Compliance Verification Activity Report: CV2223-224 - Foothills Pipe Lines (South B.C.) Ltd.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2558

Regulated company: Foothills Pipe Lines (South B.C.) Ltd.

Operating company: Foothills Pipe Lines (South B.C.) Ltd.

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Environmental Protection

Related events:

• CV2223-285

Rationale and scope:

<span style="font-size:12px"><span style="font-family:Arial,Helvetica,sans-serif">This project consists of approximately 12.5 km of NPS 48 steel pipe, ILL launcher and receiver facilities.<br /> The Project is an approximately 12.5 km 1,219 mm diameter (NPS 48) natural gas pipeline loop located near Yahk British Columbia. The Project crosses Crown (81%) and freehold (19%) lands and will parallel existing disturbances for approximately 42% of the route. The proposed route starts at the Foothills Valve Site XR-014 in b-53-H/82-F-1 and will tie-in to the existing NPS 36 in b-72-B/82-F-1 at the existing connection with the East Kootenay Lateral.&nbsp;The Project includes a variable width right-of-way (ROW), requiring a 32 metre (m)-wide construction footprint with additional temporary workspace (TWS) where required.<br /> The Inspection focused on field implementation of construction environmental protection plan and associated resource specific plans, particularly watercourse crossings, acid rock drainage/metal leaching mitigation, soil handling and work on steep slopes, as well as heritage resource features.&nbsp; At the time of inspection approximately 8 km of the project had been graded, though 12.5 km had been cleared.&nbsp; The inspection included various sites along the 8km graded portion of the right of way, plus the launcher (KP 0) and receiver (KP 12.5) sites.&nbsp;</span></span><br /> &nbsp;

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (1)

Facility details

Facilities:

• B.C. MAINLINE LOOP NO. 2

Facility Types

• Pipeline
• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• ENVIRONMENTAL PROTECTION PLAN FOR THE PROPOSED FOOTHILLS ZONE 8 WEST PATH DELIVERY - BRITISH COLUMBIA MAINLINE LOOP NO. 2 YAHK SECTION April 2022

Regulatory instrument number(s):

• XG-022-2020

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2022-09-15 14:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Chemical Spills/Releases
• Surface Water Management
• Containment and Drainage Structures
• Water Bodies - Non-Fish-bearing
• Sedimentation/Turbidity
• Water Bodies - Fish-bearing
• Direct Mortality of Fish
• Sedimentation/Turbidity
• Erosion
• Temporary Access Structures

Facility:

• B.C. MAINLINE LOOP NO. 2 (Pipeline)

Observations:

The inspection focused on accessible portions of the RoW.  Overall, no concerns regarding implementation of the EPP and management plans were identified during the inspection. Observations of note include:

General Observations:

• Soil stockpiles were adequately labeled,
• Housekeeping was excellent, no or extremely minimal garbage was observed. 
• Discussed wildfire mitigation that was being implemented recently
• The project crosses several very steep slopes

• Discussed equipment cleaning and inspection/approval requirements. 
• Equipment spot checks showed that equipment was inspected (stickers)
• Reviewed cleaning log (mechanical clean) for the equipment that handled weedy soil at KP 12.5 
• Weed area soils were stockpiled separately, labeled and were on top of geotextile where checked (KP 12.5, KP 0 two stockpiles)

• Requested, received and reviewed ARD/ML Field Management Plan and Table 4-1. Summarized Yahk section ARD/ML Management Guidance that summarize the results of bedrock sampling and plans to address acid rock drainage. 
• Discussed plans for handling bedrock which was found to have moderate acid rock drainage potential, focusing on KP 1+470 - 1+680. 
• The primary mitigation being employed is mixing the rock with non/low acid generating potential material (non-organic) as it is removed from the trench, and for potentially saturated acid generating bedrock (moderate potential), removing the material from the wet area and mixing the material with non/low acid generating potential. 
• Observed that the start and end points for locations where special handling of rock is required are marked (staked in the field). 
• Discussed water quality monitoring would occur once during construction (short construction phase), and subsequently as documented in the plan. Reporting to CER could occur as part of Post Construction Monitoring report if there are issues identified (this reporting is issues-based).

• Observed watercourses WC #1, WC #2, WC #3, King Creek, NCD 13. 
• Construction at watercourse crossings had not yet occurred.
• At some locations ramp and culvert had been installed, a bridge will be used at King Creek. 
• At all locations observed appropriate implementation of mitigation measures, including sediment and erosion control measures (e.g. diversion berms/ledges, silt fencing), signage identifying the site, and riparian buffers in tact.
• Hawkins Creek and associated channels (anthropogenic channel, side channel) (fish bearing)
  • Observed watercourse crossing preparatory work.
  • Hawkins Creek and anthropogenic channel were flowing, while the side channel was dry. 
  • Requested, received and reviewed the site specific watercourse crossing plan. 
  • Confirmed the following mitigation is being implemented:
    • <2.54 mm fish screens for pumps on site,
    • extra pumping capacity available,
    • spawning deterrents in place and will remain until shortly before the crossing, 
    • grey water mitigation (pig pen/settling area),
    • fisheries QEP are on site and will conduct fish salvage activities at the time of crossing,
    • water quality monitoring is currently occurring and planned, 
    • storage area for watercourse soils identified
    • spill mitigation is on site (trailer with spill containment equipment, spill kits present, secondary containment in place,
    • isolation method for hawkins was discussed (sheet piling planned) with contingency for meter bags and poly),
    • required Class 3 Rip Rap was observed stockpiled elsewhere. 

• ARK 1 - site remained buffered and currently undisturbed as permit not yet obtained. TC Rep confirmed that additional testing was complete.
• ARK 2 - Discussed and confirmed how required mitigation was implemented at this site prior to the field inspection. Soil stockpiles are labeled separately and the site is currently matted. Signage is appropriate. 

Compliance tool used: No compliance tool used

Observation 2 - CNC # 1: Containers for Diesel Exhaust Fluid (DEF)

Date & time of visit: 2022-09-14 14:00

Discipline: Safety Management

Categories:

• Hazard Management
• Management of Hazardous Materials & Substances

Facility:

• B.C. MAINLINE LOOP NO. 2 (Pipeline)

Observations:

At the receiver site (KP 12.5) observed four blue jugs in secondary containment, near jerry cans that were presumably holding fuel. The blue plastic containers that were used stated "Potable Water," however two of the four had DEF clearly written on them in felt marker, and IOs concluded that these jugs did not contain potable water.  Discussed with the representative who indicated these jugs likely contained diesel exhaust fluid (DEF) given the DEF markings.  The IOs raised concern regarding the labeling of the jugs and the potential for confusion regarding what was contained in the jugs, particularly given that the plastic jugs themselves stated Potable Water.  Requested a copy of the SDS for 'DEF.' While in the field, the representatives re-marked the jugs with 'DEF' using felt markers. 
Additional corrective actions were taken as cited in the next section.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Environmental Protection Plan (EPP)
• ENVIRONMENTAL PROTECTION PLAN FOR THE PROPOSED FOOTHILLS ZONE 8 WEST PATH DELIVERY - BRITISH COLUMBIA MAINLINE LOOP NO. 2 YAHK SECTION April 2022

Relevant section(s):

• 1.0 CHEMICAL AND WASTE MANAGEMENT PLAN [...] 1.2.3 Mitigation Measures All employees, contractors and consultants of the Company will be required to comply with applicable regulations for the containment, handling, storage, use and disposal of wastes and chemicals. The SDS for Diesel Exhaust Fluid (DEF) states: "Section 7. Handling and Storage Precautions for Safe Handling [...] Keep in the original container or an approved alternative made from a compatible material [...] Conditions for Safe Storage Store in accordance with local regulations. Store in a segregated and approved area. Store in original container protected from direct sunlight in a dry, cool and well-ventilated area... Do not store in unlabeled containers.

Company action required:

The complany completed the following actions: 
Representatives immediately re-marked the containers with markers in the field identifying 'DEF' on all containers (blue jugs) observed at the receiver site.  
Later, labels that covered the potable water markings were added to the containers the IOs identified (temporary WHMIS label), the company ordered permanent label/sticker and raised the issue across the project and informing foremen to remove all DEF containers site-wide and label them with the temporary WHMIS label while awaiting the permanent labels. 
Photographs of the re-labeled jugs were provided to the IOs.  The SDS was provided as requested.

Due date: 2022-09-15

Date closed: 2022-09-16
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: