Compliance Verification Activity Report: CV2021-198 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-198
Start date: 2020-09-21
End date: 2020-09-25

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain

Province(s) / Territory(s):

Discipline(s):

Rationale and scope:

Environmental inspection of TMEP at Spread 4B to assess pre-construction preparedness / early construction. Completed with Indigenous Monitors representing the IAMC.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Additional Project-specific requirements or conditions:

Condition 71 - Riparian Habitat Management Plan Rev 4

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2020-09-21 08:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Tuesday 22 September, 2020
 
Morning meeting at Vavenby Construction Office

 Peavine Creek – KP 697+590, BC-296, S2 Drainage, KP 698.07, BC-297 School Creek, KP 715+600, BC-310, S2 Norfolk Area, KP716+540 to 717+700 Heritage Site, KP712+900  Watercourse Crossing, KP 732.54, BC-317 – immediately adjacent to HWY 5 
Wednesday 23 September, 2020 Nahalliston Creek, KP 746+440, BC-311, S2 Lemieux Creek, KP 744+810, BC-330, S1B Unnamed Channel, KP763+200, BC-342, S3 Active Tree Clearing 
Darfield Pump Station to Hwy 5 (KP764+570 to KP763+290)Lindquist Creek, KP 764+070, Bc-344, S2 Darlington Creek, KP763+760, BC-343, S2Hwy 5 Boring – KP 763+290 
Thursday 24 September, 2020
 
Vavenby Construction Yard

Compliance tool used: No compliance tool used

Observation 2 - IR 1 - Hazardous Materials Storage (small volumes)

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On 24 September, 2020, IOs and IMs observed small containers of products such as motor oil and glycol, and a crate of acetone being stored in the middle of the yard on a rig mat. IOs asked questions about the requirement for secondary containment of smaller volumes of individual products while on site.

TMPU representatives provided the following reference with respect to secondary containment (Pipeline EPP, page 30, bullet 128):  

When using portable storage devices (e.g., bulk tanks containing petroleum or allied petroleum products or other hazardous materials
as applicable) exceeding 1,000 L (or 1 m3), single-walled bulk tanks will be housed within secondary containment (e.g., bermed area
lined with an impervious polyethylene liner) or another form of secondary containment. The secondary containment will be
designed and sized in accordance with applicable Provincial and/or Federal requirements. Tertiary containment will not be required for
bulk tanks with integral secondary containment. Ensure that collected surface water (e.g., snow melt, rain water) is removed in
a timely manner to maintain sufficient containment if a spill occurred. If there is visible hydrocarbon sheen, the water in the
containment structure will be collected for proper storage and disposal at a Trans Mountain-approved waste disposal facility and
in accordance with the Waste Management section (see Appendix G) and the Spill Contingency Plan (see Appendix B).





 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

1) Please specify which Environmental Protection Plan (EPP) Trans Mountain is using for the Vanvenby Construction Yard.

Due date: 2020-11-05

Date closed: 2021-05-05
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 3 - IR 2 - Biosecurity, Level 3 Cleaning - Equipment Exemption List

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On 23 September, 2020, IOs and IMs observed a piece of equipment (4R8-401) on the RoW with a Level 3 equipment cleaning sticker which stated "EXEMPT".


 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

1) Please provide a description of TransMountain's procedures for expemting vehicles and equipment from level 3 cleaning (i.e., how does TransMountain determine that a vehicle or piece of equipment is exempt from level 3 cleaning). 

Due date: 2020-11-05

Date closed: 2021-05-05
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 4 - Indigenous Monitor Observations (Whispering Pines)

Date & time of visit: 2020-09-21 08:00

Discipline: Indigenous Monitoring

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.

09/21/2020

09/22/2020

Meeting and introduction With Company Indigenous monitor. Pevine creek crossing site visit

Biosecurity

 09/23/2020

Winter crossing BCVA-104ABCVA-330 Winter crossing delayed due to window for objective closing.   BCVA-342 Unnamed crossing KP 763- 76KP 763.29009/24/2020

Vavenby Yard

Compliance tool used: No compliance tool used

Observation 5 - IR 3 - Clearing activities adjacent to watercourse crossings

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At Nahalliston Creek, IOs observed trees taken down at the creek edge but the site has not been grubbed. TMPU representative stated that the pipe was to have been installed already, however, due to birds nesting along the edge of the crossing site, the contractor missed the construction window (July 22 - August 15) and construction is delayed until next year.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Condition 71,  Riparian Habitat Management Plan (Table 5.2-1) states that “Clearing activities will be limited in buffers adjacent to watercourse crossings until just before construction”.

1. Please provide the date clearing was completed at Nahalliston Creek.
2. With respect to spread 4B, please provide the names of the watercourses where clearing has been completed and construction has been delayed. 
3. At watercourse crossings where clearing has occurred and construction has been delayed, please provide the anticipated dates that construction will resume. 

Due date: 2020-11-05

Date closed: 2021-05-05
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

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