Deltaport Third Berth Project 2007 Issue Tracking and Response Table Post-Certification and Construction Phase

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1 # Source Issue VPA Response ENVIRONMENT GENERAL 1 Harold Grabowski Feb. 15, 2007 May 31, 2007 (2) Louisa Silva Dec. 30, 2007 Concern regarding environmental impacts (potential air and water pollution). VPA is deeply committed to environmental sustainability and to designing and building the Deltaport Third Berth Project in a way that respects and protects the local environment. The project s EA Application was prepared in compliance with both the Canadian Environmental Assessment Act and the BC Environmental Assessment Act, and with the involvement of key VPA staff and over 30 specialist consultants. The EA Application examined a wide variety of factors relating to potential environmental, socio-economic and cultural effects. The findings of several environmental studies by the VPA resulted in a reduction of the project footprint to minimize impacts on the environment and community. VPA will also spend approximately $25 million on the implementation of over 150 key commitments to protect the environment, including programs such as the Habitat Compensation Plan, the Adaptive Management Strategy, the Marine Mammal Monitoring Program and the Construction 2 May 31, 2007 (2) Interest in affected wildlife and methods used to mitigate effects on wildlife. Environmental Management Plan. The construction of the Deltaport Third Berth is a marine project. The wildlife that utilize marine habitat with the potential to be affected by construction are marine mammals (See Marine Environment: Issue No. 4 response below for details on marine mammals), coastal waterfowl and shorebirds. A list of bird species that have the potential to occur at Roberts Bank, their respective conservation status and (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 1 of 78

2 # Source Issue VPA Response records of previous observations is available in the DCLC Top 10 Wildlife Questions and VPA Responses document online at son_committee.html#docs 3 Bernita Iversen Oct. 3, 2007 e mail Request on behalf of Delta Council for information regarding construction of perimeter dykes. VPA is conducting daily environmental monitoring during construction that includes observations for birds and their behavior within the Project area including an assessment of disturbance from construction activities. If observations show that birds are being disturbed then construction methods may be changed or altered to reduce potential environmental effects. To date, a diversity of bird species are using the Deltaport Project area in the same manner as prior to construction. In addition, bi-weekly field surveys using the same methods used during the environmental assessment are being conducted within the intercauseway area. Following construction of containment dyke #1 for the DP3 Project, water drained through the dike at a rate that did not keep up with the falling tide. As a result of this draining, some localized channels formed adjacent to the containment dyke. To mitigate this issue, fill was placed against the inside of the perimeter dike to act as a filter/barrier layer and excessive water was pumped from the terminal fill area behind the containment dike and transported to the designated ocean disposal site. Following these mitigation measures, the localized channels stabilized. VPA mapped the channels and continues to monitor their state. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 2 of 78

3 4 Roger Emsley Nov. 4, 2007 Questions regarding DP3 wood pile placement 1) Was an application for approval of these works made to FREMP? 2) Is this expected to cause additional disruption to wildlife, either from the work in placing the piles or from residual impacts? 3) What steps are being taken to ensure no birds become trapped in the area where the piles are being installed? 4) Have DFO and Environment Canada been consulted, given approval? 1) An application to FREMP was not required as the work area is within the project area already authorized by DFO for the third berth construction activities. FREMP does not issue project approvals but rather provides coordinated environmental assessment recommendations that are incorporated into approving agencies authorizations, permits or approvals. As the DP3 project triggered a federal comprehensive study and BCEAA Environmental Assessment, the environmental review agencies on FREMP (DFO, EC and MoE) conducted their environmental assessment as part of the harmonized federalprovincial review process 2) The installation of wooden piles will result in no additional disruption to fish, marine mammals, wildlife and birds or other habitat. Further, there are no residual impacts as the wooden piles are being placed underwater within the footprint of the new terminal fill area covered by DFO authorization. 3) There is no possibility of birds being trapped in the area where the wooden piles are being placed. The area is presently underwater and is not enclosed. 4) The Fisheries Act Authorization condition for pile driving for DP3 applies, as do all applicable best management practices, to the installation of wooden piles. DFO and Environment Canada have been notified of the works through the (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 3 of 78

4 5) Will the wooden piles be left in place? If yes, will they be below the mud line? 6) This is during the peak time for wintering waterfowl including snow geese what is the expected impact on these populations and what mitigation measures are in place? 7) What is the impact on shorebirds what mitigation measures? 8) What are the potential fishery impacts has authorization under the fisheries act been obtained? 9) What is the potential impact on crab populations in the area? 10) What additional damage will be done to undersea vegetation in the area? construction environmental monitoring program. Please note that Environment Canada does not have an approval or permit function in regards to pile driving in marine waters. 5) The wood piles will be left in place to adequately densify the soil. They are being driven close to the existing mud line and the upper tips will later be buried under several meters of terminal fill. 6) Driving wooden piles produces very little acoustic noise either at the surface or underwater and there are negligible effects on waterfowl and coastal seabirds. The work area is located within the new terminal fill area which was not based on the environmental assessment nor is currently, being used by over-wintering or migratory waterfowl. Regular bird surveys are being conducted as part of the construction environmental monitoring program 7) The current work area is sub-tidal and therefore not utilized by shorebirds. Further, the wooden pile installation is occurring during the winter, outside of shorebird migration windows. 8) There is no additional disruption to fish or fish habitat, including ovigerous Dungeness crabs. The conditions of the Fisheries Act Authorization issued to the VPA apply to the installation of wooden piles. There are no additional residual impacts, damage or disturbance as the wooden piles are being placed in subtidal water within the footprint of the new terminal fill area. 9) Refer to the response to question #8. 10) Refer to the response to question #8. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 4 of 78

5 5 Arthur David Nov. 24, 2007 MARINE ENVIRONMENT 1 Stacy Rogers, March 3, May 29, May 31, 2007 Support for VPA environmental stewardship. Request for information regarding Marine Mammal Monitoring Program. Concern regarding mid-ocean de-ballasting, and how the Port could verify that it was accomplished. Stated that only about 1-in-10 vessels are sampled. Culverts need to be placed along the causeway. Comment noted. Program summary and details provided. The Port of Vancouver brought in a mandatory midocean exchange program for ballast water in Each and every vessel was checked to see if a midocean exchange was done and the relative risk of the source of the ballast water. In 2006, Transport Canada implemented Ballast Water Control and Management Regulations and has assumed the responsibility for enforcing compliance. The Port of Vancouver continues to board each vessel at the time of call to seal the bilge and inspect the ships logs. VPA is assuming that this comment is referring to the placement of culverts through the Roberts Bank causeway to allow water flow into the intercauseway area. When VPA was assessing potential habitat compensation options for DP3, the introduction of culverts through the causeway was evaluated with DFO but the potential benefits of improved fish access to the intercauseway area did not justify the potential impacts associated with the introduction of dendritic channels. Subsequent juvenile salmon monitoring has shown abundant presence of juvenile salmon in the intercauseway area. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 5 of 78

6 4 Roger Emsley June 29, 2007 Interested in the extent of studies on three pods of resident orcas and measures to protect them from construction, port operation and ship traffic? Interest in consultation with the US regarding orcas. The objective of the DP3 marine mammal monitoring program is to monitor marine mammal presence within the Project area during construction and avoid, reduce or mitigate potential environmental effects, particularly as they apply to killer whales. In addition, VPA has committed to assessing killer whale presence at Roberts Bank during initial operation of the third berth, including evaluation of ongoing measures to reduce potential environmental effects. This will help ensure the long-term viability of resident killer whale populations and sustain their genetic diversity and cultural continuity by reducing potential human-induced effects, including noise and pollutants, and sustaining their habitat and prey. The DP3 marine mammal monitoring program objectives are consistent with the DRAFT National Recovery Strategy for Northern and Southern Resident Killer Whales (Orcinus orca); (Resident Killer Whale Recovery Team 2005). The VPA has retained Jacques Whitford and JASCO Research Ltd. to conduct this program based on a phased monitoring plan to ensure that potential effects associated with elevated acoustic source levels from construction activities are avoided or minimized and to confirm that operational effects are minimal. VPA will also work with British Columbia Coast Pilots Ltd. to develop an education and awareness program about marine mammals, and specifically killer whales, such that pilots of deep-sea vessels transiting to and by Roberts Bank steer away from observed marine mammal pods when vessel safety is not compromised. This program will be in place when the third berth is (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 6 of 78

7 operational in late 2009 and will be reported on in the DP3 Killer Whale Study. VPA will evaluate vessel speeds of container vessels transiting to and by Roberts Bank and assess the potential for marine mammal interactions and the potential risk of marine vessel mammal collisions when ships approach the Roberts Bank port area. This work will be completed prior to operation of the third berth and will also be reported on in the DP3 Killer Whale Study. The marine mammal monitoring program has been prepared based on consultation with Canadian regulators and scientists but has also incorporated emerging science from US programs and scientists. Due to the extent of the information that will be collected, such as the underwater ambient acoustic work and killer whale audiogram modeling, VPA intends to share the results of the marine mammal monitoring program and killer whale studies with Canadian and US scientists working on killer whale programs in Georgia Strait. 5 Roger Emsley June 29, 2007 Interest in measures to protect Dungeness crabs and their breeding. For more information on these programs, please see the DCLC Top 10 Wildlife Questions and VPA Responses document online at son_committee.html#docs Work on the Project involving the seabed, foreshore, and immediately adjacent uplands will adhere to DFO fisheries sensitive periods to avoid impacts to fish and fish habitat: The DFO fisheries sensitive periods are: a. No dredging is permitted in waters less than -5 m CD deep from March 1 to August 15 for the (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 7 of 78

8 protection of juvenile salmon unless the works area is adequately isolated from fish bearing waters to the satisfaction of DFO; b. From October 15 to March 31 there shall be no works conducted which would result in a significant disturbance to the seabed of outer Roberts Bank which is situated in water greater than -5 m CD deep at daily low water for the protection of adult ovigerous female Dungeness crabs; and c. Any works proposed within the above referenced work windows will require DFO review and approvals, which require specific underwater survey information and mitigation. 6 Roger Emsley June 29, Mike Owen August 8, 2007 Interest in measures to mitigate underwater noise during dredging. Were GPS co-ordinates given to the tug and barge disposal crews as part of the disposal at sea plan? In addition, when the construction dykes were enclosed to isolate the work area from fish-bearing water, a salvage of fish, including Dungeness crabs, within the enclosed dyke, was undertaken over a period of a few weeks. Salvaged fish and crabs were relocated to suitable habitat within the intercauseway area. See above responses regarding crabs and killer whales. The GPS plans and co-ordinates were given to the Contractor. The plan shows the precise location of the authorized disposal area including the Ocean Disposal Permit that gives precise directions to dispose of the material below the 40-metre depth contour. These are requirements of the disposal at sea permit. Was the disposal that affected the BCTC transmission line from bottom dumping scows or A bottom-dump Scow was used. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 8 of 78

9 from flat barges with either rubber tired wheel loaders or excavators on board to discharge the material? Was this more than 1 load? If yes is there an amount of known discharges (loads) in the incorrect location? If so how many? There was more than one load. The independent investigation will determine the exact timeframes and number of loads. What was the estimated cubic meters or tonnes discharged? Was inclement weather a factor in this disposal in the wrong location? Is there a secondary disposal area available to the Contractor for weather or other reasons? Who was the Contractor? The investigation and assessment will determine the exact amount. No. No. Deltaport Constructors Ltd. is the contractor for the third berth project. Interest in the cause of the error and whether it was an intentional cost-saving measure. Why is the disposal site so close to these very necessary submerged cables? The independent investigation will determine the cause. However, it is unlikely to be an intentional cost-saving measure because the approved location is closer to Deltaport than the unapproved location. The boundary of the disposal site is more than 1 km from the underwater cables. The centre of the disposal area is more than 2 km from the cables. Which Government Agency is responsible for the selection of underwater disposal sites in BC? Environment Canada. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 9 of 78

10 8 Nov. 24, 2007 Attendee Concern over introduction of invasive species in ballast water. TERRESTRIAL ENVIRONMENT 1 May 31, 2007 Power line should be buried to prevent them from killing birds. VPA has a Ballast Water Management Plan in place to reduce the possibility of invasive marine organisms. The introduction of invasive species on containers and ship structures are of prime concern to many federal departments as well as the VPA. The federal government has established a number of working groups to look at invasive species across Canada: Aquatic Invasives (Fisheries and Oceans Canada) Terrestrial Plants (Canadian Food Inspection Agency) Terrestrial Animals (Environment Canada) Bird diverters have been placed along the Roberts Bank causeway power line to make the high-tension line more visible to birds to reduce bird mortality. 2 Roger Emsley June 29, John Hatfield Nov. 24, 2007 Interested in mitigation measures implemented with respect to barn owls. Concern over project impacts to over-wintering wildlife habitat. VPA will support appropriate environmental stewardship programs to place barn owl nest boxes in areas preferably towards Brunswick Point, where they are less vulnerable to traffic from Deltaport Way and Highway 17. The work will be initiated through barn owl management planning, either through a Barn Owl Management Team involving agencies such as CWS and MOE and other interested agencies and parties, or an ad hoc equivalent. This work is scheduled for early 2008, as it is a commitment pertaining to the operation of DP3. Impacts to terrestrial wildlife, including habitat, were studied as part of the environmental assessment process. Twenty-seven non-migratory, at-risk species were surveyed and only two birds and six small mammals were considered to have a moderate to high (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 10 of 78

11 COASTAL GEOMORPHOLOGY 1 May 31, 2007 Concern regarding erosion in Point Roberts caused by larger ships passing through. Request that this be assessed by the VPA. 2 May 31, 2007 Concern with impact of the dendritic channel. WATER FOWL AND COASTAL SEABIRDS 1 Janice Sigfusson May 10, 2007 to DCLC May 31, 2007 Concern with impacts to migratory birds. likelihood of occurrence in the study area and therefore could be potentially impacted by the Deltaport Third Berth Project. Potential impacts are discussed in detail in Section 12.7 of the Project s Application for an Environmental Assessment. The project construction area is not impacting critical over-wintering wildlife habitat. VPA has looked at erosion at Roberts Bank as part of a coastal geomorphology study, that included waves generated by passing ships. The study determined that there was not significant erosion from waves generated from passing vessels. VPA is also undertaking a longterm coastal geomorphology study that will look at any changes in coastal zone processes. The assessment of the dendritic channel is included in the longer-term coastal geomorphology study that is being conducted during the Adaptive Management Strategy. Potential impacts to migratory birds during construction are addressed in the detailed Construction Environmental Management Plan. Environmental monitoring is being conducted to confirm that any impacts to water fowl and coastal sea birds are avoided or completely mitigated. Potential effects to the marine environment and migratory birds are primarily those associated with a loss of habitat, which is being addressed by the Deltaport Third Berth Project's Habitat Compensation Program, Adaptive Management Strategy (monitoring and management of the Roberts Bank intercauseway (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 11 of 78

12 ecosystem). 2 Roger Emsley June Nov. 24, 2007 Attendee 3 Roger Emsley June 29, 2007 Interest in the status of osprey nest relocation project. Interest in VPA data on sandpipers, and whether they are being tracked. Habitat compensation projects include: East causeway enhancements including removal of land to create aquatic habitat for fish and coastal seabirds Log removal and salt marsh restoration to increase productive capacity for fish and fish habitat Caisson habitat openings within the dock structure that provide surface area and refuge for marine organisms Subtidal rock reef for increased fish and coastal seabird habitat productivity Dendritic channel modifications to allow stabilized sediments and eel grass beds to re-establish themselves within areas that have been modified by drainage channels 7.5 hectares of off-site compensation created in partnership with Ducks Unlimited and the Pacific Salmon Foundation. Environmental monitoring has confirmed that the osprey did not occupy the relocated nest during this nesting season although both a male and a female osprey have been observed at the Roberts Bank intercauseway area. It appears from the field observations that bald eagles used the relocated nest, which is in fact a navigation aid, as a perch point during the spring. VPA is assessing ways to dissuade use of the nest as a perch for bald eagles and still be attractive for osprey. VPA conducted bird surveys from September 2003 to August 2004, along the north and south sides of the Roberts Bank causeway, and around the tip of the (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 12 of 78

13 Roberts Bank container facility. CWS has also conducted bird surveys since 2003, along the shoreline from Brunswick Point to the tip of the ferry causeway. The combined VPA and CWS data sets are considered to be a baseline characterization of the composition of coastal seabird and shorebird species at the project site prior to the expansion of DP3. The surveys included the important western sandpiper (Calidris mauri) spring migration that occurs at Roberts Bank. Although western sandpipers do not presently have special conservation status, the baseline work conducted by VPA s technical consultants included more intensive bird surveys during the spring migration period. It was determined that western sandpipers do not use the DP3 Project area either as significant feeding or resting habitat. However, given the significance of Roberts Bank area as a migratory stopover for the western sandpiper, VPA is monitoring the spring migration during DP3 construction to augment the ongoing scientific research that is being done by the Canadian Wildlife Service and the Centre for Wildlife Research at Simon Fraser University Bird studies are presently being conducted along the south side of the Roberts Bank causeway, north side of the ferry causeway and the intervening shoreline at the head of the inter-causeway area. One monitoring event is completed every two weeks. Observations are being made at a frequency of twice each day, as daylight permits, or on two consecutive days within a 3-day monitoring window. Observations are made once during a daily high tide and once during a daily low tide. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 13 of 78

14 4 Roger Emsley June 29, Roger Emsley June 29, Roger Emsley June 29, 2007 Interest in status of nest surveys to be done prior to construction. Interest in measures to monitor and mitigate construction impacts on great blue herons and their breeding. Interest in any impacts identified during construction. Interest in any impacts to brant geese identified during construction. ADAPTIVE MANAGEMENT STRATEGY (AMS) 1 May 31, 2007 Wilma Haig to DCLC Sept. 3, 2007 What is the Adaptive Management Strategy (AMS)? Prior to start of marine construction nest surveys were conducted and it was confirmed that the only nest site within the proposed construction area was the osprey nest, for which VPA applied and received a permit to relocate. Great Blue Herons are included in the coastal seabird and shorebird survey noted above. There is no nesting or active breeding in the Project area but the Roberts Bank intercauseway area is an important feeding area for herons. Herons are continuing to feed up to the newly created shoreline. As part of the ongoing construction monitoring, VPA observed that brant geese were not using areas of shoreline that they have used in previous surveys and were instead using areas of suitable habitat in the Roberts Bank intercauseway area. Several surveys were conducted including some joint inspection with CWS and MOE staff. Brant behaviour and habitat utilization will continue to be monitored throughout project construction and during the first year of operation of Deltaport Third Berth. The Adaptive Management Strategy is a science-based approach to monitoring and managing the Roberts Bank intercauseway ecosystem. The key components are geomorphology/oceanography, surface and water quality, sediment quality, eel grass and benthic communities. The goal of the AMS is to provide early detection of potential changes in the inter-causeway ecosystem so that significant negative environmental trends attributable to DP3 can be prevented or mitigated. The AMS details the commitments that the (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 14 of 78

15 Port would undertake to evaluate, prevent or mitigate those trends. HABITAT COMPENSATION PLAN (HCP) 1 Roger Emsley June 29, 2007 Interest in whether the Habitat Compensation Plan has been developed to the point that VPA can guarantee no net loss of fish habitat. An independent Scientific Advisory Committee (SAC) was established to provide scientific and technical advice and recommendations to the AMS. A habitat compensation program has been prepared that satisfies the requirements of the Fisheries Act Section 35(2) Authorization. A component of the Authorization requires long-term habitat monitoring to verify and validate that the habitat is functioning as intended and whether no net loss or net gain of productive fish habitat has been achieved. The Fisheries Act Section 35(2) Authorization for DP3 requires a habitat monitoring program that varies with each habitat compensation feature and includes quantitative surveys and assessments (during years 1, 2, 3, 5, and 8; or as otherwise noted in the monitoring program) and annual qualitative surveys and assessments on years when the quantitative surveys are not conducted. The Authorization has provisions for extending the monitoring period and/or requiring alternative works if DFO feels that this is appropriate. In addition, the Authorization requires that VPA fund a third party, mutually agreed to by DFO and the Port, to audit the monitoring reports against the conditions of the Authorization to ensure that its terms and conditions are met. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 15 of 78

16 2 Roger Emsley June 29, 2007 Wilma Haig to DCLC Sept. 3, 2007 Interest in the Habitat Compensation Plan and when the plan will be available to DCLC. The habitat compensation requirements for DP3 are described in the DFO authorization which is available through the CEA registry at tid=16097 The Habitat Compensation Plan for the Deltaport Third Berth Project will provide approximately 20 hectares of on-site compensation projects and 7.5 hectares of offsite compensation. Habitat compensation projects include: East causeway enhancements including removal of land to create aquatic habitat for fish and coastal seabirds Status: initial construction works are expected to proceed later this year. Baseline habitat monitoring work to measure habitat performance is under way and is mostly complete. Log removal and salt marsh restoration to increase productive capacity for fish and fish habitat Status: Log removal has commenced. Caisson habitat openings within the dock structure to provide increased surface area and refuge for marine organisms Status: will be incorporated into the caissons structure when they are constructed. Subtidal rock reef for increased fish and coastal seabird habitat productivity Status: Complications in construction dredging work has meant that equipment intended for rock placement has been available.rock placement is planned to proceed in the spring subject to fisheries windows. Baseline monitoring work has been completed. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 16 of 78

17 Sandbar stabilization to facilitate re-establishing of eel grass beds within areas that have been modified by dendritic channels Status: after extensive consultations with DFO, a plan has been finalized to proceed with a limited pilot project, with a larger project to proceed if the pilot is deemed successful. The pilot will be undertaken next summer. Baseline monitoring will be conducted in the spring. 7.5 hectares of off-site compensation created in partnership with Ducks Unlimited and the Pacific Salmon Foundation. Status: An engineering assessment of Rose-Kirkland Island is underway and will be completed within a few weeks. Baseline work will be undertaken this winter and early spring 2008 to determine the islands' current use as fish habitat. AIR QUALITY 1 Andrea Janssen Feb. 14, 2007 May 29, 2007 May 31, 2007 (2) Wilma Haig Concern with air quality impacts. Fisheries and Oceans Canada issued the Fisheries Act Authorization approving the Habitat Compensation Plan in December Compliance with the entire Fisheries Act Authorization, including the Habitat Compensation Plan, will be independently audited. The VPA and terminal operator TSI are committed to limiting emissions associated with the Deltaport Third Berth Project construction, as well as general port operations. Air quality actions and commitments include: Construction-related exhaust and dust, and construction-related emissions are being reduced through: use of ultra-low sulphur fuel, aftertreatment devices, optimal maintenance and (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 17 of 78

18 to DCLC Sept. 3, 2007 Maurice Fernandes, Anthony Longoz Nov. 24, 2007 operation of equipment and, adherence to speed limits, road watering and covering of fine materials. The VPA has agreed to fund an ambient air quality monitoring station in Delta, scheduled to be installed Fall The VPA implemented an anti-idling program for all container trucks in September 2006 and extended this program to terminal operations in January The VPA required that fill materials for the marine construction be imported by water, thereby eliminating 600,000 one-way truck trips on local roads. TSI commenced use of ultra-low sulphur fuel in cargo handling equipment in September TSI also implemented the use of biofuels in terminal equipment in June 2006 to further reduce emissions. TSI has completed testing a diesel electric hybrid rubber tire gantry crane (RTG). This crane is now in operation at TSI's Vanterm container terminal, located in the Burrard Inlet. Two diesel electric RTG's will be in operation at Deltaport by Fall TSI has switched to using biodiesel in all equipment and vehicles with diesel engines at both its terminals (Deltaport and Vanterm, located in Burrard Inlet). The goal is to reduce terminal equipment air emissions by 30% by TSI is the first terminal operator in Canada to implement such a significant emissions reduction program. While a number of programs have been undertaken by port tenants, the shipping industry and regulatory agencies, VPA is pursuing a number of initiatives to (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 18 of 78

19 reduce emissions from port related activities including: Implementation of Differentiated Harbour Dues Program on April 1, 2007 to provide incentives and recognize ships using cleaner fuels and technologies. Working with the Ports of Tacoma and Seattle on the Northwest Ports Clean Air Strategy Shore Power: 1) A feasibility assessment for use of shore power at Port of Vancouver cruise ship berths has been completed and we are working on resolving implementation issues with the cruise ship lines and the federal and provincial governments. 2) In Spring 2007, a feasibility study was completed for shore power at Deltaport's Third Berth 3) Through the Differentiated Harbour Dues Program, gathering of information on vessels calling the Port of Vancouver that are equipped with shore power that will provide input into local assessments 4) Shore power infrastructure provisions that will allow for future installation with minimum disruption to terminal operation have been incorporated into Centerm, Vanterm container terminals and eventually into the Deltaport Third Berth. Actively supporting federal government ratification of International Maritime Organization's (IMO) MARPOL 73/78's Annex VI, Regulations for the Prevention Mandatory reservations for trucks to alleviate congestion and line ups. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 19 of 78

20 Under Truck License System, trucks accessing the Port must undergo and pass random AirCare On- Road emission opacity testing and safety inspections by the Ministry of Transportation. 2 Roger Emsley June 29, 2007 Interest in the air quality standards with which VPA complies. Interest in the specifics of VPA policies and practices for continuous air quality improvement and specific emission mitigation measures that VPA is implementing, including implementation dates. A more detailed list of Port Air Emissions Strategies are described in the Integrated Air Emissions Reduction Program for the Port of Vancouver: Actions to Address Air Quality and Climate Change available at The Port of Vancouver is working hard to reduce air emissions of criteria contaminants, air toxics and greenhouse gases through development of a data baseline, improving operational efficiency, technological innovation and supporting regulatory change. Reducing our emissions now and as we grow will help to maintain good air quality and reduce the impacts of climate change for future generations. The various policies, practices and initiatives including the Northwest Ports Clean Air Strategy are described in detail in the Integrated Air Emissions Reduction Program for the Port of Vancouver: Actions to Address Air Quality and Climate Change dated August The Northwest Ports Clean Air Strategy Draft is a three ports collaborative initiative to reduce emissions associated with the VPA, Port of Seattle and Port of Tacoma and is currently going through consultation with stakeholders. The VPA falls under federal jurisdiction and is therefore subject to federal air quality standards and objectives including those under the Canada Wide Standards (CWS) and the Canadian Environmental Protection Act (CEPA). The CWS were developed by the Canadian Council of Ministers of the Environment, which includes (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 20 of 78

21 participation and administration by the federal, provincial and territorial governments. CEPA is administered by Environment Canada. Discharges to air, land and water within federal port jurisdiction are authorized pursuant to the Canada Marine Act (CMA) by port authorities. Additionally, through airshed management planning processes, local and regional governments including the GVRD are developing their own ambient air quality objectives that are used to help manage airshedspecific air quality. In terms of discharges, Section 5 of the Port Authorities Operations Regulations under the CMA prohibits anything that has or is likely to have an adverse effect on soil, air or water quality unless otherwise authorized by the port authority. The CMA as a whole is administered by Transport Canada. 3 May 29, 2007 Strict air quality standards need to be demonstrated by the project; air quality needs to be shown to be getting better. Regardless of jurisdiction, through its commitment to continuous improvement in terms of reducing emissions of criteria air contaminants, air toxics and greenhouse gases, the VPA clearly recognizes that standards and objectives are not considered levels to be polluted up to. Strict air quality performance objectives have been implemented to reduce air emissions during construction and operations as part of the VPA s commitment to build DP3. These commitments for construction include: Using on-road (low sulphur diesel, where practical for all Project site based equipment that are capable of using such fuels (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 21 of 78

22 Use of diesel particulate matter filters to reduce particulate matter on construction equipment (where practical and when fuel quality permits) Us of post 1996 shore based construction equipment and vehicles to reduce emissions on PM, hydrocarbons and Nox The Port s Integrated Air Emissions Reduction Program for the Port of Vancouver ( outlines strategies for marine vessels, terminals, trucks and rail. 4 Steve Kinsey Nov. 24, 2007 Concern over ship compliance with VPA measures intended to address air quality issues. VPA board should provide staff with the regulation and enforcement tools to document and ban ships that negatively impact air quality and noise levels. Document top 10% of worst ship offenders regarding air quality and noise. VPA has committed to fund the installation of an air quality station in Delta. The technical working group chaired by GVRD with participation from Corporation of Delta, TFN, Environment Canada and VPA will determine the location for the air quality monitoring station. While a number of programs have been undertaken by port tenants, the shipping industry and regulatory agencies, VPA is pursuing a number of initiatives to reduce air emissions from port tenants and ensure compliance with these initiatives including: Implementation of Differentiated Harbour Dues Program on April 1, 2007 to provide incentives and recognize ships using cleaner fuels and technologies. Working with the Ports of Tacoma and Seattle on the Northwest Ports Clean Air Strategy Actively supporting federal government ratification of International Maritime Organization's (IMO) MARPOL 73/78's Annex VI, Regulations for the Prevention (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 22 of 78

23 Additionally, the VPA is actively participating in the BC Marine Vessel Air Quality Work Group, whose other members include Environment Canada, Transport Canada, Ministry of Environment, Metro Vancouver, BC Ferries and the BC Chamber of Shipping among others. The group is developing emission inventories and cooperates by exchanging information and analyzing options for reducing emissions. Earlier this year, the BC Chamber of Shipping released the results of a year long local, activity based emission inventory for ocean going vessels developed in collaboration with the VPA, Environment Canada and Metro Vancouver. This inventory, along with those being led by Metro Vancouver will help to better assess and manage port related diesel (particulate matter) PM and other emissions. 5 Roger Emsley June 29, 2007 Concern regarding whether diesel emissions are being monitored in the area around the port and compared to regional emissions. In regards to noise, VPA is working with the Terminal Operator and shipping lines to identify and minimize problematic and nuisance noise. VPA is leading the development of a local port landrelated activity-based emission inventory including trucks, rail and terminal equipment. The inventory will cover the jurisdictions of the Port of Vancouver, Fraser Port and North Fraser Port Authorities. This inventory will include emission estimates for a number of air quality parameters including diesel PM and will be the most accurate port emission inventory ever conducted in Canada. The inventory is being developed in collaboration with Environment Canada and the Greater Vancouver Regional District. The results of the inventory will be used to benchmark emissions and (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 23 of 78

24 identify priorities for future reduction programs and initiatives. Concurrently, the VPA is developing an emission inventory of port-related fugitive emissions including for example dust and vapours. Earlier this year, the BC Chamber of Shipping released the results of a year long local, activity based emission inventory for ocean going vessels developed in collaboration with the VPA, Environment Canada and the GVRD. Together these inventories, along with those being led by the GVRD will help to better assess and manage port related diesel PM and other emissions. 6 May 29, May 31, Nov. 24, 2007 Concern regarding the burning of heavy bunker oils by ships entering the Port of Vancouver jurisdiction and the impact on air quality (particulate matter) and human health. Suggested that ships should be shut down at dock and placed on a form of ground-based power. Impact to air quality of idling trains. Concern over local air emissions from idling trucks. See above. The rail sector is reducing emissions through fleet renewal, co-production, train handling, rail lubrication, freight care productivity improvements and locomotive shutdown systems. The rail sector is also testing hybrid switch locomotive or other technologies. VPA is in the process of agreeing upon a strategy to lower emissions, called the Northwest Ports Clean Air Strategy. These standards include air quality standards for rail operations, achieved through short-term projects (by 2010) and longer term projects (by 2015). Longterm goals for rail operations include reducing PM in trains by 90%. Through the Truck Licensing System (TLS), the Port is committed to developing a safer, cleaner, more (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 24 of 78

25 Attendee sustainable container truck fleet to service the Port s container facilities. Coming into effect January 1, 2008 to March 31, 2008 the Port will enforce a new mandatory idle reduction provision on and around port property for container trucks: a maximum 3 consecutive minutes idling in a one hour period 9 Roger Emsley June 29, 2007 Concern regarding ship emissions related to larger ships making more frequent port calls. Interest in emission forecasts compared to Further, the following new safety and environmental provisions will be phased in to the TLS starting January 1, 2008: All trucks to be tested and pass opacity standards equivalent to AirCare On Road (ACOR): o 55% for 1990 & older o 40% for 1991 & newer Trucks that achieve 10% get one year exemption Beginning March 31, 2008 all trucks older than 1989 will be banned from port property unless granted an exception due to clean retrofits. Beginning January 1, 2009, all trucks are to be tested and pass opacity standard of 20%, repeated annually thereafter. Also beginning in January 1, 2009, the Port will prohibit access to container trucks older than This question was specifically addressed in the Environmental Assessment for DP3 Chapter 13, Air Quality and Chapter 23, Cumulative Effects Assessment. VPA retained the firm Moffat Nichol Ltd. in 2004 to conduct a vessel forecast for the Project. Moffat Nichol is an engineering firm with recognized expertise in planning, designing and building container terminals in North America. The 2003 Deltaport database of over (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 25 of 78

26 327 ship calls provided a trend of vessel sizes for the Vancouver market as it existed during that time period. Moffat Nichol conducted a forecast for 2011, the assumed date of DP3 operation based on two potential scenarios. The first scenario assumed an average volume of 2458 twenty foot equivalent (TEU) handled per vessel in 2003 at Deltaport, and a growth rate of 3.3% per year in average vessel size. Based on Scenario 1 Moffat Nichol estimated that there would be 389 vessel calls at Deltaport in year A second scenario was also evaluated based on the arrival of one 8000TEU vessel per week on a hub port call in which 50% of the vessel is discharged and loaded. This would generate a total vessel count of 306 vessels. The actual number of forecasted vessels used for the projected 2011 DP3 air quality assessment was 393 vessels. As a result of the navigational vessel assessment, four additional ship calls were added. The intent was to provide for a conservative overestimate of emissions to maintain a precautionary approach when assessing emissions and the effects on human health and the environment. Presently, Deltaport is averaging about 300 vessel calls per year based on 2005 and 2006 container terminal activity. 10 Roger Emsley June 29, 2007 Interest in VPA s objectives for PM 2.5 and how it plans on achieving these objectives. The EA Application provides a summary of the emissions for the project operation scenario compared to the local study area (LSA) and regional study area (RSA). VPA is committed to continuous improvement in terms of reducing port-related emissions including PM2.5, to help counteract increases in emissions related to growth. The Integrated Air Emissions Reduction (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 26 of 78

27 Program for the Port of Vancouver highlights some of the many initiatives underway and planned that contribute to reducing emissions. One example is the Northwest Ports Clean Air Strategy, a three ports collaborative effort to reduce related emissions. The VPA, Port of Seattle and Port of Tacoma are currently in consultation with stakeholders on the proposed strategy. The GVRD developed air quality objectives for PM 10 and PM 2.5. These objectives were under development in 2003/04 and accepted by the GVRD Board in October 2005, after the submission of the Deltaport Third Berth application. When VPA reassessed the air quality assessment released for public review in November 2005 the GVRD objective was selected for evaluating predicted PM 10 and PM 2.5 concentrations for the Deltaport Third Berth Environmental Assessment on the basis that there were objectives for both daily and annual averaging periods (CWS only has a24-hour standard for PM 2.5) and the GVRD objective was the most stringent objective or standard presently in Canada or US. 11 Roger Emsley June 29, 2007 In 2005, VPA committed to installing a permanent air quality monitoring station. When will this be in place? A Delta Air Quality Monitoring Technical Working Group was formed consisting of staff from Corporation of Delta, Environment Canada, Greater Vancouver Regional District, Tsawwassen First Nation and the Vancouver Port Authority. The Working Group is chaired by the GVRD. The purpose of the Delta Air Quality Monitoring Technical Working Group is to facilitate discussion, information exchange and sharing of technical expertise amongst participating agencies in order to provide a sound basis from which to make the (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 27 of 78

28 12 Roger Emsley June 29, Roger Emsley June 29, 2007 Wilma Haig to DCLC Sept. 3, 2007 Nov. 24, 2007 Attendees (3) In 2005, VPA indicated that short sea barge shipping was under active consideration as a way to reduce emissions. What progress has VPA made on this initiative? Interest in status of shore power initiative. best possible decision on future air quality monitoring in Delta that satisfies the VPA commitment and, where possible, the needs of other Technical Working Group members. Discussions have progressed to the point where some preferred sites have been identified. VPA is continuing to explore short sea shipping as an alternative to reduce local/regional truck trips and the amalgamation of the three Lower Mainland port authorities is anticipated to facilitate this initiative. Shore power is actively being explored as one option for reducing ocean going vessel auxiliary engine emissions at dock. In Spring 2007, a feasibility study was completed for container ship shore power at Deltaport s Third Berth. This study recommended that a staged approach be taken to fully implement shore power at this facility, recognizing that there is a two year lead time to full implementation. The first and second stages would involve incorporation of preliminary infrastructure as DP3 is constructed, and conceptual allocation of space for additional dockside infrastructure respectively. A staged approach would allow for international standards to be developed and vessels equipped to those standards to come to the DP3 facility, ensuring that the maximum benefits from shore power could be realized. Feasibility of implementing shore power for cruise vessels at Canada Place has also been examined in detail, and the VPA has been working with BC Hydro, cruise lines and terminal operators to resolve outstanding issues with a view toward implementation. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 28 of 78

29 Additionally, shore power infrastructure provisions that will allow for future installation with minimum disruption to terminal operation have already been incorporated into Centerm and Vanterm container terminals. And, through the Differentiated Harbour Dues Program, the VPA is gaining a better understanding of what vessels equipped for shore power are calling Port of Vancouver terminals, and what their requirements are. 14. Roger Emsley June 29, 2007 Interest in the status of VPA work with GVRD and International Maritime Organization (IMO) towards declaring Vancouver an IMO Sulphur Emission Control Area by Canada must develop legislation to support IMO s Annex VI, Regulations for the Prevention of Air Pollution from Ships prior to ratifying the Annex itself. The federal government has now proposed such legislation and once passed can proceed with ratification. In order for an area to be designated as a SECA, an application must be submitted to the IMO for consideration, clearly demonstrating the need for such a designation. Environment Canada and the U.S. EPA have been developing the information needed to determine whether a case for a North American or West Coast SECA can be made and on what basis, and will submit an application to the IMO for consideration based on the results of their assessments. Since making the initial commitment VPA and the GVRD continue to work with Environment Canada on the SECA application process. VPA is actively supporting the federal government ratification of IMO s Annex VI, and designation of a North America or West Coast SECA post-ratification. The Northwest Ports Clean Air Strategy further supports this. (DCLC: Issue submitted to Deltaport Third Berth Project Community Liaison Committee) 29 of 78