Compliance Verification Activity Report: CV2122-294 - Enbridge Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2776

Regulated company: Enbridge Pipelines Inc.

Operating company: Enbridge Pipelines Inc.

Province(s) / Territory(s):

• Manitoba

Discipline(s):

• Environmental Protection
• Indigenous Monitoring

Related events:

• CV2223-036
• CV2223-037
• CV2223-038

Rationale and scope:

Inspection of the Enbridge Line 3 decommissioning activities related to Segment 4 in Manitoba (KP 980.344 Ex-Cromer to 1242.403 Gretna Terminal).

Compliance tool(s) used:

• Information Request (IR) (3)

Facility details

Facilities:

• Line 3
• WEST SOURIS
• GLENBORO

Facility Types

• Pipeline
• Pipeline
• Pump station

Life-cycle Phases

• Decommissioning & Abandonment
• Operations

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)
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Decommissioning Environmental Protection Plan for the Enbridge Pipelines Inc. Line 3 Replacement Program

Regulatory instrument number(s):

• MO-008-2016

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2021-09-02 16:00

Discipline: Environmental Protection

Categories:

• Surface Water Management
• Containment and Drainage Structures

Facility:

• Line 3 (Pipeline)

Observations:

.Overall Observations

• All decommissioning sites visited were matted to minimize disturbance. Rig mats were underlaid by a thick geotech material called ‘caepla carpet’. Biosecurity signage was observed at all active site entrances. Workers were required to bleach footwear before entering site locations.A sample of equipment on the sites had appropriate documentation demonstrating they had Level 3 cleaning prior to arriving on site. Sites clean, and where small litter or construction debris was observed, Company representatives proactively and quickly cleaned it up. Crews picking up waste were observed at one location.
• Boundaries of sites were well marked, and most sites the work was taking place with a large buffer between area of disturbance and Project boundaries.
• Toilet facilities were readily available at all active worksites.

• Observed the completed site from the road allowance. Unable to access without landowner permission since the work was completed, reclaimed and the site was returned back to the landowner in mid-August.
• Site was left fallow at the request of the landowner. No weeds or obvious issues observed from the road allowance.
• Site identified on the photomosaic maps as a traditional land use (TLU) site for harvesting by Métis peoples. Discussed notification requirements for Indigenous peoples since the site is identified as a plant harvesting site. Enbridge provided a copy of the decommissioning notification sent to selected Indigenous communities 2-weeks prior to the start of the program. 

• TLU and biosecurity signage up, bleach station present at start of access.
• Class III wetland was identified as being within close proximity to the Project boundaries but not within them. Company provided documentation demonstrating appropriate nest sweeps were completed prior to commencement of activities. 
• Soils were segregated and sediment fencing was up between them. Enbridge's Field Environment Coordinator (EC) said the geotech fencing was up at this location because soils were more erodible than other sites and it ensured proper segregation.
• Within one of the porta-potties at the start of the access road, Officer observed a 20L blue water jug filled with a blue solution and was not labelled and only had a reused water-jug lid on top, which in the Officer's experience, does not provide a reliable seal in the event the jug tips over. All porta-potties observed on the Project were located within temporary secondary containment created with skids and poly sheeting. Company representatives explained the supplier transports the liquid in those jugs and likely forgot it. Company provided the MSDS for the liquid (One Shot XS) and confirmed that the solution is diluted at a 40:1 ratio. Company representatives demonstrated the jug was removed by the end of day by way of photo. See IR No. 1.

• Observed site MB-IS-3044 within the West Souris Station, in the NW section of the station close to the west boundary.
• Active dewatering was ongoing at the time of inspection. Water being pumped to the containment pond in the SE corner of the station.
• Pipe had caps welded on, sediment fencing was present along west boundary of station to prevent sediment migration offsite.
• Environmental Inspector (EI) for this site stated they had observed discoloration of the soil, but not odor, and chose to send a soil sample in for analysis. The results came back below applicable criteria. 
• No concerns or non-compliances noted. 

• Walked around the facility and observed the outdoor section of the facility. No indoor facilities were inspected.
• Station observed to be in good repair. No housekeeping issues were observed. 
• Monitoring wells were observed around the station. One monitoring well was observed to not have a lock on it; Company rep said he would notify the Enbridge Environment team who are responsible for those wells. Another monitoring well, identified as ‘12BH06' and located south of the main gate, appeared to have been knocked over and was observed to be leaning at a an angle of ~30-45 degrees up from the ground.  Enbridge’s Environment team stated that well is inactive and not part of the facility monitoring program, however they were unaware that it had been knocked over. They stated their contractor attended the site regarding the well and the plan is to decommission the well according to Enbridge’s ENV-03 Standard procedure the next time a drilling rig is on site, which they anticipate will take at least a year, depending what other drilling work is required for the program. In the meantime, Enbridge will be abandoning the well in place (via filling with bentonite) by the end of September 2021.
• Officer considers planned actions regarding well 12BH06 appropriate and has no additional concerns. 

• Each side of the railway crossing is assigned its own number. Although there was an access road to this area, it was wet at the time of access so the Company matted the ~400m long access to the site.
• Site 7019-2 was observed to be clean, excavation was fenced and soil piles were segregated and within the boundaries of the disturbance. No concerns noted. 
• Localized area of potential contamination was identified. See IR No. 2.

• Site located on organic land with signage indicating such present at entrance. Site representative stated on organic lands the vehicles are cleaned and bleached before arriving and re-bleached on the access road, just outside of the organic lands. No refueling or no washrooms are permitted on the property. Washroom facilities for this site were observed to be located just outside of the property fenceline, within Enbridge’s access from the road.
• Observed excavation activities and installation of a trench box at the time of inspection. Three soil piles were observed: top soil, transition layer, and subsoil. Workers were observed actively picking up construction debris. Site clean and no concerns noted. 

• Arrived at valve site and observed the actuator planned to be removed from outside the fence line.
• Work not yet completed. Enbridge explained the process of removing the actuators.
• Site clean, no staining or areas of concern observed.
• Officer verified that the phone number on emergency signage was correct and active.
• Officer identified 2 road signs located on the ground adjacent to the fence of the valve site. Enbridge assumes the landowner removed them so they could mow their grass easier. By the end of day, Enbridge demonstrated (via photo) that the signs were affixed to the fence of the valve site, within view from the road. 

• Observed the 2nd day of access installation.
• Upon arrival, one vehicle was observed idling but was turned off when the Officer questioned the worker.
• Talked with the operator of the loader and his foreman regarding steps in the event of a spill. Operator and Foreman explained the correct steps to implement, but neither were unable to name the plan (EPP Sec. 5.3, Point 29 requires operators and foreman to be aware of the Fuels and Hazardous Materials Spill Contingency Plan). Enbridge provided a copy of the Level 1 training provided to all staff, which included a slide on Environmental Incidents and Spills. See IR No. 3. 

• Actively completing segmentation of MG-SG-3051-1 at the time of inspection, with segmented portions of the pipe being lifted out upon arrival of the inspection team.
• Enbridge stated that soil discoloration indicating potential contamination was observed around the area of the valve on August 27 and soil samples were collected and sent for analysis. EI for the site explained that a ditch plug was maintained to keep trench water separate and a slight sheen was observed on the contaminated side of the plug. Water from the contaminated side of the ditch was pumped into a container until test results return. Two lined waste bins present on site to collect contaminated soils. A temporary berm was set up under one of the bins to collect the water seeping out of it.
• Discussed requirements for secondary containment requirements of potentially contaminated valve parts removed. EI explained that they had washed out the segments with a mop and cleaning solution and capped the segments with poly liner. Further explained that crews will be removing the remaining soil on the outside of the segments before it’s taken to a landfill, and any debris will go into the contaminated soil bins.
• While on site, Enbridge stated it will await analytical results from soil before determining next steps for delineation. The following day, Enbridge provided a copy of the analytical results which had a number of exceedances of applicable guidelines.
• Observed the dewatering activities from the clean side of the trench. Water is being pumped into a ditch within the fence line of the facility. Filter bag observed to have a hole in it, EI was aware of it and stated he is monitoring it. They have a new bag immediately next to it ready to change if required. Enbridge provided the analytical results for the water that was tested prior to pumping which demonstrated the water was within applicable guidelines.
• Observed MG-SG-3051-3 within the NE area of the site, where segmentation had been completed and pipe capped, but not yet backfilled. Site clean and fenced.

• Observed outside portion of station, primarily the north quadrant. Overall clean and maintained good housekeeping practices. NE corner had an area where extra parts and materials were stored. No areas of environmental concern observed.
• On the north side of the Line 3 pump station, 8 valves were observed with 3 of them having what appear to be fresher oily material on the underside and some soil staining in the 6-12 inches around the valves. By the end of the day, Enbridge provided photos of the cleaned valves that showed the impacted gravel surrounding the valves was been removed.
• Observed a secondary containment container under the Line 4 receiving trap. The container was filled with water and had what appeared to be an oil substance floating on top. Enbridge had a worker come with absorbent pads and remove the oily material. They further stated the hydrovac truck on site would come and remove the water from the container.
• While in vehicle preparing to depart from the site, Officer observed 2 workers driving through site in a pick-up truck, sitting in the 2 front seats, without masks. Discussed COVID requirements with Enbridge contact who confirmed with safety supervisor on site that masks are required when more than one person is in a vehicle. Safety supervisor proceeded to find the individuals and remind them of the requirement. Workers will be reminded of those requirements at the next day’s ‘toolbox talk’.  

• Observed site, excavation complete and hydrovac truck on site waiting to be pumped out so they can continue.
• Site observed to be located near but within Project boundaries.
• Operator had spill kit readily available in their equipment and site inspector said no contamination has been found to date.
• Upon arrival, 2 workers were observed waiting in the hydrovac truck – one masked and one not. Before Officer could mention it to the Company representative he had already gone and spoken with the workers and reminded them of the requirements.

Compliance tool used: No compliance tool used

Observation 2 - IR No. 1 - Labelling of Hazardous Materials

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Chemical Spills/Releases

Facility:

• Line 3 (Pipeline)

Observations:

The MSDS for One Shot XS indicates that the solution is hazardous to human health and fish and warns users to prevent contact with skin and flush immediately if contact occurs. The solution, although diluted at a 40:1 ratio, was observed in an unlabeled container and the lid was not secure.

The Decommissioning EPP does not outline requirements for labelling hazardous materials, however Section 47 of the OPR requires "A company shall develop, implement and maintain a safety management program that anticipates, prevents, manages and mitigates potentially dangerous conditions and exposure to those conditions during all activities relating to construction, operation, maintenance, abandonment and emergency situations."

In reviewing the Project's documentation and requirements, the Officer was unable to locate the Construction Safety Manual (or equivalent) for the Decommissioning Activities. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR)

Relevant section(s):

• • 31.
    • (1) A company shall develop a maintenance safety manual and shall submit it to the Board when required to do so.
  • 47. A company shall develop, implement and maintain a safety management program that anticipates, prevents, manages and mitigates potentially dangerous conditions and exposure to those conditions during all activities relating to construction, operation, maintenance, abandonment and emergency situations.

Company action required:

1. Explain which Construction Safety Manual (or equivalent) Enbridge is applying to the Decommissioning activities for the Project, and confirm whether or not the applicable manual outlines requirements for hazardous materials handling and labelling. 
2. Confirm how Enbridge has communicated the requirements to the applicable subcontractor to prevent reoccurence. 

Due date: 2021-10-01

Date closed: 2021-09-30
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 - IR No. 2 - Soil Sampling Results from MB-RF-7019-1

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Chemical Spills/Releases

Facility:

• Line 3 (Pipeline)

Observations:

When crossing the track to 7019-1 site the Officer and IAMC Indigenous monitor smelled a strong VOC odor that appeared to be associated with one rig mat that had an area of staining. Company rep stated they smelled manure/wet wood but checked it with their 4-head gas monitor and did not get a hit. Enbridge confirmed that when the mats are removed they will collect a soil sample from below the rig mat of concern to confirm contaminants have not entered the soil. Enbridge stated it will conduct confirmatory sampling under the potentially contaminated rig mat after its removal. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Decommissioning Environmental Protection Plan for the Enbridge Pipelines Inc. Line 3 Replacement Program

Relevant section(s):

• 15. Ensure qualified personnel collect (or arrange to have collected) samples and locations of each soil sample and stockpile suspected of contamination.

Company action required:

Provide the sampling results upon receipt, and if exceedances are identified explain what Enbridge has or will do to address any exceedances.
 

Due date: 2021-10-15

Date closed: 2021-09-30
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 No. 3 - Environmental Training

Discipline: Environmental Protection

Categories:

• Training and Documentation
• Training

Facility:

• Line 3 (Pipeline)

Observations:

Section 5.3 of the EPP states "Ensure construction foremen have the requirements associated with spill containment and clean-up of equipment leak. Ensure Contractor equipment operators and foremen are aware of the Fuels and Hazardous Materials Spill Contingency Plan [FHMSCP] (Appendix D4)." One Operator the Officer spoke with, and their Foreman, explained the correct steps to implement, but neither were able to name or even generally refer to the FHMSCP. 

Enbridge provided the training slide deck that is used for the Level 1 training which the Operator and all other workers are required to take. The applicable slide for Environmental incidents and Spills outlines the requirements for reporting environmental incidents and spot spills, but does not include any information on what actions they should take in the event of spills (ex: steps outlined in the FHMSCP). Given the first step in the FHMSCP states "the first person on the scene will follow the actions presented", it is unclear how the training provided will ensure that all workers on site are aware of the steps to take in the event of a spill when no details on those steps are provided in the training. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• Decommissioning Environmental Protection Plan for the Enbridge Pipelines Inc. Line 3 Replacement Program

Relevant section(s):

• Section 5.3, point 29: Ensure construction foremen have the requirements associated with spill containment and clean-up of equipment leak. Ensure Contractor equipment operators and foremen are aware of the Fuels and Hazardous Materials Spill Contingency Plan (Appendix D4).

Company action required:

1. Explain how Enbridge's Level 1 training adequately prepares all workers to implement the steps outlined in the FHMSCP; or
2. Explain what updates have been made to the Level 1 training. 

Due date: 2021-10-01

Date closed: 2021-09-30
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

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to: