Repeal of the Ontario Toxics Reduction Act, 2009

The Ontario government recently announced that it will repeal the Ontario Toxics Reduction Act, 2009 and revoke its associated regulations on December 31, 2021.

The purpose of the Toxics Reduction Act, 2009 is to prevent pollution by reducing the use and creation of toxic substances and inform Ontarians about those substances. Under the statute, industry is required to develop toxic reduction plans, and report publicly each year. Implementation of plans is voluntary.

The decision to revoke the statute was reached by the government following consultation with stakeholders and in keeping with the government’s Ontario Open for Business Action Plan. During the consultation period, the government received a total of 431 comments from various stakeholders.

The reason given by the government for the planned repeal was that the Toxics Reduction Program has not achieved meaningful reductions. The government stated that results indicate an overall reduction of only 0.04% of substances used, created and released for all regulated facilities.

This graph illustrates the number of substances as reported to the Ontario Environment Ministry under the Toxics Reduction Regulations by facilities for 2013

In repealing the Toxics Reduction Act, 2009 in 2021, the Ontario government believes that it will eliminate duplication and overlap with the federal government’s Chemicals Management Plan program under the Canadian Environmental Protection Act 1999.

Regulated facilities in Ontario still have to maintain reporting under the Toxics Reduction Act, 2009 and its associated regulations until December 31, 2021.

Existing facilities with current plans for substances that meet reporting thresholds are required to report annually on:

  • the amounts of those substances used, created, contained in product; and
  • the progress in reducing those substances.

Until the repeal, facilities can continue to voluntarily amend their plans. Summaries of amended plans must also be made available to the public.

Global Crisis, Emergency and Incident Management Platforms Market 2019

Persistence Market Research recent market report on Global Crisis, Emergency and Incident Management Platforms estimates that it will be worth $102 billion (USD) by the end of 2024.

A 2017 market analysis by Persistence Market Research on the market in North America predicted the year-over-year growth the Global Crisis, Emergency and Incident Management Platforms to increase at a CAGR of 7.2%. through to 2023. The 2017 report estimated that the North America market accounted for a relatively high market share and be valued at more than US$ 20 Billion in 2017. The report estimated that the North American regional market would continue to remain dominant in terms of value during the forecast period (2017 – 2024).

The latest market report from Persistence Market Research predicts that the global market or crisis, emergency & incident management platforms will be fragmented across various systems and platforms. Among which, the demand for web-based emergency management software, geospatial technology, emergency notification system, hazmat technology, seismic warning systems, and remote weather monitoring systems is expected to gain traction throughout the forecast period. These systems are also predicted to be demanding greater incorporation of communication technologies. Through 2024, satellite phone, vehicle-ready gateways, and emergency response radars will be the most dominant type of communication technologies used in working of any crisis, emergency & incident management platform.

Likewise, the report also expects that during the stipulated forecast period, professional services such as consulting and emergency operation center (EOC) design & integration will be in great demand. By the end of 2024, crisis, emergency & incident management platforms will be actively adopted across industry verticals such as BFSI, energy & utility, government & defense, and telecommunication and IT.

A regional analysis of the global crisis, emergency & incident management platform market indicates that North America will dominate by accounting for over US$ 36 Billion revenues by 2024-end. Adoption for such platforms will also be high in Asia-Pacific, and the region is expected to showcase a 6% value CAGR.

Leading providers of crisis, emergency & incident management platforms in the world include Honeywell International, Inc., Lockheed Martin Corporation, Motorola Solution, Inc., Rockwell Collins, Inc., Siemens AG, Iridium Communication Inc., Guardly, Environmental System Research Institute, Inc., and Intergraph Corporation.

U.S. Opportunity: U.S. ITRC Issues RFP for 2020 Technical Projects

The United States Interstate Technology and Regulatory Council (ITRC) recently issued a Request for Proposals (RFP) for projects that address urgent environmental issues and advance innovative technologies and processes. The proposals that are selected by the ITRC Board of Advisors will begin in January 2020.

All applicable environmental topics will be considered, but evaluation criteria will give greater weight to proposals that address the needs listed in the 2020 ITRC Priorities list, or proposals which update ITRC documents that are outdated. Existing ITRC documents can be found here.

More information about the Project Proposal Process is available here. Please follow the instructions found in the selection process and criteria document, and use the proposal template to submit your proposal.

The ITRC Board of Advisors will conduct a preliminary evaluation of all proposals received by the deadline and in the proper format. The purpose of this preliminary evaluation is to determine what needs to be clarified during the Board interview on May 23, or to determine if a proposal should not move onto the next step in the evaluation process.

The Board will use the following criteria:

  • Is the proposal consistent with ITRC’s mission, goals, and strategic planning objectives?
  • Does the proposal address regulatory or technical barriers (which includes lack of awareness or lack of educational resources) to environmental solutions?
  • Does the proposal address a need of a broad spectrum of groups/states? Is the proposed guidance and training likely to be used by a large number of people, even though the subject may not have a high level of current interest? (e.g. passive sampling, ISM, GW statistics)
  • Is the problem/subject to be addressed clearly defined?
  • Does the project have a defined and manageable scope?
  • Does the proposal have the support of at least five states to be implemented, with two state personnel (with accomplished project management skills and a working knowledge of the subject matter) as potential Team Leaders?
  • Does the proposal consider the requisite subject matter expertise within its team composition?
  • Does the project propose the development of tools which are functional, educational, and able to address the needs of a varied audience?

2020 ITRC Priorities (see the expanded list here) include water reuse, waste reduction, chemicals of emerging concern, cleanup technology, water quality, and air quality.

Proposals are due electronically to the ITRC Director (preyes@ecos.org) by Wednesday, May 10, 2019. Proposers are reminded to review the evaluation criteria and present a proposal that is technical in nature, not policy-oriented, nor a research or demonstration project. All questions should also be addressed to Patty at preyes@ecos.org.

Get Rid of Outdated Hazmat Compliance Materials

Written by Hazmat University

Spring is in the air! And along with that comes the pleasant and incessant urge to clean closets, declutter the house, and scrub the whole thing down!  Something that we may overlook, however, is that Spring is also a perfect time to do a Hazardous Materials refresh – and it doesn’t involve washing walls!  

Spring Clean and Keep Current Hazmat Compliance Materials

Spring is also an ideal time to do a Hazardous Materials refresh. Many people avoid this kind of clean-up because they don’t know what they should keep and for how long. But hazmat compliance is dependent on maintaining current knowledge and current practices. Now really is an excellent time to make sure that your hazardous materials are current, relevant, and not overly burdensome for the people that need them to properly do their jobs.

Out With The Old, Hold On to the Current

Do you have a tendency to hold on to outdated materials, forms, or labels? If you are, stop immediately. Hazmat compliance materials are detail-oriented to begin with, so the simpler, clearer and less cluttered, the better. You’ll be happy you did it. Outdated materials present the danger of actually being used by someone and causing an issue. Good riddance, old subsidiary risk labels!

Which Important Documents Should You Keep?

As regulations for shipping dangerous goods increase in complexity, there’s no reason to keep information laying around that could increase your risk for non-compliance, including stopped shipments, supply chain delays, fines and more.

The industry makes sweeping changes all the time, making it all the more important to only have up-to-date regulations on hand. If your printed copies of 49 CFR, IATA DGR, or the IMDG Code are outdated, it may be time to move on to online resources. An example of an online resource is Title 49 CFR   “e-CFR” which is available online, and the Government Publishing Office maintains it so that it is always up-to-date.

Compliance is dependent on maintaining current knowledge and current practices, and this is a perfect time to ensure that your hazardous materials

  • regulations;
  • policies;
  • practices;
  • employee training;
  • training content;
  • training records;
  • packaging closure instructions;
  • internal audits;
  • emergency response provider product information;
  • and more

are current, relevant, and not overly burdensome for the people that rely on them to properly do their job. Hazardous materials transportation compliance is detail-saturated to begin with, so the simpler you can make it, the better – and you’ll be happy that you did.

Making sure you discard old training and compliance documents is crucial, especially if you have new or inexperienced hazmat employees. Remembering all the regulations for various shipping transportation processes can be difficult. That’s part of the reason why it’s crucial to stay up-to-date on regulations.

It’s also critical that hazmat employees have access to transportation regulations at all times in case they need to refer to them. Remembering the most essential aspects of hazmat compliance becomes second nature for most employees, but that happens over time.

Stay Up-to-Date with Hazmat University

Everyone involved in the transportation of hazardous materials in commerce is required by law to be aware and comply with the appropriate regulations. Hazmat University offers several training programs for shipping and handling hazmat by air, ground, and sea. Courses include initial training for novices, recurrent training for those with more experience.

Now we can take a breath of that fresh spring air, and just maybe we have inspired you to clean out those closets too! Happy Spring from the Bureau of Dangerous Goods!

Montreal’s $75 million grant program for brownfield redevelopment

The City of Montreal has $75 million available in grants it will be giving away to encourage redevelopment of brownfield sites in the City. The funding was made available from the Quebec government last year.

Map of the City of Montreal outlining the Island of Montreal

The Funds will be available for eligible developers that decontaminated brownfields within the city and redevelop them. The money is to be spent between now and 2022.

Quebec Environment Minister Chantal Rouleau with Montreal Mayor Valerie Plante

Montreal Mayor Valerie Plante said a portion of the fund will also go toward decontaminating buildings. “It’s huge because I hate to say it but the entire island of Montreal is contaminated except for the existing greenlands of course. So every time we want to attract businesses, big investments, and they want to build something somewhere, and even for housing or anything; schools, parks, everything, we need to go through the decontamination phase,” said Ms. Plante.

The grants will cover 15 to 70 percent of costs for eligible projects. The remainder of the clean-up costs would need to come from the other parties involved.

Companies or developers will present their projects to the city and Montreal will grant an amount based on the type of project presented and its environmental-friendliness.

Southern Railway pleads guilty to Canadian TDGA violations

New Brunswick Southern Railway recently pled guilty to two of the 24 charges that had been laid against it under the Canadian Transportation of Dangerous Goods Act (TDGA). The charges deal with the mislabeling of tank cars by untrained staff.

The case stems from a Transport Canada investigation triggered by the Lac-Mégantic derailment and fire that killed 47 people in Quebec in July 2013.

Although that train the derailed at Lac-Mégantic  belonged to another railway — Montreal, Maine and Atlantic — and was travelling on that company’s track, the crude rail cars were destined for Saint John, New Brunswick and were to travel on NB Southern Railway track.

“The offences that we had in this case has no relation to Lac-Mégantic whatsoever,” federal prosecutor Denis Lavoie told reporters outside the courthouse following the guilty pleas made by Southern Railway

Investigators found that 6,800 tank cars of crude sent out prior to the Lac-Mégantic disaster had incorrect documentation prepared by untrained and uncertified NB Southern staff.

Twelve of the initial charges, under the Transportation of Dangerous Goods Act, related to failing to create proper shipping documents for the purpose of transporting petroleum crude oil. The other 12 charges related to having unqualified personnel complete the documentation.

Through a settlement, New Brunswick Southern Railway agreed to pay $10,000.00 in fines and $40,000 to be invested in improving the safety of the transportation of dangerous goods in Canada.

The Honourable Marc Garneau, Minister of Transport, stated the following in a press release: “As Minister of Transport, my thoughts continue to go out to the community of Lac-Mégantic and all those affected by this tragedy. Today, we close another chapter in this tragic event through a settlement that we have reached with New Brunswick Southern Railway.”

Windsor provides $10.5 million in incentives to develop brownfield site

Farhi Holdings Corporation has been approved for almost $10.5 million in financial incentives from the City of Windsor as part of the Brownfield Redevelopment Community Improvement Plan.

The developer has owned a 24.5 hectare (60 acre) piece of vacant land next to the WFCU Centre, Windsors sports and entertainment complex, since 2005. It had been zoned industrial and had been the home of a GM trim plant and other industrial operations.

Farhi is working toward developing the site as office/retail/commercial space that will include 119 detached residential lots, four townhouse blocks, five multiple dwellings buildings, and a hotel. Approximately 3.1 hectares will remain for commercial development. The redevelopment is estimated to cost $59 million. The company is anticipating that work at the site will begin in the Fall.

The 24.5 hectare property represents approximately 11 percent of the City of Windsor’s brownfield inventory. It’s location next to the WCFU Centre makes it an ideal redevelopment opportunity.

The Windsor Brownfield Redevelopment Community Improvement Plan is designed to encourage the development of brownfields by offering incentives for development. In case of the Farhi Holdings property, the
$10.5 million in incentives from the City of Windsor will be in the form of tax breaks over a 13 year time period.

Farhi Holdings had a consultant conducted an environmental site assessment and estimate the cost of remediation. The environmental report estimates that 31,215 cubic metres of contaminated soil will need to be removed and replaced with clean fill. The total estimated cost for remediation and demolition work at the property is $6.4 million.

One section of the property (the area for the proposed hotel) has already been remediated and is not part of brownfield redevelopment incentive agreement. The hotel, once built, would generated between $380,000 to $450,000 in annual property tax revenue to the City.

A search of the Record of Site Condition (RSC) registry shows that one has not yet been filed for the property – 1600 Lauzon Road. Typically, an RSC is required prior a property zoning being changed. An RSC is a record of the site conditions and includes information on any remedial activity and the level of contamination at a site.

Farhi Holdings Corporation is a real estate and development company based in London, Ontario. The company was founded in 1988.

Quebec to Track Contaminated Soil Movement in Real Time

The Quebec Government recently announcement that it will adopt the regulation that will include the implementation of a system in which the movement of contaminated soil will be tracked in real time. Under the tracking system, the site owner, project manager, regulator, carrier, and receiving site, and other stakeholders will be able to know where contaminated soil is being shipped from, where it’s going, its quantity and what routes will be used to transport it.

Contaminated soil will be tracked in real time, starting from its excavation, through a global positioning system. The system, Traces Québec, is already in place in Montreal as part of a pilot project launched last March.

Traces Quebec , an initiative of Réseau Environnement in partnership with WikiNet , offers the first integrated traceability solution for contaminated soils in Quebec. Performing on a web platform, the Traces Quebec traceability system allows contaminated soil owners to follow in real time the movement of their materials and to have an encrypted, confidential and archived trace of the displaced materials. In an era of transparency and eco-citizenship, Traces Québec allows contaminated soil owners to demonstrate beyond any doubt their exemplary management of these materials.

Combining the Internet of Things (IoT) and artificial intelligence, Traces Quebec is an independent application that allows complete traceability of materials to their destination. Transactions are encrypted, unalterable and private, and compatible with smart phones and conventional GPS fleet systems.

With a system such as Traces Québec, all players in the field in Quebec will benefit from increased traceability and responsible management of transported excavated materials, particularly treatment, transfer stations and landfills, which will increase the volume materials shipped to their sites. Owners of these materials concerned with their good management, including municipalities, will also come out winners and can easily testify to their good management. Management in compliance with the laws and regulations concerning the protection of the environment; this is the essential contribution of Traces Québec.

The Quebec government also intends to increase he number of inspections on receiving sites. Furthermore, fines will be increased for those taking part in illegal dumping — from $350 to $3 million depending on the gravity of the offence, the type of soil and if they are repeat offenders, among other criteria.

How the GPS tracking system works

B.C. Court Case on the requirements of Insurance Companies to defend pollution lawsuit against client

The British Columbia Court of Appeal recently issued a decision that overturned the ruling of the Supreme Court of B.C. on the responsibility of two insurance companies to pay for environmental clean-up under their general liability coverage.

The case deals with West Van Holdings Ltd. (“West Van”) and West Van Lions Gate Cleaners Ltd. (“Lions Gate”) claiming their general liability insurance requires their insurers to defend them for any claims against them and cover any damages arising out of contaminants alleged to have migrated from property owned and used by them, to adjacent lands.

Lions Gate Dry Cleaners, 1987 (Photo Credit: William McPhee)

The B.C. Court of Appeal is the highest court in the province. It hears appeals from the B.C. Supreme Court, from the Provincial Court on some criminal matters, and reviews and appeals from some administrative boards and tribunals.

The B.C. Court of Appeal ruling means that the two insurance companies do not have to defend a Vancouver area dry cleaner or its holding company against a lawsuit filed by its neighbours alleging soil contamination.

The B.C. Court of Appeal noted that the “policies do not include coverage for liability arising before the policy periods”, as one justification for overturning the Supreme Court of B.C.’s original ruling.

In December 2017, the Supreme Court of B.C. had issued a decision which required two insurance companies to defend a pollution lawsuit against the owner of a dry cleaning business. The dry cleaner was being sued for allegedly contaminating neighbouring properties.

The two insurance companies argued that they were not responsible for paying for the environmental damages because pollution was excluded from both of their applicable general liability policies. The Supreme Court of B.C. dismissed their argument and stated, in short, that the pollution exclusion must “clearly and unambiguously” exclude coverage. Moreover, the Court stated that the pollution exclusion must apply to “all of the claims made against the insured” in order to free the carriers of their duty to defend.

In its ruling, the Supreme Court of B.C. viewed the construction of the pollution exclusion and more specifically the words “…premises owned, rented or occupied by an Insured…” as ambiguous with respect to coverage for remediation costs arising from pollutants that may have been used before the insured owned and/or operated on the premises.   Further, the Court noted that the pollution exclusion lacked clarity on whether the exclusion extends to “concurrent liability, contributory liability or retroactive liability” attaching to the insured by statute. 

U.S. DOE seeking contractor to provide supplemental organic treatment at Superfund Site

The United States Department of the Energy (U.S. DOE) Washington River Protection Solutions LLC recently issued an Expressions of Interest (EOI) from contractors capable of providing a supplemental organic treatment system for one the 200 Area effluent treatment facility (ETF) at the Hanford Superfund Site.

The Hanford Site is a decommissioned nuclear production complex operated by the United States federal government on the Columbia River in Benton County in the U.S. state of Washington.

The main treatment train at ETF currently eliminates the hazardous characteristics of the waste and allows for delisting the effluent. Beginning around January 2022, the ETF will receive a new wastewater stream that will be generated nearly continuously for a period of ~40 years and is anticipated to contain at least four organic constituents-acetonitrile, acrylonitrile, acetone, and methylene chloride-in concentrations that exceed the expected performance range for the existing system.

Input is requested from Industry to enable an evaluation of an off-the-shelf procurement and a procurement/design activities solution to meet the future requirement. Expressions of interest are due by 9:00 AM PT on May 6, 2019.

More information is available here: https://www.fbo.gov/spg/DOE/CHG/ORP/EOI-KJF-19-04-01/listing.html

About the Hanford Site

Established in 1943 as part of the U.S. Manhattan Project in Hanford, south-central Washington, the site was home to the B Reactor, the first full-scale plutonium production reactor in the world.

Most of the reactors were shut down between 1964 and 1971. The last reactor at the Hanford site operated until 1987. Since then, most of the Hanford reactors have been entombed (“cocooned”) to allow the radioactive materials to decay, and the surrounding structures have been removed and buried.

In 1989, the State of Washington (Dept. of Ecology), the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Energy (DOE) entered into the Tri-Party Agreement which sets targets, or milestones, for cleanup. The U.S. EPA and State of Washington Dept. of Ecology share regulatory oversight based on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also referred to as Superfund) and the Resource Conservation and Recovery Act (RCRA).

The U.S. Department of Energy (DOE) Office of River Protection (ORP) operates the 200 Area ETF. The ETF has been treating wastewaters from processing activities at the Hanford Site since 1994. The main treatment train at ETF includes, in order: pH adjustment; coarse filtration; ultraviolet/hydrogen peroxide oxidation (UV/OX); pH adjustment; excess peroxide decomposition; degasification; fine filtration; reverse osmosis (RO); and, ion exchange (IX).

To date, $15 billion (U.S.) has been spent on clean-up efforts at the Hanford site. In 2014, the estimated cost of the remaining Hanford clean was $113.6 billion (U.S.). Clean-up was estimated to occur until 2046. There are over 10,000 workers on site to consolidate, clean up, and mitigate waste, contaminated buildings, and contaminated soil.