Compliance Verification Activity Report: CV2021-215 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2541

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Environmental Protection
• Safety Management
• Indigenous Monitoring

Related events:

• CV2021-400
• CV2122-254

Rationale and scope:

Unannounced joint Safety and Environmental Protection inspection of the TMEP Edmonton Terminal. Verify compliance to OPR and company requirements with a focus on contractor oversight.

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (2)

Facility details

Facilities:

• EDMONTON

Facility Types

• Pipeline
• Terminal

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canada Labour Code (CLC)
• Canada Labour Code (CLC)
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• Plans And Procedures
• Project-specific Environmental Protection Plan (EPP)
• Facility specific EPP

Observations (no outstanding follow-up required)

Observation 1 - General Observation - Environment

Date & time of visit: 2021-03-18 09:30

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Chemical Spills/Releases
• Surface Water Management
• Surface Water Management Plan
• Groundwater
• Monitoring and Testing
• Housekeeping
• Waste Management

Facility:

• EDMONTON (Facility)

Observations:

• TMEP Environmental Inspector received additional hazard identification training along with contractor oversight training as part of the project restart which occurred in January and February.
• TMEP staff indicated some of the TMEP work was started under NEB Act section 58 authorizations to get the project started.
• Contractor garbage bins were checked to ensure proper segregation of waste, no issues identified.
• Spill kits were visible in the mobile equipment checked on the construction site.
• TMEP staff indicated that when soil or groundwater contamination is identified during their work they remove the contamination that is impacting their work area, but they don’t chase the contamination beyond the size of the excavation required for the project work. TMEP staff do alert Trans Mountain operations staff of what was found so it can be properly recorded and reported as necessary. TMEP staff indicated they have so far worked in one location where historical contamination was identified.
• TMEP staff indicated their inspectors observe the soil being excavated and sample it if suspected of contamination, if the sampling confirms contamination TMEP implements its chance find protocols.  
• TMEP staff indicated that all of the new tanks will have an impermeable liner installed within their respective tank bays.
• No existing operating tanks are currently sharing containment with any of the new tanks currently under construction.
• In the north eastern portion of the construction site silt fences have been installed to direct all water flow into the large retention pond already in use at the facility.
• In other areas of the construction site, existing water drainages are being utilized by the construction project to direct all water to the large retention pond.
• In the south portion of the facility where a new pump building will be installed groundwater is being sampled prior to disposal as some historic contamination has previously been identified in the general area.

Compliance tool used: No compliance tool used

Observation 2 - Tank 4

Date & time of visit: 2021-03-18 10:00

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Chemical Spills/Releases

Facility:

• EDMONTON (Facility)

Observations:

• In the north east corner of the construction area, on the Tank 4 berm, a light tower was missing a drip tray.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR)

Relevant section(s):

• • 48. A company shall develop, implement and maintain an environmental protection program that anticipates, prevents, manages and mitigates conditions that could adversely affect the environment.

Company action required:

TMEP to provide a drip tray to the light tower.

Due date: 2021-03-18

Date closed: 2021-03-18
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 3 - Light Tower as a Generator

Date & time of visit: 2021-03-18 11:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Electrical Safety

Facility:

• EDMONTON (Facility)

Observations:

In the middle of the construction area, a light standard was being used as a generator, however the unit was not properly grounded.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR)

Relevant section(s):

• • 47. A company shall develop, implement and maintain a safety management program that anticipates, prevents, manages and mitigates potentially dangerous conditions and exposure to those conditions during all activities relating to construction, operation, maintenance, abandonment and emergency situations.

Company action required:

TMEP is required to install a ground pad or a grounding rod with the light tower.

Due date: 2021-03-18

Date closed: 2021-03-18
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 4 - IM Observations

Date & time of visit: 2021-03-18 14:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

• EDMONTON (Facility)

Observations:

Additional Observation recorded by IAMC Indigenous Monitors participating in the CER Inspection.  Any compliance related observations that require specific regulatory follow-up have been recorded above.

March 18, 2021

• 4 new tank farms under construction 
• crane work 
• welding taking place 
• 42 tie ins 
  Stop 1 
• Observed hydro-vac in action 
• workers were wearing the corrective PPE properly working in a safe manner 
• signs and flagging are in place and a visual approach 
• near-miss with the hydro-vac last winter 
  Stop 2
• Observed GCS crew removing matting, backfilling with gravel 
• the crew were properly wearing PPE, spotters in place for the machinery 
• signed on FHLA 
• Focus Inspection is done every week
  Stop 3
• Observed new tank farms that are under construction 
• Tanks are all empty on that end so construction can continue operations 
• foremen overlook the tasks and workers performing 
• Observed Excavation sign and flagging in place 
• corrective PPE and spotters are trained in spotting and have years of experience 
  looked at Hydro vac focus inspections page 1 and 2 
  Stop 4
• Focus crane inspection went through with foremen and crane operator 
• the operator was compliant and answer what we asked 
• showed certification for crane 
• tag lines for suspended loads 
• crane operator draws up a work plan for the job and shows the line of travel and swing radius 
• all worker sign on to his plan 
• observed wipe line and mainline 
• the operator checks cable lines every morning 
• cable lines are yearly inspection 
  Closeout meeting.

Compliance tool used: No compliance tool used

Observation 5 - Contractor Oversight

Date & time of visit: 2021-03-18 14:00

Discipline: Safety Management

Categories:

• Training and Competency
• Training, Competency and Qualification

Facility:

• EDMONTON (Facility)

Observations:

-Several TMEP oversight inspectors were interviewed and observed conducting oversight of work activities: working from heights, excavation, mobile crane activities.

-scopes of work appeared to be fully understood.

-hazard control measures were understood and implemented.

-TM oversight inspectors were observed verifying permits, checking contract worker equipment pre-use inspections, FLHA’s.


During discussions with TMEP staff, it was identified that there was no direct oversight of radiography work conducted at night by TMEP oversite inspectors.  A follow-up CVA will be initiated to explore if this issue is systemic across the project and if compliance with OPR requirements are being met.

Compliance tool used: No compliance tool used

Observation 6 - Infection Control Program

Date & time of visit: 2021-03-18 14:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Personal Protective Equipment
• Hazard Assessment

Facility:

• EDMONTON (Facility)

Observations:

-viable program was fully implemented.

-health self-assessments are in use on a daily basis.

-temperature testing program appears fully implemented and effective.

-physical distancing was observed where possible; masks were observed in use by TM staff as well as contractors on site.

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: