Compliance Verification Activity Report: CV2122-122 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-122
Start date: 2021-11-29
End date: 2021-12-02

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 protection inspection of TMEP construction including Spread 7B, Westridge Marine Terminal and Burnaby Terminal. The inspection focused on erosion and sediment control (ESC) measures and water management.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Observations (no outstanding follow-up required)

Observation 1 - Spread 7B

Date & time of visit: 2021-11-29 13:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Spread 7B is located in an urban area and work is undertaken in a parceled manner, with numerous Construction Work Packages (CWPs).
 
Throughout the inspection, spill kits were observed in locations they were required (e.g., on equipment) and several were checked at random and confirmed to be stocked with spill response materials. Spoil piles were segregated, labeled, and tarped. Biosecurity inspection stickers were observed on equipment and drip pans were observed under stationary equipment. The IO reviewed the cleaning log for one randomly-selected excavator and no concerns were noted. The work areas were generally tidy and no construction related waste was observed. Signs were observed in areas requiring archeological monitoring, clearly indicating whether they were “orange”, requiring on-site monitoring for ground disturbance activities at depths greater than 70 cm or “red”, areas in which ground disturbance is prohibited and further archeological investigation is required. Areas marked as red zones were either fenced or roped off. Other signage was observed indicating the presence of sensitive features (e.g., traditional land use sites, watercourses).
 
Erosion and sediment control measures observed appeared to be functional and maintained, including near the Brunette River, where three rows of sediment fence were installed between the work area and the riparian zone.
 
CWP 82 – United Blvd
This CWP is located in a commercial area, with construction occurring within a roadway at approximately KP 1171. The Environmental Alignment Sheets indicate that this area is listed as a high potential for  historical contamination with some known areas of contamination.  
 
Company Representatives indicated that all water from the site (e.g., rainwater accumulated in excavations) was being treated as contaminated and pumped into an on-site water treatment plant.
 
Como Creek (BC-781), an S2 watercourse, is located within this stretch. No construction activities were observed within the riparian or instream areas. Company Representatives indicated that the pipeline would be laid within the existing road/bridge over the creek. No signage was observed in the vicinity of the watercourse prohibiting refueling (see IR No. 3).

Fraser River Crossing

The planned crossing method of the Fraser River is via horizontal directional drill (HDD). The exit side of the HDD is located on the north side of the river and Mary Hill Bypass, which is also part of the HDD, which has a total length of approximately 1500 m. The drag section of the pipeline was located on the exit side at Colony Farms. The entire site was fenced, and in some areas narrower than the approved workspace, which was marked with flagging tape. At the time of the inspection, the HDD had not been completed due to a drill stem break during pull through 1-2 days prior to the inspection (see IR No. 2).

The location of a terrestrial frac out (i.e., drilling mud release) was observed. Sandbags were piled around the area, which was vegetated. Company Representatives indicated clean-up had occurred via hydrovac. A second frac-out had occurred approximately 10 days prior to the inspection in an S2 watercourse. The watercourse was isolated with steel plates at the area of the frac-out and water was being pumped from upstream around the isolated area. Company Representatives indicated that no fish were salvaged from the watercourse and that clean up would be completed and the isolation removed once the HDD was completed. A gravel area approximately 3 x 1 meters was located within 5 m of the aquatic frac-out. Company Representatives indicated that a sink hole had previously developed in that location. 

At the north end of the site, Company Representatives indicated that Oregon forestsnails had been previously salvaged and relocated to suitable off-Footprint habitat. Two other areas were fenced off and had signage indicating they were Red zones and requried archeological monitoring. 

Compliance tool used: No compliance tool used

Observation 2 - Westridge Marine Terminal & Burnaby Terminal

Date & time of visit: 2021-12-01 09:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Waste was appropriately segregated (e.g., metal, wood, general waste, recycling), no litter was observed, and randomly checked spill kits were appropriately stocked.

Erosion and sediment control measures in place appeared functional and secondary containment was observed under parked equipment. 

Water management was discussed and observed at both locations. Three water treatment plants were in place at Westridge, and grout-laden water was kept separate from general surface water. Multiple water treatment and water retention areas were observed at Burnaby Terminal. No concerns were noted. 


 

Compliance tool used: No compliance tool used

Observation 3 - Information Request (IR) No. 1 - Pre-inspection Document Request

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Additional documents are required for inspection planning and scoping purposes. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Please provide the following documents by 9am MST on Monday 29 November 2021. 

Due date: 2021-11-29

Date closed: 2021-12-02
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 - IR No. 2 - Fraser River HDD

Discipline: Integrity Management

Categories:

Facility:

Observations:

At the exit (north) side of the Fraser River HDD, the Inspection Officer observed the location of two frac-outs and a sinkhole.
 
Company Representatives indicated that during pipeline installation the previous weekend the drill stem broke and the pipeline was cut to facilitate removal.
 
At the time of the inspection, a plan had not yet been finalized to complete the crossing. The Inspection Officer consulted with Pipeline Integrity Staff at the CER and it was determined that additional information is required. 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Company action required:

Please provide the following:

1. Explanation of event resulting in broken drill stem, including suspected contributing factors/cause.

2. Current status of HDD.

3. Plan going forward.

4. More details on the pipe to be reused, including pipe attributes, and process to evaluate its suitability prior to reuse (if applicable to plan in #3)

Due date: 2021-12-03

Date closed: 2021-12-07
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 5 - IR No. 3 - Signage

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Throughout the inspection, the IO observed that signage indicating for environmental features were difficult to locate in some areas (i.e., not in a prominent location) or were not in place. In addition, some of the signs observed were small (printed on letter size paper) and difficult to read from a distance. This observation does not apply to the signs for archeological monitoring requirements, as those signs were prominent and easily read from a distance. 

For example, along United Blvd, the IO observed that no signs were present to alert construction personnel of the upcoming watercourse, although a sign was present at the watercourse. With the absence of the sign, the IO was unable to determine the 100 m buffer to which fueling and servicing restrictions apply (EPP Section 6 #23; Section 7.9 # 138). ALthough the EPP does allow for the EI to grant exemptions to the fueling restrictions, it is unclear how, in the absence of signage, workers know they are within the 100 m buffer. When asked, Company Representatives indicated that the excemption requests are not tracked, but that they are not requested very often. 

At the Fraser River HDD, a sandwich board with information about sensitive species (e.g., barn owl, Oregon forestsnail) was in place at the entrance to the area. However, no signs were observed along the ~1500 m distance traversed by the IO, including in the area from which snails were salvaged.

Although the EPP outlines requirements for signage, it does not specify details about the requirements of the signs. For example, 
Section 6 #22 off the EPP requires signs to be posted in the vicinity of environmental features (e.g., wildlife features) to alert construction personnel to their presence, but the EPP is not specific as to the content of signs or the proximity to the features.


 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Explain how personnel are aware they are within a 100m watercourse/wetland buffer and that the fueling/servicing restrictions apply. 

2. Explain how personnel are aware of the potential presence of environmental features when the signs may not be in the immediate vicinity or in a prominent location. 

3. If any Management of Change processes were undertaken with respect to signage, provide documentation.

Due date: 2022-01-14

Date closed: 2022-02-02
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