Compliance Verification Activity Report: CV1920-484 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1920-484
Start date: 2020-01-14
End date: 2020-01-17

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Inspection of ongoing construction TMX Spread 2. The scope of the inspection included contaminated sites, biosecurity, soil handling, waste management, erosion and sediment control, as well as wetland and watercourse crossings mitigation, traditional land & resource use and heritage resource sites mitigation.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - General Right of Way (RoW) Observations

Date & time of visit: 2020-01-16 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

The Trans Mountain Expansion Project (TMEP) Right of Way of Spread 2 was inspected by the Inspection Team. Observations are summarized below:

Compliance tool used: No compliance tool used

Observation 2 - CNC #1 Fuel nozzle drip mitigation

Date & time of visit: 2020-01-16 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

The CER Inspector observed fuel nozzles from a diesel slip tank in the back of a service truck on the RoW which were not placed into their drip-catchers.
 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Trans Mountain will ensure that the fuel nozzles are stored in drip-catching receptacles and provide confirmation and photographic evidence of the solution to the CER Inspection Officer.
 


 

Due date: 2020-01-17

Date closed: 2020-01-20
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 - Documentation Review

Date & time of visit: 2020-01-08 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the first 1.5 days of the Inspection, construction activity was shut down along the Spread 2 Right of Way (RoW) due to extreme cold. During this time, the Inspection Team opportunistically assessed compliance to various elements of the EPP and Conditions of the Trans Mountain Expansion Project (TMEP) since the inspection was unable to proceed outdoors. Subjects covered included:
 
Groundwater Monitoring Program
IOs inquired on the status of this Program. TMPU organized a conference call with a Technical Specialist from off-site, who provided a summary of the ongoing Program and answered all questions asked. No issues noted.
 
Stakeholder Notifications
The Inspection Team viewed various notification documents and mailing lists provided by TMEP, demonstrating that the company had notified a number of stakeholder groups of the work commencing with the required amount of notice (number of days before start of work). In general, notifications were in the form of printouts in local newspapers and newsletters disseminated to residents, recreational users, Indigenous communities, Alberta Health, local MLAs and MPs, Fire chiefs, etc. in September 2019. No issues noted.
 
Cultural Awareness Training for contractors
The Inspection Team reviewed the Level 1 orientation training provided by the Prime Contractor for workers on Spread 2. This was viewed in order to assess the sharing of culturally sensitive information and awareness of workers. Between the presentation and other Prime Contractor documents, workers have been made aware of hunting and fishing restrictions, the traditional land on which they work, the names of Indigenous communities along the Spread, the existence and importance of traditional land use (TLU) sites along the Spread, and chance find procedures. A brief summary of commonly found archeological artefacts was also shared.
TMEP staff reiterated the importance of ongoing discussion and awareness of cultural sensitivities as a key feature, which the company indicated is regularly shared during tailgate meetings.
 
DFO Permits
The Inspection Team inquired for an update on the status of DFO permits on Spread 2. TMPU organized a phone call with a Technical specialist from off-site to provide an update. No water crossing construction has yet begin. The Critical Habitat risk map was discussed, as well as the Athabasca rainbow specifically. No concerns noted.
 
Environmental Deficiencies Identification and Tracking Software for TMEP: The Inspection Team viewed TMPUs internal tracking software in which daily IE and IM reports are recorded and assessed by a supervisor. Examples of EI daily reports and issue-identification (deficiency tracking) were viewed. Deficiencies observed by EIs, e.g., a lack of secondary containment or mis-mulched tree stumps are flagged and tracked (corrective actions and due date). IOs noted that this system facilitates proactive compliance of TMEP to their EPP, and documentation of staff’s efforts to address problems which IOs may also identify in the field.
 
Coarse Woody Debris (CWD)
The management and spreading of CWD was discussed with TMPU staff. TMPU staff demonstrated a thorough level of understanding and awareness, and was consistent with the commitments outlined in the EPP. This work has not yet been implemented in the field as no watercourse construction has yet begun or been reclaimed. No concerns noted.
 
Authorizations for work
The Team inquired into the KPs at which all work was being conducted along the Spread. The Team reviewed TMEPs list of locations with ongoing work in comparison to the locations at which work is not authorized to begin. No issues noted. It was also observed that authorized work areas were displayed visually on sizeable Spread 2 wide map posted in the meeting trailer for all workers’ awareness.
 

Compliance tool used: No compliance tool used

Observation 4 - Watercourse Crossings and Wetlands

Date & time of visit: 2020-01-17 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Numerous wetlands were observed along the RoW. Appropriate buffers, signage and erosion control were in place in all instances observed. The Inspection Team observed that TMEP opportunistically narrowed the RoW in a newly-discovered wetland area (KP281.7) to preserve as many riparian trees as feasible.

Little Brule Creek, Carrot Creek and Bench Creek crossings were all inspected. Silt fencing and erosion control measures were present where needed and surveying and flagging were observed to be in place. Active work had not yet begun in any watercourse crossings at the time of the inspection.

 

Compliance tool used: No compliance tool used

Observation 5 - IAMC Indigenous Monitors Observations Alexander First Nation

Date & time of visit: 2020-01-08 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Additional Observation recorded by IAMC Indigenous Monitors participating in the CER Inspection as part of the Inspection Team. 
Any compliance related observations that require specific regulatory follow-up have been recorded above.

Compliance tool used: No compliance tool used

Observation 6 - IAMC Indigenous Monitors Observations Ermineskin First Nation

Date & time of visit: 2020-01-08 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Additional Observation recorded by IAMC Indigenous Monitors participating in the CER Inspection as part of the Inspection Team. 
Any compliance related observations that require specific regulatory follow-up have been recorded above.


TMX-IMAC Environmental Inspection Report
 
Spread 2   Edson, Alberta
January 14-18, 2020
 
Edson Environmental Inspection:
Observation focus: Construction and worksites.
Scope of inspection: stated to be environmental inspection.
 
 
Jan.14, 2020
 
Initial meeting (restaurant):
 
CER Inspection Officers (IOs) 2 and 2 IAMC Indigenous monitors (IM) 1 and myself.
 

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