Compliance Verification Activity Report: CV1920-165 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1920-165
Start date: 2020-02-18
End date: 2020-02-21

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmentally focused field inspection of the Trans Mountain Expansion Project’s (TMEP), Spread 2, which spans from Edmonton City limits, and extends to a point near Hinton, AB; ranging approximately 288 kilometers, and parallels Alberta Highway-16. The spread moves through the Boreal Forest Natural Region and the Foothills Natural Region, which is characterized by Central Mixed-wood and Dry Mixed-wood sub-regions of Alberta. The Inspection Officer was accompanied by two Indigenous Monitors representing the Indigenous Advisory and Monitoring Committee (IAMC), pursuant to subsection 102(5) of the Canadian Energy Regulator Act (CERA). The inspection targeted ongoing work activities on the Right-of-Way (ROW) and temporary work spaces (TWS), including Access Roads to the ROW. Other areas of interest included wildlife mitigation, wetland and watercourse crossings, waste management, storage and handling of hazardous materials, traditional land & resource use, heritage resource sites, invasive species and biosecurity management, and erosion and sediment controls.

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 - General Observations: Right-of-Way

Date & time of visit: 2020-02-19 10:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

General observations on the ROW occurred over a two day period. The Inspection Team attended the 6:30 AM company/contractor inspectors meeting both field days. Based on activities scheduled in the daily work plan, the team decided to start from the most easterly point where work was ongoing and move westward, selecting a variety of activities to observe. The ROW had been cleared in several areas and the inspection convoy was able to drive on the right of way, however, some locations were inaccessible at this time and required access by foot. The following observations were made:  

Biosecurity Measures 


Car wash – Biosecurity Cleaning for CER Vehicle

KP 215+500 – Area of Potential Soil Borne PathogensKP 215+720
Clearing, Stripping and Grading 


KP 146+712KP 215+720KP 249+000KP 249+200 KP 285+000
Access Roads
 

KP 155+980 – Shoefly 67A 
KP 285+280 (Associated with rare plant site)Watercourses and Wetlands 

KP 172+720 – Little Brule CreekKP 226+460 – Bench Creek (AB-132)
KP 246+710 – Sundance Creek
Other Areas of Interest

KP 269+800 – Traditional Land Use (TLU) SiteKP 223+300 – Road Bore

Compliance tool used: No compliance tool used

Observation 2 - General Observations: Construction & Lay-down Yards

Date & time of visit: 2020-02-18 15:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

The Inspection team inspected both Trans Mountain and Midwest construction yards on two separate days during the inspection week. On Tuesday, February 18, at the lay-down yard where the Trans Mountain and Midwest management trailers are located was inspected. On Friday, February 21, the Midwest construction yard was inspected. The following general observations were made:
 
Trans Mountain/Midwest Lay down Yard

Midwest Construction Yard

During the yard inspection, several areas were observed, including waste management, fuel and materials storage, and the biosecurity wash bay.
 

Compliance tool used: No compliance tool used

Observation 3 - Corrected Non-Compliance 1: Sediment Control Structures

Date & time of visit: 2020-02-19 14:03

Discipline: Environmental Protection

Categories:

Facility:

Observations:

While inspecting the pipeline Right-of-Way, near kilometer posting (KP) 198+800 and WT-446 (wetland feature), the inspection team observed access clearing activities through multiple wetland features, most of which are seasonal. Heavy equipment was present in the area, however work crews were observed as inactive. The following observation were made:

KP 198+800

WT-446

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

TMPU will provide evidence demonstrating they have achieved compliance with the legislative requirements, and have corrected the issues with sediment control near KP 189+800, and in the vicinity of wetland 446.

To assist in achieving compliance, photographic evidence will be provided to the CER to confirm corrective actions.  


 

Due date: 2020-02-21

Date closed: 2020-02-21
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 4 - Corrected Non-Compliance 2: Management of Waste Receptacles

Date & time of visit: 2020-02-21 10:02

Discipline: Environmental Protection

Categories:

Facility:

Observations:

While inspecting the Midwest construction yard, the Inspection Team observed several of the waste receptacles containing improperly segregated materials. The following observations were made:

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

TMPU must demonstrate how their management of waste materials is in compliance with the legislative requirements in the EPP and Appendix G – Waste Management Plan, with respect to waste segregation. 

Correcting the issues of improperly segregated waste materials will be completed with the measures provided under section 3.1.2 – Waste Disposal, which states:

1. All waste materials will be disposed of in accordance with Federal and Provincial legislation and Trans
Mountain policy, as required.


2. All waste must be characterized and classified so that it may be properly recycled or disposed of. It is
the Contractor’s responsibility for characterizing and classifying any waste generated for their
spread/work site prior to storage, transport and disposal.



TMPU will provide the CER with evidence, photographs and documentation, to confirm the waste has been segregated into the appropriate waste streams.


 

 
 

Due date: 2020-02-21

Date closed: 2020-02-24
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 - Notice of Non-Compliance: Release of Hydrocarbons on the ROW

Date & time of visit: 2020-02-20 15:19

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At a location near Hinton, AB, the Inspection Team accessed a site of higher elevation where access to the ROW was matted to mitigate compaction and rutting. When at an area of active clearing operations, on a slope and near a watercourse, the following observations were made:

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

TMPU will confirm the following measures have been undertaken to bring the issues of unsecured fuel nozzles, including containment requirements, back into compliance:






   TMPU will provide the following to the CER to confirm the hydrocarbon spill has been mitigated, which includes:

Due date: 2020-04-14

Date closed: 2020-04-24
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 6 - IAMC, Indigenous Monitor Observation 1

Date & time of visit: 2020-02-19 09:00

Discipline: Environmental Protection

Categories:

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.

Spread 2 of the Trans Mountain Expansion Project (TEMP)
 
 
Opening Meeting at Laydown Yard, West of Edson

Right of Way Inspection

Compliance tool used: No compliance tool used

Observation 7 - IAMC, Indigenous Monitor Observation 2

Date & time of visit: 2020-02-19 09:00

Discipline: Environmental Protection

Categories:

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.

SPREAD 2 - TMX

Feb 18-21. 2020
 

Opening remarks introduced CER io iamc IM’s , cci ltd and trans mountain staff 

Went overspread 2 orientation for the ones that were first time on spread still attended to take part in the orientation. Following up on an environmental inspection on the Midwest yard (Edson) observed the yard and looked at secondary containments and gas fuelling station. Waste management’s containers were all button-up and were properly stored materials. Labeling and drip trays were where they needed to be in place so that was cool to see. Biosecurity cleaning will be done before heading to the row (right of way) also attended the 6:30 AM company. inspectors meeting took place at Mid-west yard (Edson) got a rundown on activities that are actively working mostly continued accesses and bore push welds and stringing activity’s right down to clearing and stripping/grading.
 

Right of way inspection:

 
 

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:

- 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