STÓ:LŌ Discussion Guide by CopperMoon

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Table of Contents Introduction 4 Petroleum Products 5 Oil Transportation through S’ólh Téméxw 8 Relative Risks

Environment 11 Volume 12 Frequency 13

Accident Prevention

Federal Legislation 15 Provincial Legislation 16 Regulatory Framework 19

Emergency Response

BC Spill Response Regime 25

Sources

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Introduction Striving for Lets’emó:t: A dialogue about developing a Stó:lō Safety Regime is a workshop designed to focus on improving the safety of oil transportation through S’ólh Téméxw, the traditional territory of the Stó:lō people. The workshop is convened by the S’ólh Téméxw Stewardship Alliance and brings together multiple perspectives including Stó:lō leadership and traditional knowledge carriers, neighbouring communities, industry, municipal, provincial and federal governments, regulators and emergency responders. Broadly speaking, the goals of the workshop are to: 1. Arrive at a shared understanding of current and anticipated petroleum product movement through

S’ólh Téméxw; and 2. Identify options for improving prevention and preparedness as well as emergency response oversight.

This discussion guide is offered by the S’ólh Téméxw Stewardship Alliance as a resource for participants at Striving for Lets’emó:t. It is meant to contextualize the conversations that will take place over the course of the two-day workshop, by providing information about the nature and associated risks of petroleum products being moved through the territory, relevant legislation and regulatory bodies, and the existing and anticipated roles and responsibilities in emergency response. The information in this guide reflects a range of sources, including reports from government bodies, regulators and media. While not an exhaustive source of information, the guide provides helpful context for dialogue participants, to enable informed, solution-focused conversations. Participants are encouraged to seek out additional information and perspectives at the workshop and following the workshop as they formulate opinions about emergency preparedness and response and participate in the process of improving the Stó:lō safety regime

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Petroleum Products The term “petroleum products” broadly refers to crude oil and its related products. Crude oil is a naturally occurring liquid made up of hydrocarbons that can be refined to create a range of products such as gasoline, diesel, industrial fuel oil and asphalt.

Oil sands, shown below, are a mixture of bitumen, sand, and clays. After extraction from the sand and clay, oil sands bitumen is a crude oil that has lost its gasoline and some of its diesel through biodegradation. So the oil now consists of diesel, industrial fuel oil, and asphalt. The loss of the gasoline makes the oil more viscous than conventional crude oil, with a consistency comparable to golden syrup when fresh. Bitumen is waterproof and has been used by humans for a wide variety of tasks and tools for at least the past 40,000 years. In Canada, First Nation peoples once used bitumen from seeps along the Athabasca and Clearwater Rivers to waterproof their canoes.

Photo courtesy of TransCanada “Persistence” is the term used to describe the length of time that the components of an oil product remain in the natural environment when spilled or released. This idea of persistence can be used to categorize petroleum products into five groups:

Group I or Non-persistent Oils: A petroleum-based oil that consists of hydrocarbon fractions: • At least 50% of which, by volume,

What does it mean to distill? Crude oils are distilled to separate the millions of different hydrocarbon molecules in the crude oil based on ‎their boiling point. Just like distillation of whisky separates methanol (a poison) from the product, by heating crude oil in the refinery, the hydrocarbons are separated into different boiling point

distils at a temperature of 340

fractions that then are given product names such as

degrees Celsius; and

“gasoline” and “diesel” and “asphalt”.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

• At least 95% of which, by volume, distils at a temperature of 370 degrees Celsius

Compared to products categorized in groups II – V, Group I products generally have lower viscosity* and dissipate more quickly in the environment. Dissipation includes evaporation and moving from the spill site in the air, dissolving and moving away from the spill site in the water, and biodegradation. *Viscosity is a measure of a liquid’s resistance to flow. It corresponds to the liquid’s thickness. For example, honey has a higher viscosity than water. Examples of Group I oils include diesel, kerosene and gasoline.

Group II – V or Persistent Oils: Group II: Specific gravity* less than 0.85 crude Group III: Specific gravity equal to or greater than 0.85 and less than 0.95 Group IV: Specific gravity equal to or greater than 0.95 and less than 1.0 Group V: Specific gravity equal to or greater than 1.0 *Specific gravity is a product’s density relative to water. The specific gravity of fresh water is one. When the specific gravity of an oil is less than 1, the oil is able to float on top of the water if the water is calm. As the oil “weathers” by evaporation of the lightest components in the oil (i.e. gasoline), then the density of the oil increases. If the density increases to be equal or greater to one, then the oil will become submerged below the surface of the water. If the water has high energy and is turbulent, the oil can mix into the water despite its density, if it has low viscosity (like stirring cream into coffee). Examples include: Alberta light crude (Group II), Alberta medium to heavy crude and dilbit (Group III), heavy fuel oil (Group IV), and oil sands bitumen or asphalt (Group V).

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Dilbit is a controlled blend of bitumen and lighter petroleum products, typically naphtha-based condensates. The bitumen is diluted with the lighter product to reduce viscosity and density so it can meet pipeline quality specifications and flow through pipelines. Diluted bitumens such as dilbit are Group III oils until their “light ends” (lowest boiling components consisting of gas and gasoline fractions) evaporate during weathering*, then they become Group IV and very close to Group V oils. • Bitumen is too viscous to flow through a pipe. It is mixed with diluent to be transported by pipeline. For pipeline transportation of the diluted bitumen out of Alberta, the oil must meet National Energy Board quality specifications. • Pipeline diluted bitumen is generally about 70 per cent bitumen and 30 per cent diluent. With rail, it is estimated that ratio can be dropped to 10–15 per cent diluent, or even lower. • Undiluted bitumen has a flash point of +166ºC and so would not explode. • Dilbit has a much lower flash point than raw bitumen. In fact it has an ignition point at -35ºC, compared to -9ºC for conventional light oil. *Weathering refers to the process of changing physical and chemical characteristics of spilled oil over time. If dilbit were spilled in fresh or salt water, it will stay on the surface for days. With weathering, whereby the gas and gasoline fractions mix in the water and evaporate, the remaining oil can become submerged. For low viscosity oil like conventional crude, if it is spilled into turbulent water, the oil would readily mix into the water despite its low density.

Photo courtesy of Syncrude Canada

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Oil Transportation through S’ólh Téméxw Across Canada, petroleum products are moved from refineries and ports to end-users through a complex system including pipelines, railways, trucks, ships, and in some cases air transit. While the bulk of petroleum products have traditionally been transported to markets by pipeline, recent years have seen an increase in the movement of these products by rail.

S’ólh Téméxw S’ólh Téméxw extends from the 49th parallel at Frosty Mountain near Manning Park, northward to Ross Lake watershed and on to the Coquihalla Lakes. Westward from there the boundary meets Hidden Creek, near Spuzzum, and crosses the Fraser River to follow Spuzzum Creek to Harrison Lake Watershed. The boundary extends northwest and crosses at Lillooet River ten miles north of Port Douglas. The line then extends west, including the watersheds of the Stave Lake, Pitt Lake, Indian Arm and Capilano River, and then down from West Vancouver to White Rock and back due east along the 49th parallel to Frosty Mountain.

S’ÓLH TÉMÉXW USE PLAN

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Fraser

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Date Saved: 19/12/2014 11:05:44 AM

Trans Mountain Pipeline Kinder Morgan is proposing an expansion of its 1,150km Trans Mountain pipeline which runs through S’ólh Téméxw, and begins in Strathcona County (near Edmonton), Alberta, ending in Burnaby, BC. The proposed project includes: • 994km of new, buried pipeline that would twin the existing pipeline, including 7km of new buried

delivery lines from the Burnaby Terminal to Trans Mountain’s Westridge Marine Terminal • New pump stations (an increase from 23 to 31) and storage tanks (an increase from 40 to 74) • An overall increase in operating capacity from 300,000 barrels per day to 890,000 barrels per day.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Highways within S’ólh Téméxw transporting petroleum products 1. Highway 1 – union bar to Burnaby terminal – 180 km – 98.8 alongside Fraser River [including

terminal area] 2. Highway 5 to Highway 1 – from Union Bar to Terminal – 204 km 3. Highway 1 to Highway 7 from Union Bar to Burnaby – 177 km – 121km alongside Fraser River

[including terminal area]. Note: at this time, hazardous goods are not allowed to be transported along this route.

Railways within S’ólh Téméxw 1. CN Rail – 166.77 km from Union Bar through

to Burnaby – including adjusted points of diversion for US delivery with ~ 47.44km along the Fraser River 2. CN Rail – 151.72 km from Union Bar to

In 2014, more than 4,100 cars carrying roughly 333,500 tonnes of crude oil moved through B.C. This is an increase from all from all previous years.

N. Vancouver 3. CP Rail – 165km from Union Bar to Vancouver ~ 147.98 km along the Fraser River

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Relative Risks All modes of petroleum product transportation have relative advantages and disadvantages. According to a report by the Standing Senate Committee on Energy and the Environment and Natural Resources, “for the most part, oil and natural gas are moved safely in Canada. Transmission pipelines moved liquid product 99.9996% of the time without spills in Canada and railcars have an average of 99.9% for dangerous goods.” That said, no activity is risk free, and it is important to understand the risks posed by each form of transportation in order to have a productive conversation about safety. There are a number of lenses that can be used to examine the risk of a potential incident. Here, we consider the risks associated with various transportation methods in terms of the environment in which a potential incident may take place, the potential volume of product spilled or released, and the relative frequency of reported incidents. It is important to bear in mind that risks can be further complicated by factors such as: • The age and quality of the infrastructure or equipment being used to transport the product; • The strength of regulations including monitoring standards; and • The properties of the product being transported.

Environment The impact of any oil spill depends greatly on the location of that spill and the climate. Land based spills are typically more localized than water based spills. Spills that occur in water can spread quickly. In water, oil can sit on top of the surface and prevent sunlight from penetrating below the surface affecting vegetation and animals living below the surface. After a process of weathering (described on page 7), spilled oil can also sink below water surfaces. If fresh oil has low enough viscosity it can mix into the water and interact with sediment. This can result in oil sinking. Climate is another determining factor. In cold temperatures, oil spilled on land can spread rather than permeating the earth. In cold water, the persistence of light crude oils and light fuels (which have a natural tendency to evaporate) may increase, as colder temperatures slow evaporation. Oils are the most viscous at cold temperatures. Most petroleum products have the potential to either catch fire or explode, creating an immediate hazard. If crude oil is spilled for example, the light ends will release flammable and potentially explosive hydrocarbons into the air. Products may also contain a variety of toxic chemicals such as benzene, hydrogen sulphide, toluene and xylene, which are hazardous to human health. STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Pipeline Between 2003 and 2013, the majority of pipeline accidents occurred at facilities such as compressor stations, gas processing plants, pump stations or terminals, rather than the actual line pipe. In these cases, spills are often contained within the facility. In the pipe, incidents have occurred as a result of metal loss (corrosion) or external interference such as contractors’ activities causing damage. Other causes may include geotechnical failure, or equipment failure. Spill mitigations depend upon quick detection and being able to minimize spill volume.

Rail Trains operate above ground, on tracks, presenting a unique set of factors and hazards to consider in relation to the potential environmental impact including the maintenance of rail line, the number of tank cars, and placement of interchanges. Rail lines pass through a mix of urban and rural areas, and may cross bridges over water. Spill volumes tend to be restricted to one or a few cars.

Truck Relatively speaking, trucks are small and mainly on land, so large spills to waterways are less likely than any other mode of transport. On the other hand, trucks share infrastructure with the general public and can operate in densely populated areas. This increases the risk of accidents, including collisions and accidents at crossings. Collisions may involve multiple vehicles and can occur at high speeds, which may increase the risk of fire and explosion.

Volume It is difficult to compare the total volumes of petroleum products transported or released by pipeline, rail and truck in Canada (see more in the “knowledge gap” section that follows). American researchers at the Manhattan Institute for Policy Research assert that pipelines release more oil per spill than rail, but less than road. This is in contrast to Global News’ research finding that the average spill volume across the three modes in Canada is highest for trains.

Pipeline Across Canada, more petroleum products are transported by pipeline than by any other mode. Approximately 3 million barrels of crude oil travel through Canada’s crude oil pipeline network every day. According to the Canadian Energy Pipeline Association (CEPA), that is enough to fill 15,000 tanker truckloads or 4,200 rail cars.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Rail One rail tank car carries about 30,000 gallons (approximately 700 barrels). The transport of oil by Canadian Class 1 railways is estimated at 230,000 barrels

Canadian Association of Petroleum Producers (CAPP) estimates that in 2018 between 500,000 and 600,000 barrels per day of western Canadian crude oil will be transported by rail if the Keystone XL pipeline is not in place.

per day.

Truck A single tank trailer only holds about 9,000 gallons or 200 barrels, a little under a third of a rail car.

Frequency Pipeline The following excerpts are taken from Transportation Safety Board (TSB) of Canada’s Statistical Summary – Pipeline Occurrences 2014. Five pipeline accidents were reported to the TSB in 2014, down from a total of 11 in 2013 and down from the annual average of 10 in the previous 5 year period (2009–2013). Over the past 10 years (2005–2014), 42% of pipeline accidents occurred at compressor stations and gas processing plants, and 27% occurred on transmission lines. The remaining pipeline accidents (31%) occurred at pump stations, terminals, meter stations, and on gathering lines. In 2014, 2 pipeline accidents involved line pipe and 3 pipeline accidents occurred at facilities (2 at compressor stations and 1 at a transmission line remote valve site).

Rail The following excerpts are taken from TSB’s Statistical Summary – Railway Occurrences 2014. Five accidents resulted in a dangerous goods release in 2014, down from 7 in 2013, but up from the five-year average of 4. One of the 5 accidents involved a release of petroleum crude oil. In 2014, there were 25 main-track derailments involving dangerous goods, up from 11 in 2013 and up from the five-year average of 12. Three of these resulted in a release of product (crude oil, jet fuel, and petroleum distillates). Dangerous goods were involved in 33% of non-main-track collisions, none of which resulted in a release of product. STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Truck The following information was provided by the BC Trucking Association for inclusion in this guide: In 2012 there were about 1.64 spills per 10,000 shipments. • About 71% of spills occurred during loading or unloading. Releases during loading were most common

(52%). The most common cause of spills was equipment failure (35%) or employee error (28%). • Crashes while in-transit accounted for 53 (16%) of total spills for a frequency of 0.27 per 10,000

shipments. About 80% of crashes that resulted in spills only involved a single vehicle.

A KNOWLEDGE GAP Informed decision-making requires a baseline of reliable information. With the limited information that is currently available it is not possible to fully evaluate, and therefore challenging to make informed decisions about, the relative risks and impacts of petroleum product transportation. Below we highlight some issues that contribute to an apparent knowledge gap: • Main line pipeline releases are only reported if they exceed 1.5 cubic meters. »» There is no minimum reporting threshold for dangerous goods rail spills or leaks. • National Energy Board (NEB) regulates pipelines that cross provincial or national boundaries. Provinces regulate pipelines that do not cross boundaries. Provinces and the NEB have different reporting requirements. • Statistics Canada provides rail accident data for dangerous goods by dangerous goods classes. The hydrocarbons that are comparable with pipelines fall under both Class 2-gases and Class 3 - flammable and combustible liquids, and these categories have products in them that are not hydrocarbons transported by pipelines. • Transport Canada stopped tracking volumes shipped by truck in 2010. • Statistics Canada tracks pipeline volumes, but does not indicate how much of the volume is diluent. • Volumes transported by pipeline are tracked in cubic meters or other liquid measurements while truck and rail volumes are measured in kilograms (there is no common scale for comparing traffic volumes or safety statistics).

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Accident Prevention Prevention measures in Canada include regulations, standards and legislation aimed at preventing an incident from occurring, or mitigating the effects of a potential incident. Relevant legislation is listed below, followed by an outline of the regulatory framework governing petroleum product movement through S’ólh Téméxw.

Federal Legislation Canadian Environmental Assessment Act: Administered by the Canadian Environmental Assessment Agency. Sets forth processes and standards by which projects are reviewed to mitigate adverse environmental effects and to encourage sustainable development. Canadian Environmental Protection Act: Administered by Environment Canada. Provides for the protection of the Canadian environment and human health. Includes sections dealing with (for example) pollution prevention, control of toxic substances, spill reporting, and requirements for environmental emergency plans. Canada Oil and Gas Operations Act: Promotes safety, environmental protection, conservation of oil and gas resources, and joint production arrangements. The act is jointly administered by the Department of Natural Resources and Indigenous Affairs and Northern Development Canada. Canadian Transportation Accident Investigation and Safety Board Act: Deals with accident investigation and establishes the independent relationship between the Transportation Safety Board and the Government of Canada. It provides powers to: conduct independent investigations into selected transportation occurrences and to make findings as to their causes and contributing factors; identify safety deficiencies as evidenced by transportation occurrences; make recommendations designed to eliminate or reduce safety deficiencies; and report publicly on investigations and related findings. Canada Transportation Act: Consolidates the National Transportation Act and Railway Act, providing the Canadian Transportation Agency (an independent tribunal) a mandate to govern the economic regulation of the various modes of transport under federal jurisdiction. Emergency Management Act: Requires all federal ministers to identify risks within their area of responsibility and to prepare emergency management plans in respect of those risks. Under EMA the Minister of Public Safety is responsible for coordinating the Government of Canada’s response. Indian Oil and Gas Act: Governs oil and gas exploration and production on Aboriginal lands which are not the subject of a settled land claim.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

National Energy Board Act: Establishes the National Energy Board (NEB) and its authority over certain petroleum matters, including: the administration of oil and gas interests; production and conservation activities; construction and operation of interprovincial pipelines; traffic, tolls and tariffs on pipelines; export and import of oil and gas; and the interprovincial trade of oil and gas. The Act also sets out primary responsibilities for the NEB and provides the legal framework that ensures federally-regulated pipelines are designed, constructed, operated and abandoned in a manner that is safe for the public and environment. Pipeline Safety Act: Amends the National Energy Board Act to strengthen the federal pipeline safety system around prevention, preparedness and response, liability and compensation. Enshrines the polluter-pays principle in law, clarifies audit and inspection powers of the NEB and ensures companies remain responsible for their abandoned pipelines. Railway Safety Act: Administered by Transport Canada. Includes a requirement for railways to implement a safety management system (SMS). Safe and Accountable Rail Act: Amends the Canada Transportation Act to enhance the rail liability and compensation regime, establishing: risk-based minimum insurance levels for federally regulated freight railways ranging from $25 million to $1 billion; clearly defined railway liability, including without the need to prove fault or negligence for accidents involving crude oil or other designated goods; and a shipper-financed compensation fund that would be assessed in the case of an accident involving crude oil or other designated good, when the costs exceed a railway’s insurance level Transportation of Dangerous Goods Act: Administered by Transport Canada, promotes public safety during the transportation of dangerous goods by all modes of transport throughout Canada. The Act governs the means of containment, handling, offering for transport, and transporting of dangerous goods in Canada.

Provincial Legislation Emergency Program Act: Provides enabling legislation that authorizes the Director of the Provincial Emergency Program to declare and designate any area of the province a disaster area (i.e. State of Emergency), and during an emergency, to employ or summon the assistance of non-governmental personnel, use private property, and initiate evacuations. Environmental Management Act: Applies to a major oil spill, industrial accident, or environmental emergency. Sets out requirements for disposal of oil and hazardous materials, spill prevention and reporting, and pollution abatement and authority for spill costs recovery. *The Ministry of Environment is currently proposing amendments to the Environmental Management Act*

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Motor Vehicle Act: Reflects National Safety Code standards, outlines requirements for obtaining a safety certificate in order to operate a commercial motor vehicle in the province, grants powers to the Director of the Commercial Vehicle Safety Enforcement branch of the Ministry of Transportation and Infrastructure,, and allocates responsibilities to carriers. Wildlife Act: Administered by the Ministry of Environment. Provisions related to environmental emergencies include: • Section 7: Establishes that it is an offence to alter, destroy or damage wildlife habitat or deposit on land

or water a substance or manufactured product or by-product if wildlife or wildlife habitat is harmed; and • Section 8: Allows the government to recover damages and take a right of action against a person who

destroys or damages wildlife habitat in a wildlife management area.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

BCTA RECOMMENDATIONS Unfortunately, due to scheduling conflicts, representatives from the BC Trucking Association were not available to attend the Striving for Lets’emó:t workshop. They offer the following legislative and regulatory-related recommendations for consideration: 1. Given the limited risk associated with spills from less than truckload quantities, BCTA recommends that any provincial spill preparedness and response framework apply only to liquid bulk tankers. 2. Since many liquids are benign from an environmental risk perspective, BCTA recommends only specific liquids known to pose a serious and significant risk to the environment be covered by the spill preparedness and response framework. 3. The provincial spill preparedness and response framework should not duplicate or overlap any other related or similar regulations or voluntary programs and processes that already apply or are available to the trucking industry. 4. Building on the current framework of spill prevention. For example, working in concert with Transport Canada, aspects of transportation of dangerous goods training could be strengthened. 5. Prevention would also be enhanced by implementing recommendations made by BCTA and the Canadian Trucking Alliance to mandate electronic on-board recorders, which would improve compliance with commercial driver hours of service and activating speed limiters to a maximum of 105 kph on trucks. Hours of service regulations are designed to reduce driver fatigue. While the trucking industry’s crash rate is low (about 4% of all crashes in BC), since driver error is the most commonly cited crash factor, reducing the likelihood of fatigue would provide a positive contribution to road safety by reducing crash risk. Reducing speed not only reduces the risk of crashes, but also diminishes severity when crashes occur. 6. Lastly, BCTA recommends that the Ministry use this process to encourage shipper responsibility given the influential role shippers play in selecting trucking companies. From the perspective of BCTA, it is imperative that shippers become educated about and take responsibility for their choice of transportation partners. Focusing on price, without consideration to quality of service, personnel and equipment, is shortsighted and potentially detrimental. The Ministry has an opportunity to help address this shortcoming through this initiative which, at the same time, would support the overall goal of reducing the likelihood of spills.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Regulatory Framework Federal government The federal government is responsible for regulating the domestic and international movement of dangerous products by road, rail, air, and ship, and for regulating the movement of dangerous products via pipeline across provincial and territorial borders and across international borders. The two federal organizations most involved are Transport Canada, which is responsible for overseeing compliance with legislation for the transport of dangerous goods via road, rail, air, and ship, and the National Energy Board, which regulates the transport of oil and gas and other petroleum products via international and interprovincial pipelines.

Provincial government The provincial government is tasked with ensuring that federal regulations for the transport of dangerous products are implemented. BC has also established its own laws to regulate the transport of dangerous products by road and pipeline, where applicable.

Industry Those transporting dangerous products have an obligation to ensure they comply with legislation, regulations, and standards.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Regulatory Framework PREVENTION MOTI-CVSE • Monitors Carrier Proﬁles • Advises carriers to complete a safety plan self assessment if performance is poor • Conducts NSC Compliance Reviews • Completes NSC Carrier Audits

TC • Sets regulations Inspects/audits

Minister of Environment • Prohibits or halts any work that has/ potentially has a detrimental environmental aﬀect

BCOG: CVSE: ECCC: EMBC: MOTI:

Provincial Oversight

Federal Oversight

PREPAREDNESS MOTI-CVSE • Advises carriers to complete a safety plan self assessment if performance is poor • Conducts NSC Compliance Reviews • Audits

TC • Veriﬁes compliance to regulations it sets • Issues penalties for non-compliance

TC- TDG • Veriﬁes compliance • Inspections • Audits • Awards certiﬁcates

TC • Veriﬁes compliance to regulations it sets • Issues penalties for non-compliance

TC- TDG • Sets training regulations • Approves ERAPs

NRCan • Sets policy framework

BCOGC • Participates in training drills

NEB • Reviews reports and records • Sets training regulations • Ensures ERAPs meet legislative requirements • Enforces industry preparedness measures

TC- TDG • Veriﬁes compliance • Inspections • Audits • Awards certiﬁcates

NEB • Implements policy framework • Inspects / audits • Reviews industry records • Veriﬁes compliance

BC Oil and Gas Commission Commercial Vehicle Safety and Enforcement Environment and Climate Change Canada Emergency Management BC Ministry of Transportation and Infrastructure

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

TC- TDG • Sets training regulations • Approves Emergency Assistance Plans (ERAPs)

NEB: National Energy Board NRCan: Natural Resources Canada TC: Transport Canada TDG: Transportation of Dangerous Goods TSB: Transportation Safety Board

RESPONSE

POST-RESPONSE

Minister of Environment • Declares environmental emergency if necessary

ECCC • Assesses environmental Emergency Response measures TC- TDG • Attends accident/incident • Provides advisory services to industry during execution of an ERAP

Minister of Environment • Oversee any clean-up, assessment and monitoring activities

ECCC • Assesses environmental Emergency Response measures

TC- TDG • Attends accident/incident • Provides advisory services to industry during execution of an ERAP

TSB • Investigates incident • Provides recommendations to TC minister

EMBC • Conducts incident assessment • Provides incident management of major incident

NRCan • Leads monitoring, assessing, advice and guidance to cabinet

NEB • Orders reimbursement costs • Investigates incidents and response • Ensures recovery is adequate for incidents from NEB regulated facilities

Minister of Environment • Declares environmental emergency if necessary BCOGC • Coordinates with aﬀected parties and diﬀerent levels of government

NEB • Ensures execution of ERAP is in compliance with regulations/assessment • Holds company responsible for responding • Integrates personnel within the company’s incident management system • In rare cases, assumes control

TSB • Investigates incident • Provides recommendations to TC minister

ECCC • Ensures recovery is adequate • Incident follow up and investigation

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Industry Regulation PREVENTION

PREPAREDNESS

RESPONSE

Carrier • Understand and operate according to BC Special Waste licensing and TDG requirements, including driver training • Obtain National Safety Code (NSC) Safety Certiﬁcate, including vehicle maintenance and driver oversight

Shipper • Prepare ERAP

Carrier • Secure site, evaluate extent of injuries and damage • Review shipping documents to estimate amount and source of release • Notify local, provincial and federal authorities, employer and shipper of release or imminent release

Railway/Energy Company • Operate according to standards • Conduct spill prevention measures in accordance with regulations

Railway/Energy Company • Prepare Emergency Response Plans and submit to NEB • Notify of any potential pollution release • Emergency and regular staﬀ participate in emergency drills • Have incident funds available (polluter pays principle) • Provides training to staﬀ on both standard operating procedures and emergency procedures

Carrier • Ensure vehicles are inspected and maintained, including daily driver inspections • Ensure drivers have required training and re-training every 3 years • Ensure drivers follow procedures, including checking for appropriate emergency equipment and documentation

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Railway/Energy Company • Notify federal/provincial governments of accident/incident • Lead response to their spill • Execute ERAP at own expense • Shut down operations when issue is detected • Minimize eﬀect of spill

POST-RESPONSE Carrier • 30-day incident reporting • Compliance with site restoration / post-incident evaluation (in the case of special waste)

Railway/Energy Company • Absolute liability* • Pollution abatement at own expense

MINIMUM LIABILITY INSURANCE COVERAGE (VOLUMES EXPRESSED IN TONNES PER YEAR) [Railway only] Minimum required insurance

Crude Oil

Toxix inhalation hazard

All other types of dangerous goods

$25M $100M $250M $1B

0 > 0 - < 100,000 100,000 - < 1.5M ≥ 1.5M

< 40,000 ≥ 40,000 – –

> 0 - < 4,000 4,000 - < 50,000 ≥ 50,000

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Emergency Response Whoever has possession, charge or control of a substance immediately before its spill is responsible to report it, manage the emergency and clean it up (including cover all costs). It does not matter if it is an accident or not. The responsible person or company is called the Responsible Party. In the event of a spill, the following government bodies may be involved in the response effort: • Emergency Management BC (EMBC) - All reportable spills or emergencies in BC are reported to

the EMBC 24-hour incident reporting line: 1-800-663-3456, and forwarded to the BC Ministry of Environment for assessment as the designated lead provincial ministry for all hazardous material spills affecting the province • BC Ministry of Environment - if the spill could impact provincial lands of resources, including the ocean

floor adjacent to BC • Canadian Coast Guard - if the spill originates from a ship or could impact navigable waters • BC Oil and Gas Commission - if a spill originate from a provincial oil or gas pipeline or facility • National Energy Board (NEB) - if a spill originates from an inter-provincial oil or gas pipeline or a facility

they regulate • The Canadian Transport Emergency Centre (CANUTEC), an arm of Transport Canada - if the incident

involves rail, marine or aviation transportation modes and/or

ECCC may bring a “Science Table” together with

explosive substances

experts and stakeholders from all levels of government,

• Environment and Climate Change

Canada - if the spill impacts or originates from an area falling under federal jurisdiction.

Indigenous People representatives, local communities, industries, environmental non-governmental organizations and academic institutions to provide consolidated scientific and technical advice to lead agencies.

• First Nations and Municipal

governments can also be involved if their interests are impacted. Indian and Northern Affairs Canada will contact potentially impacted First Nations. The Ministry of Environment, whenever possible, will also attempt to contact a First Nation directly if a significant spill might impact them. Investigation of an incident falls to both the Transportation Safety Board (TSB) and NEB. The TSB independently investigates selected pipeline incidents in order to make findings as to their causes and contributing factors, identify safety deficiencies and make safety recommendations to eliminate or reduce any such safety deficiencies. The NEB investigates incidents to determine whether its various regulations have been followed by the pipeline company and if those regulations may need to be changed.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

The Incident Command System (ICS) is an organizational structure used to manage major emergencies, such as an oil spill or railway accident. ICS seeks to maximize team efficiency by defining lines of communications and delegating responsibilities. The ICS organization builds from the ground up, with the management of all major functions initially being the responsibility of just a few people. Functional units are designed to handle the most important incident activities, and as the incident grows, additional individuals are assigned. A Unified Command system can be used when an emergency affects multiple or overlapping jurisdictions. It brings together representatives from multiple organizations to coordinate an effective response. As a team, the representatives agree upon emergency response objectives, strategies, and an Incident Action Plan. In BC, Unified Command can be made up of representatives from the Responsible Party, the lead federal government agency, BC Ministry of Environment, First Nations, and local or municipal governments.

BC Spill Response Regime On April 5, 2016, the Province announced the launch of public engagement inviting British Columbians to review and comment on a new intentions paper around spill preparedness and response in B.C. The intentions paper summarizes amendments to the Environmental Management Act (EMA), introduced on Feb 29, 2016, if passed, provide the legal foundation to establish a new spill preparedness and response regime (regime) to address environmental emergencies in B.C. The proposed regime will ensure effective preparedness, response and recovery measures are in place for hazardous substance spills, from any source, and reflect over two years of engagement with industry, First Nations and local government. This legislation will: • Establish new requirements for spill preparedness, response and recovery • Create new offences and penalties • Enable the certification of a emergency preparedness and response organization • Increase transparency, participation and accountability

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

Sources 2014 Pipeline Performance Summary. BC Oil and Gas Commission, 2014. 2011 December Report of the Commissioner of the Environment and Sustainable Development. Government of Canada, Office of the Auditor General of Canada, 2011. A First Nations Guide to Environmental Emergencies. BC Ministry of Environment. Conca, James. “Pick Your Poison For Crude -- Pipeline, Rail, Truck or Boat.” Forbes, April 26, 2014. http:// www.forbes.com/sites/jamesconca/2014/04/26/pick-your-poison-for-crude-pipeline-rail-truck-orboat/#4b839ca35777. Crude Oil Forecast, Markets & Transportation. Canadian Association of Petroleum Producers, 2015. Furchtgott-Roth, Diana. “Pipelines Are Safest For Transportation of Oil and Gas.” Manhatten Institute. June 2013. http://www.manhattan-institute.org/pdf/ib_23.pdf. Green, Kenneth and Taylor Jackson, “Safety in the Transportation of Oil and Gas: Pipelines or Rail?” Fraser Institute, 2015. Johnson, Tracy. “Pipelines vs. trains: Which is better for moving oil?” CBC News. March 2015. http://www.cbc. ca/news/business/pipelines-vs-trains-which-is-better-for-moving-oil-1.2988407 “Liquids Pipelines.” Canadian Energy Pipeline Association. http://www.cepa.com/about-pipelines/types-ofpipelines/liquids-pipelines. Mackenzie, Sir Alexander (1970). Lamb, W. Kaye, ed. The Journals and Letters of Alexander Mackenzie. Cambridge: Hakluyt Society. Moving Energy Safely. A Study of the Safe Transport of Hydrocarbons by Pipelines, Tankers and Railcars in Canada. Standing Senate Committee on Energy, the Environment and Natural Resources, 2013. “Oil Pipelines and Spills.” Auburn University. August 01, 2014. http://cla.auburn.edu/ces/energy/oil-pipelinesand-spills/. Oliver Wyman. Ten Questions on Crude-by-Rail Risks. Marsh & McLennan Companies, 2015. Patterson, Brent. “National Academy of Science Report Points to Dangers of Bitumen Spills.” The Council of Canadians, December 15, 2015. http://canadians.org/blog/national-academy-science-report-points-dangersbitumen-spills.

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME

“Safely Transporting Energy Products.” Railway Association of Canada, 2013. Schmidt Etkin, Dagmar, Ph.D. Determination of Persistence in Petroleum-based Oils. Winchester: Environmental Research Consulting, 2003. Statistical Summary Pipeline Occurrences 2014. Government of Canada, Transportation Safety Board of Canada, 2015. Statistical Summary – Railway Occurrences 2014. Government of Canada, Transportation Safety Board of Canada, 2016. Trans Mountain Pipeline Project (TMEP) Cultural Heritage Impact Assessment. Sto:lo Research and Resource Management Centre, 2015. Trans Mountain Expansion Project. An Application Pursuant to Section 52 of the National Energy Board Act. Kinder Morgan, 2013. U.S Energy Information Administration – EIA – Independent Statistics and Analysis. www.eia.gov Williams, Tim. “Pipelines: Environmental Considerations.” Library of Parliament Research Publications, July 5, 2012, 1-11. http://www.lop.parl.gc.ca/. “Why Pipelines Are Needed.” Canadian Energy Pipeline Association. http://www.cepa.com/about-pipelines/ why-pipelines. Young, Leslie. “Crude oil spills are bigger from trains than pipelines.” Global News, January 8, 2015. http:// globalnews.ca/news/1069624/how-do-crude-spills-compare-by-rail-truck-pipeline-you-may-be-surprised/

STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME