New U.S. EPA e-Manifesting System Took Effect June 30th

By Laura Ragozzino, Cohen & Grigsby P.C.

The U.S. Environmental Protection Agency (the “EPA”) launched its new Hazardous Waste Electronic Manifest (“e-Manifest”) System on June 30, 2018. The new requirements impact all U.S. companies that handle waste requiring a Resource Conservation and Recovery Act (“RCRA”) manifest, a regulated universe that includes approximately 150,000 entities across at least 45 industry segments. Under the new rules, regulated waste handlers will need to use the new paper or electronic EPA manifest form and waste receiving facilities will have to submit the new manifests to the e-Manifesting system, incurring a processing fee.

The goal of the new e-Manifesting system is to reduce costs and improve regulatory oversight and data quality. The EPA estimates that the manual processing and documentation of paper manifests costs regulators and companies $193 million to $400 million annually.

RCRA is the federal law that creates the framework for managing hazardous and non-hazardous solid waste. Since 1980, the EPA has required a RCRA manifest, a multi-copy paper form, to track hazardous waste from the time it leaves the generating facility until it reaches the off-site waste management facility that will store, treat, or dispose of it. The manifest helps the EPA verify proper waste handling.

E-Manifest requirements are effective in all states on June 30, 2018. These requirements apply to domestic hazardous waste (as defined at the federal and state level) and state-only regulated waste subject under state law to RCRA hazardous waste manifesting. The e-Manifesting system is a product of the 2012 Hazardous Waste Electronic Manifest Establishment Act and subsequent February 2014 and January 2018 final rulemakings. Starting June 30, receiving facilities are required to submit copies, whether electronic or paper, of RCRA waste manifests to the EPA within 30 days of receipt. Receiving facilities will also incur a processing fee for manifest submittal. In three years, paper manifests will be phased out of use.

The new requirements fall under RCRA enforcement policy. Noncompliance with RCRA, including improper manifesting, exposes waste handers to substantial civil penalties.

Before this e-Manifesting system’s implementation, shipments of waste across state borders could create jurisdictional issues for states with enhanced regulatory requirements. Some states impose manifesting requirements that are more stringent than RCRA’s rules, or define hazardous waste more broadly than under RCRA. When waste generated in these more stringent states was disposed of in less stringent states, the generating state lacked the ability to enforce the receipt of manifest copies from out-of-state receiving facilities. For example, if a disposal site in Ohio received waste oil from Connecticut that was classified as hazardous under Connecticut law but not classified as hazardous under Ohio law, then the Ohio disposal facility may or may not have submitted the manifest to Connecticut, and Connecticut did not have the ability to enforce its collection.

Now, under the 2012 Hazardous Waste Electronic Manifest Establishment Act, federal and state regulators can access complete cradle-to-grave waste manifesting records from the e-Manifest system because submitting manifests is compulsory. For example, as of June 30, 2018, if a disposal site in Ohio receives waste oil from Connecticut that is classified as hazardous under Connecticut law but not classified as hazardous under Ohio law, then the Ohio disposal facility must submit the manifest to the e-Manifest system, even if Ohio law does not require such submittal.

On or after June 30, waste generators, transporters, receivers, and disposers of waste regulated by the new regulations must track the waste on the new paper or electronic manifest, U.S. EPA Form 8700-22, and submit the manifest to the e-Manifest system. The EPA granted an initial extension of the 30-day manifest-receipt deadline for paper manifests received from June 30, 2018 through September 1, 2018. With this extension, receiving facilities may submit those manifests on or before September 30, 2018.

What Generators and Transporters Need to Know

Waste handling facilities should review the waste and manifest requirements that pertain to their business. It is important to understand the laws and regulations of the generating and receiving state. Any waste defined as hazardous by the generating or receiving state, or any waste requiring tracking on a RCRA manifest (i.e., a hazardous waste manifest), is subject to the e-Manifesting requirements.

Generators have the option to create and submit manifests electronically or to submit paper manifests to the e-Manifest system. The existing 6-copy manifest is being replaced with a new 5-copy form that must be ordered from a registered printer.

What Receiving and Disposal Facilities Need to Know

The new manifesting requirements will impact both RCRA-permitted disposal facilities (i.e., Treatment, Storage, and Disposal Facilities (“TSDFs”)) and non-TSDFs when such facilities receive waste that is either (1) non-hazardous but requires a RCRA manifest, or (2) is hazardous under the generating state’s laws and regulations. Therefore, the new e-Manifesting system extends the scope of regulatory obligations under federal law even if the law of the receiving state does not require a RCRA manifest for the waste at issue.

Receiving and disposal facilities must submit all RCRA manifests, paper or electronic, to the EPA. Receiving facilities need to obtain an EPA Identification number to use the e-Manifest system. To obtain an EPA ID number, facilities must submit EPA’s Site Identification form (U.S. EPA form 8700-12). EPA will charge receiving facilities a fee for each manifest submitted. Fees, which are differentiated based on how the manifest is submitted, are projected to range from $4 to $20. Late payments are subject to interest penalties.

EPA Resources:

This article was first published at the Cohen & Grigsby website.  To help its clients better understand the most efficient and cost-effective means of compliance, Cohen & Grigsby will continue to monitor this issue. If you have any questions, please contact Laura Ragozzino at (412) 297-4713 or lragozzino@cohenlaw.com.

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About the Author

Laura Ragozzino is regulatory compliance and environmental attorney for Cohen & Grigsby P.C.  She practices out of the firm’s Pittsburgh offices.

Ms. Ragozzino is an energetic counselor with proven success mitigating compliance risk. She practices in the areas of administrative law, energy law, EHS law, and government and regulatory affairs. She is passionate about building a compliance culture based on mutual respect for engineering, operations, and the regulations that govern their activities.

Ms. Ragozzino manages complex issues with federal, state, and local agencies to achieve results exceeding her business clients’ expectations. She brings creative, detail-oriented, and tactical thinking to the table to find effective and appropriate compliance solutions across industry sectors.

Unsafe Levels of Contamination found in Edmonton Neighbourhood

As reported in the Edmonton Journal, unsafe levels of hazardous chemicals were found in unoccupied land near the property that was previously occupied by a wood treatment plant site.  However, the analytical results from soil samples taken from residential properties in the vicinity of the plant found no hazardous chemicals in the top level of soil.

An Alberta Health official recently stated that soil testing has been completed in the Verte-Homesteader community — located near the former Domtar wood treatment facility.

Workers drill core samples in a contaminated parcel of land at the old wood treatment plant site in Edmonton, June 28, 2018. (Photo Credit: Kaiser/Postmedia)

“The results show no issues in the surface soil of any of the homeowners’ properties, but there were four areas of unoccupied land in the southeast corner of the neighbourhood where chemicals were found above health guidelines and that area is now being fenced off,” spokesman Cam Traynor said in an email.

A map showed two tests in the soon-to-be-fenced area exceeded human health guidelines for dioxins and furans.

In the spring, about 140 homeowners near the site of the former wood treatment plant at 44 Street and Yellowhead Trail were warned soil and groundwater in the area was contaminated with a list of potentially cancer-causing substances.

Officials said no contaminants were known to be in residential areas.

From 1924 to 1987, the land was the site of a plant in which toxic chemicals were used to treat railroad ties, poles, posts and lumber. Parts of the property are now a housing development.

The site’s current owners and developers, 1510837 Alberta Ltd. and Cherokee Canada Inc., were ordered to build a fence around the contaminated land to reduce potential health risks earlier this year.  Cherokee Canada did not immediately respond to a request from the Edmonton Journal.

Alberta Environment and Parks also directed the companies, including former owner Domtar, to take environmental samples and create plans to remove contaminants and conduct human health risk assessments. The orders also affected a greenbelt southeast of the site currently owned by the City of Edmonton.

The recently completed testing covered the top one-third of a metre of soil. Traynor said deeper soil testing in the broader area is ongoing. That work, along with a human health risk assessment, is expected to be completed this fall.

BP Reports Drilling Mud Spill Off Nova Scotia

BP Canada Energy Group recently reported an unauthorized discharge of drilling mud from the one of its drilling operations off the coast of Nova Scotia. The company estimated approximately 136,000 litres of drilling mud were discharged.

Anita Perry, BP Canada’s regional manager for Nova Scotia

Anita Perry, BP Canada’s regional manager for Nova Scotia, said a preliminary look at the spill has led the company to believe the cause is mechanical failure, though the investigation is not complete.
Perry said this is not a common occurrence, but the organization has response plans in place to manage spills. She said that before drilling was done in the area, a survey was conducted to assess environmental risks.
“Prior to drilling we did not identify any corals or any species there that could be damaged. So we do not believe there will be any damage,” said Perry.
The company suspended drilling during the investigation of the cause of the spill.

Risks to the Environment

Stacy O’Rourke, the director of communications at the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) said the synthetic-based mud is dense and sinks rapidly to the sea floor and the synthetic-based oil in the mud has low toxicity.

Ms. O’Rourke added that the effects of these types of spills are usually limited to the area immediately surrounding the well and are associated with the physical smothering of the seabed due to coverage by the mud.

She said the spill happened earlier in the day on Friday, and both the board and coast guard were notified. As of Friday evening, O’Rourke said no one on the board was at the spill.

The incident occurred approximately 330 kilometres from Halifax on a drill rig called the West Aquarius.

West Aquarius drill rig off the coast of Nova Scotia

CBC interviewed Tony Walker, a professor from the Dalhousie University School for Resource and Environmental Studies, about the potential impacts of the release of drilling mud on the environment. The Professor said that in looking at the project’s environmental assessment report, carried out by the Canadian Environmental Assessment Agency (CEAA), the drilling mud spill may still be cause for concern.

Professor Walker said while a water-based mud is available for use in this type of drilling, the assessment outlines BP’s decision to use the synthetic, because it can better handle potential gas buildup and temperature regulation.

“Certainly, a synthetic-based mud does contain chemicals and potentially oils and diesel and that sort of thing,” he told the CBC. Walker said he reviewed data from the report based on a 3D modelled test and scaled down the impacts based on the June 22 incident.

“It could [result in] impacts of a kilometre or more from the drilling site. It could actually cover and smother [ocean floor dwelling] organisms; it could impact fish species which have larvae and eggs on the seabed.”

Professor Walker told the CBC that the CEAA report also references data from past drill sites, where little to no spilling was reported, in which surrounding marine habitats took up to five years to recover from drilling.

“The kind of consistent thread or theme I get from the report … is that if there are releases, it’ll be localized and it’ll have short term impacts,” Walker told the CBC.

“A kilometre is quite a big area, and [the report] talks about a recovery period of about five years for recolonization. I wouldn’t call five years entirely short-term.”

Nova Scotia’s energy minister says he’s concerned about spill of the drilling fluids off the province’s coast. However, he also added that he remains committed to growing the oil and gas industry.

Geoff MacLellan said he has “complete confidence” in the Canada-Nova Scotia Offshore Petroleum Board’s investigation into BP Canada’s leak of 136 cubic metres of synthetic drilling mud on Friday.

Approval to drill was granted in the Spring

BP Canada Energy Group was given approval in the spring of 2018 to drill of the coast of Nova Scotia. At the time, the Aspy D-11 exploration well was the first in BP Canada’s Scotian Basin Exploration Project. It was estimated that up to seven exploration wells could be drilled off the southeast coast of Nova Scotia over a three-year period.

At the time of the issuance of the approval, Anita Perry of BP Canada Energy stated in a phone interview with Canada’s National Observer, “We’re confident we addressed all issues and risks for a safe drilling program.”

Global Emergency Spill Response Market – Trends and Forecast

Analytical Research Cognizance recently issued a report on the Global Emergency Spill Response Market.  The report focuses on detailed segmentations of the market, combined with the qualitative and quantitative analysis of each and every aspect of the classification based on type, spill material, spill environment, vertical, and geography.

The report provides a very detailed analysis of the market based on type, the emergency spill response market has been classified into products and services.  The products include booms, skimmers, dispersants and dispersant products, in-situ burning products, sorbents, transfer products, radio communication products, and vacuum products.

The report has a services section that provides a forecast on the future growth of the services sector.  The services segment has been classified into product rental services, waste management services, manpower training services, transportation and disposal services, spill response drill and exercise services, tracking and surveillance services, risk assessments and analysis services, and other services.

Scope of the Report:

This report studies the Emergency Spill Response market status and outlook of global and major regions, from angles of players, countries, product types and end industries; this report analyzes the top players in global market, and splits the Emergency Spill Response market by product type and applications/end industries.

The market is expected to have significant growth in the coming years owing to stringent environmental regulations across the world to reduce the environmental pollution from spills.

Skimmers held the largest market size, in terms of product, primarily due to the increased demand for mechanical recovery methods for spill recovery.  Unlike other methods, the mechanical recovery methods remove the spill material from the spill environment.  Thus, skimmers are more effective in mitigating the environmental impact of the spills.

The global Emergency Spill Response market is valued at 2,530 million USD in 2017 and is expected to reach 3,410 million USD by the end of 2023, growing at a CAGR of 5.1% between 2017 and 2023.

The Asia-Pacific will occupy for more market share in following years, especially in China, fast growing India, and Southeast Asia regions.

North America, especially The United States, will still play an important role which cannot be ignored. Any changes from the United States might affect the development trend of Emergency Spill Response.

 

Innovation in Detecting Oil Spills at Sea

The company ISPAS AS, headquartered in Norway, recently announced that it has developed a Ku-band polarimetric Oil Spill Detection (OSD) radar that can detect oil spills at sea and the open water under most conditions including dead calm.

The radar is specifically developed for this purpose and uses a higher frequency than typical navigational X-band radars.  The radar has electrically steered antennas with both electromagnetic polarizations and can map an oil spill continuously using the steerable antenna.

Radar image (left) of the oil spill (seen on right).

ISPAS has completed the installation of 4 new OSD radars.  The radars small size and weight makes it easy to integrate without large structural foundations.

ISPAS participated in the 2018 “Oil on water” exercise offshore of Norway recently with a small version of the polarimetric Ku-band OSD radar. The small radar performed exceptionally well. An example showing the real time display of radar measurements of oil on seawater onboard a vessel is presented in this picture. The picture to the right presents the actual view of the sea.

The OSD radar

New Technology on Track to Vitalize Confined Space HazMat Training

by Steven Pike , Argon Electronics

Teams operating in confined spaces within hazardous industrial buildings or process facilities understand all too well the importance of adhering to strict health and safety regulations.

The hazards that confined spaces present can be physical or atmospheric in nature – from the risks of asphyxiation or entrapment to exposure to extremes of temperature or the release of toxic chemicals.

Confined Space Entry

According to the Census of Fatal Occupational Injuries, on average two people die in the US every day as the result of incidents that take place within confined spaces.

In many cases too, it is not just the victim who is at risk, but the rescuer or first responder who may be unaware of the hazard they are about to encounter.

Directives such as the Occupational Safety and Health Administration (OSHA), the Control of Major Accident Hazards Regulations (COMAH), the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR), Atex and many others all have a pivotal role to play in ensuring safety.

But despite the emphasis on prevention, any potentially harmful chemical release, and specifically one that occurs within the context of a confined space, will require personnel who are skilled and confident to handle a variety of complex challenges.

With these challenges in mind, a new app-based multigas simulator technology, specifically designed for use in confined space settings, is scheduled for release in late summer 2018.

And the new system looks set to deliver an enhanced level of realism for industrial HazMat training scenarios.

Applying CWA Technology to Industrial HazMat Training

The use of simulation technology for chemical warfare agent (CWA) training is already well established, with intelligent, computer-based training aids such as Argon Electronics’ PlumeSIM and PlumeSIM-SMART systems currently in use by military forces around the world.

The launch of PlumeSIM in 2008 provided CWA and CBRN instructors with a simulation package that enabled them to use their laptops, in conjunction with a map or images, to plan a diverse range of field and table-top exercises.

The type of substance, whether a single or multiple source and an array of environmental conditions (such as wind direction and speed) could all be easily configured. And the innovative technology enabled whole exercises to be recorded for after action review (AAR) and future contingency planning.

In 2016 came the introduction of PlumeSIM-SMART – which offered similar capabilities to PlumeSIM but replaced the use of simulator devices in the field with the simplicity of a mobile phone.

The ability to transform a mobile phone into a look-alike gas detector was to prove especially practical (and budget-friendly) for high-hazard industrial organizations and municipal responders.

And using mobiles offered some additional and unexpected benefits in that it enabled field exercises to take place in any location.

Realistic Multigas Training

The newest addition to Argon’s simulation technology portfolio has been devised for specific use within the training environs of confined spaces and multi-level buildings.

The device will offer HazMat instructors the flexibility to simulate specific levels and concentrations of gases, whether these be in the form of a gas escape or a dangerous device (or devices) concealed within a building.

It will also be highly configurable to enable instructors to select the use of either single or multigas sensors within their training scenarios.

The hardware will be identical to that currently available for CWA training and toxic industrial response training. It has also been configured to interact with existing hand-held gas detection simulators, such as PlumeSIM-SMART, to provide an enhanced level of realism and a more focused training experience.

Simulation sources will be able to be set to emit a signal that replicates the conditions of a particular substance, a low level or oxygen or an explosive atmosphere.

And as students move around the training environment, their display readings will adjust accordingly to simulate an event such as a breached alarm.

The latest detector also promises to overcome the issues posed by communications interference within buildings where GPS technology can often be limited.

Working in confined spaces within industrial complexes can present a daunting array of hazards, both for the staff operating within the facilities and for the emergency teams charged with first response.

The continued development of simulator technology can help to address these challenges by providing realistic, hands-on training opportunities that replicate real-life conditions.

This article was originally published in the Argon Electronics website.

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About the Author

Steven Pike is the Founder and Managing Director of Argon Electronics, a world leader in the development and manufacture of Chemical, Biological, Radiological and Nuclear (CBRN) and hazardous material (HazMat) detector simulators.

In use worldwide, Argon simulators have applications for training and preparedness within civil response, the military, EoD, unconventional terrorism / accidental release, and international treaty verification, with a growing presence in the nuclear energy generation and education markets. We have been granted a number of international patents in this field.

Are there Greenhouse Gas Emission Savings in Hazmat or Remediation Projects?

Up to $575,000 in support available for winners of contest held on Massachusetts Institute of Technology’s Climate CoLab platform

The Centre of Social Innovation in Toronto recently launched a contest to solicit a broad range of possible solutions to help small to medium enterprises (SMEs) in Ontario reduce their direct and indirect greenhouse gas (GHG) emissions.  The winning proposals will be eligible to receive funding and support to pilot their solutions in Ontario over eight months.

In-situ remedation may generated GHG credits vs. dig-and-dump

The contest, now sourcing proposals on the Massachusetts Institute of Technology’s (MIT’s) Climate CoLab platform, allows members of the public to provide feedback to proposal authors, and to cast votes for the People’s Choice Winner.  A panel of judges will select 3-5 winning proposals based on their desirability, feasibility, scalability and impact to potentially be piloted in Ontario.

SMEs make up 98.2% of businesses in Canada, and emit as much climate change-causing greenhouse gas (GHG) emissions per year as Canada’s combined transportation sector, including every car, truck, train, plane, and ship. Reducing their emissions can benefit SMEs by helping them grow while also building healthier communities.

“Recent research from the University of Waterloo shows us that the vast majority of SMEs believe that sustainability is important,” said Barnabe Geis, Director of Programs at the Centre for Social Innovation. “We want to support the implementation of solutions – whether technologies, programs or services – that help SMEs meet their sustainability goals as a powerful way to both strengthen our economy and improve the health and well-being of our communities.”

Barnabe Geis,
Director of Programs, Centre for Social Innovations – Toronto

Many SMEs face barriers to lowering their emissions, from lacking the technical expertise to assess options for reducing emissions to not being able to afford the upfront costs of a low-carbon technology. However, once the right technologies or practices are implemented, the savings and other benefits to SMEs can be substantial. This contest will offer support to demonstrate the value and scalability of solutions in order to make the path towards sustainability more accessible to SMEs across the province.

There may be opportunities in the hazmat and remediation sectors to reduce the generation of GHGs from SMEs.  If so, the contest offers a great chance to secure third-party funding to pursue the opportunities.

The contest is open to proposal submissions until August 3, 2018. Proposals submitted prior to July 11th, will be reviewed by the Judges and given feedback before the contest deadline.

For further information on the contest, contact Barnabe Geis, Director of Programs at the Centre of Social Innovation at barnabe@socialinnovation.ca.

Canadian Government Announces Action on Pollution Prevention and Toxic Chemicals

The Canadian government recently issued a press release which states that it is undertaking actions to strengthen Canada’s approach to managing harmful substances and is committing to reform the Canadian Environmental Protection Act, 1999. The announcement is in response to a 2017 report issued by the House of Commons’ Standing Committee on Environment and Sustainable Development (“Standing Committee”) that entitled “Healthy Environment, Healthy Canadians, Healthy Economy: Strengthening the Canadian Environmental Protection Act, 1999”.

The 2017 report issued by the Standing Committee made 87 recommendations to the federal government, including prohibiting substances of very high concern unless industry can prove the substances can be used or emitted safely and there are no feasible substitutes; ensuring that vulnerable people are taken into consideration when the government assesses and manages new substances; implementing timelines throughout the Act to oblige action on toxic substances; and facilitating public participation in environmental decision-making and in enforcement of the Act.

At the time of the release of the 2017 report, the Committee Chair Deb Schulte stated, “The Act has now been in place for almost three decades. It is time to bring it into the 21st century by taking into account new scientific knowledge and evolving concepts in environmental law.”

Photography of Factory https://www.pexels.com/photo/photography-of-factory-929385/The Government of Canada is taking action to implement many of the Committee’s recommendations including:
• The development of a policy framework for considering vulnerable populations—such as children, pregnant women, and the elderly—in the assessment and management of chemicals;
• Action to protect Canadians from chemicals of high concern, such as endocrine disruptors, which can affect how hormones work and lead to long-term health issues; and
• Updating standards and developing new instruments to improve air quality and reduce air pollution from industrial sources, including oil refineries.

As a first step in the legislative reform of the Canadian Environmental Protection Act, 1999 and updating of Canada’s Chemicals Management Plan, the Canadian government will conduct a thorough review and consult with various groups

Canadian DND searching possible contaminated sites for buried Agent Orange stocks

As reported by the CBC, the Canadian Department of National Defence (DND) has identified up to six known contamination sites at a New Brunswick military base as it works to determine whether the cancer-causing defoliant Agent Orange was buried surreptitiously there decades ago.

Agent Orange is an herbicide and defoliant chemical. It is widely known for its use by the U.S. military as part of its herbicidal warfare program during the Vietnam War from 1961 to 1971. It is a mixture of equal parts of two herbicides, 2,4,5-T and 2,4-D. In addition to its damaging environmental effects, the chemical has caused major health problems for many individuals who were exposed.

Officials at the department’s Directorate of Contaminated Sites presented a map showing the various locations to a former military police officer and a retired civilian employee of Canadian Forces Base Gagetown, N.B. — both of whom say they witnessed chemical drums being buried on the base in separate incidents over 30 years ago.

Past Use of Agent Orange at CFB Gagetown

Agent Orange had been used on the base in the past.  In 2010, Jean-Pierre Blackburn, the Canadian Minister of Veterans Affairs and Minister of State (Agriculture) at the time, announced that the Government of Canada was extending the one-time, tax-free ex gratia payment of $20,000 related to the testing of unregistered U.S. military herbicides, including Agent Orange, at Canadian Forces Base (CFB) Gagetown in 1966 and 1967.

For three days in June 1966 and four days in June 1967, Agent Orange, Agent Purple and other unregistered herbicides were tested at Canadian Forces Base (CFB) Gagetown in cooperation with the U.S. military to evaluate their effectiveness. These are the only known instances that these military test chemicals were used at CFB Gagetown. Agent Orange, Agent Purple and other unregistered herbicides are not used at the base today. The base uses only federally regulated herbicides for brush control during its annual vegetation management program.

Claims 

The claims by retired sergeant Al White and Robert Wilcox, who worked at the training base in the 1970s and 1980s, were first reported by CBC News last month.

Defence Minister Harjit Sajjan promised an investigation and officials are now trying to cross-reference the eyewitness accounts with existing records. The maps are meant to jog the memories of the two men, and to find out whether their claims involve existing dumps or unreported ones.

A massive asbestos dump

The list of contaminated sites is extraordinary. It shows, among other things, more than 3,900 barrels of asbestos waste buried in the same area as the suspected chemical dump.

Officials have offered to escort White onto the base so he can point out the area where he believes Agent Orange was buried. They and White have yet to agree on a date for the visit.

“Pointing on a map isn’t going to work … obviously it has to be a face-to-face opportunity,” White said in an interview.

A spokesman for the defence department confirmed an invitation had been extended but downplayed the significance, saying officials were “simply conducting discussions … in order to gain further insight into their claims.”

The visit would be closed to the media, said department spokesman Dan Lebouthillier in an email.

White said none of the locations pointed out thus far by defence officials match his recollection of the location.

“I say that with clarity,” he said.

The burial, he claimed, involved over 40 barrels stacked on a flatbed truck. It took place early in the morning in the late spring of 1985 and happened in what he described as a disturbing, clandestine manner that has troubled him ever since.

Map showing the Use of Herbicides at CFB Gagetown from 1952 to Present Day

White said he didn’t believe it was his place to come forward until he lost three friends — all former Gagetown soldiers — to cancer.

Wayne Dwernychuk, an expert who spent over 15 years studying Agent Orange contamination and its effects on combatants during the war in Vietnam, said it’s good the federal government is trying to get to the bottom of the mystery.

Once White points out the area, he said, ground scanning technology can quickly and accurately assess what might be underground.

“They should initiate some sort of ground penetrating radar,” he said. “If something turns up, I believe they should follow through with some deep core sampling to determine the extent of the contamination.”

One of the sites listed by National Defence was a chemical dump that has since been excavated — something Wilcox, the second witness, claims to have seen.

Another location is where the military claims to have disposed of rinsed, empty chemical drums.

The main refuse site — known as the Shirley Road dump — “may also [have] accepted drums,” according to a department statement. There was a separate place for dumping ash from burning coal.

During the investigation 14 years ago into the spraying of Agent Orange at the base in the 1960s, officials looked at a fifth location near a tank firing range, but claimed nothing was buried at that spot.

The sixth possible location involves the dumping of asbestos. Federal environment officials have acknowledged in the past that the fire-resistant insulation, ripped out of 15 nearby federal buildings in 1980s, was present at the base, but have never acknowledged the enormous quantity of it.

The waste asbestos was all wrapped and stuffed into metal barrels.

Five years ago, the federal government’s annual report on contaminated sites pointed to the same locations on the base and said assessment on further remediation was under consideration.

The risks of remediation

The same report noted the unique challenges such a clean-up would involve.

“The waste materials might contain ordnance, presenting an unacceptable safety risk to a remediation team,” said the 2013 review.

The report said tests of the wetland adjacent to the contaminated sites did not show chemical concentrations that would be of concern.

Lebouthillier said the locations are “capped” — meaning there’s a barrier between contaminated and uncontaminated soil — managed and monitored “according to federal environmental regulations and guidelines.”

Agent Orange used during the Vietnam war has left that country’s the soil contaminated and compromised.  Many Vietnamese have life-long health problems as a result to exposure to Agent Orange.  The United States has provided almost $42 million since 2007 toward the effort to clean up the effects of Agent Orange in Vietnam.

Past Investigations in Canada

In 2006, Golder Associates Ltd. (Golder) was retained by Public Works and Government Services Canada on a series of contracts on behalf of the Department of National Defence (DND) to research, organise and analyse all available information concerning the herbicides used at each Canadian Forces (CF) site across Canada. An objective of this undertaking was to confirm whether tactical herbicides such as Agent Orange and Agent Purple tested in 1966 and 1967 at CFB Gagetown were ever tested at other current and former CF Bases, Stations or Wings.

Golder’s review of the information has found no evidence of spray applications of the tactical herbicides Agent Orange or Agent Purple at any Bases, Stations or Wings aside from CFB Gagetown. Records do indicate that the non-tactical and commercially available herbicides 2,4,5-T and 2,4-D were potentially concurrently used, stored or disposed at each of Carp (Ontario), CFB Chatham and CFB Gagetown (New Brunswick), CFB Borden (Ontario) and another unidentified site.

As such, evidence to-date is to the effect that Agent Orange and Agent Purple were only applied at CFB Gagetown.

Soldiers detect Unexploded Ordnance (UXO) and defoliant Agent Orange in Vietnam’s central Da Nang City.

Couple admits illegally storing 4,500 tons of hazardous waste in warehouse

As reported in the St. Louis Post-Dispatch, a husband and wife recently plead guilty to a U.S. federal charge and admitted improperly transporting 4,500 tons of hazardous waste and storing it in a warehouse near St. Louis, Missouri.

The couple, both in their 60’s, pleaded guilty in U.S. District Court in St. Louis to a misdemeanor charge of placing someone in danger of death or serious bodily injury from a hazardous waste.

Green Materials LLC facility in Missouri (Photo Credit: Robert Patrick, Post Dispatch)

Their company, Missouri Green Materials LLC, Missouri Green Materials LLC stored a large quantity of spent sandblasting materials inside a warehouse located in the town of Berger, approximately 70 miles west of St. Louis.  They couple admitted that they arranged for the transport and storage of the hazardous waste from Mississippi, and failed to tell both the trucking companies that hauled the waste and the personnel that unloaded it of the danger.  Their storage facility was not properly permitted was not registered as a permitted hazardous waste storage or recycling facility.

The sandblasting waste materials are considered to be hazardous because they contain amounts of certain metals, including cadmium, that exceed regulatory limits established by the Missouri Department of Natural Resources and the U.S. Environmental Protection Agency (U.S. EPA).

The materials were stored in a warehouse in a flood plain for more than four years.  There are no indications of any release of the materials from the warehouse.

The couple have agreed to pay $1.5 million to the U.S. EPA for the costs of dealing with the waste. They could face probation or a sentence of six months behind bars for the crime under federal sentencing guidelines.

The source of the sandblasting waste was for a site in Mississippi.  An Ohio company, U.S. Technology Corp had been buried the waste.  The company was repeatedly ordered by regulators to remove it.

In 2016, the U.S. EPA and U.S. Technology signed a consent agreement whereby the company agreed to remove the waste from Green Material’s facility in Missouri and test the site for soil contamination.  According to prosecutors, this work was never performed.

U.S. Technology and president Raymond Williams, 71, both pleaded not guilty in the case. A hearing has been scheduled to change both pleas later in June.

Some sandblasting waste is classified as hazardous