U.S. EPA Evaluates Hurricane Harvey impact on U.S. Superfund Sites in Texas

In a September 8th update, the U.S. Environmental Protection Agency (U.S. EPA) and the Texas Commission of Environmental Quality (TCEQ) stated that the two agencies continue to get updates about the status of specific Superfund sites from the parties responsible for ongoing cleanup of the sites.  The TCEQ has completed the assessment of all 17 state Superfund sites in the area affected by Hurricane Harvey.  The two agencies reported that there were no major issues noted.  The TCEQ will continue to monitor sites to ensure no further action is needed in regards to the storm.

The U.S. EPA completed site assessments at all 43 Superfund sites affected by the storm.  Of these sites, two (San Jacinto and U.S. Oil Recovery) require additional assessment efforts.  Assessments of these sites will take several more days to complete.

Harris County, Texas Superfund Sites Map

 

The San Jacinto Waste Pits site has a temporary armored cap designed to prevent migration of hazardous material.  The U.S. EPA remedial manager is onsite and overseeing the assessment.  Crews continue to survey portions of the cap that are submerged.  There are some areas where rock has been displaced and the liner is exposed.  The potential responsible party has mobilized heavy equipment and is placing rock on different places on the armored cap to repair the defensive surface. The liner is in place and functional so we don’t have any indication that the underlying waste materials have been exposed. If we find a breach in the exposed liner, we direct the responsible party to collect samples to determine if any materials have been released. Also, the EPA has dive teams to survey the cap underwater if needed.

Work to improve conditions after the storm has continued at the U.S. Oil Recovery site to address flood water from the storm.  Nine vacuum truckloads of approximately 45,000 gallons of storm water were removed and shipped offsite for disposal.  No sheen or odor was observed in the overflowing water, and an additional tank is being used to maintain freeboard to keep water on-site.  The U.S. EPA has directed potential responsible parties or has independently started collecting samples at the 43 Superfund sites to further confirm any impacts from the storm.  The total number of Superfund sites increased from 41 to 43 with the addition of Rapides Parish, Louisiana and Waller County, Texas as disaster declared areas.  Sampling efforts of all 43 sites is expected to be completed early next week with sample results will be available soon.

Victoria, B.C. faces Major Bill to Clean up Contaminated Park

As reported in Victoria News, Laurel Point Park is contaminated and the City of Victoria is looking at a potential $5-million bill to clean it up.

The City will spend up to $350,000 to confirm the degree of contamination and create a remediation plan.

The park, located along the David Foster Harbour Pathway next to property owned by Transport Canada, is contaminated with high levels of metal and petroleum hydrocarbons in the soil and groundwater, according to a staff report presented to council last week. Chemical discharges from nearby property likely contaminated the aquatic environment, water and the soil because of area’s industrial past, the report stated.

Laurel Point Park, Victoria, B.C.

For now, there is little risk to the public.  Counsellor Chris Coleman said the contamination is capped and secured, as long as it is left alone.

“If there was (a risk to the public), then we would close the park,” he said.

“It’s the sort of thing that we’ve seen in the past, when there was leeching from the Hartland Road landfill,” Coleman added. “It went into the groundwater … it then caused an algal bloom in the Butchart Gardens. That’s what you’re trying to control for here.”

The park, and the surrounding lands on the Laurel Point peninsula, were burial grounds for the Songhees people prior to 1885, after which it was used by various industrial facilities, including paint factories, machine shops, and for processing coal and oil.

Victoria council approved the next stage of SLR Consulting’s environmental investigation using money from the environmental remediation funds in city’s financial plan for 2017.

The next step in the process is a risk assessment, with an estimated cost of up to $150,000. It will take an additional $50,000 for the remediation plan, and up to $5 million to put the plan into action.

The surrounding land owned by Transport Canada will also have to be excavated and disposed off-site, according to preliminary reports.

New Method to Quickly and Cheaply Determine Metal Contamination at Sites

In a recent paper in the Journal of Environmental Pollution, researchers from Macquarie University in Sydney, Australia describe a new accurate, rapid and inexpensive method for assessing metal-contaminated sites.  The paper describes the results of in-field trials of the new method and comparison of it to lab results.

The new method uses a combination of portable X-ray Fluorescence technology (pXRF) – a popular on-site contamination-measuring system – with conventional laboratory analysis to accurately measure the extent and distribution of metal contamination at a site.

“Metal-contaminated sites are often haphazard when it comes to the distribution of metal contaminants, making it problematic for investigators when they are limited by the costs associated with analyzing a large number of samples in the lab.  As such, investigators are expected to attempt to characterize contaminated sites with a limited number of laboratory measurements to save on costs,” said lead author Marek Rouillon.

“On the other hand, when investigators are free to take a large number of measurements to determine the contamination at a site, they gain a greater understanding of the extent and distribution of the contamination, therefore lowering the risk of site misclassification,” Rouillon added.

As a result, the researchers wanted to develop a way to measure more samples using a rapid on-site measurement method that produced results in an accurate and more cost effective manner than current techniques allowed.

“To achieve this, we decided to integrate the advantages of in-situ pXRF, an inexpensive measurement method that can be done on-site allowing investigators to collect real-time data, with the more thorough laboratory analysis technique of ICP–MS,” explained Rouillon.

The study, described in the Journal article, demonstrated that 20 second in-situ pXRF measurements can be corrected to align with a small subset of ICP–MS data, allowing for the accurate, rapid and inexpensive high resolution characterization of metal-contaminated sites.  The researchers found that sampling (not analysis) contributes the greatest uncertainty towards measurements, and should be estimated at each metal-contaminated site.

“Measuring contaminants in real-time using in-situ pXRF enables efficient, on-site decision making for further sampling, without the need to return to the site,” explained Professor Mark Taylor.  “This is an incredibly useful way to go about testing for metal contamination at a site.”

The researchers emphasize that the new method has several benefits including superior site characterization, greater soil-mapping resolution, reduced uncertainty around the site mean and reduced sampling uncertainty.

“Our in-situ pXRF/ICP–MS method not only generates superior site assessment information for more confident decision making, but is less expensive when compared to the current standard practice of merely sampling and off-site laboratory measurements,” concluded Professor Rouillon.

Tribunal gives Ontario Environment Ministry Broad Preventative Powers over Migrating Contamination

by Stanley D. Berger

On September 1, 2017, the Ontario Environmental Review Tribunal in the matter of Hamilton Beach Brands Canada Inc. et al. v. the Director, Ministry of the Environment and Climate Change made a preliminary ruling that the Director had jurisdiction to make an order under s.18 of the Environmental Protection Act (EPA) requiring a person who owns or owned, or has or had management or control of a contaminated undertaking or property to delineate contamination that had already migrated to off-site properties. The property in question, formerly a small-appliance manufacturing business, was contaminated and the various contaminants were of concern to the Ministry, having migrated to other Picton residential, commercial and institutional properties where they might be entering nearby buildings by vapour intrusion. Section 18 of the EPA provides that the Director may make orders preventing, decreasing or eliminating an adverse effect that may result from the discharge of a contaminant from the undertaking or the presence or discharge of a contaminant in, on or under the property. The Director’s Order was challenged on three grounds:

  1. The adverse effect the Director could address was limited to a future event or circumstance (given that s.18 is prospective and preventative);
  2. The adverse effect had to relate to the potential off-site migration of a contaminant that was on an orderee’s property at the time the order was made;
  3. The order could require work only on site but not off-site, to address the risk of an adverse effect.

The Tribunal rejected all three arguments, reasoning that adverse effects resulting from contamination were frequently ongoing rather than static, with no clear line between existing and future effects. The Tribunal looked to the purpose of the EPA which was to protect and conserve the natural environment and found the orderees’ arguments were inconsistent with this purpose. Contamination and adverse effects were not constrained by property boundaries and therefore it was immaterial whether the contaminant was on the orderee’s property at the time the order was made. Finally, the list of requirements that could be ordered under s.18(1) EPA included off-site work. _________________

About the Author

Mr. Berger has practiced regulatory law for 36 years. He is a partner at Fogler Rubinoff LLP. He is certified by the Law Society of Upper Canada as a specialist in Environmental Law. He represents nuclear operators and suppliers in regulatory and environmental matters and in the negotiation of risk clauses in supply contracts and government indemnity agreements.He has prosecuted and defended environmental , occupational health and safety and criminal charges . He represents clients on access to information appeals before Ontario’s Freedom of Information Commission. He has also represented First Nations seeking equity partnerships in renewable energy projects. He started as an Assistant Crown Attorney in Toronto (1981), became the Deputy Director for Legal Services /Prosecutions at the Ministry of the Environment (1991) and Assistant General Counsel at Ontario Power Generation Inc.(1998-2012) During his 14 years at OPG, Mr. Berger won the President’s Award for his legal contribution to the Joint Review Panel environmental assessment and licensing hearing into the Nuclear New Build Project for Clarington . He won a Power Within Award for his legal support of the Hosting Agreement with local municipalities for the project to create a long term deep geologic repository for low and intermediate nuclear waste in Tiverton, Ontario.

 

Validation of handheld X-Ray Fluorescence for In-Situ Measurement of Mercury in Soils

Researchers recently reported the results of an evaluation of a handheld X-ray fluorescence (XRF) device as a field screening tool for soil mercury as part of on-going remedial investigations along the South River in Waynesboro, Virginia.  As reported by the research team, the method achieved a detection limit of 7.4 mg/kg Hg with a 60-s analysis time, which improves upon earlier attempts and is sufficient for detecting mercury at generic risk assessment soil screening levels (23 mg/kg Hg).  The study also demonstrated levels of accuracy and precision for the method that rivaled traditional laboratory methods.  In a split-sample comparison with laboratory Method 7471A, field XRF results agreed with an R2 of 0.93 and a median coefficient of variation of 15%.  Precision estimates from duplicate and triplicate samples were not statistically different between the two methods and were constrained by sample heterogeneity rather than by method capabilities.

The study demonstrated that handheld XRF can be successfully used at contaminated sites to achieve high quality Hg results that are accurate, precise, and at a level of sensitivity commensurate with generic risk assessment screening levels.

Schematic of an X-ray fluorescence (XRF) device

WSP expands water and environmental expertise in U.S.

WSP Global Inc. (Montreal, Quebec) recently acquired Leggette, Brashears and Graham Inc. (LBG, Shelton, Conn.), a 150-employee groundwater and environmental engineering services firm.  Founded in 1944, LBG has 17 offices and expertise in hydrogeology, groundwater and surface water modeling, dewatering and depressurization, environmental investigation and remediation.  

It is reputed to be the first consulting firm in the United States to specialize in groundwater geology.  The acquisition aligns with WSP’s 2015-2018 Strategic Plan and will bolster WSP’s Water and Environment practice by increasing its groundwater geology capabilities, strengthening its environmental services expertise, and expanding its national footprint.  WSP acquired Schlumberger Water Services in 2016.  Following the LBG acquisition, WSP’s water and environment business line in the United States comprises more than 600 employees in 40 locations across the country.

 

Arcadis achieves U.S. Department of Defense Accreditation

Arcadis, a design and consultancy firm for natural and built assets, recently announced that it achieved U.S. Department of Defense (DoD) accreditation for its Advanced Geophysical Classification (AGC) quality and technical platforms, enabling Arcadis to identify, test and remove explosive hazards at defense sites and avoid costly excavation of non-explosive debris.

Arcadis was accredited by the American Association for Laboratory Accreditation (A2LA) to perform AGC under the DoD AGC Program to perform complex subsurface munitions identification work.  Accreditation is based on the internationally recognized ISO/IEC 17025 standard and is achieved through a multi-step process including the review, assessment and on-site audit of the Arcadis Quality Management System and demonstration of ability to classify subsurface metallic objects as munitions at a DoD test site.

AGC is an innovative approach to munitions response remediation activities because it classifies subsurface objects as unexploded ordnance potentially containing explosive hazards or non-hazardous materials that can be left in the ground.  Using AGC significantly reduces the number of subsurface objects requiring intrusive investigation and reduces remediation completion costs. The DoD anticipates AGC will significantly reduce their environmental liability by millions of dollars and will accelerate the cleanup of defense sites.

AGC has been successfully used at sites across the U.S. for the DoD Environmental Securities Technology Certification Program, the U.S. Army Corps of Engineers and the U.S. Navy, including a contract with the U.S. Army Engineering and Support Center Huntsville to locate and safely remove World War II-era military ordnance from residential and recreational areas at Fort Pierce, Florida.

Aracadis Advanced Geophysical Classification Equipment

 

Canadian Brownie Award Nominations Deadline – September 15th

There is still time to nominate for the Canadian Brownie Awards!

The Brownie Awards recognize the builders, innovators and visionaries who are dedicated to the rehabilitation of brownfield sites that were once contaminated, under-utilized and undeveloped into productive residential and commercial projects that contribute to the growth of healthy communities across Canada.

The Brownies are open to everyone in the Canadian brownfield community.

The Brownies are designed to recognize excellence in projects or programs. Any organization involved in brownfield redevelopment in Canada can submit a nomination – municipalities, utilities, developers, consultants, property owners, non-governmental organizations, regulators, etc. – either on behalf of someone else or for its own work.

If you have completed, or are working on, a project that fits in one of the award categories below, please consider submitting a nomination. NOMINATIONS CLOSE FRIDAY, SEPTEMBER 15.

The Brownie Awards will be presented on
Wednesday, November 22, 2017
at a gala celebration at the Delta Toronto Hotel.
Reception: 5 p.m.  •  Dinner: 6 p.m.

For award category sponsorships, corporate tables or single tickets, please contact:
Elena Langlois • elena@actualmedia.ca • (416) 444-5842 ext. 151

Canadian company fined $100,000 for contravening dry-cleaning regulations

Recently, Dalex Canada Inc., located in Concord, Ontario, pleaded guilty in the Ontario Court of Justice to one count of contravening the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations made pursuant to the Canadian Environmental Protection Act, 1999.  Dalex Canada Inc. was fined $100,000, which will be directed to the Environmental Damages Fund.  The Environmental Damages Fund is administered by Environment and Climate Change Canada. Created in 1995, it provides a way to direct funds received as a result of fines, court orders, and voluntary payments to projects that will benefit our natural environment.

Dalex Headquarters, Concord, Ontario

Environment and Climate Change Canada enforcement officers conducted inspections in 2014 and identified instances where tetrachloroethylene was being sold to owners and operators of dry-cleaning facilities who did not meet regulatory standards.  As a result of Environment and Climate Change Canada’s subsequent investigation, Dalex Canada Inc. pleaded guilty to selling tetrachloroethylene to an owner or operator of a dry-cleaning facility who was not in compliance with the regulations.  The regulations prohibit anyone from selling tetrachloroethylene to dry cleaners unless the dry-cleaning facility is compliant with certain sections of the regulations.

In addition to the fine, the court ordered Dalex Canada Inc. to publish an article in an industry publication, subject to Environment and Climate Change Canada’s approval.  Dalex Canada Inc. is also required to notify Environment and Climate Change Canada before resuming sales of the regulated product to dry cleaners. As a result of this conviction, the company’s name will be added to the federal Environmental Offenders Registry.  The Environmental Offenders Registry contains information on convictions of corporations registered for offences committed under certain federal environmental laws.

Tetrachloroethylene, also known as PERC, enters the environment through the atmosphere, where it can damage plants and find its way into ground water.

Labrador Dump to be converted to Wetland

As reported by the CBC, The Canadian Department of National Defence is cleaning up an old dump in Happy Valley-Goose Bay, Newfoundland and Labrador.

Crews are working to clean up the old dump used by the 5 Wing Goose Bay base, and will be creating an engineered wetland to filter out potential contaminants in the soil.

Happy Valley-Goose Bay is a town of 8,000 people in the located in in the central part of Labrador on the coast of Lake Melville and the Grand River, near the North Atlantic Ocean.

This kind of wetland differs from others that focus on preserving at-risk species of ducks and waterfowl, says Lori Whalen, contaminated sites manager with the Department of National Defence.

“An engineered wetland is a passive designed wetland that is meant to be part of a remedial system, so it’s actually acting like a filter,” she said.

Lori Whalen, contaminated sites manager with the Department of National Defence (Photo Credit: Gary Moore/CBC)

The site was used as the main dump for 5 Wing Goose Bay, and Whalen said the pollution is mainly a legacy of the American Air Force when they used the base in the mid- to late 1900s.

At that time, Whalen said, there were not environmental regulations in place to ensure things were disposed of properly.

“We have material from domestic waste, construction debris, barrels that would have contained fuels and lubricating materials, even vehicles … that were just thrown over the bank,” Whalen said.

The Goose Bay Remediation Program has a $13.5-million cost and is part of a larger federal government program to clean up contaminated sites around Canada.

A majority of the work will be done this summer, National Defence said, and while it continues, people are being asked to steer clear of the site.

Whalen said this project should help ease concerns in the community over the years that pollution from the base could be affecting the water.

“The extensive sampling programs that we’ve done over the past 20 years points out that drinking water is safe for consumption,” Whalen said.

“The surface water that’s flowing through the culverts off site is below the appropriate criteria and we haven’t seen any issues in the ground water as well.”

Aerial view of the Goose Bay remediation project

Meanwhile, people in the community like John Hickey, who has been pushing for the base’s cleanup since he was mayor in the early 2000s, said there’s plenty more to be done.

“When it comes to the environment, we’ll never be satisfied,” said Hickey, who was also an MHA for the area.

“We have to ensure now that, while this work is being done, other work that needs to be done is identified and is cleaned up.”

But Hickey said he is happy to see this site getting the attention it deserves.

“This is going to be, I think, a very nice place when it’s finished and completed,” Hickey said.

“I think you’ll see a lot of waterfowl and things moving in to the area, which is all good for our community.”