generator and related equipment is stored inside a sea-can located next to the wash bay. No issues noted.
• All soils removed from incoming equipment are preliminarily stored on site in a designated bin prior to removal from site for appropriate disposal.

• TC Energy representatives indicated tanks are double walled. IOs confirmed with manufacturer placards on tanks.
• Nozzles have appropriate containment receptacles, with drip trays underneath as extra measure. Housekeeping issues at several pumps observed with drips of gasoline and diesel outside of secondary containment and on gravel  – Refer to Corrected Non-Compliace (CNC) #1.
• There is a designated, grated area on the ground where vehicles must re-fuel. Signage is in place for crews to follow fueling procedures.
• Spill kits are present and available at this site.

• Waste bins have been labelled according to contents. Aerosol spray can observed in domestic waste bin – Refer to CNC #2.
• Contractor environment staff explained that conversations have previously taken place regarding segregation of waste. One contractor employee has been personally tasked with segregating the materials, though this is a responsibility shared by everyone.

• The building is a steel walled weatherproof structure with rig mats used as a floor and foundation.
• The building was found to be generally tidy and well organized. 
• Two 1200L containers of lube oil were observed without secondary containment - Refer to CNC #3.

Compliance tool used: No compliance tool used

Observation 2 - CNC 1 - Hydrocarbon staining at Oyen Yard

Date & time of visit: 2020-08-14 09:30

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Chemical Spills/Releases

Facility:

Observations:

Inspection Officers observed areas of hydrocarbon staining in and around the refueling station and mechanics shop at the Oyen Yard. Specifically:

1. Drip catcher drain valve sweating on Gasoline Pump #8
2. Drip catcher stained and staining on gravel beneath Diesel Pump #3
3. Staining on outside edge of secondary containment at Dyed Diesel Pump #9
4. Staining and minor spill of waste oil on gravel adjacent to waste oil receptacle outside of mechanic shop

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan For The Proposed Keystone XL Pipeline Project. April 2020.

Relevant section(s):

• 7.0 PROJECT-SPECIFIC ENVIRONMENTAL PROTECTION MEASURES Release Prevention and Containment 75. The Contractor will ensure equipment is monitored regularly and free of fluid leaks

Company action required:

TC Energy must implement corrective actions to demonstrate compliance to the issues surrounding appropriate containment and cleanup of hydrocarbons. TC Energy will provide photographic evidence of completed corrective actions.

Due date: 2020-08-14

Date closed: 2020-08-25
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 - Waste inappropriately segregated at Oyen Yard

Date & time of visit: 2020-08-14 08:50

Discipline: Environmental Protection

Categories:

• Housekeeping
• Waste Management

Facility:

Observations:

Inspection Officers observed aerosol spray paint cans inappropriately disposed of in the domestic waste bin.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan For The Proposed Keystone XL Pipeline Project. April 2020.

Relevant section(s):

• 1.0 CHEMICAL AND WASTE MANAGEMENT PLAN Waste Disposal 3. Receptacles for industrial wastes generated during construction will be provided in order to keep them segregated from non-hazardous waste. Used oil and oil filters will be placed in sealed containers and delivered for disposal by a qualified service contractor.

Company action required:

Inappropriate waste materials must be segregrated according to labels on the bins. The aersol cans must be removed and placed in the correct bin. 

Due date: 2020-08-14

Date closed: 2020-08-25
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 - CNC 3 - Missing Secondary Containment in Oyen Yard Mechanics Shop

Date & time of visit: 2020-08-14 09:15

Discipline: Environmental Protection

Categories:

• Housekeeping
• Temporary Structures

Facility:

Observations:

Inspection Officers observed two 1200L lube oil containers stored outside of secondary containment within the mechanics shop in the Oyen Yard.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan For The Proposed Keystone XL Pipeline Project. April 2020.

Relevant section(s):

• 1.0 CHEMICAL AND WASTE MANAGEMENT PLAN. 7. Secondary containment may be required depending on the location, type, volume and duration of the waste or chemical being stored. Secondary containment will be in accordance with applicable federal, provincial and municipal requirements. Secondary containment is not required for temporary chemical storage if: • The storage location is more than 100 m from a sensitive environmental area or feature (e.g., watercourse, wetland, rare plants, etc.); • The maximum volume being stored does not exceed 55 gallons (one drum); and • The container can be resealed

Company action required:

TC Energy must place the lube oil containers within appropriate secondary containment.

Due date: 2020-08-14

Date closed: 2020-08-25
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 - CNC 4 - Cigarette Butt on ROW

Date & time of visit: 2020-08-11 16:00

Discipline: Environmental Protection

Categories:

• Housekeeping
• Waste Management

Facility:

Observations:

A single cigarette butt was discovered on the Right-of-way adjacent to the wetland 1340 crossing.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Environmental Protection Plan For The Proposed Keystone XL Pipeline Project. April 2020.

Relevant section(s):

• 8.0 PROJECT CONSTRUCTION General Environmental Protection Measures - Fire Prevention 61. Ensure that personnel are made aware of the proper disposal methods for welding rods, cigarette butts and other hot or burning material.

Company action required:

TC Energy will remove the observed cigarette butt for appropriate disposal.

Due date: 2020-08-11

Date closed: 2020-08-11
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 6 - Thunderchild First Nation - Indigenous Monitor Observation

Date & time of visit: 2020-08-14 09:00

Discipline: Environmental Protection

Categories:

• Socio-economic
• Traditional Land and Resource Use

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.

Community involvement
Acknowledgement that this inspection took place on Treaty 6 and Metis Nation 3 lands. These 5 communities were involved on this segment of pipeline Ermineskin Cree Nation, Louis Bull Tribe, Montana First Nation, Samson Cree Nation, and Siksika (blackfoot). Each nation had provided their own Indigenous monitors to conduct Traditional Land Use surveys and mark out discovered sites. All Traditional knowledge sites were generalized and grouped together by either a red no disturbance zone or green possible disturbance zone, a system to keep the sites private within the nations. They were given time to study, harvest and perform ceremonies on sites where they felt needed. The contractor had a fencing crew come after the IM’s to fence off these sites and then were reviewed again by the monitors and were able to requested expansion of the area if they felt needed. During the inspection we got to see the involvement of the nations and were able to have a conversation with the IM’s from the different nations about their experience and overall had positive feedback. It was great to see the nations excited to be working together and given the opportunity to learn from each other. Trans Canada and Michels seemed to be very accommodating of the difference nations wishes, it was great to see how well everyone was working together. The relationships between the companies, nations and the lands seemed strong and respectful, they are off to great start on this project.  
Comments
Having the opportunity to be involved in the inspection with CER has been a great learning exercise. In this segment of the pipeline there was a lot of identified TK sites. Seeing how well the companies integrated the requests from the nations was really great to see. Knowing they are leaving time to for the nations and their workers to not only have ceremonies for sites that were disturbed by the ROW, but to have the companies invited to take part shows a level of respect throughout the workplace. I am excited to see this progress and I hope it continues throughout the project. 
 

Compliance tool used: No compliance tool used

Observation 7 - Metis Nation of Alberta (R3) - Indigenous Monitor Observation

Date & time of visit: 2020-08-14 09:00

Discipline: Environmental Protection

Categories:

• Socio-economic
• Traditional Land and Resource Use

Facility:

• Keystone XL Pipeline (Pipeline)

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 TK419, it was fenced (rope) off to protect them from being disturbed and numbered (catalogued) for future reference. Also discussed archeological red and green sites. Indigenous heritage sites TK224, 227, and 228 discussed the significance of the heritage site, fenced (rope) off to protect them from being disturbed and numbered (catalogued) for future reference. Inspected heritage sites TK 248, 249 and 251, fenced (rope) off to protect them from being disturbed and numbered (catalogued) for future reference. Inspected and discussed the base of a buffalo rubbing stone, and how it was moved off the ROW and fenced as requested by 5 nations.

Vegetation
Viewed wildflower called Blazing Star used for indigenous medicine.

Wildlife
Inspected perimeter fencing on a 4-wire fence, making sure the bottom was smooth allowing wildlife to pass under without getting injured. The bottom strand was 19 inches off the ground. The upper 3 wires were barbed. Viewed Swainson Hawk nest and discussed the buffer zone (500/1000 metre). Inspected Canadian Toad breeding area at ID 867, fencing and signage in place.

Soils
Inspected workspace and viewed how topsoil is stored on top of pipeline. Inspected grading at R28 and topsoil piles sprayed with tacifier to prevent wind erosion.


Wetlands
Inspected wetlands along ROW. Inspected wetland ID 139. Viewed matting at wetland KP58TR00. Wetlands along the ROW all exclusion fencing was in place and functioning as intended. Wind had blown an exclusion fence off one stake and it was repaired immediately. Matting was installed properly in wetland areas and functioning as intended.

Other Observations
Viewed water supply pond and inspected water licence at SW34-26-4W4. Checked that the water suction hose had a screen on the end. Inspected equipment cleaning tag. Inspected area for underground rail line crossing, hydrovac area to ensure that topsoil is removed by
hand before proceeding. Inspected wash station at KP58TR00 viewing level one cleaning. Level two cleaning will take place when equipment moves out of the area.

Summary
It was a very intriguing experience it be part of the field inspection group and working along with the CER, Michel’s, KXL, and the IMs. I gained a lot of knowledge at every inspection and every stop along the ROW. At the morning meetings we would discuss the previous days highlights. Any questions that were asked some one would have a answer. The mitigative measures the prime contractor and the proponent put in place
are working as intended and the companies are following the EPP. The indigenous coordinators were knowledgeable about the Red and Green area heritage sites and the buffalo rubbing stone. There were no TC Energy IMs available due to Covid19 isolation. It would have been interesting to hear their stories in person about the history of the area and the heritage sites as very impressed how the Proponent
and the Prime Contractor went to great lengths to protect the wet lands, the soils, wildlife, and heritage sites. All areas were clean, the equipment was in impeccable shape. I was impressed how the Proponent and the Prime Contractor went to great lengths to protect the wetlands, soils, wildlife, and heritage sites. Covid19 safety and Personnel safety were Number One.
 

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: