Compliance Verification Activity Report: CV2021-201 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-201
Start date: 2020-11-30
End date: 2020-12-04

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Inspection of TMEP Westridge Marine Terminal, Burnaby Terminal and Spread 7, and related temporary infrastructure sites. IAMC Indigenous monitors participated and provided comments on the environmental aspects of the work activities observed during the inspection. For the environmental protection portion of the inspection, compliance verification of the following Trans Mountain Plans was conducted: Environmental Protection Plans (Conditions [c.] 72, 78, 81), Traffic Safety Plan(s) (c. 73), Noise Management Plan for construction at terminals and pump stations (c. 80), Light Emissions Management Plan (c.82), Air Emissions mitigations (Conditions 52 and 79), and the sediment and erosion control mitigation measures for each site (Condition 72) - WMT & BT Sediment and Erosion Control (ESC) Plans. The Inspection Team verified compliance for the Covid-19 Response Plan. For the integrity portion at WMT the construction of onshore (c.33) and offshore (c.34) including the cofferdam, tunnel portal, secant wall, soil improvement and pile design were inspected. At the BT (c.24), the construction activity including the tank foundation including cathodic protection and leak detection systems, secondary containment systems, and related ponds to address the site safe operation were inspected.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Observations (no outstanding follow-up required)

Observation 1 - Engineering - Westridge Marine Terminal Construction Inspection

Discipline: Integrity Management

Categories:

Facility:

Observations:

Slope Stability

Secant Wall and Tunnel PortalForeshore Area and CofferdamMarine Piling OperationThe following documentation was requested from the company:
  1. Confirmation that the sheet piles in cell 11 were properly installed since the coating appears to be installed facing the foreshore area.
  2. Confirmation that the slope near the secant pile location is stable and does not pose a safety hazards.
  3. Pile layout and schedule for the Berth locations.
  4.  Pile driving documentation for at least 2 piles of the cells.
  5. Welding documentation including: 2x welding procedure data sheets, one approved repair procedure, welding inspector contract and non destructive test results.
Responses to requests 1, 3, 4, and 5, was provided by TMX. IR responses submitted were satisfacotry, related documents were saved and linked to this CV.  the confirmation that the slope near the secant wall (2 above) was not addressed in the set of documents received. Staff will submit that request to the company again.

 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Confirmation that the slope near the secant pile location is stable and does not pose a safety hazard. The slope is located near a small access road and the south stairs access to the site. The slope was covered with plastic sheets during the inspection.
  2. Confirmation that the coating defects (page 8, 9, 10, 11, 12,  of 16) in the sheet piles that were noted in the attached file were repaired. If not repaired yet, provide anticipated repaired date.
  3. Confirmation that the blow out on knuckle outside face (Page 1 of 16) has been repaired according to KLTP Operation repair procedure.

 

Due date: 2021-02-09

Date closed: 2021-02-17
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 2 - Environment - Westridge Marine Terminal (WMT)

Date & time of visit: 2020-12-01 09:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

General Construction

Traffic Control Plans for public roadways – Condition 73Air Management Plan – Condition 79Waste and Spill Management - Condition 81Erosion and Sediment Control – Condition 81Wildlife Protection – Condition 81

Compliance tool used: No compliance tool used

Observation 3 - Noise Management Plan and Complaint System - Westridge Marine Terminal

Date & time of visit: 2020-12-01 16:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Noise Management Plan – Condition 80

Landowner and tenant complaint process/system – Condition 102

Compliance tool used: No compliance tool used

Observation 4 - Light Emissions Management Plan – Westridge Marine Terminal

Date & time of visit: 2020-12-01 16:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Light Emissions Management Plan – Condition 82
 

Compliance tool used: No compliance tool used

Observation 5 - Covid-19 Response Plan - Westridge Marine Terminal

Date & time of visit: 2020-12-01 16:40

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 6 - Engineering - Burnaby Terminal Construction Inspection

Date & time of visit: 2020-12-02 09:00

Discipline: Integrity Management

Categories:

Facility:

Observations:

TCA and ISWRA and Firewater  Ponds

The following documentation was requested form the company during the inspection, due to COVID restriction documentation were submitted on sharepoint rather than durin the construction:
  1. Documentation related to the installation/monitoring/inspection during installation of the cathodic protection (CP) at Tanks 75 and 77. The documentation should include any Photos of the CP taken during or after the installation.
  2. Anchors are used throughout the site to provide stability to the shotcrete walls, provide construction documentation that supports these installation including the embedment of at least 5 of these anchors, two at the location of the fire water pond and 3 on the berms of the shotcrete wall near the location of Tanks 75 and 77.
  3. Confirmation by a geotechnical engineer of the stability of “the slope and the adjacent road” that was built near the Tertiary Containment Area (T.C.A.) located south of the site. The area of concern is located at the north east corner of the pond.  
  4. Four construction monitoring reports of the fill placement within the ring foundation of tanks 75 and 77, including lifts thickness and compaction effort as recorded during construction.
  5. Provide issued for construction drawings showing the fill placement lifts and compaction efforts specifications for the tank foundation at tanks 75 and 77.
 2/3/2021 TMX submitted all the required documentation as requested in  during the inspection and listed above. The documents provided show that the company have performed inspection and construction monitoring to confirm compliance with the design for the cathodic protection at tanks 75 and 77, and of the anchors used to stabilize the shotcrete walls, and the fire water pond. TMX also provided construction monitoring reports of the ring foundation including compaction effort documentation of the fill within the concrete ring foundation. Documentation to support the responses are attahced to the CV. CER staff has no more enquiries of the current work done at the Burnaby Terminal but recommends that another similar inspection be performed of the work to be performed at other locations and tanks at this site.
 

Compliance tool used: No compliance tool used

Observation 7 - Environment - Burnaby Terminal

Date & time of visit: 2020-12-02 09:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

General Construction

Traffic Control Plans for public roadways – Condition 73Waste and Spill Management - Condition 78Erosion and Sediment Control – Condition 78Noise Management Plan – Condition 80Wildlife Protection – Condition 81Heritage Resources and Sacred and Cultural Sites – Condition 100

Compliance tool used: No compliance tool used

Observation 8 - CNC 1 - Waste and Spill Management - Condition 78

Date & time of visit: 2020-12-02 08:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Observed 3 instances of improperly sorted waste throughout the terminal.  At least 5 instances of small pieces of litter (e.g., construction debris, water bottles, etc.) were observed throughout the site. Each instance identified was immediately corrected by TM, or contractor personnel. Corrected Non-Complaince issued.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Where officers did not observe that the waste segregation/housekeeping was corrected, the Company is to provide photos to the Officers demonstrating that waste has been properly segregated.  Photos were provided. No further action required.

Due date: 2020-12-02

Date closed: 2020-12-07
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 9 - Covid-19 Response Plan - Burnaby Terminal

Date & time of visit: 2020-12-02 14:44

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: Inspection Officer Order (IOO)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. For the two workers observed in the pick-up truck, don masks and leave the worksite.
  2. Provide an assurance that the two workers have been fully instructed on the Trans Mountain COVID-19 Response Plan prior to returning to work.
  3. Provide a description of the Trans Mountain disciplinary ladder for non-compliance to theTrans Mountain COVID-19 Response Plan.
  4. The Burnaby Terminal Management Team will conduct a “Safety Stand Down” at the earliest opportunity. Provide the Agenda and the method for delivery of the communication. Video conferencing would be acceptable.
  5. The topics to be covered at the Safety Stand Down will include, at a minimum:
    • a) the importance of compliance to the Trans Mountain COVID-19 Response Plan and who on the worksite(s) is responsible for ensuring compliance with COVID-19 measures;
    • b) a clear description of the current COVID-19 statistics in Canada, in the health region, and specifically on the Trans Mountain Expansion Project;
    • c) the provincial requirements for COVID-19 in place at the time of the Safety Stand Down; and
    • d) the disciplinary ladder for non-compliance to the Trans Mountain COVID-19 Response Plan.

 

Due date: 2020-12-10

Date closed: 2020-12-18
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 - Environment - Spread 7 Pipeline Construction

Date & time of visit: 2020-12-03 09:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

General Construction CWP75 – Condition 72

Contamination Identification and Assessment Plan – Condition 46Wildlife and Habitat Protection – Condition 72Waste and Spill Management - Condition 72Erosion and Sediment Control – Condition 72Traffic Control Plans for public roadways – Condition 73Nooksack Dace and Salish Sucker Management Plan – Condition 75

Compliance tool used: No compliance tool used

Observation 11 - Covid-19 Response Plan - Spread 7

Date & time of visit: 2020-12-03 10:20

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: Inspection Officer Order (IOO)

Regulatory requirement:

Relevant section(s):

Company action required:

Specified Measures:

1. The two workers observed not wearing masks properly when working within 2 m of each other at the 88 Golden Drive TIS (associated with Spread 7), must immediately don masks and leave the worksite for the remainder of the day. (completed on 3 December 2020)

2. At the earliest opportunity, Trans Mountain shall conduct a “Safety Stand Down” (SSD) to address all Trans Mountain employees, contractors and subcontractors currently working on any TMEP worksite within the Lower Mainland region. The topics to be covered at the SSD shall include, at a minimum:

a. the provincial requirements for COVID-19 in place at the time of the SSD;
b. a clear description of the current COVID-19 statistics in Canada, in the health region, and an accurate number of confirmed COVID cases on the TMEP to date;
c. the importance of compliance to the COVID Protocols and who on the worksite(s) is responsible for ensuring compliance to them; and
d. the disciplinary ladder for any observed non-compliance(s) to the COVID Protocols.

At least 24 hours prior to conducting the SSD, Trans Mountain shall provide the inspection officer with an agenda for the SSD including the format(s) in which it will be delivered.

3. Provide a plan outlining Trans Mountain’s disciplinary ladder for non-compliance to the COVID Protocols and stating how it will ensure that its employees and its contractors are consistently taking the appropriate disciplinary action(s) when any individual(s) on a Trans Mountain worksite (e.g. Trans Mountain employees, contractors, subcontractors and/or visitors) are identified as not adhering to the requirements and standards outlined in the COVID Protocols.

Due date: 2020-12-17

Date closed: 2021-01-05
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 12 - IAMC IM Observation #1

Date & time of visit: 2020-12-04 16:00

Discipline: Environmental Protection

Categories:

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.

First observation while entering main gate of west ridge terminal after departing off the shuttle bus. Multiple rubber speed bumps was being installed on an angle to help control natural water run off from weather, though priority of this install that the flow of water was being controlled and diverted to a water treatment basin onsite. With great reason to prepare for any hydro carbons contaminents that may occur from incoming and out going motor vehicles and heavy machinery. This will be an enviroment measure being proactive to contain such hydro carbons from impacting natural enviroment of soils, and most all of the water courses, oceans.
 
Fuel generated lighting unit has been inspected and has been observed of built on self containment. Though this was looked at because there was no spill containment mat below fuel generated unit. Although there was a daily inspection checklist attached to the unit dates/times/initials. It was shared that there was regulations and policies in place when the fuel generated lighting can be operative and when to be non operative reason was being a good neighbour throughout across the Burrard inlet residences, capitol hill residences, not to attract the birds to the high lamination of light that may cause any potential impacts of fatalities to birds.                                                                                    
                                               

 
  
Observation of 6 individual monitoring units installed TDC of the live pipelines approximately below grade level with depths of 1.5m to 3m for each individual monitors. This is one of many safety measures is in place as the drill port wall is being constructed.

The creek water course had been contained and diverted by culvert installation. This had been in place to help complete the work for the drill port wall below this culvert. This water flow is tested daily from this high point of work site as well as down below where the culvert has diverted fresh running water to the ocean waters.
  
There was an observation of the new grass seedlings along above the upper access road. Questions were asked to environment rep if the new seedling of the grass was weed free? The environmental rep shared the grass seedling was weed free and the seedlings were a mixture of 3 kinds of specific grass seeds. Which this was all planted September/ 2020 and the seedlings were growing and rooting to the soil base.

The picture above this paragraph the steel rig mats were installed for TMEP access road for construction purposes though a most safety aspect of protecting the 2 live pipelines below rig mats of depths of 1.5m to 2.5m.
 
Grout 20kg bags stacked on pallets onsite was organized and still wrapped with polyurethane wrapping near by the drill port wall. Though there has been challenges of containment of the grout for entering into the natural soils as well into the water courses and into ocean waters which will impact ocean habitat if not monitored daily, weekly, monthly.
 
Upmost proactive measure for environment to recover much natural soil in work areas. Only stripping the topsoil as authorized and stocking piling and covering the topsoil immediately and marking with a posted sign, all soils shall be separated and if soils become mixed, they must be brought offsite for disposal though most important all must be documented and authorized for disposal. This also shall have GDP permit in place daily and a designated ground disturbance monitor onsite while work is being done.
 
A new derailment wall has been built onsite for any potential derailments of trains, passenger trains. This new wall to protect the construction of new structures, construction equipment, and at most protecting all employees onsite during construction.

In this observation of secondary containment was built along main road from the main entry gate to mid section of Westridge terminal. The reason was to contain natural water run off from weather during construction activities. 3 sumps were built to control the flow of water diverting water to a catch basin. Though this proactive measure also to catch the spoilt soils, fine grout run off from the drill port wall construction area as well from machine operations, vehicle operations, side by side operations, hydrovac operations, delivery trucks, all being soiled as well being weathered by rainfall.
 
This keen observation of unattached air compressor parked and in stagnate on incline of slope road below main gate. Red flag went up in my mind of 1 wheel chock only being used to secure this unit on the incline slope of road, which poses as a high potential injury for a crush hazard to persons working below this unsecured unit. My immediate suggest was to has a second wheel chock added to the wheel not chocked. Reason of my suggestion I have visually seen a previous 20,000 lb air compressor unit roll off unsecure on TEMP access rd. almost crushing an employee. This I had spoke up to inspection officer to help assess this potential hazard.

The new port being built had a grout mixing plant on site of west ridge terminal, diameters of piling holes were placed in sequence in order to meet specifications and stability of new foundation of the new port. Excess grout that was exposed and was monitored & isolated and fenced off and was dug out and transferred off worksite to be disposed and treated under certain authorization.
    
The lighting for the West ridge terminal was one of the conflicting instruments for the dark evenings causing high luminations throughout the facility as well towards the neighbours across the burrard inlet, capitol hill, and along the residences of barnet hwy above the facility.
There had been adjusments made from the west ridge terminal expressing the divertion of the lighting to face downward angles as well as set time for lighting operations for the evening usage as well for the overnight usage lights to be dimmed down though also shut down to low percentages to avoid conflict or interuptions to the neighbours of the facilities.
 
This completes my observation report as indigenous monitor, I thank you for the invite as a guest for the Canada Energy Regulator inspection for West Ridge Terminal.
 

Compliance tool used: No compliance tool used

Observation 13 - IAMC IM Observation #2

Date & time of visit: 2020-12-04 16:00

Discipline: Environmental Protection

Categories:

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.

TO BE ADDED WHEN RECEIVED

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