Compliance Verification Activity Report: CV1920-158 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1920-158
Start date: 2020-02-24
End date: 2020-02-28

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmental protection inspection of operations and maintenance (O&M) activities on the Trans Mountain mainline in Jasper National Park, Alberta. The purpose of this inspection was to verify compliance to mitigation measures, commitments, and other information associated with various plans and procedures submitted by the company. Areas of interest included, but were not limited to the following: erosion and sediment control measures, soil handling, equipment cleaning, site access, waste management, rare plant mitigation, secondary containment, and water management. The segment of NPS 24 pipeline undergoing O&M activities was deactivated in 2008 when the Anchor Loop pipeline project was completed. At the time of deactivation, oil was extracted from the pipeline and it was filled with inert nitrogen gas. Work activities observed included preparation for a pipe replacement at the Snaring River crossing and various integrity work locations. This inspection was conducted in conjunction with Indigenous Monitors representing the Indigenous Advisory Monitoring Committee, whose independent observations are included within this report.

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 - Day #1 - 25 February 2020

Date & time of visit: 2020-02-25 13:20

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 2 - Day #2 - 26 February 2020

Date & time of visit: 2020-02-26 12:05

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Dig Site #24

Dig Site #25Dig Site #26Sleeve #10Access over Unnamed CreekDig Site #27Caledonia Creek BridgeSleeve #11Sleeve #12Dig Site #28KP 382.2 Habitat TreesSleeve 8

Compliance tool used: No compliance tool used

Observation 3 - Day #3 - 27 February 2020

Date & time of visit: 2020-02-27 08:45

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Planting Plan Meeting
During a meeting with Trans Mountain representatives, the following was discussed regarding the Planting Plan:

Snaring River Pipe ReplacementConstruction YardBone Yard

Compliance tool used: No compliance tool used

Observation 4 - Information Request (IR) No. 1

Date & time of visit: 2020-02-25 13:37

Discipline: Environmental Protection

Categories:

Facility:

Observations:

On the south side of the Snaring River crossing, a generator was observed placed in secondary containment constructed from two rows of wooden dimensional lumber (skids) lined with poly sheeting. On site, company and contractor personnel were unable to confirm the volume of the fuel tank for the generator and the volume of containment. On 27 February 2020 the CER IOs observed that the containment had been improved by adding one more layer of skids to increase the containment volume, and the poly had been nailed down with wooden lathe.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the following information:

  1. The volume of the fuel tank for the generator.
  2. The volume of the secondary containment.

Due date: 2020-03-05

Date closed: 2020-03-25
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. 2

Date & time of visit: 2020-02-28 08:15

Discipline: Environmental Protection

Categories:

Facility:

Observations:

CER IOs observed inconsistencies in the construction of secondary containment at various locations throughout the inspection. During questioning of construction personnel, it was unclear what the specific purpose of the containment was at different locations (i.e. leaks from equipment, spills from fueling, or the potential of the fuel tank being punctured).

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Provide the hazards and how the risk will be managed for the potential contamination of soil and water by liquid hydrocarbons.
  2. Provide the procedures and specification(s) for ensuring that the environment is protected from the hazards that have been identified.
  3. Describe how the company will anticipate, prevent, manage and mitigate hydrocarbon contamination that could adversely affect soil and water.
  4. Provide confirmation that Trans Mountain environmental protection plans will be updated to include the results of the hazard assessment and risk management.

Due date: 2020-03-20

Date closed: 2020-03-23
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 - Corrected Non-Compliance

Date & time of visit: 2020-02-25 15:12

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During a pre-inspection meeting with Trans Mountain personnel on 31 January 2020, the difficulties of installing sediment fencing in winter conditions were discussed and company representatives confirmed that fencing would be installed as per specifications.

Observed that sediment fencing was not installed to specifications in four corners of abutments at the two bridges constructed over the Snaring River and side channel.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Repair the sediment fencing at the corners of the bridge abutments at the Snaring River and side channel as per the specification drawing in the Reactivation EPP, and provide photographic evidence upon completion.

Due date: 2020-02-28

Date closed: 2020-03-02
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 7 - Notice of Non-Compliance

Date & time of visit: 2020-02-26 12:19

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At integrity dig site #24, observed a generator placed within secondary containment constructed of one row of skids lined with poly sheeting. There was a gap in the corner of the skids that would not function properly to contain the volume of the fuel tank in the event of a release.

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

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Build secondary containment for the generator that is capable of containing the product stored in the fuel tank and meets the capacity of 110% of the total volume.
  2. Provide photo documentation confirming that the secondary containment meets regulatory requirements.

Due date: 2020-03-05

Date closed: 2020-03-25
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 - IAMC Indigenous Monitor Observations

Date & time of visit: 2020-02-25 06:15

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

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

OBSERVATIONS
The inspection team visited various locations and observed a variety of activities during the course of the inspection. Locations visited include:
- Several water course crossings (Snaring River, access bridge over an unnamed creek, and Caledonia Creek Bridge)
- Several integrity dig sites (24, 25, 26, 27, 28)
- Sleeve removal and replacement sites (8, 10, 11, 12)
- The Jasper construction yard
Examples of work activities observed include:
- Hydrovacing to expose pipe
- Stockpiling of salvage rock and soil
- Salvage willow harvesting
- Sandblasting
- Construction of bridge crossings over watercourses and set-up of water diversion systems
The inspection team took part in the TMC Safety Orientation prior to initiating the inspection, attended the daily TransMountain ULC (TMC) tailgate meetings and, at all locations, reviewed hazards with site foremen and signed the Field Level Hazard Assessments (FLHA).

Soil Management
Topsoil piles were observed at KP 360.2, active integrity digsites, an access over an unnamed creek, the Snaring River crossing and the Jasper Construction yard. Most topsoil piles were tarped and labelled, except the topsoil pile at the bridge over unnamed creek location which was not yet tarped. At several locations, piles of blasted rock from original construction were observed including Digsite 24 and Sleeve 8.

At the Snaring River Crossing, numerous types of well-marked stockpiles were observed including topsoil, riparian topsoil, and rare plant topsoil. Appropriate tarping was in place and there was good separation between piles. Active backhoe piling of rock and subsoil was occurring at the Snaring River Crossing during the time of the inspection.

Matting on access was used in various locations and activities at these locations were confined to the matting.

Erosion control measures were also observed at the Snaring River Crossing. Sediment fences were in place at the bridge across a secondary channel. On the February 26th inspection a Corrected Non-Compliance was noted as the tie-ins at the corners of the sediment fences required attention.

Vegetation
Willow stake harvesting and root ball salvage for use in future reclamation was observed at several locations.

At one location two habitat trees have been flagged for conservation.

Water Courses
At the Snaring River Crossing (KP 360.2), rig mats were used on the access to avoid erosion/sedimentation issues. Skimmer float booms were present on site if needed. The water diversion system was under construction at the time of inspection and was well-staked and identified.

Required setbacks from water bodies and wetlands are being maintained. For example, at Dig Site 26 signage was in place: “No re-fuelling within 100 m of water body or wetland.”

Health & Safety
The inspection team was informed that as there is potential for asbestos in old pipe coatings. Workers on sections of existing 24” line are trained in and equipped for asbestos management. During the inspection, the inspection team was informed that the pipe at Dig Site 24 was checked and cleared for asbestos.

At the Sleeve 8 dig site in the Jasper Town Site, the site is fenced off with good signage to prevent public access. Security is in place and only workers are allowed near the exposed pipe. During the inspection, hydrocarbon testing of the exposed pipe was taking place.

Housekeeping
Overall, security was on site in all necessary locations observed, work areas were clean and well organized, and proper signage was in place.

The Jasper Construction yard was clean and well organized. Matting was in place and the main parking area was confined to the matting. Aggregate storage was on mats at the east end of the yard. Waste management storage bins were sealed and labelled.

Secondary containment was observed at many of the inspection locations. For example, at the Snaring River Crossing (KP 360.2), secondary containment was in place for stationary equipment (e.g., heaters and generators). At Dig Site #24, a Notice of Non-Compliance was issued by the CER due to a gap in the corner of a secondary containment structure for a generator.

Compulsory drip trays were in use for all vechiles on the construction site.

Fire extinguishers were checked and found to be in good order at the Snaring River Crossing (KP 360.2).

Unresolved Issues / Observations
A Notice of Corrected Non-Compliance was issued by the CER for sediment fence not meeting the requirements of the specification at the Snaring River Crossing location. A Notice of Non Compliance was issued by the CER at Dig Site #24 because requirements were not met. Two Information Requests were issued to the company to obtain clarification of requirements for secondary containment during construction activities.

Compliance tool used: No compliance tool used

Observation 9 - IR No. 3

Date & time of visit: 2020-04-03 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Over the three days of inspection at various locations the CER Inspection Officers observed inconsistency in the construction of secondary containment. During questioning of construction personnel it was unclear what the specific purpose of the containment was at different locations, for e.g. leaks from equipment, spills from fueling, or the potential of the fuel tank being punctured.
 
Trans Mountain submitted IR No.2 response dated 20 March, 2020 to the CER Inspection Officers and clarification of the information provided is requested. In addition, further requests are found in IR No.3 to obtain information to evaluate compliance to the National Energy Board Onshore Pipeline Regulations with respects to the secondary containment observed during the operations and maintenance activities in Jasper National Park.

 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Section 6.2, Parks Specific Measure: A drip tray will be placed under the motor area of all vehicles and equipment that are parked for more than 30 minutes.” In the field we heard from the Parks Canada ESO that drip trays under every vehicle motor is not a Parks Canada requirement, rather it is a Trans Mountain requirement specific to work in Jasper National Park.  Please confirm.
  2. Spill Prevention - For each potential hazard the potential volume of the spill is not specified.  The volume would inform the size and type of secondary containment – e.g. spill pad, drip tray, constructed containment. Please explain how the revised wording in the EPP informs the field personal of the correct control to apply, and the volume of liquid product to capture.
  3. Spill Prevention - Is puncture of the fuel tank on a stationary piece of equipment a potential hazard, and if so, what is the control?
  4. Spill Prevention - For stationary equipment with built in secondary containment (integral secondary containment), is additional secondary containment required as a control for spill prevention?
  5. Waste and Hazardous Material Storage - What are the appropriate provincial and federal requirements for working in Jasper National Park?
  6. Waste and Hazardous Material Storage - What is the criteria the Trans Mountain Environmental Inspector applies when deciding if >1000 litres of hazardous materials can be stored within 100 m of a watercourse?
  7. Describe the process for developing the controls to prevent, manage and mitigate the identified hazards and the risks for potential contamination of soil and water from hazardous materials in a liquid form. For example have field personal been consulted?
  8. Describe how the controls to prevent, manage and mitigate the identified hazards and the risks are communicated to anyone who manages the risks.  For example how is the workforce trained to identify when the control is required and to what specification?
  9. Describe the process for inspecting and monitoring secondary containment to evaluate the adequacy and effectiveness. For example is there a checklist, and what is the frequency?
  10. Describe the process for taking corrective and preventive actions if deficiencies are identified. For example who is accountable to inspect, how is the deficiency communicated, and how is the action checked for adequacy in the absence of specification drawings?
  11. Describe how the person authorized to halt a construction activity has sufficient expertise, knowledge and training to competently carry out the inspection of secondary containment.
  12. Provide Trans Mountain inspection reports between 1 and 28 February, 2020 for the work being conducted in Jasper National Park that demonstrate inspection of a potential hazard that requires secondary containment as a control, and provide the relevant reference(s) in the associated Environmental Protection Plan(s).

Due date: 2020-04-14

Date closed: 2020-05-05
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 10 - IR No. 4

Date & time of visit: 2020-05-05 13:43

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Follow-up Information Requests from IO Analysis of IR No.3

  1. Please provide the justification for discontinuing the use of drip trays under vehicles parked for more than 30 minutes in Jasper National Park. Specifically, how did Trans Mountain (TM) determine that the hazard was low or non-existent, and therefore no longer required drip trays as a control during operation and maintenance activities?
  2. Please provide training materials demonstrating how the requirements of the Canada Energy Regulator Onshore Pipeline Regulations (OPR) 6.5 (1) (j) and (k) have been met to ensure that all Environmental Inspectors’ (EI) have the training and competency to determine the appropriate use of secondary containment as a mitigation measure, specifically when a specification is not available for reference.
  3. Based on the requirements of OPR s.6.5 (u), demonstrate how a Trans Mountain Inspector or Auditor would determine the adequacy of secondary containment for a tank containing fuel by submitting an example calculation for the size of the secondary containment required to capture all of the product released from a tank with an explanation. Submit for the following: a typical light plant, a typical generator, and a bulk storage tank used during the operations and maintenance activities.
  4. In reference to TM EI Report dated 13 February 2020, please submit the February 12 EI Report referenced in the TM IR No. 3 Response. The report states “Deficiencies noted during the yard inspection on Feb. 12, 2020 have been rectified. Secondary containment and waste management now in compliance. EI to close out outstanding deficiencies.” Please provide the reference to a specific regulatory requirement for the non-compliance, and describe how adequacy was measured.
     

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Please provide the justification for discontinuing the use of drip trays under vehicles parked for more than 30 minutes. Specifically, how did Trans Mountain (TM) determine that the hazard was low or non-existent and therefore no longer required drip trays as a control?
  2. Please provide training materials demonstrating how the requirements of the Canada Energy Regulator Onshore Pipeline Regulations (OPR) 6.5 (1) (j) and (k) have been met to ensure that all Environmental Inspectors have the training and competency to determine the appropriate use of secondary containment as a mitigation measure, specifically when a specification is not available for reference.
  3. Based on the requirements of OPR s.6.5 (u), demonstrate how a Trans Mountain Inspector or Auditor would determine the adequacy of secondary containment for a tank containing fuel by submitting an example calculation for the size of the secondary containment required to capture all of the product released from the tank with an explanation for the following: a typical light plant, a typical generator and a bulk storage tank used on the Project.
  4. In reference to TM EI Report dated 13 February 2020, please submit the February 12 EI Report referenced in the TM IR No. 3 Response. The report states “Deficiencies noted during the yard inspection on Feb. 12, 2020 have been rectified. Secondary containment and waste management now in compliance. EI to close out outstanding deficiencies.” Please provide the reference to a specific regulatory requirement for the non-compliance, and how adequacy was measured.
     

Due date: 2020-05-22

Date closed: 2020-06-02
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