Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Trans Mountain Pipeline ULC (TransMountain)
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
Environmental Program based inspection of the Trans Mountain Expansion Project (TMEP), Spread 2. In accordance to the CERs approach and Terms of Reference for the Indigenous Advisory and Monitoring Committee (IAMC), CER Officers, pursuant to subsection 102(5) of the Canadian Energy Regulator Act (CERA), will be accompanied by Indigenous Monitors (IMs). The purpose of these inspections is to verify compliance with the CERA, the National Energy Board Onshore Pipeline Regulations (OPR), referenced standards such as the CAN/CSA Z662 Oil and Gas Pipeline Systems, Certificate OC-065 and associated conditions, notably condition 72 (Pipeline Environmental Protection) and Condition 100 (Heritage Resources), Amending Order AO-001-XO-T260-007-201, Order OPL-002-2019, as well as other associated relevant Regulatory Instruments. The primary focus area for this Compliance Verification Activity (CVA)will be, but may not be limited to, Environmental Protection. Inspections will include verification of implementation of mitigation measures, commitments, and other information associated with Project Environmental Protection Plans (EPPs), and any other relevant plans, manuals, and procedures, as well as management plans. The scope of these inspections will include, but will not be limited to: Ongoing activities along Spread 2, Temporary Sites (Bone Yards, Construction Sites/Yards, Staging Areas), as well as Survey, Access, and Forestry Activities. Areas of interest include wildlife mitigation, wetland and watercourse crossings, waste management, storage and handling of hazardous materials, traditional land & resource use, heritage resource sites, invasive species management, and erosion and sediment controls while focusing on pre-clearing survey methods, delineation and staking activities occurring on the RoW.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Observation 1 - Information caviardée conformément au paragraphe 144(5) du Code canadien du travail
This information has been redacted pursuant to Section 144(5) of the Canada Labour Code
Observation 2 - Meeting with TransMountain Representatives - TMEP Environmental Handbook
Date & time of visit: 2019-11-12 07:49
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Company Representatives provided a copy of, and reviewed with the CER Inspection Team, the TMEP Environmental Handbook. Company Representatives indicated this document is provided to all visitors on the TMEP following completion of visitors’ orientation.Topics included but are not limited to:
Compliance tool used: No compliance tool used
Observation 3 - Clear Stream Energy Services (Pipe Yard) Yard B & Yard A
Date & time of visit: 2019-11-12 09:30
Discipline: Safety Management
General
Observation 4 - TMEP Pipeline RoW – General Observations
Date & time of visit: 2019-11-13 16:30
KP244 to KP255
Observation 5 - Meeting with TransMountain Representatives - Environment Inspectors (EIs)
Date & time of visit: 2019-11-14 07:20
NEB Inspection Team and TransMountain Representatives had discussions on several topics including:
Observation 6 - TMEP Pipeline RoW – General Observations
Date & time of visit: 2019-11-14 17:17
~KP 135+500 to ~ KP 136+600
Observation 7 - Corrected Non-Compliance (CNC) – CNC No.1 Pipeline Identification Signage – Unnamed Tributary (TMP RoW)
Date & time of visit: 2019-11-14 15:17
Discipline: Damage Prevention
Along the existing and operating TransMountain Pipeline RoW, at an Unnamed Tributary identified on the TMEP as feature (AB 114), pipeline identification signage does not identify the current operating company and the emergency number is out of service.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Install appropriate signage as required.
Due date: 2019-11-15
Date closed: 2019-11-18 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 8 - IM Observation
Date & time of visit: 2019-11-15 08:00
Discipline: Indigenous Monitoring
TMX-IMAC Environmental Inspection ReportSpread 2 Edson, AlbertaNovember 12-15, 2019 Edson Environmental inspection:Observation focus: stated to be surveying and previous work done in the area. November 12, 2019 Hotel Conference RoomMeeting:
Observation 9 - IM Observation
On November 12, we had an initial meeting to discuss the scope of work for the inspection. The following people from TMX:
CER IOSIAMC IMChief Environmental Inspector Spread 2 Lead Environmental InspectorH&S Lead InspectorH&S Inspector
During the meeting it was discussed that we would look at the pipe yard outside of Edson. We discussed the IAMC IMs concerns consisted of Carrot Creek and Little Brule Creek along with some accessible TLU sites. Some sites were not accessible due to the weather and ROW conditions. We were given traction aids as a safety measure to prevent and slips or trips. It was discussed what PPE we needed to be out on Row.
Observation made during our inspection:
The laydown yard was well organized and maintained
Little Brule Creek had some erosion and sediment control measures are in place on the slope west of the watercourse channel.
Little Brule Creek also had some reclamation work left unattended (i.e., T posts, Snow fencing)
The TLU sites were correctly buffered and staked
Significant TLU sites are to remain protected
Carrot Creek had the riparian zone stripped (e.g., Agricultural purposes)
Carrot Creek is a navigable watercourse; fish bearing
During inspection we continued discussions of watercourse crossings (i.e., HDD, Open Cut)
The water crossings we visited we discussed the mitigation measures, preventative measures
We met with flaggers and were taught how much of a buffer zone different zones were given( TLU site, Rare plant sites, waterways or potential Emergence marsh etc)
Certain farmlands are going to have cleaning stations to avoid the spread of invasive weeds (e.g., clubroot and soil pathogens)
In parts of our inspection we came across evidence of wildlife ( e.g., signs of presence or past presence including Deer, Elk, Coyotes, and Beavers)
Little Sundance Creek is a navigable watercourse; fish bearing
Observation 10 - Information Request (IR) - IR No.1 - Little Brule Creek - Existing Trans Mountain Pipeline RoW (TMP-RoW)
Date & time of visit: 2019-11-15 07:30
Compliance tool used: Information Request (IR)
Provide a response outlining what operations and maintenance activities (O&M Activities) have occurred at the site; under what O&M Notification number was the Board (now Regulator) Notified of O&M Activities which have occurred in the vicinity of Little Brule Creek for the existing and operating TransMountain Pipeline RoW. Please provide a description of and details surrounding O&M Activities conducted and their timing. Provide available environmental monitoring / inspection report(s) of the site following ground disturbances or clean-up activities including the installation of erosion and sediment control measures at Little Brule Creek.
Due date: 2019-11-21
Date closed: 2019-11-21 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.
Observation 11 - Information Request (IR) IR No. 2 - Little Brule Creek - Existing Trans Mountain Pipeline RoW (TMP-RoW)
Approximately a dozen groundwater monitoring wells present along the northern edge of the Existing TMP RoW on the eastern side of Little Brule Creek. An ATCO Gas RoW is adjacent to TMP-RoW in the vicinity of these groundwater wells.
A response providing additional information on the groundwater monitoring wells identified by the CER Inspection Team near Brule Creek located to the northern side to the TMP-RoW. In your response, please indicate if TransMountain is aware of their presence, their purpose, and if these are owned by TransMountain or owned and the responsibility of another party.
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
