Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Kinder Morgan Canada Inc
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
Environmental inspection of construction activities on Spread 2 of the Trans Mountain Expansion Project (TMEP). The inspection team included two Indigenous Monitors (IMs) from the Indigenous Advisory and Monitoring Committee (IAMC) and two CER Inspection Officers (IOs). The inspection scope focused on erosion and sediment control (ESC) and general environmental protection measures.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - General Observations
Date & time of visit: 2021-11-10 12:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Over the course of the inspection, the following overall observations were made:
Compliance tool used: No compliance tool used
Observation 2 - Indigenous Monitor Observation
Date & time of visit: 2021-10-06 12:00
Discipline: Indigenous Monitoring
The following section contains independent observations made by an Indigenous Monitor who accompanied the Canadian Energy Regulator Inspection Team during this inspection, as part of the CER’s commitment to the TMX IAMC’s Indigenous Monitoring Program. They are reproduced and publicized within my report for greater transparency. They are not my conclusions but represent one source of information among others I have considered throughout the inspection along with my own direct observations and information received from Trans Mountain.
Observation 3 - Corrected Non-Compliance (CNC) - Inappropriate Workplace Materials
Discipline: Management System
At the horizontal directional drilling (HDD) site for Road 6, a worker was observed with a sexually suggestive hardhat sticker. When raised by the IO, Trans Mountain representatives immediately addressed the situation through removal of the material. Trans Mountain indicated that the matter would be raised with all crews as a reminder of the expectations for a respectful workplace. No additional follow-up is required.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Officers consider the actions taken by Trans Mountain to be appropriate and no additional corrective action is required.
Due date: 2021-10-07
Date closed: 2021-11-08 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 4 - Notice of Non-Compliance (NNC) No. 1 - Grade Pile Erosion
At ~KP 309+790 a large pile of grade material was stockpiled in temporary workspace. Sediment deposition was observed off the Project Footprint, both to the north of the pile into a third-party RoW and to the east of the pile into forested Crown Land.
Compliance tool used: Notice of Non-compliance (NNC)
1. Take any needed measures to modify the grade pile and install appropriate erosion and sediment control to prevent the situation from deterioriating further. 2. Identify, assess and provide a corrective action plan for all areas where grade material has been deposited off RoW.
3. Provide a response indicating how the TMEP inspection program will be improved to prevent future recurrence of this issue at large grade piles across the Project.
Due date: 2021-11-05
Date closed: 2022-02-16 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.
Observation 5 - NNC No. 2 - Erosion and Sediment Control Failures, Maintenance, and Installation
Over the course of the inspection, multiple areas with inadequate erosion and sediment control (ESC) were observed. The inadequacies are generally described as follows:
IOs also observed crews repairing/reinstalling ESC in some locations. Ongoing discussions were held with Company Representatives throughout the inspection about ESC, including the frequency and scope of ESC inspections, tracking of maintenance/repairs, risk ranking for addressing issues, timing for addressing repairs/maintenance, ESC design and preparation for spring break-up. Company Representatives indicated that improvements to the ESC program were underway.
Trans Mountain will thoroughly inspect spread 2 for ESC deficiencies and add these to its deficiencies list, with related corrective actions and proposed timelines, and provide this updated list to IOs
Trans Mountain will provide a response regarding how it will be increasing oversight of ESC measures installation, maintenance and effectiveness on this and other spreads across the project. The response will contemplate training and competency as well as an assessment of need for both trained labour as well as inspection resources and a planned date of Project-wide implementation.
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
