Canadian National Brownfield Summit – June 13th 2018

Learning from the Past; Charting the Future
Attend Canada’s First Brownfield Summit, hosted by CBN

CBN is pleased to host the first-ever Brownfield Summit as this year’s edition of our annual conference. Join us in
Toronto June 13. The summit will feature:

  • Our popular Cross-country Check-up: a session on recent regulatory changes and an opportunity to learn about new initiatives from our panel of regulators
  • Legal Update: case law shapes our practice as brownfielders. This session will feature presentations on the most recent court cases affecting brownfields
  • Emerging Technology: focused presentations on the technological trends that will affect your brownfield practice today and in the future
  • NRTEE +15: the cornerstone of the Summit. Revisit the 2003 National Round Table on the Environment and the Economy (NRTEE) report as we find out what has worked, what still needs to be done, and what challenges are emerging. Then, join us in a discussion and determination of the brownfield agenda for the next few years

This will be a working event, so be prepared – bring the knowledge you’ve gained as a brownfield practitioner and your insights into brownfield redevelopment/reuse, roll up your sleeves and set the stage for the future of brownfields in Canada!

Register Today!

Clean-up of Radioactive Material in Port Hope Finally Underway

After decades of study and planning, the clean-up or radioactive contamination in the community of Port Hope, Ontario is finally underway.  The Town of Port Hope, located approximately 100 km (60 miles) east on Toronto on Lake Ontario, has an estimated 1.2 million cubic metres (1.5 million cubic yards) of historic low-level radioactive waste scattered at various sites throughout the town.

The contaminated soil and material will be excavated to moved to the LongTerm Waste Management Facility, which is essentially an engineered aboveground landfill where the waste will be safely contained, and the long-term monitoring and maintenance of the new waste management facility.

Other historic low-level radioactive waste – primarily soil contaminated with residue ore from the former radium and uranium refining activities of Eldorado Nuclear — and specified industrial waste from various sites in urban Port Hope will be removed and safely transported to the new facility.

The historic low-level radioactive waste and contaminated soil, located at various sites in the Municipality of
Port Hope, are a consequence of past practices involving the refining of radium and uranium by a former federal Crown Corporation, Eldorado Nuclear Limited, and its private-sector predecessors. These waste materials contain radium-226, uranium, arsenic and other contaminants resulting from the refining process.

The historic waste and surrounding environment are monitored and inspected regularly to ensure the waste does not pose a risk to health or the environment. As part of the Port Hope Area Initiative (PHAI) construction and clean-up phase, the waste will be excavated and relocated to the new Port Hope long-term waste management facility.

In an interview with CBC, Scott Parnell is the General Manager of the Port Hope Area Initiative, which is in charge of the cleanup. He says that after decades of planning, the first loads of an estimated 1.2 million cubic metres of historic low-level radioactive waste will be on the move.

Scott Parnell, general manager of the Port Hope Area Initiative, stands near the town’s harbour.

“There’s been a lot of planning a lot of studies a lot of determination into how to approach the work safely, but this will be the first time we will be removing waste from the community,” said Parnell, who has overseen similar operations in Washington state and Alaska.

The $1.28-billion cleanup operation is a recognition by the federal government that the waste is its “environmental liability.” The radioactive tailings were the byproduct of uranium and radium refining operations run by Eldorado, a former Crown corporation, between 1933 and 1988.

Parnell says that the tailings were given away for free, which helps explain how the contamination was spread through the town.

“So, basically they offered it up and it was used for fill material to level up people’s backyards, for building foundations, for those kinds of things. So, that’s how the material got spread around the community,” Parnell said.

Parnell says an estimated 800 properties may be affected, but says there’s no indication the low levels of radiation are dangerous.

“There’s little human risk associated with the waste that’s identified here in Port Hope,” he said.

The first wastes to be remediated are currently stored under tarps at three locations including the Centre Pier, the Pine Street North Extension in the Highland Drive Landfill area and at the municipal sewage treatment plant. The Centre Pier is the first site to be remediated.

Aerial image of the first locations to be remediated. (source: Canadian Nuclear Laboratories)

 

 

Ontario Transitioning Municipal Hazardous Waste Program

The Ontario Minister of the Environment and Climate Change recently issued direction to Stewardship Ontario (SO) to wind up the Municipal Hazardous or Special Waste Program by December 31, 2020. This wind up will allow the transition of materials collected under the program to individual producer responsibility under the Resource Recovery and Circular Economy Act, 2016.

The Minister’s letters can be found at:

Information related to the program wind up and future consultations will be posted to the Program Wind Up page when available. Until the wind up date, the Municipal Hazardous or Special Waste Program will continue to operate without disruption. This includes the operation of the Industry Stewardship Plans managed by the Automotive Materials Stewardship, the Product Care Association and SodaStream.

The Ontario Municipal Hazardous or Special Waste Program recycles or properly disposes of paint, antifreeze, batteries, fertilizers and other hazardous or special materials.  These wastes will continue to be managed in Ontario, but under a new program.  The winding down of the existing program is part of the provinces attempt to shift to a circular economy – a new waste management approach where waste is seen as a resource that can be recovered, reused and reintegrated into the production stream.

Ontario’s new waste management framework includes new legislation and a strategy to guide progress that will protect the environment, drive innovation, performance and competitiveness, and stimulate economic growth and development.

 

Environmental charges laid against Husky Energy Inc. and Husky Oil Operations Limited

Environment Canada and Climate Change (ECCC) recently laid a number of charges against Husky Energy Inc. and Husky Oil Operations Limited relating to the blended heavy crude-oil spill, in July 2016, which impacted the North Saskatchewan River, near Maidstone, Saskatchewan. The Government of Saskatchewan also filed a charge under the Environmental Management and Protection Act, 2010. These charges result from a 19-month joint federal-provincial investigation.

There are a total of ten charges which include one charge under subsection 36(3) of the federal Fisheries Act, one charge under subsection 38(5) of the federal Fisheries Act, six charges under subsection 38(6) of the federal Fisheries Act, one charge under the federal Migratory Birds Convention Act, 1994, and one charge under Saskatchewan’s Environmental Management and Protection Act, 2010.

The first appearance was at the end of March at the Lloydminster Provincial Court office.  According to the Premier of Saskatchewan’s office, the company faces a possible maximum $1 million fine.

Shoreline cleanup for the Maidstone-area oil spill (Jason Franson/Canadian Press)

Saskatchewan Minister of Environment Dustin Duncan said the spill led to significant changes in the provincial Pipelines Act; changes that include greater regulation, auditing powers, penalty provisions and licensing flowlines.

“We take this very seriously. There, to my knowledge, hasn’t been a charge with respect to the unintended release of oil from a pipeline in the province’s history,” he told reporters in late March.

Duncan said the site cleanup was completed by the end of last year, but Husky will have to work with the province’s Water Security Agency and the Ministry of Environment to make sure nothing else is required.  He said he expects full co-operation.

“In the last year, despite a very unsettling situation, Husky was very responsive when it came to the cleanup but also responding to the concerns by First Nations, by communities along the river, as well as to the requests that were made by the government department,” Duncan said.

All charges are currently before the Court, and they have not yet been proven. Under Canadian law, those charged are presumed innocent until proven guilty. Therefore, Environment and Climate Change Canada and Saskatchewan’s Water Security Agency, which has a responsibility for the specific charge under the provincial Environmental Management and Protection Act, 2010, will not be commenting further at this time.

 

New Brunswick Southern Railway pleads not guilty to charges related to oil transport

As reported by the CBC, New Brunswick Southern Railway has pleaded not guilty to 24 charges related to the transportation of oil.  Defence lawyer Catherine Lahey entered the pleas on the Irving-owned company’s behalf during a brief appearance in Saint John provincial court on earlier this month.

The charges against the railway, a subsidiary of J.D. Irving Ltd., stem from a Transport Canada investigation triggered by the 2013 derailment that killed 47 people in Lac-Mégantic, Que., prosecutors have said.  Twelve of the charges under the Transportation of Dangerous Goods Act relate to failing to create proper shipping documents for the purpose of transporting petroleum crude oil.  The other 12 charges relate to having unqualified personnel handling dangerous goods — crude oil.

The offences are all alleged to have occurred between Nov. 3, 2012, and July 5, 2013, at or near Saint John.  Irving Oil would have imported about 14,000 cars of crude for its Saint John refinery during that period.

New Brunswick Southern Railway is part if NBM Railways, a subsidiary of J.D. Irving Ltd., which also includes Cavendish Farms, Kent Building Supplies and Irving Pulp & Paper.

A trial date will be set on June 4.  Judge David Walker said the Crown is expecting to take about three weeks to present its case.  There is no word on how long the defence will take.  Pleas were delayed last month because the defence was still in the process of receiving an estimated 9,000 disclosure documents from the Crown.

The rail cars full of crude that exploded in Lac-Mégantic, Que., in July 2013 were destined for Irving Oil’s refinery in Saint John. (CBC)

In October 2017, Irving Oil was ordered to pay $4 million after pleading guilty to 34 charges under the same act.  Those charges related to failing to properly classify the crude oil it transported by train and inadequately training its employees in the transportation of dangerous goods.

The crude oil in the derailed rail cars that exploded in Lac-Mégantic was destined for Irving’s refinery in Saint John.

New Brunswick Southern Railway, along with its sister railways — Maine Northern Railway and Eastern Maine Railway — operates 883 kilometres of railway in New Brunswick and Maine.

Quebec Town Fined $100,000 for Violating Canadian PCB Regulations

Earlier this year, the Town of Amos, located in northwestern Quebec, pleaded guilty in court to one charge and was fined $100,000 for violating the PCB Regulations, thereby committing an offence under the Canadian Environmental Protection Act, 1999 (CEPA).

Amos is located 110 km northeast of Rouyn-Noranda in northwestern Québec. The Town has a population of 13,000.  Its main resources are spring water, gold, and wood products, including paper.

Charges were laid against the Town of Amos after an investigation conducted by staff from Environment Canada and Climate Change (ECCC) showed that, in April 2015, the Town of Amos sold products containing PCBs in a concentration of 50 mg/kg or more, which is in violation of the PCB Regulations.

The amount of the fine will be directed to the Environmental Damages Fund (EDF) administered by Environment and Climate Change Canada.

What are PCBs?

PCBs (Polychlorinated Biphenyls) are a group of man-made organic chemicals consisting of carbon, hydrogen and chlorine atoms. The number of chlorine atoms and their location in a PCB molecule determine many of its physical and chemical properties.  Due to their non-flammability, chemical stability, high boiling point and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications including:

  • Electrical, heat transfer and hydraulic equipment
  • Plasticizers in paints, plastics and rubber products
  • Pigments, dyes and carbonless copy paper
  • Other industrial applications

Although no longer commercially produced in North America, PCBs may be present in products and materials produced before the 1979 PCB ban. Products that may contain PCBs include:

  • Transformers and capacitors
  • Electrical equipment including voltage regulators, switches, re-closers, bushings, and electromagnets
  • Oil used in motors and hydraulic systems
  • Old electrical devices or appliances containing PCB capacitors
  • Fluorescent light ballasts
  • Cable insulation
  • Thermal insulation material including fiberglass, felt, foam, and cork
  • Adhesives and tapes
  • Oil-based paint
  • Caulking
  • Plastics
  • Carbonless copy paper
  • Floor finish

The PCBs used in these products were chemical mixtures made up of a variety of individual chlorinated biphenyl components known as congeners. Most commercial PCB mixtures are known in the North America by their industrial trade names, the most common being Arochlor.

Canadian Government’s Role in the Management of PCBs?

Health Canada and Environment Canada have taken strong and effective steps under the Canadian Environmental Protection Act (CEPA) to control the use, importation, manufacture, storage and release of PCBs.

CEPA states that PCBs are toxic, and Environment Canada is working on revisions to CEPA that would further strengthen controls over all PCBs in service or in storage anywhere in Canada.

The Government has also established regulations regarding hazardous wastes and has signed a number of international agreements, such as the Canada-USAgreement on PCBs, and the Basel Convention, which are all aimed at the safe use, storage, transport and disposal of PCBs, both nationally and internationally.

In addition, Health Canada continues to monitor the amount of PCBs in food, air and water to ensure that Canadians are not exposed to levels that pose a health risk. Health Canada also tracks and assesses ongoing research about the health effects of exposures to PCBs.

New ASTM International standard supports hazardous materials packaging

A new ASTM International standard helps with pressure testing certain containers that are used to transport hazardous materials.  The standard will help meet requirements of entities that regulate and support global trade. According to ASTM International member Larry Anderson, current regulations are limited in describing how to perform such a test.

Specifically, the new test method provides instructions for performing hydrostatic pressure testing on intermediate bulk containers (IBCs). “This guide provides the detail on how to conduct pressure testing on IBCs and will provide a more consistent process for container manufacturers, test labs, and regulatory agencies,” says Anderson, who works at TEN-E Packaging Services, Inc., which assists companies with packaging testing and the certification of dangerous goods.

The new standard aims to help manufacturers pass performance tests and qualify their container designs to meet requirements of the U.S. Department of Transportation’s Title 49 Code of Federal Regulations, as well as the United Nations recommendations on the transport of dangerous goods.

The new standard (soon to be published as D8134) was developed by ASTM International’s committee on packaging (D10).

 

Funding available for Cleantech Demonstration Projects in Ontario

BLOOM is issuing a call for funding applications to support the completion of low carbon, clean technology demonstration Projects in Ontario.  BLOOM is a private, not-for-profit federally incorporated company that brings together public and private sector stakeholders to achieve sustainable outcomes that manage risk and deliver economic, environmental and social benefit.

As a requirement, applications must be submitted by 2 co-applicants: a cleantech solution provider and a customer host that is representative of a broader sector.

BLOOM will be providing grant funding on a 50:50 cost-share basis, up to a maximum of $150,000 per Project.  BLOOM is responsible for managing this Program to support Ontario’s Climate Change Action Plan and transition to a low carbon economy.  Ideally, proposed Projects have strategic partners to support the roll-out and market adoption of the low carbon cleantech solution, following completion of the demonstration Project.

Applications are due by May 31, 2018. Successful co-applicants will be notified by June 30, 2018. Demonstration projects must be completed by March 15, 2019.

For additional information, click here.

SNC-Lavelin opens new London UK office to drive collaboration

Canadian construction, engineering and environmental services group SNC-Lavalin is to establish a new hub in London, UK.

Having completed the acquisition of British-based firm Atkins last summer (EA 04-Jul-17), the Montreal-headquartered firm is investing in the new office located in London’s Victoria, to support plans for growth in the UK market and continue its strong presence for the London clientbase, whilst also facilitating bringing together over 1,000 people from across SNC-Lavalin and its Atkins, Faithful+Gould and Acuity businesses into “a working space fit for the 21st Century”, it said.

Atkins president Nick Roberts said: “We’re focused on building a strong, unified and growing business in the UK. The decision to invest in a new UK hub in London is a positive statement from SNC-Lavalin about the significance of the UK to the company’s future aspirations. It provides a great foundation to further combine the market-leading strengths from our two organisations, and ensures we can continue to provide our clients with a high-quality customer experience and world-class project delivery.”

Philip Hoare, chief executive of SNC-Lavalin’s Atkins business in the UK & Europe, added: “We are striving to play our part in improving productivity and growth in the UK, as well as within our wider industry sector. A core component of this will be the digital transformation agenda, where more than ever innovation, collaboration and disruption will be key to success. Nova North [the new office] offers us a modern, efficient and flexible working environment in central London from where we can drive these efforts.”

How to Document Weights on Dangerous Goods/HazMat Transport Paperwork

International Air Transport Association (IATA), International Maritime Organization (IMO), Tile 49 of the U.S. Code of Federal Regulations (49 CFR), & Transportation of Dangerous Goods (TDG) Documentation

No one wants to talk about their weight. Ever. In the world of transport though, you have no choice. You are required to list on your transport paperwork some sort of weight, mass, or volume. The trick is to know which regulation requires what. Should be the net weight or gross weight? Is it per package or per packaging? Sadly, depending on the regulation, the answers to those questions may differ.

Before getting started, be sure you understand what all of those terms mean. I tend to default to the IATA regulations when it comes to definitions. These are found in Appendix A. Take note that these terms are also defined in the other regulations, too. In 49 CFR check in §171.9. For IMDG they are in 2 places – Volume 1, Chapter 1.2 and Volume 2, Appendix B. TDG defines them Part 1.4.

Definitions:

Package

The complete product of the packing operation consisting of the packaging and the contents prepared for transport.

Packaging

A receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements.

Means of containment

The road or railway vehicle, aircraft, vessel, pipeline or any other contrivance that is or may be used to transport persons or goods.

Net quantity (or weight)

The weight or volume of the dangerous goods contained in a package excluding the weight or volume of any packaging material; or the weight of an unpackaged article of dangerous goods (e.g. UN3166).

Gross weight (or gross mass)

The weight of a packaging plus the weight of its contents.

Now that we know or remember those specific terms, let’s see what each regulation has to say in regards to the paperwork. These are known as shipper’s declarations, dangerous goods form, shipping papers, or a transport document.

IATA – Section 8 Documentation:

For this regulation, a shipper needs to review §8.1.6.9.2. In particular, Step 6 paragraph (a) provides the information we need for our shipper’s declaration.  You are required to list the net quantity of dangerous goods in each package (by volume or weight as appropriate) for each item of dangerous goods that has a different UN/ID number, shipping name or packing group along with the appropriate units of measure.  Since this is an international regulation, those units must be in metric.

IATA does one step further. Certain entries of the Dangerous Goods List in the column for the maximum net quantity per package there will be the inclusion of the “G”. For example, look at ID8000 for Consumer Commodity or certain limited quantity listings. This “G” indicates the shipper must give the gross weight of each package. To avoid confusion for the carriers this “G” must also be included after the unit of measure.

IMDG – Chapter 5.4

Under IMDG, the weight description needed is in §5.4.1.5.1.  Here it says, the total quantity of dangerous goods covered by the description (by volume or mass as appropriate) for each item bearing a different proper shipping name, UN number or packing group shall be included. At the end of that section is the notation to specific the unit of measure and that abbreviations for those may be used.   Again, this is an international regulation, so the units must be metric.

Take note, the use of the word “shall” is a mandatory requirement.

49 CFR – §172.200 Subpart C for Shipping Papers:

In 49 CFR, or as most of us call it DOT, a shipper needs to read §172.202 paragraph (a) subparagraph (5) closely. Here you see the total quantity of the hazardous materials must be indicated (by mass or volume) and it must include an indication of the applicable unit of measure on a shipping paper. Interestingly enough, §171.10 says the unit of measure is to be compatible with international standards which is metric.

49 CFR lists the “customary” units in parentheses throughout but they are not the regulatory standard. We all know the US has yet to convert fully to the metric system. However, it is a good idea to make the changeover now when it comes to our hazardous materials’ shipping papers.

TDG – Part 3 Documentation:

Here a consignor (shipper) is in a unique situation.  Section 3.5 (1)(d) simply tells a consignor that for each shipping name, the quantity of dangerous goods and the unit of measure used to express the quantity must be on a shipping document.  It does go on to say the units used must be metric.  There is not a differentiation between net and gross mass for Canadian transport.

Keeping all of these requirements straight as a shipper making shipments via ground, air, ocean and between the US and Canada can be difficult. Notice I’ve included nothing about how explosives should be listed. They have their own set of rules in each regulation. Hopefully, this blog will clarify one part of your role as a shipper. If you ever have questions or find your self in need of training, reach to us today.

 

The article was first published on the Compliance Center website.

About the Author

Paula Reavis has the following degrees: BS in Science Education, BA in Chemistry, MA in School Counseling Certification.  She is also a National Certified Counselor.  Ms. Reavis has a teaching background and several years of experience in Hazard Communications. She is knowledgeable in HazCom2012, WHMIS (old/new), 49 CFR, IATA, IMDG and TDG. She started with the the Compliance Center in 2014, and is currently the Trainer. She is active in several associations including NACD, IHMM and SCHC where she served as chair of the Membership and Awards Committee. She is based in St. Louis, Missouri.