B.C. moving ahead with plan for land-based spill regime

After two years of engagement with industry, First Nations and local government, British Columbia announced on Monday that it is “moving forward with plans for a world-leading land-based spill regime.”

The new regime will ensure an “effective response to any land-based spill of any hazardous substance, from any source,” B.C.’s Ministry of Environment said in a statement. The key elements of the new system include:

• A provincially certified, industry-funded Preparedness and Response Organization (PRO) to make sure trained people are ready to immediately respond to any spill, with appropriate equipment and in a co-ordinated way;

• New legislative and regulatory requirements for spill preparedness, response and recovery; and

• Geographically based planning and response that will see active participation by First Nations, first responders and local communities.

Engagement on these requirements will continue with First Nations, industry, local governments and other stakeholders. The provincial government intends to introduce the new land-based spills legislation in spring 2016 and the new regime, including detailed regulations, is expected to be in place beginning in 2017.

The province added in the statement that it will also work with industry regarding new industry funding options to expand the provincial environmental emergency program, enhance planning and response participation by First Nations and communities, and establish funding mechanisms for orphaned spill incidents.

“Because land-based spills could eventually impact the marine environment and vice-versa, B.C.’s new regime will also complement marine-response capabilities, which are primarily under federal jurisdiction,” the statement said. “Should it be necessary to support a federal marine response, the new regime will help with response co-ordination and minimize potential impacts to shorelines without delay.”

A backgrounder from the ministry explained that requirements for spill preparedness, response and recovery will address gaps that exist with what is currently required by the provincial and federal governments. Preparedness requirements will apply to all companies who pose a spill risk beyond a certain threshold (for example, major oil pipelines, oil and chemical by rail and tanker trucks). Response and recovery requirements will apply to any spills, regardless of the initial risk threshold.

New preparedness requirements for companies with spill risk will include the need to have detailed spill response plans, including geographic response plans, to minimize any impacts of a potential spill. Additionally, equipment staging, trained personnel and practice drills and exercises will all be required.

Recovery requirements will provide spillers clear direction on what they must do following initial clean-up to restore any damage, the backgrounder said, noting that this includes environmental damage assessments, restoration plans and activities and post-incident reviews.

Dr. Brenda Kenny, president and CEO of the Canadian Energy Pipeline Association (CEPA), said in the statement that CEPA is “supportive of the Ministry of Environment’s vision for a world-leading land-based spill regime in British Columbia, and the design principles that are guiding their initiative. Our members’ very low frequency of incidents and demonstrated commitment to effective emergency response and remediation efforts in the event of a release are consistent with the polluter-pay principle, which we strongly endorse,” she said, adding that the association looks forward to “continuing to work with the ministry to further strengthen the provincial preparedness and response regime.”