Compliance Verification Activity Report: CV2122-109 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-109
Start date: 2021-10-25
End date: 2021-10-29

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Canada

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmental inspection of spread 3/4A construction with a focus on implementation of the EPP, in particular sediment and erosion control mitigation.

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 - General Observations Spread 3/4A

Date & time of visit: 2021-10-26 07:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the field inspection of Spread 3/4A which took place October 26th through 28th 2021, the following were the main themes of focus which were verified for compliance with the Pipeline EPP and the OPR:

Metal Leachate and Acid Rock Drainage (MLARD) Plan
Clearing, Timber Salvage and Culturally Modified Trees (CMTs)
Erosion and Sediment Control (ESC)
​Watercourses: Mitigation, Reclamation and Spawning Deterrents
Other Compliance Verification Observations
 
 
Metal-Leaching and Acid Rock Drainage (MLARD) Management Plan
The IO discussed field level implementation of the MLARD Plan with TMEP staff, during which staff demonstrated familiarity with the details of the field-level requirements (CER Condition 72, Volume 2 Appendix G Update, Section 4.1 of the Pipeline EPP (updated March 2021)). The IO spot checked for compliance with various aspects of the MLARD Plan via field observations and documentation requested and viewed during the inspection.

Spreads 3 and 4a were generally within the ‘Mechanical Phase ML/ARD Assessment’ phase (Section 4.1.3 of the Plan) at the time of the inspection, during which delineation of MLARD susceptible rock takes place along the construction footprint. The following observations were noted:

 
No non-compliance of the MLARD Plan were observed during this inspection.
 
 
Clearing, Timber Salvage and Culturally Modified Trees (CMTs): 
Erosion and Sediment Control (ESC)
Watercourses: Mitigation, Reclamation and Spawning Deterrents 
Other Compliance Verification Observations: 
 

Compliance tool used: No compliance tool used

Observation 2 - Information Request #1: Sediment Release at Rd 111

Discipline: Environmental Protection

Categories:

Facility:

Observations:

As described in the General Observations, sediment release to a wetland disclosed to the IO and inspected on 28 October 2021. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Please provide the following so that the Inspection Officer can better understand how TMEP has implemented EPP commitments related to erosion and sediment control (ESC) and protection of sensitive environments at the Rd 111 sediment release to the wetland (KP 635).
 
Factual details of the event:
  1. Confirmation of the dates:
    1. the event began; and
    2. the date the site was shut down
 
Compliance with EPP General Pipeline Construction Mitigation Measure #50 (Section 7), as well as the Flood and Excessive Flow Contingency Plan and the Water Quality Monitoring Management Plan:
  1. The TMEP Environmental Inspector’s (EI) report for the last time the area was inspected before the event occurred.
    1. If not included in the EI report, please provide photos and a description of the ESC measures which were in place before the heavy rainfall event (pre-event).
    2. Provide additional commentary, if necessary, on whether the pre-event ESC was deemed sufficient by the EI at the time.
    3. Describe any changes which have been made to the EI process with respect to ESC since the time of this event (or the ongoing NNC corrective actions associated with the Spread 2 inspection CV2122-107) which may have resulted in a better outcome in this scenario.
  2. Confirm whether or not the sediment deposit on the forest floor (in the forested area, off RoW) which was observed by the IO and TMEP staff during the inspection (28 October 2021) was on TMEPs deficiency list and scheduled for clean up before 28 October 2021. If so, please provide evidence which clearly shows by whom and when it was discovered.
    1. If the sediment has been moved back onto the RoW and forest floor restored, provide photos and any other relevant records to demonstrate that this task has been completed, with the date of completion clearly stated.
  3. Provide a summary report of the total suspended solids (TSS) and turbidity monitoring which has been/is taking place in the wetland at Rd 111 with respect to the Water Quality Monitoring Management Plan.
 
Reporting the event to the CER:
  1. The IO understood from conversations in the field that TMEP intends to report this event in the condition 106 monthly report rather than as an incident. Please provide:
    1. Confirmation of the date that TMEP will report this event to the CER per c106.
  1. Justification for the decision making process in which TMEP deemed this to not be a reportable event as per the CER’s Event Reporting Guidelines.

Due date: 2021-11-15

Date closed: 2021-12-08
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 - Information Request #2:Road conditions at Serpentine Rd (Rd 6)

Discipline: Safety Management

Categories:

Facility:

Observations:

Serpentine Rd KP576.43

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

During the closing meeting for CV2122-109, when the IO summarized with TMEP staff that there were remaining questions and assessment to be conducted on the safety and general operating condition of Rd 6 (Serpentine Rd), TMEP reported that the road had been shut down temporarily between kms 7 and 9.  TMEP's decision to shut down the road is aligned with the Wet/Thawed Soils Contingency Plan contingency measures. To further verify compliance with this Plan, as well as for safety of workers in general, please provide the following by 15 November 2021.

Any safety assessments conducted on Serpentine Rd between 27 October 2021 (the day the IO travelled Serpentine Rd to verify compliance to Serpentine Creek spawning deterrents) and the day the road was reopened between kms 7 and 9 (the date of which is unknown to the IO at present time). Specifically, the IO is looking to verify:
a) the criteria TMEP used to determine that the road was/is safe for use; and 
b) which mitigations were utilized to bring the road up to an acceptable standard for work to be re-started.
 

Due date: 2021-11-24

Date closed: 2021-12-09
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:

- 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