Weather Stations for Public Safety/Emergency Management

Presented by WeatherHawk

To help contain natural disasters or man-made ones, firefighters, police, emergency medical workers, and government officials must track conditions in the vicinity of an emergency. WeatherHawk weather stations can be a vital part of modern public safety equipment and can be set-up on site in less than 15 minutes by one responder wearing full protective equipment.

WeatherHawk meets the requirements of first responders with a cost-effective, easy-to-use weather monitoring and data logging system.  Available at preferred Federal Government pricing under EPA BPA #EP09W000552.

WeatherHawk-Pro software is CAMEO/ALOHA compliant (NOTE: Specify 2 sec scan update program at the time of order).

WeatherHawk is lightweight and portable, so it’s easy to move into remote or treacherous areas.

WeatherHawk doesn’t need to be placed near a power source because the system is battery powered and can operate for up to 4 days without an external power source. An optional solar panel enables unlimited operation in remote areas or where electrical power is not available.

The wireless WeatherHawk can operate independently at a distance of a line-of-sight range up to ½ mile from the base computer, ensuring the safety of personnel. Optional high gain directional antennas can increase that range to over 7 miles under most conditions.

Portability, quick installation, rugged construction, automatic data storage, and Internet compatibility make WeatherHawk the choice for first responders with limited equipment budgets and minimal time to train on special equipment.  Save property, save lives. Choose WeatherHawk.

Canadian Brownfields Survey

The Canadian Brownfields Network (CBN), in conjunction with Ryerson University is conducting a survey on the perceptions of progress on recommendations that the National Roundtable on the Environment & Economy (NRTEE) released in 2003.

The CBN is most interested in knowing if persons involved in brownfield redevelopment feel if progress has been made on the NRTEE’s recommendations.

CBN and Ryerson have developed a survey for NRTEE +15 – have your say: . Survey results will form the basis of discussion at our 2018 Conference June 13. Please participate!

Possible benefits of participating in this study include that we aim to identify methods for increasing brownfields redevelopment activity in Canada, and encourage more involvement in brownfield redevelopment through comprehensive understanding of existing plans and policies.

B.C. government moves forward on action to protect coast

The British Columbia provincial government will be moving forward with consultation around four bitumen spill safeguards while referring to the courts the outstanding issue around B.C.’s right to protect B.C.’s coast, Premier John Horgan announced today.

“We believe it is our right to take appropriate measures to protect our environment, economy and our coast from the drastic consequence of a diluted bitumen spill,” said Premier Horgan. “And we are prepared to confirm that right in the courts.”

Premier Horgan says his government will be retaining expert legal counsel to ready a reference to the courts, adding that it may take several weeks to bring the reference forward. This reference will seek to reinforce B.C.’s constitutional rights to defend against the risks of a bitumen spill.

Crews on spill response boats work around the bulk carrier cargo ship Marathassa after a bunker fuel spill on English Bay in Vancouver, B.C., on Thursday April 9, 2015. (Darryl Dyck/The Canadian Press)

Premier Horgan says this safeguard has generated disproportionate and unlawful reactions from the Alberta government, specifically their decision to ban the import of wines from British Columbia.

“The actions by the Alberta government threaten an entire industry and the livelihoods of people who depend on it,” said Premier Horgan. “We have taken steps to protect our wine industry from the unwarranted trade action by the Government of Alberta.”

“It’s not about politics. It’s not about trade.  It’s about British Columbians’ right to have their voices heard on this critical issue,” said Premier Horgan. “And it’s about B.C.’s right to defend itself against actions that may threaten our people, our province and our future.”

The Premier adds that consultations will begin soon on the remaining four safeguards announced in January by Environment and Climate Change Minister George Heyman. These safeguards include:

  • Spill response time
  • Geographic response plans
  • Compensation for loss of public and cultural use of land
  • Application of regulations to marine spills

City of Welland, Ontario and Brownfields Development

As reported in the Welland Tribune, Welland, Ontario is on top of the heap when it comes to incentivizing its brownfield community improvement programs and has success stories it can share and build off of, a consultant told city council this week.

Luciana Piccioni, president of RCI Consulting, was before council Tuesday night to talk about Welland’s draft brownfield community improvement program, an 11-year-old document in need of a review and update.

Piccioni went through four programs the city currently has in place — an environmental site assessment grant program (ESA), brownfields tax assistance program (TAP), brownfields rehabilitation grant program (TIG), and brownfields planning and building permit fees refund program — and what needed to be updated and changed with each.

“Overall, with the exception of the rehabilitation grant program, Welland’s brownfield incentive programs are still competitive. Welland is one of only a few municipalities in Ontario that offers both a development charge reduction and a TIG for brownfield redevelopment projects,” Piccioni said.

He said it’s one thing that sets the municipality apart from others in the province.

Former Atlas Steel Plant in Welland Ontario

As RCI began to update the brownfield community improvement programs, a half-dozen key stakeholders in the development industry and brownfield developers were invited to a workshop.

“That went very well … and we brought back revisions to them and they were very supportive.”

Piccioni said the stakeholders had positive responses about applying for incentive programs and said city staff were recognized as being responsive and good to work with.

The stakeholders also said the city has an open for business and co-operative mindset, but suggested increasing dedicated city staff resources to help speed up the application process.

Comments about Niagara Region with respect to the handling of brownfield and other CIP incentive programs applications were less than positive, Piccioni told council.

Stakeholders also suggested the city increase its flexibility when it comes to interpreting program requirements, allowing for unique situations to be looked at and evaluated for possible inclusion.

It was also suggested the city consider expanding and enhancing the marketing of off of the incentive programs, success stories and long-term benefits.

“You’re starting to have those success stories now,” Piccioni said, adding he expected to have a final draft ready for council to see in April.

Council heard some of the changes being made to the plans included making it harder for people just trying to get financing for a brownfield property with no intention of developing it.

Piccioni said developers would be asked to provide a letter of intent.

“It would prove to us that they intend to redevelop the property. There would be just enough hoops to discourage the pretenders and encourage the intenders.”

As of March 2017, there were 17 applications submitted for ESA grants, the TIG and rehabilitation grants, with 15 approved, two not approved and two abandoned. The total grant amount requested was roughly $560,000.

Mining company working with environmentalists to clean up old mining sites

As reported by the CBC, Calgary-based mining company Margaux Resources has announced a plan to clean up old tailings sites by using new mining technologies to extract the remaining minerals.

Tailings have long been known to cause environmental damage including loss of animal habitats and contamination of soil, groundwater and waterways.

Margaux has partnered with the Salmo Watershed Sreamkeepers Society — a non-profit engaged in protecting and maintaining the Salmo River in southeastern B.C.— for the remediation project.

“What we have here is an industry leader that is sympathetic and realizes the situation that historic mining efforts have left,” said Gerry Nellestijn, the coordinator of the Salmo Watershed Streamkeepers Society.

Margaux president and CEO Tyler Rice says the benefits are two-fold as the company hopes to profit from the extractions made.

“When this material was mined historically, they didn’t have 100-percent recovery of the elements … with advancements of technology we feel there is an opportunity to potentially extract the materials that weren’t fully recovered,” Rice said.

The first site scheduled for extraction and remediation is the Jersey-Emerald mine, located just outside of Salmo B.C., and once a large producer of tungsten.

Aerial view of the Jersey-Emerald tungsten tailings pile

Margaux has submitted an application to both the Ministry of Environment and the Ministry of Energy and Mines to take a bulk sample from the Jersey-Emerald site to, “assess the viability of remediating the tailings site and the potential to economically produce a marketable mineral concentrate,” according to a news release issued earlier this month.

Rice admits the site will likely not be fully remediated for a couple of years.

Meanwhile, the Salmo Watershed Society says there are over 40 tailings sites in the area and they are working to assess them.

“It’s an approach to actually go out there and assess tailings, size them, try to figure out what the pollution pathways may be, what the constituents of that tailing might be and look for remediation efforts that would be easy to implement,” said Nellestijn.

And both partners seem to be happy with the current government’s responsiveness to their project.

“We have a strong government that may very well be interested in participating with this kind of movement — it’s been a long time coming,” Nellestijn said.

Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market Outlook

Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market: Global Industry Trends, Market Size, Competitive Analysis and Forecast – 2018 – 2026”, this study is recently published by Research Corridor covering global market size for Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment market for the key segments and further cross-regional segmentation of these segments for the period 2018 to 2026.

According to Research Corridor this study will provide in-depth analysis of segments on the basis of current trends, market dynamics and country level analysis of Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment industry. This report provides market estimates and forecast for the period 2016-2026, along with respective CAGRs for each segment and regional distribution for the period 2018-2026. In depth analysis of competitive landscape, porter’s five forces model, value chain analysis, and pricing strategies are also covered in the report scope.

Report Synopsis: Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market

This report provides an exhaustive market analysis of the Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment industry presented through sections such as

  1. Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment: Market Summary
  2. Key Developments in the Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Industry
  3. Market Trends and Dynamics of Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Industry
  4. Attractive Investment Proposition for Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market
  5. Competitive Landscape of Key Market Players in Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Industry
  6. Current Market Scenario and Future Prospects of the Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market
  7. Mergers and Acquisitions in Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market
  8. Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market Revenue and Forecast, by Segment A Type, 2016 to 2026
  9. Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market Revenue and Forecast, by Segment B Type, 2016 to 2026
  10. Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market Revenue and Forecast, by Segment C Type, 2016 to 2026
  11. Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market Revenue and Forecast, by Segment D, 2016 to 2026
  12. Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment Market Revenue and Forecast, by Geography, 2016 to 2026

Browse for The Full Report:

Key Takeaways:

  1. Market size and forecast of the Chemical Biological Radiological Nuclear and Explosives (CBRNE) Detection Equipment market for the period from 2016 to 2026
  2. Compounded annual growth rate (CAGR%) for each segment in several regional markets by year 2026
  3. Market share analysis combined with competitive landscape of key players
  4. Profiles of key market players covering overall business operations, geographic presence, product portfolio, financial status and news coverage

Forecast for the Global Market for Hazmat Packaging through to 2027

Hazmat packaging, also referred to as Hazardous Material packaging as emerged as an effective solution in the protective packaging segment. Hazmat packaging is meant for the storage of hazardous substances and material which needs to be transported across borders. Shipping of hazardous materials is not only considered dangerous but it also requires a lot of regulations and guidelines to be transported. To minimize the spilling and snapping cases of the packaged product, the global hazmat packaging market is gaining enormous traction in the global market during the forecast period.

According to a market report from Future Market Insights, the growth of the hazmat packaging market is expected to be mainly driven by the need for a safe and secure packaging for materials that need special handling. Moreover, since the non-compliance with the shipping regulations of hazardous materials is quite costly, all the end users prefer hazmat packaging in order to perfectly comply with the regulations.

Manufacturing activity and industrial output remains important to both the developed and the developing economies. In developing economies, increase in the consumption of end products due to change in living standard and growing income has created new market opportunities to evolve. However, in developed regions, the demand is considered to be fragmented as customers ask for variations and different types of products. Protective packaging service providers need to evaluate and fulfill the requirements of protection. Therefore, the hazmat packaging market, a part of protective packaging is widely dependent on the manufacturing industry.

Interactive packaging is a key trend prevailing in the global hazmat packaging market wherein track and trace labels are being used to track the shipment. Giving the end user a chance to directly interact with the packaging itself, is expected to ring in new opportunities of growth for the global hazmat packaging market.

Packaging type which is less in weight has led to the introduction of packaging types which is specific to the product being packaged, thus, customization according to the needs of the end users is expected to lead to new market avenues of growth for the global hazmat packaging market.

The global hazmat packaging market is segmented on the basis of product type, material type, application, and geography. On the basis of product type, the global hazmat packaging market is segmented into:Cans,Boxes,Cartons,Drums and Pails,Bottles.On the basis of material type, the global hazmat packaging market is segmented into:Plastics,Metal,Corrugated Paper. On the basis of application, the global hazmat packaging market is segmented into:Paints & Dyes,Industrial Chemicals,Lubricants & Oils.

On the basis of geography, the global hazmat packaging market is segmented into North America, Latin America, Middle East & Africa, Europe, and Asia Pacific. North America hazmat packaging market is expected to continue its dominance throughout the forecast period mainly attributed to well-established end user segments in the region.

On the other hand, the Asia Pacific hazmat packaging market is expected to expand at the highest CAGR due to rapid industrialization in key economies such as India and China. Middle East & Africa along with Latin America are together expected to witness growth at a sluggish pace due to slow paced development of end user industries in the key economies. Some of the key players operating in the global hazmat packaging market are The Cary Company, Uline Company, Hazmatpac, Inc., Bee Packaging, Air Sea Containers, Inc., BASCO, Inc., and LPS Industries, LLC.

Request Report Sample@

Eco Waste Solutions to demonstrate WTE technology under US Department of Defense ESTCP Program

The US Department of Defense’s Environmental Research Programs has announced that Eco Waste Solutions has been approved to move forward with its Deployable Waste-to-Energy Convertor for Expeditionary Bases (DWECX) with Thermal Energy to Electrical Power System (TEEPS); a project in collaboration with Ethosgen and their teammate Rockwell Collins. Ethosgen will provide project management and system engineering while Rockwell Collins will provide detailed design and hardware for the integrated TEEPS.

“We’ve known for a long time that one of the major environmental challenges facing the Department of Defense is dealing with solid waste on expeditionary bases,” says Jean Lucas, President of Eco Waste. “Military installations often use open burn pits, which pose significant risks to the health of military troops, local populace, and the environment. Our containerized waste systems can solve this problem, as they are easily deployable, operate in extreme climates, and don’t create airborne health hazards. The ESTCP project gives us an opportunity to take this further and demonstrate a practical approach to small-scale power generation from waste.”

Jean Lucus, President and CEO for Eco Waste Solutions

“This is a tremendous opportunity for the US military to position itself on the cutting edge of waste-to-energy technology,” says James Abrams, founder and President of EthosGen. “Successful small-scale waste-to-energy simply hasn’t been done like this before, and it could transform the way all expeditionary forces deal with waste.”

The ESTCP’s goal is to identify and demonstrate the most promising innovative and cost-effective technologies and methods that address the DoD’s high-priority environmental requirements. To ensure that demonstrated technologies have real impact, ESTCP collaborates with end-users and regulators throughout the process of development and execution. Demonstration results are subject to rigorous technical reviews to ensure that conclusions are well-supported by data.

The DOD has committed to addressing burn pit issues and meeting its operational energy objectives, but solutions need to meet requirements for mobility, simplicity and efficiency. Eco Waste’s partnership with EthosGen solves these challenges.

“Our containerized waste systems have been used on military bases around the world for more than 10 years,” notes Lucas, recognized for her work on small-scale waste-to-energy. “However, the challenge has been finding an appropriate energy recovery technology to integrate with them. Our Deployable Waste-to-Energy Converter for Expeditionary Bases (DWECX) with Thermal Energy to Electrical Power System (TEEPS) can do both – while still maintaining a footprint no larger than the 20-foot ISO container required by expeditionary forces.”

About Eco Waste Solutions

Eco Waste Solutions (EWS) is a world leader in delivering modular thermal waste conversion solutions for military, industry and communities.  EWS delivers proven, bankable, waste management and energy-from-waste technologies. With clients as varied as Canadian Department of National Defence, the Swedish Armed Forces, and mining companies with projects all over the world, EWS continues to set the standard for waste management technology in North America and worldwide.

About EthosGen

EthosGen has established itself as an emerging global leader in deploying modular utility-grade systems to meet onsite electrical power and heating/cooling needs.  EthosGen offers scalable, flexible, packaged mechanical systems that convert heat from otherwise wasted sources such as waste streams, industrial processes, or geothermal heat to produce valuable energy at double-digit efficiencies.  EthosGen contributes to our clean energy future through its packaged solutions that are within reach of nearly anyone, anywhere.

About Rockwell Collins

Rockwell Collins (NYSE: COL) is a leader in aviation and high-integrity solutions for commercial and military customers around the world. Every day we help pilots safely and reliably navigate to the far corners of the earth; keep warfighters aware and informed in battle; deliver millions of messages for airlines and airports; and help passengers stay connected and comfortable throughout their journey. As experts in flight deck avionics, cabin electronics, cabin interiors, information management, mission communications, and simulation and training, we offer a comprehensive portfolio of products and services that can transform our customers’ futures.

Innovative Technology to streamlines brownfield industry projects

As reported by Martin Menachery in Arabian Oil and Gas, Over 95% of projects in the process industry in the Middle East (and comparable percentages around the world) are retrofits or expansions of existing plants that seek to increase capacity, comply with regulations, or introduce new technology to improve performance.

Moreover, often the building of a new plant is done on the brownfield site of an existing facility. For all these projects, capturing and modelling the existing context is critical to decision making and both conceptual and detailed engineering design. 3-D Software reality modelling technology is increasingly being leveraged to support these critical workflows.

In this year’s submissions for the ‘Be Inspired Awards’, there are five excellent examples using reality modelling technology in the process industry, demonstrating how this technology has now become an essential part of any brownfield or greenfield plant design project.

UCB, a global biopharmaceutical company, is using reality modelling for its iconic manufacturing plant in Belgium (which was established in 1928) to assess options and communicate ideas to help this complex and established site become carbon neutral by the year 2030.

ContextCapture was used to create an engineering-ready 3D model of the entire complex, including all the buildings, production facilities, roads, and parking areas, using both drone and terrestrial photography.

This context enabled the engineering team to quickly produce a 3D model to convey ideas and determine options. Point-cloud data from laser scans was then added to the model to enable accurate quantities to be calculated and precise measurements to be given to contractors for the priority work packages.

ABS Steel needed to modernise the fume extraction system for its large steel complex in Udine, Italy, to meet new regulations. It did not have a survey of the entire site since the complex was the result of a merger of two plants in 1988. ABS Steel awarded the contract to BM Engineering to survey the site.

It used laser scanning for inside the plant and photography for outside the plant, creating a combined engineering-ready model in MicroStation using ContextCapture and Bentley Pointools, which was read into AECOsim Building Designer and used to design the new fume extraction system. The model was then used to test the structural integrity of the aging parts of the factory.

By using a drone to capture photos of the roofs of the industrial buildings, and using ContextCapture to accurately create the 3D model, the project avoided the need to construct at least 70,000 temporary structures (guardrails, walkways, ladders, PPE, etc.) to conduct the survey work.

Flightline Geographics (FlightlineGeo) solved a problem for an owner of an ethanol plant in Kansas, United States, plant expansion of which was impeded by a lack of a drainage plan that would satisfy the local municipality. Traditional alternative methods, such as ground surveying and either ground or aerial LiDAR, were eliminated as possible solutions due to the short time frame and limited project budget involved.

A drone was able to survey this 200-acre ethanol plant site in one hour. (Image courtesy: FlightlineGeo)

It was decided to use a drone (UAV) and, once survey ground control was placed, the UAV capture of the 200-acre site was completed in a single one-hour flight. The team used ContextCapture to produce the 3D model that engineers needed to quickly calculate the results for the drainage and construction study, which was presented to municipal authorities a few days later.

Moreover, the team leveraged the same work to create a 3MX reality mesh that could then be used for visualisation within the Acute 3D viewer. It took just one week to conceive, capture, process, and deliver the project, and gain approval.

Technical Solutions International (RBI) is a world-class engineering inspection company headquartered in Durban, South Africa. RBI has deployed a solution that combines the use of unmanned autonomous vehicles (UAVs or drones), 3D reality modelling software (ContextCapture), a geographical information system (Bentley MAP), and engineering documentation management (ProjectWise) to manage the entire inspection process.

Its clients include petrochemical, pulp and paper, power generation, and telecommunications firms. The new process enables RBI to deliver more competitive services to its clients that speed survey time considerably and increase the value and visibility of its inspection survey data.

“UCB SA is driving a ‘smart factories’ initiative, leveraging Industry 4.0 and Bentley technology. Our objective is to reorganise production so that we are more adaptable and effective in the allocation of resources. We store our engineering data in ProjectWise for better collaboration among colleagues,” said Joseph Ciarmoli, Head of CAD engineering, UCB SA.

“Using ContextCapture for 3D modelling of our site provides geo-referencing and allocates geographical coordinates to our data. Analysing the 3D model together with the orthophoto drawings provides the official record of our land registry data, waterways, and buildings,” added Ciarmoli.

“We can also bring this 3D model into AECOsim Building Designer to support any building design changes. For proposed modifications to our production facilities, we use OpenPlant Modeler and OpenPlant Isometrics to provide precise 3D data for contractors and to automate the detection of clashes between pipes, structures, and equipment,” observed Ciarmoli.

“The interoperability of Bentley products has made it possible to optimise and significantly reduce the survey and reality modelling time, while also allowing a BIM model to be created that can easily be used by all stakeholders (structural and plant designers), who have decidedly and significantly improved the efficiency of their integrated design, allowing the implementation of the first revamping phase to be reached just three months after delivery of the BIM model,” said Marco Barberini of BM Engineering.

“Reality modelling using ContextCapture from Bentley enabled FlightlineGeo to process a large amount of data into information for the client in near real time. The project was completed ahead of time and under budget, allowing the company to acquire its expansion permit and move on with production of renewable energy,” commented Devon Humphrey, CEO, FlightlineGeo.

“Bentley’s range of products and integration between their products and our automated UAV systems gives us and our clients an added advantage against an ever-improving competitive market. The future we live in today,” said Stanley du Toit, technical and solution director, RBI Technical Solutions International.

3D design and conceptual model of the city of Coatesville’s “The Flats” brownfield redevelopment, a rugged, 30-acre former steel-mill site located 40 miles west of Philadelphia.

U.S. EPA Guidance Documents Are Not Enforceable Rules Says DOJ

by Van P. Hilderbrand, Jr. and Russell V. Randle at Miles & Stockbridge P.C.

Companies regulated by the U.S. Environmental Protection Agency (U.S. EPA) have long complained that U.S. EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid judicial review of such expansions. Moreover, regulated parties often argue that the U.S. EPA rigidly enforces such guidance as binding federal rules, but ignores such guidance when it likes. Without expressly referencing the U.S. EPA, the Department of Justice (DOJ) has now taken action that will make it harder for such alleged misuse to occur, whether by the U.S. EPA or by other agencies whose rules the DOJ enforces in federal civil cases through civil penalties and injunctive relief.

Guidance documents serve an essential role in environmental regulation, given the great complexity of the ecosystems to be protected and the intricacies of the industries regulated. The U.S. EPA often publishes policy and guidance documents to clarify enforcement authority, to encourage compliance, and to offer the official interpretation or view on specific issues. Over time, these policies and guidance documents have become a key tool in the DOJ’s enforcement toolbox. DOJ attorneys have used non-compliance with these policies and documents as evidence that the underlying regulation or statute has been violated.

Regulated parties have long objected to this practice because, unlike the underlying regulations, these guidance documents seldom are subject to the notice-and-comment procedures of the Administrative Procedure Act (APA) or judicial review before an enforcement case is brought, when a challenge to the EPA interpretation is a very high stakes gamble.

On January 25, 2018, the DOJ offered the regulated community some relief from this practice. Ironically, it did so in a Policy Memorandum – a guidance document – entitled, “Limiting Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases.” This policy memo prohibits DOJ attorneys from relying on agency guidance documents as the sole basis for their civil enforcement actions. In other words, DOJ attorneys can no longer bring enforcement actions that require compliance with agency policy and guidance in lieu of clearly articulated requirements in properly promulgated and binding federal rules. The Policy Memorandum’s impact across various regulated industries such as healthcare, finance, and tax will differ and remains uncertain; however, we see a particularly significant effect on DOJ’s ability to enforce environmental regulations and statutes administered by the U.S. EPA.

What does the Policy Memorandum say?

The Policy Memorandum memorializes what the regulated community has argued for many years – that “[g]uidance documents cannot create binding requirements that do not already exist by statute or regulation” – and provides a list of how DOJ attorneys may and may not use agency guidance in future and pending affirmative civil enforcement actions. According to the Policy Memorandum, DOJ may not:

  • Use its enforcement authority to effectively convert agency guidance documents into binding rules;
  • Use noncompliance with guidance documents as a basis for proving violations of applicable law in civil enforcement cases; and
  • Treat a party’s noncompliance with an agency guidance document as presumptively or conclusively establishing that the party violated the applicable statute or regulation.

The Policy Memorandum does not impose an absolute bar against using agency guidance; instead, DOJ attorneys may “continue to use agency guidance documents for proper purposes in such cases.” For example, guidance documents are often used as evidence that a regulated party had “requisite knowledge of the mandate.” This use is expressly still allowed. So is the use of guidance documents that simply explain or paraphrase the legal requirements in the four corners of the existing statutes or regulations, as long as the guidance doesn’t create new requirements.

What does the Policy Memorandum mean for the regulated community?

In practice, the new policy may reduce the use of civil enforcement actions to advance new EPA policy interpretations, interpretations which typically push the boundaries of the U.S. EPA’s legal authority. This effect may be particularly noticeable in connection with claimed violations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), the Clean Water Act, and the Clean Air Act.

Enforcement under these statutes relies heavily on thousands of pages of the U.S. EPA guidance documents. The interpretations of these guidance documents are often a moving target because very few have been subject to comment by the regulated community and the public or judicial review, as DOJ routinely argues that they are not “really” binding or justiciable.

The Superfund program, in particular, relies upon guidance documents to flesh out its requirements for removal and remedial work, rather than relying upon rules established under APA procedures. The government will have a more difficult time arguing that violations of EPA guidance constitutes a violation of CERCLA requirements; in practice, such guidance often imposes very detailed and sometimes onerous requirements not mentioned in the statute or any implementing regulation.

Similarly, the U.S. EPA and the U.S. Corps of Engineers are no longer relying upon the controversial 2015 rule defining “waters of the United States,” but instead rely upon guidance documents. The DOJ Policy Memorandum may have significant and unanticipated effects in that context, since the court decisions are divided as to what constitutes waters of the United States and what may constitute a jurisdictional wetland subject to permit requirements for dredge and fill work under Section 404 of the Clean Water Act.

It will also make it more difficult for DOJ to enforce settlement documents, consent decrees, and unilateral administrative orders since they are typically based on compliance with requirements discussed in dozens of EPA policies and guidance documents.

Although the DOJ Policy Memorandum does not address the U.S. EPA’s use of its own guidance documents in settlement discussions, in administrative enforcement proceedings, and when issuing notices of violations, DOJ’s announced unwillingness to rely upon the U.S. EPA guidance documents in subsequent civil enforcement actions should restrain such use, and force the U.S. EPA enforcement personnel to focus on clearer potential violations than in the past. That said, nothing in the Policy Memorandum prohibits a regulated party from citing agency guidance documents in its defense.

The Policy Memorandum is part of this Administration’s deregulatory agenda.

DOJ enforcement capability was already constrained by a November 16, 2017 “Prohibition of Improper Guidance Documents” which prevented DOJ from relying on its own published guidance documents. This policy memorandum issued by Attorney General Sessions prohibited DOJ attorneys from:

  • Issuing guidance documents that effectively create rights or obligations binding on the public without undergoing the notice-and-comment rulemaking process;
  • Creating binding standards by which DOJ will determine compliance with existing statutory or regulatory requirements; and
  • Using its guidance documents to coerce regulated parties into taking any action or refraining from taking any action beyond what is required by the terms of the applicable statute or lawful regulation.

It is no secret that the current Administration has set out a broader regulatory reform agenda focused on regulatory rollbacks to reduce unnecessary regulatory burdens. The recent February 2018 Policy Memorandum is an extension of the limitations imposed by the November 16, 2017 memorandum, and follows on the heels of other regulatory reform measures such as the establishment of various reform task forces and Executive Order (EO) 13771, “Reducing Regulation and Controlling Regulatory Costs,” which requires that any new incremental costs associated with a new regulation be offset by eliminating two existing regulations. Either by EO or by DOJ mandate, the current Administration continues to charge ahead with a deregulatory agenda that establishes less-restrictive rules for the regulated community.


As a result of this new policy, successful enforcement by the U.S. EPA and its enforcement counsel at DOJ will have to focus on clearer and it is hoped, more substantive violations of the U.S. EPA rules, and rely far less on requirements sought to be imposed by agency guidance documents. The impacts may be most pronounced in the Superfund and wetlands contexts, but will be a factor in almost every environmental regulatory program, given the complexity of these programs, and the undeniable need for agency guidance about practical implementation

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS.


About the Authors

Van P. Hilderbrand, Jr. is a member of Miles & Stockbridge  Products Liability & Mass Torts Practice Group.  He focuses his practice on environmental litigation, regulatory compliance issues, and advising on the environmental aspects of business and real estate transactions. His work also includes consulting on renewable energy project development and project finance transactions, conducting due diligence and assisting with permitting issues. He represents clients in a wide range of industries, including energy, manufacturing, consumer products, pharmaceuticals, chemicals, transportation, technology and real estate.

Formerly an associate with Sullivan & Worcester LLP in Washington, D.C., he previously practiced environmental law at Parker Poe Adams & Bernstein LLP in Charlotte, North Carolina.

Russell V. Randle is a seasoned environmental and export control practitioner with decades of experience managing litigation, regulatory compliance and transactional due diligence for his clients.

He has extensive experience with Superfund and contaminated properties, including many on the National Priorities List. Russ also has handled numerous matters arising under the Clean Air Act, Clean Water Act and Oil Pollution Act, as well as antimicrobial issues under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

In his export controls and sanctions practice, Russ covers the full spectrum of compliance, enforcement actions and audit issues related to defense trade, financial transfers and non-governmental organizations working in areas affected by U.S. sanctions.


This article was first published on the Miles & Stockbridge P.C. website.