Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Trans Mountain Pipeline ULC
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
This inspection of the Burnaby and Westridge Terminals focused on environmental protection. The scope of the inspection includes works relating to the following: - Westridge Marine Terminal (OC-065, MO-042-2019). - Burnaby Terminal (OC-065, AO-002-XO-T260-010-2019). - Burnaby Terminal Facility Piping Relocations (XO-T260-003-2017). - Decommissioning of Facility Piping at Burnaby Terminal (MO-066-2018).
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Burnaby Terminal - General Observations
Date & time of visit: 2019-10-15 12:30
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Compliance tool used: No compliance tool used
Observation 2 - Burnaby Terminal – Upper Road & Northwest Corner of the Terminal
Date & time of visit: 2019-10-15 12:58
Observation 3 - Burnaby Terminal – South Side Terminal
Date & time of visit: 2019-10-15 13:13
Observation 4 - Burnaby Terminal – Tertiary Containment Area (TCA)
Date & time of visit: 2019-10-16 08:26
Observation 5 - Westridge Marine Terminal - General Observations
Date & time of visit: 2019-10-16 11:37
Observation 6 - Westridge Marine Terminal - Watercourse Diversion Work
Date & time of visit: 2019-10-16 12:16
Observation 7 - Westridge Marine Terminal - Erosion Event
Date & time of visit: 2019-10-16 14:26
At the northern-most concrete swales, IOs and Company Reps discussed a recent environmental event on site that occurred within the weeks leading up to the inspection whereby a rain event caused a slope south of Tanks 201 and 202 to erode. Sediment laden water was released and made its way into the culvert and was discharged into the ocean. IOs observed turbidity curtains in the ocean surrounding the culvert outflow at the time of the inspection. Company stated it implemented additional mitigation when discovered and completed turbidity sampling inside and outside the turbidity curtain. Company stated that turbidity outside the curtain did not go above allowable levels immediately following the event. IOs did not identify non-compliance with the Company’s response to this event.
Observation 8 - Westridge Marine Terminal - In-Water Works
Date & time of visit: 2019-10-16 15:54
Observation 9 - CNC # 1 – Fire Extinguishers
Date & time of visit: 2019-10-16 15:59
Discipline: Safety Management
Officers observed three fire extinguishers with minor maintenance issues during the inspection. At Burnaby Terminal, two fire extinguishers were observed to have an out-of-date monthly inspection tag. At Westridge Marine Terminal, a fire extinguisher was observed to require charging.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
For each of the non-compliance extinguishers, Trans Mountain staff had the items removed for maintenance immediately, and photographs were sent to IOs confirming compliance.
Due date: 2019-10-16
Date closed: 2019-10-30 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 10 - NNC # 1 – Spill Notification Contacts
Date & time of visit: 2019-10-16 08:27
IOs called the spill notification contact numbers for the Burnaby Terminal and found the posted phone number of the Environmental Manager to be out of service. The contact numbers were observed to be posted on signage on trailers and on laminated cards within spill kits. When the Company provided updated contact information cards to the Officers during the inspection, IOs found that the contact information for the Construction Manager was also out of service.During the inspection, Trans Mountain representatives discussed internal procedures, indicating that radio contact was the in-use and optimal internal communication method. Photographs were sent to inspectors indicating the posted phone number issue was corrected. In addition, an updated Burnaby Terminal Environmental Incident Response and Reporting Protocol document was sent to inspectors, indicating the immediate action within the reporting protocol to be “Call Safety/Environmental Radio Channel” in the event of an incident.
Compliance tool used: Notice of Non-compliance (NNC)
Provide:
Due date: 2020-01-17
Date closed: 2020-02-11 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.
Observation 11 - CNC # 2 – Waste Segregation on the Barge
Date & time of visit: 2019-10-16 15:55
On a barge at Westridge Marine Terminal, Officers observed incorrectly segregated wastes in metal waste bins on the deck. For example, garbage was observed in the waste bins labelled "cardboard" and "construction wood waste", and wood waste was in the bin labelled "construction debris".
Confirm with photographs that the waste has been correcetly segregated.
Observation 12 - IR # 1 – Wildlife Encounter Contingency Plan
Date & time of visit: 2019-10-16 12:17
During the inspection, IOs inquired regarding wildlife encounters with respect to the marine perimeter security fence (fence). Trans Mountain staff indicated that on the day of the inspection (October 16, 2019) a seagull had encountered the fence at the Westridge Terminal location. Officers and Trans Mountain representatives discussed the specific circumstances of the encounter, protocols and next steps by the company, as well as mitigation measures in place to prevent bird encounters with the perimeter security fence. At the closing meeting, Trans Mountain representatives confirmed that the bird was deceased, and that the Canadian Wildlife Service (CWS) would be notified.
Compliance tool used: Information Request (IR)
Provide a copy of all follow-up documentation specific to this incident, including but not limited to:
Due date: 2019-11-15
Date closed: 2019-12-06 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 13 - IR # 2 – Spot Spill at Westridge Marine Terminal
During the inspection, IOs observed a sheen that indicated a spot spill on rig matting, near the work area for a tree maintenance crew that included use of a chain saw. TransMountain representatives were observed to follow the Spill Contingency Plan in response to the issue. Immediate actions included the use of spill kit materials to clean up the spill.
Provide a copy of documentation created in response to this spill.
Date closed: 2019-12-03 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 14 - IR # 3 – Pilings in the Westridge Marine Terminal
During the inspection, Officers and Trans Mountain representatives discussed an area of wooden marine pilings (dock supports) suspected of historically containing creosote. Officers understand that planned future work this area will require these pilings be removed from the marine environment. Trans Mountain’s Condition 46: Contamination Identification and Assessment Plan approved for WMT (A82636-2) outlines that WMT had a Desktop Phase I ESA completed in 2013 on the site and WMT was classified as a moderate risk site. Although the Plan states that WMT was classified as moderate risk because of a historic spill, the historic dock was present at the time the Desktop Phase I ESAs were completed for the WMT. Further, the Condition 46 filing states in Section 6.2 that “Should impacts be identified on Trans Mountain properties or as a result of Trans Mountain activities, Trans Mountain will implement appropriate mitigation and remediation measures in accordance with the NEB Remediation Process Guide (2011).”The NEB Remediation Process Guide (2011) states that “a company may also encounter contamination that: a. is not liquid but may cause an adverse environmental effect; b. occurred because of a previous incident; or c. is an accumulation over time.” Further, the Guide states the “NEB expects notification of the contamination by writing to the Secretary of the Board as soon as practicable” and outlines requirements of the notification.
Date closed: 2020-02-02 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 15 - IR # 4 - Fire Suppressants Storage
Date & time of visit: 2019-10-15 12:59
During the inspection, IOs observed five 55 gallon containers outside of North Fire Building not located within secondary containment. Company Reps stated that the drums are operational and fire suppressants and not related to TMEP or B.Mod. work activities. IOs requested MSDS for the chemicals. MSDS sheets state the chemicals are “biodegradable” and “may cause harm to aquatic life due to oxygen depletion”. Later in the inspection, the Company Rep stated that they had put the drums in secondary containment as good measure even though it is not a requirement as they are operational materials. Photo confirmation of the secondary containment showed that each drum was located in the plastic containers that were being used as equipment drip trays at other places on site.Chemicals were located within 100m of the NW pond on site, as well as watercourses BC-785i and BC-785j.
Observation 16 - IR # 5 - Marine Wildlife Monitoring
Date & time of visit: 2019-10-16 12:55
While discussing the marine mammal monitoring during the inspection, which occurs during pile driving, the Company was unable to answer how it verified the subcontractors were qualified and trained to conduct the visual monitoring of marine mammals.
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
