Compliance verification activity type: Field Inspection
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 inspection of Trans Mountain Pipeline ULC (Trans Mountain or TMPU) Westridge Marine Terminal construction (part of the Trans Mountain Expansion Project), with a focus on foreshore work, sediment and erosion control, hazardous product storage and waste management practices.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Foreshore Area Construction
Date & time of visit: 2017-12-19 10:21
Discipline: Environmental Protection
Categories:
Facility:
Observations:
- NEB Inspection Officers (IOs) observed the area of rip rap removal immediately east of the existing utility dock.- Turbidity curtain observed in place around area of rip rap removal as outlined in the Westridge Marine Terminal (WMT) Environmental Protection Plan (EPP). Weather conditions at the time of the inspection was heavy rain and wet snow and some suspended sediment was observed in the water within approximately 1 m of shore and appeared to be contained within the turbidity curtain. IOs observed a heavy duty tarp secured to the slope covering the sediment that was exposed by rip rap removal. A company representative indicated that this was in place to prevent erosion and sedimentation.- Two excavators were observed on land immediately above the area of rip rap removal. Absorbant booms were seen between the excavators and the water. A company representative indicated that the booms were in place as a precaution in case a leak were to occur.- Company representatives indicated that the clamshell crane located on a nearby barge is the primary equipment involved in rip rap removal, and is friction drive (non-hydraulic), which minimizes risk of hydraulic fluid leaks. Diesel tank on this barge was observed to be within a secondary containment structure.- No activity was observed on the foreshore or in the water at the time of the inspection. Company representatives indicated that work was suspended for the day due to divers in the water locating and removing submerged wooden piles which were presenting a risk to barges in the area.- All activity was observed to be occurring north of the CP railway tracks.-NEB IOs observed a bald eagle above the trees south of site at the time of the inspection. A bald eagle was also observed perched on a treetop ~900m to the west of the site during the inspection. NEB IOs inquired about wildlife observations in the area during construction and company representatives indicated harbour seals had been observed exploring within the safety fence perimeter after it had been installed.
Compliance tool used: No compliance tool used
Observation 2 - Marine Construction
Date & time of visit: 2017-12-19 10:41
- Company representatives confirmed that hydraulic fluids on Pile Hammer equipment is vegetable-based to minimize environmental risk.- Company representatives indicated that barges are only loaded to one third capacity to minimize risk of siltation.- Preparations and equipment mobilization for pile driving work underway at time of inspection. Company representatives indicated that specific preparations of supporting equipment for subsurface hydroacoustic mitigation involving bubble curtains are underway. Company representatives indicated hydroacoustic monitoring is in place and active. NEB IOs requested, received and reviewed hydroacoustic monitoring data for the vibratory installation of H-Piles for the perimeter safety fence. The hydroacoustic monitoring report received presented a summary of the field program, and concludes that the fish injury threshold was never exceeded, including at the 10 m range based on a spherical spreading loss back-calculation. Company personnel indicated that contractor RWDI oversees acoustic monitoring which is done on a daily continuous basis. The contractor notifies TMPU of any exceedence and activities and mitigation are adjusted accordingly. For example, bubble curtains and shrouds can be readjusted during pile driving activities.-Company representatives indicated that marine mammal monitors are ready for deployment as impact pile driving commences (anticipated later this week). Setbacks including 150m for seals and 1km for cetaceans were discussed; NEB IOs note that the opposite shoreline of Burrard Inlet is within the 1km cetacean setback.-No issues noted at time of inspection.
Observation 3 - Onshore Construction
Date & time of visit: 2017-12-19 11:30
- NEB IOs observed an area of riparian vegetation clearing at the western extent of the foreshore area, immediately adjacent to the location of future sheet piles (see Observation - "Information Request #2".) - Several spill kits were checked (approximately 4-6) on equipment and light towers. All of the spill kits examined appeared in near new condition and were adequately stocked and maintained.-Hazardous product storage practices observed to be appropriate with all chemicals seen stored, labelled and organized appropriately in weatherproof containment.-Waste management practices observed to be appropriate with waste streams segregated appropriately and no hazardous wastes observed in domestic waste bins upon spot checks during the inspection.-Company personnel indicated lighting towers on site had been turned downward to minimize light pollution impacts in marine environment. This was based on feedback from the Aboriginal monitor, who indicated that lighting the nearshore area draws fish to the surface, where they are silhouetted and become vulnerable to increased predation by seals.-Housekeeping on site observed to be adequate with work areas tidy, well organized and free of debris and construction wastes.-Spill tray within portable generator storage tent at east end of site nearly overflowing with rainwater from major precipitation at time of inspection. Sheen observed on water in this tray, which was beneath a portable generator. This non-compliance was corrected during the inspection (see CNC #1 under separate observation).
Observation 4 - Corrected Non-Compliance (CNC) #1 - Secondary Containment
Date & time of visit: 2017-12-19 12:20
NEB IOs observed a small tent at the east end of the terminal used for storage of small equipment (e.g., generators). All equipment was located within secondary containment (drip trays). IOs observed that a drip tray containing a generator at the back of the tent was slightly beyond the weatherproof footprint of the tent and was collecting rainwater, and nearly overflowing. The water in the drip tray was observed to have a slight sheen on its surface. With the heavy rain at the time of the inspection, this tray was at risk of overflowing and its capacity to act as meaningful secondary containment was greatly reduced due to displacement by water.
Compliance tool used: Corrected Non-compliance (CNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Trans Mountain will:1. Remove and appropriately dispose of potentially contaminated water in the drip tray.2. Develop and implement a plan to prevent future occurence of this issue.
Due date: 2017-12-19
Date closed: 2017-12-19 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 - Information Request #1 - Land Based Equipment and Rip Rap Removal
Date & time of visit: 2017-12-19 14:30
NEB IOs observed two excavators located near the area of rip rap removal on the foreshore area east of the existing utility dock. Company representatives indicated that this equipment was not conducting in-water excavation, as this was being done by the clamshell crane on the nearby barge. NEB IOs and company representatives discussed the use of vegetable-based hydraulic fluids and lubricants for equipment in water, as per Section 8.0 (point 17) of the Westridge Marine Terminal EPP.NEB IOs reviewed the 12 December 2017 report prepared by the Aboriginal monitor; this report indicated that the arm of one of the excavators was in the water and raised questions about inspection and cleanliness of equipment.NEB IOs requested additional information to verify compliance to the requirements of the WMT EPP.
Compliance tool used: Information Request (IR)
1. Confirm which land-based equipment working in the foreshore is using vegetable based hydraulic fluids and lubricants. Provide justification if equipment is not using vegetable based hydraulic fluids and lubricants.
Due date: 2017-12-22
Date closed: 2018-01-02 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.
Observation 6 - Information Request #2 - Foreshore Vegetation Clearing
Date & time of visit: 2017-12-19 14:10
NEB IOs observed an area of riparian vegetation clearing at the west end of the foreshore area. Trans Mountain representatives indicated that clearing in this area was part of the approved Project Footprint and was completed to allow an excavator to access the intertidal zone during installation of the marine safety fence. Trans Mountain representatives further explained that an environmental incident report had been completed for this activity.However, IOs note that this activity is recorded by Trans Mountain as an "Environmental Issue", yet the Construction Progress Report for this period (REGDOCS - A88485) does not note any Environmental Issues. Refer to NNC #2 for additional information.NEB IOs have reviewed the Environmental Incident Report but note that it does not include details about the clearing of vegetation to allow excavator access. IOs require additional information to verify compliance.
Please provide:1. Diagrams showing that the area cleared is part of the approved Project Footprint.2. Documentation demonstrating that the area cleared is essential for construction.
Due date: 2018-01-19
Date closed: 2018-02-27 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 7 - Information Request #3 - Razor wire on Marine Perimeter Safety Fence
NEB Inspectors held a meeting with the Aboriginal monitor for the Westridge Terminal construction to review his observations and any outstanding concerns to date. During the discussion, NEB Inspectors became aware of details of the marine safety fence, including that razor wire exists on the fence for security purposes. The Monitor had previously raised concerns from his Nation that the fence could present a risk to bird life in the area. At the time of the meeting it was not clear to NEB Inspectors how this potential environmental hazard has been assessed by Trans Mountain.
Trans Mountain will provide a discussion and analysis of the potential hazard to wildlife presented by razor wire on the floating site perimeter fence. The response will include a discussion of mitigation to control any identified hazards.
Date closed: 2018-02-05 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.
Observation 8 - Notice of Non-Compliance (NNC) #1 - Environmental Protection Plan
Date & time of visit: 2017-12-19 14:00
Certificate of Public Convenience and Necessity (CPCN) OC-64 (REGDOCS - A80871), issued by the National Energy Board (NEB or Board) on 1 December 2016, includes authorization for the construction and operation of the Westridge Marine Terminal as part of the Trans Mountain Expansion Project. CPCN OC-64 outlined conditions that Trans Mountain was required to meet prior to commencing construction activities at the Westridge Marine Terminal. CPCN OC-64 provides the following definition: For approval – Where a condition requires a filing or filings for NEB approval, Trans Mountain must not commence the indicated activity until the NEB issues its written approval of that filing or filings.Condition 81 of CPCN OC-64 required Trans Mountain to file with the NEB for approval, an updated Project-Specific Westridge Marine Terminal (WMT) Environmental Protection Plan (EPP) (emphasis added).On 30 August 2017, the Board issued Condition Compliance Letter Report No. 4 (Letter Report No. 4) for the WMT EPP (REGDOCS - A5T6Z8). Letter Report No. 4 approved the 17 August 2017 WMT EPP, stating “The NEB is of the view that Trans Mountain has met the requirements of Condition 81 and approves the Westridge Marine Terminal Environmental Protection Plan subject to the inclusion of directions found in Appendix 2." Appendix 1 of Letter Report No. 4 indicated that the Board had identified some outstanding concerns regarding the Condition 81 filings, which are considered minor and errors in consistency between interrelated filings. Appendix 2 included a table identifying the remaining issues and Board Direction.IOs reviewed a hard copy of the WMT EPP in the field (dated August 2017) and in order to verify whether the updates required by Letter Report No. 4 had been implemented IOs sent an Information Request (IR) to Trans Mountain requesting: confirmation whether the WMT EPP had been updated as per Letter Report No. 4; the date on which the WMT EPP was updated; and an electronic copy of the updated WMT EPP.Trans Mountain responded to the IR with an updated WMT EPP (Rev 4) dated December 2017.IOs note that the 17 August 2017 revision of the WMT EPP referenced in Letter Report No. 4 is identified as “Rev 3”. Given that Rev 4 is dated December 2017 and construction activities at WMT commenced 29 September 2017 (Construction Progress Report filed 6 October 2017 [REGDOCS - A5V2V1]), IOs have concluded that Trans Mountain commenced construction activities at Westridge Marine Terminal prior to updating the document to include the information outlined Appendix 2 of Letter Report No. 4. Upon discovery, IOs assessed the situation and determined they did not have reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment was being caused by this non-compliance at the time of the inspection; however, IOs note this is a non-compliance to Board Direction in Letter Report No. 4 and Condition 1 of CPCN OC-064.After reviewing Rev 4, IOs have confirmed that some items in Appendix 2 (e.g., item #5 - migratory bird nesting period) of Letter Report No. 4 have not been incorporated and the EPP requires additional updates.
Compliance tool used: Notice of Non-compliance (NNC)
Trans Mountain will:
Date closed: 2018-04-20 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 9 - Notice of Non-Compliance (NNC) #2 - Construction Progress Reports
Date & time of visit: 2017-12-19 12:00
NEB IOs requested information via Information Request (IR) (see "Information Request #2").During review of the IR response and supporting documentation, IOs noted that an excavator in the intertidal zone was recorded by Trans Mountain on an Environmental Issues List on 9 November 2017 and was identified as WMT-EI-06.The Environmental Issues List reviewed by IOs also indicates that an excavator drove into the marine intertidal zone and that the Vancouver Fraser Port Authority (VFPA) permit condition 41 states that "Land-based equipment and machinery should not travel along the intertidal foreshore beyond the footprint of the foreshore extension area". The associated corrective action indicates that going forward land-based equipment will not be permitted to travel in the intertidal zone outside the foreshore expansion area.IOs note that the Construction Progress Report (REGDOCS - A88485) indicates that no environmental issues were reported during the reporting period (Nov 1-30 2017). The Construction Progress Report further indicates that no non-compliances were identified during the reporting period.Based on the documents reviewed, NEB IOs find Trans Mountain to be in non-compliance to Condition 106 of CPCN OC-64 for the exclusion of at least one enviornmental issue and non-compliance from the Construction Progress Report for the period of 1-30 November 2017.
Trans Mountain will:1. Provide a discussion of the cause(s) that led to the exclusion of these and any other environmental issues and/or non-compliances from past Condition 106 filings.2. Develop, implement and provide a plan to prevent reoccurence and address any deficiencies identified in (1) and to ensure that future Condition 106 filings accurately reflect any environmental issues and/or non-compliances.3. Include all environmental issues and non-compliances to date in the next Condition 106 filing (i.e. February 2018).
Due date: 2018-04-06
Date closed: 2018-06-14 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: Referred to enforcement
Compliance achieved: No
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
