Ontario Transitioning Municipal Hazardous Waste Program

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

The Minister’s letters can be found at:

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

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

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

 

New ASTM International standard supports hazardous materials packaging

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

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

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

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

 

How to Document Weights on Dangerous Goods/HazMat Transport Paperwork

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

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

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

Definitions:

Package

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

Packaging

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

Means of containment

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

Net quantity (or weight)

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

Gross weight (or gross mass)

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

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

IATA – Section 8 Documentation:

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

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

IMDG – Chapter 5.4

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

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

49 CFR – §172.200 Subpart C for Shipping Papers:

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

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

TDG – Part 3 Documentation:

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

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

 

The article was first published on the Compliance Center website.

About the Author

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

U.S. EPA’s Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule

By Dianne R Phillips, Holland & Knight

On March 28, 2018, the Office of the Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) issued a Project Notification indicating its plans to begin preliminary research to evaluate the EPA’s implementation and enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule (RRP Rule). The RRP Rule, which is part of the federal Toxic Substances Control Act, is intended to ensure that owners and occupants of pre-1978 “target housing” and “child-occupied facilities” receive information on lead-based paint hazards before renovations begin, that individuals performing such renovations are properly trained and certified, and that renovators and workers follow specific lead-safe work practices during renovations to reduce the potential for exposure to lead. Although use of lead-based paint in dwellings was prohibited after 1978, EPA estimates it is still present in approximately 30 million homes across the United States. The RRP Rule is intended to protect children and others vulnerable to lead exposure due to the health effects associated with lead poisoning.

Enforcement of the RRP Rule, along with the other lead-based paint rules, has been a priority of EPA. For fiscal year ending 2017, according to EPA’s Oct. 27, 2017 press release from October 2016 through September 2017, EPA finalized 121 civil settlements for alleged violations of one or more of the three lead-based paint rules–the RRP Rule; the Lead Disclosure Rule; and the Lead-based Paint Activities Rule for abatements–and filed three complaints for ongoing actions. EPA and the U.S. Department of Justice also prosecuted one criminal case involving violations of lead paint laws and finalized two Clean Air Act settlements that included lead paint abatement projects in local communities. The OIG Project Notification indicates that the “objective for this project is to determine whether EPA has an effective strategy to implement and enforce the lead-based paint RRP.” Only time will tell what is meant by that.

____________________________

About the Author

Dianne R. Phillips is an attorney in Holland & Knight’s Boston office who concentrates her practice in litigation, regulatory, energy and environmental law. As former assistant general counsel for Suez LNG North America LLC (now known as Engie North America) and its wholly owned subsidiary, Distrigas of Massachusetts LLC, Ms. Phillips was involved in all aspects of regulatory compliance for the nation’s oldest, continuously operating liquefied natural gas (LNG) import terminal located in Everett, Mass., including safety and security. Her LNG experience includes advising clients with respect to specialized regulatory compliance under 49 C.F.R. Part 193 and NFPA 59A.

Job Opportunity: Coordinator of Emergency Planning, Toronto

Coordinator, Emergency Planning
Job Classification Title COORDINATOR EMERGENCY PLANNING PH
Job ID # 2300867 X
Division Public Health
Section Performance & Standards
Work Location 277 VICTORIA ST.
Job Stream Health
Job Type Permanent, Full-Time
Salary/Rate $94,421.60 – $110,929.00 / Year
Hours of Work (bi-weekly) 70.00
Shift Information Monday to Friday – 35 Hours
Affiliation Non-Union
Number of Positions Open 1
Posting Date 16-Apr-2018
Closing Date 30-Apr-2018
Job Description
 Major Responsibilities:

  • Develops and maintains components of the Toronto Public Health Emergency Plan and assigned emergency support functions, risk specific plans and other supporting documents, taking into consideration current developments within the programs, corporate policies and practices, legislation and initiatives by other levels of government.
  • Facilitates the promotion and implementation of a formalized risk management system and the setting of risk control measures and practices by operational areas through consistency in philosophical, policy and practical approaches across all risk frameworks.
  • Develops an annual risk management work plan, responds strategically to emerging business specific legislative, regulatory and policy changes by assessing the risk impacts on TPH processes and/or practices.
  • Ensures proper and consistent internal risk controls, system standards and policies and practices are maintained and that requirements are met.
  • Plans and delivers risk management training to Toronto Public Health staff.
  • Coordinates assigned projects, ensuring effective teamwork, communication practices and quality of work.
  • Participates on local, provincial and federal emergency planning committees/workgroups and maintains links with other key stakeholders in emergency planning, response and recovery activities.
  • Plan and delivers training to Toronto Public Health staff to ensure that they are prepared to respond to emergencies. Maintains a current database of training sessions attended by Toronto Public Health staff.
  • Participates with Toronto’s Office of Emergency Management to both develop and facilitate training for emergency responders, managers, supervisors and staff who may be called upon to assist and support the City in its response to an emergency, including city-wide emergency exercises.
  • Delivers presentations to internal and external audiences on emergency preparedness, response and recovery elements.
  • Develops materials and content for the Emergency Planning and Preparedness internet and intranet sites as communication vehicles to educate staff on emergency preparedness measures.
  • Identifies and develops business cases on logistical elements that are necessary for effective emergency response.
  • Prepares reports for Toronto Public Health and the Board of Health.
  • Conducts debriefings on major health events, drills and exercises and evaluates the response against the emergency plan.
  • Ensures work is undertaken in a manner that complies with and supports City compliance with the Ontario Occupational Health and Safety Act (OHSA), other relevant codes and regulations and City policies. The above reflects the general details considered necessary to perform the principle functions and shall not be construed as a detailed description of all the work requirements inherent in the job.

Key Qualifications:

  1. Recognized university degree preferably in Emergency Management, Environmental Health, or Nursing.
  2. Post-secondary education or the appropriate combination of skills and relevant experience in the field of risk management.
  3. Extensive experience in the development, implementation and evaluation of risk management methodologies and strategies.
  4. Experience in emergency planning; developing, implementing and evaluating emergency planning and preparedness programs.
  5. Experience in the development, implementation and evaluation of risk management methodologies and strategies.
  6. Experience leading and implementing change, including action planning to support the development and implementation of risk mitigation plans.
  7. Extensive experience in developing and delivering staff training.
  8. Familiar with all relevant legislation (Municipal/Provincial/Federal) relating to emergency management.
  9. Ability to establish, coordinate and maintain effective working relationships with internal and external partners including other levels of government, public and community agencies.
  10. Excellent analytical and organizational skills with the ability to work individually or in a multidisciplinary environment and meet deadlines.
  11. Effective written and oral communication skills, presentation and facilitation skills including clear language writing.
  12. Experience using a variety of computer applications including MSOffice, including Word, Excel and PowerPoint.
  13. Effective problem-solving and conflict management skills.
  14. Possession of a valid Class “G” Ontario Driver’s License and access to a vehicle.

Accommodation:  The City of Toronto is committed to fostering a positive and progressive workforce reflecting the citizens we serve. We provide equitable treatment and accommodation to ensure barrier-free employment in accordance with the Ontario Human Rights Code, Accessibility for Ontarians with Disabilities Act and the City of Toronto’s Accommodation Policy. You can request for accommodation related to the protected grounds at any stage of the City’s hiring process, i.e., application, assessment and placement.

If you are an individual with a disability and you need accommodation in applying for this position, please email us at application.accommodation1@toronto.ca, quoting the job ID #2300867 and the job classification title.

If you are invited to participate in the assessment process, we ask that you provide your accommodation needs in advance at that time. Please be advised that you may be requested to provide medical/other documentation to Human Resources to ensure that appropriate accommodation is provided to you throughout the hiring process.

To apply online, visit the Toronto website.

U.S. DOD Rapid Innovation Fund for Innovative Technology in Emergency Response Tools

The United States Department of Defence (U.S. DoD) Rapid Innovation Fund facilitates the rapid insertion of innovative technologies into military systems or programs that meet critical national security needs. DoD seeks mature prototypes for final development, testing, evaluation, and integration. These opportunities are advertised under NAICS codes 541714 and 541715. Awardees may receive up to $3 million in funding and will have up to two years to perform the work. The two phases of source selection are (1) white paper submission and (2) invited proposal submission. The window of opportunity for submitting white papers expires on April 12, 2018 (due by 3:00 PM ET).
Among the numerous R&D opportunities described in the BAA are topics relevant to the development of environmental monitoring and emergency response tools:

  • Handheld automated post-blast explosive analysis device (USDR&E-18-BAA-RIF-RRTO-0001). Handheld automated detection and characterization of explosive residue collected on-scene after an explosion.
  • Handheld networked radiation detection, indication and computation (RADIAC) (DTRA-17-BAA-RIF-0004). A lighter, more compact system for integration into CBBNE situational awareness software architecture of Mobile Field Kit and Tactical Assault Kit.
  • 3-D scene data fusion for rapid radiation mapping/characterization (DTRA-17-BAA-RIF-0005).
  • Immediate decontamination (CBD-18-BAA-RIF-0001). A spray-on decontaminant that can be applied in a single step in ~15 minutes on hardened military equipment.
  • Hyperspectral aerial cueing for chemical, biological, radiological, nuclear and explosive (CBRNE) mobile operations (PACOM-18-BAA-RIF-0001). Real-time detection via drone.
  • Mobile automated object identification and text translation for lab equipment (DTRA-17-BAA-RIF-0003). A tool to help users recognize equipment, chemicals, and potentially hazardous material in real time.

https://www.fbo.gov/spg/ODA/WHS/REF/HQ0034-18-BAA-RIF-0001A/listing.html
[NOTE: This BAA was also issued as HQ0034-18-BAA-RIF-0001B.]

U.S. System Assessment and Validation for Emergency Responders Program

The U.S. Department of Homeland Security (DHS) established the System Assessment and Validation for Emergency Responders (SAVER) Program to assist emergency responders making procurement decisions. Located within the DHS Science and Technology Directorate (S&T), the SAVER Program conducts objective assessments and validations on commercial equipment and systems, and provides those results along with other relevant equipment information to the emergency responder community. For more information, read the SAVER Program Fact Sheet.

The SAVER Program mission includes:

  • Conducting impartial, practitioner‑relevant, operationally oriented assessments and validations of emergency response equipment; and,
  • Providing information, in the form of knowledge products, that enables decision‑makers and responders to better select, procure, use, and maintain emergency response equipment.

Addressing Technologies

SAVER contains more than 1,000 assessments of equipment that falls within 21 different categories on the DHS Authorized Equipment List (AEL). Categories include:

  • Search and Rescue
  • Information Technology
  • CBRNE Detection
  • Personal Protective Equipment
  • Decontamination
  • Surveillance
  • Explosive Countermeasures

This information is shared nationally with the responder community, providing a cost-saving resource to DHS and other federal, state, and local agencies. Additionally, more than 20 different programs offer grants to purchase equipment on the AEL List.

Objective Assessments and Validations

SAVER is supported by a network of qualified technical agents who play a critical role in providing impartial evaluations and by helping to ensure these evaluations address real-world operational requirements. Participating organizations include the Space and Naval Warfare Systems Center Atlantic, DHS S&T’s National Urban Security Technology Laboratory, as well as emergency response practitioners, law enforcement officers, firefighters, paramedics, and emergency managers, all of whom help to ensure these activities address real-world operational requirements.

Based on their assessments, technical agents produce documents, including product lists, reports, plans, rating charts, handbooks, and guides that describe the equipment, their capabilities, features, and potential applications. This provides first responders with a well-rounded picture to help inform procurement decisions.

SAVER Documents and Outreach

Partnerships

Biodetection Resources for First Responders

National Institute of Standards and Technology

Lesson Learned Information Sharing – Knowledge Base

Inter Agency Board – Standardized Equipment List

JUSTNet: The Website of the National Law Enforcement and Corrections Technology Center

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@ https://www.futuremarketinsights.com/reports/sample/rep-gb-6312

Five New U.S. Hazmat Rules to Look for in 2018

By Roger Marks, Lion Technology Inc.

Ask a U.S. dangerous goods (DG) professional to name the most challenging part of his or her job, and you’re likely to hear about dense regulatory standards that overlap and seem to change on a near daily basis.

As dangerous goods shippers, freight forwarders, and carriers roll into 2018, new rules for hazmat air and vessel shipments are already in effect.  In addition, U.S. DOT’s Pipeline and the U.S. Hazardous Materials Safety Administration (PHMSA) plans to start finalizing new hazmat rules as soon as February 2018.

Here, we’ll review the new U.S. DG air and vessel requirements that are mandatory now and review five new or changing U.S. DOT hazmat rules most likely to hit the books as Final Rules this year.

New IATA DGR Rules for Air Shippers

For hazmat air shippers, the 59th Edition of the International Air Transport Association’s Dangerous Goods Regulations, or IATA DGR, is in effect as of January 1, 2018.  The 59th Edition of the IATA DGR includes stricter requirements for lithium batteries shipped by air, a re-ordered list of Class 9 materials in Subsection 3.9.1, and a new Appendix I that details changes planned for air shippers in 2019.

Just before January 1st, IATA published the first Addendum to the 2018 DGR, which includes additional updates for air shippers and airline passengers.  IATA uses these addendums to make ongoing revisions to the current DGR before the publication of the next edition.

2016 IMDG Code Mandatory as of January 1st

Compliance with the latest International Maritime Dangerous Goods Code, or IMDG Code, is also mandatory as of January 1.  Updates made in the 2016 edition, compliance with which was voluntary throughout last year, are now officially in force.  These include new dangerous goods marking and labeling criteria; new packing instructions for certain shipments of engines, lithium batteries, and aerosols; and adjustments to the IMDG Code Dangerous Goods List.

The U.S. DOT, along with other federal agencies, recently released a semiannual agenda of rulemaking activities, many of which will impact hazardous materials professionals in 2018. The five rulemakings below, in progress now, are all scheduled to be published as final rules before Fall 2018.

  1. Enhanced Safety Provisions for Lithium Batteries by Air (RIN 2137-AF20

Expected in February 2018, this Interim Final Rule will harmonize the 49 CFR hazmat regulations with evolving international standards for shipping lithium batteries by air.  International requirements already in effect under the latest IATA DGR will now be adopted into 49 CFR and include:

  • Prohibiting lithium-ion cells and batteries as cargo on passenger aircraft;
  • Limiting state-of-charge to 30%; and
  • Limiting the use of alternate provisions for small cells or batteries by air.

Lithium battery requirements are one area of the hazmat regulations that have changed rapidly in the past decade and will continue to evolve as regulators and industry learn more about the potential and hazards of these batteries.

Melted mobile phone caused from lithium battery explosion

  1. Response to Industry Petitions—RIN 2137-AF09

Under regulations found at U.S. 49 CFR 106.95, interested parties may petition US DOT to amend, remove, or add hazmat regulations to enhance safety, streamline the CFR text, or boost efficiency for shippers and carriers.  In 2018, PHMSA plans to address 19 such petitions from hazmat stakeholders to provide clarification and/or relief within the hazmat shipping regulations.

Petitions to be addressed include an increase to the service life of certain hazmat tank cars and removing the emergency response number requirement for shipments of excepted quantities of hazardous materials.

This final rule is also expected in February 2018.

  1. Miscellaneous Amendments Pertaining to DOT Specification Cylinders (RIN 2137-AE80)

The U.S. DOT will address various petitions from industry stakeholders pertaining to the manufacture, maintenance, and use of DOT specification cylinders.  The rulemaking will also incorporate two existing hazmat special permits into the U.S. 49 CFR Hazardous Materials Regulations (HMR).

DOT expects to issue this final rule in April 2018.

 EPA’s Electronic Hazardous Waste Manifest System

Technically speaking, this one is a U.S. EPA rulemaking — but it does have consequences for hazmat shippers.  The Hazardous Waste Manifest is a shipping paper required for the transport of hazardous waste, and hazardous waste is regulated in transport as a hazardous material by US DOT.

On January 3rd, 2018, the U.S. EPA published a final rule to guide the process of setting and collecting fees from users of the electronic Manifest system.  Rollout of the long-planned e-Manifest system will begin in earnest on June 30th of this year, when the U.S. EPA plans to implement the system for collecting domestic hazardous waste manifests and domestic shipments of State-only regulated hazardous wastes.

As for how it will work, the U.S. EPA has determined that charging user fees to treatment, storage, and disposal facilities (TSDFs) and State-only waste receiving facilities is “the most effective and efficient means” of collecting user fees to fund the administration of the e-Manifest system.

  1. Oil Spill Response Plans for High-Hazard Flammable Trains

    High Hazard Flammable Train

    (RIN 2137-AF08)

This year, the U.S. DOT will promulgate a Final Rule to expand the applicability of oil spill response plans for trains transporting Class 3 flammable liquids in certain volumes and orientations across the train.

The bolstered requirements will apply to High-Hazard Flammable Trains, or HHFTs. A “High-Hazard Flammable Train” is a train carrying 20 cars of a Class 3 flammable liquid in a continuous block or 36 or more such cars across the entire train. Crude oil production and transport volumes have risen significantly in the past decade:  In 2009, 10,800 rail car loads of crude oil traveled by Class I railroad.  By 2015, that number had skyrocketed to over 400,000.1

The U.S. DOT plans to issue this final rule in July 2018.

These likely won’t be the only changes for U.S. hazmat shippers in 2018.  But, by identifying the future regulations or updates that may impact operations, shippers, brokers, and carriers can avoid confusion and panic when DOT finalizes the new rules.

 

Footnotes

  • *See 79 FR 45019

_____________________________

About the Author

Roger Marks is a researcher and writer at Lion Technology Inc., a provider of 49 CFR, IATA DGR, and IMDG Code dangerous goods training in the US.  Now in his 7th year at Lion, Roger creates content to inform and empower EHS professionals, and closely monitors developing regulatory actions that impact hazmat shipping, hazardous waste management, environmental compliance, and OSHA workplace safety.  Find nationwide public workshops, 24/7 online training solutions, and live webinars at www.Lion.com.

This article is republished and first appeared on OHS Online.

 

BC Seeks Feedback on Second Phase of the Spill Response Regime

WRITTEN BY:

Bennett Jones LLP

David Bursey, Radha Curpen, and Sharon Singh

[co-author: Charlotte Teal, Articling Student]

Phase-2 to BC’s Spill Response Regime

The British Columbia government is moving forward with the second phase of spill regulations, announcing further stakeholder engagement on important elements, such as spill response in sensitive areas and geographic response plans. The government will also establish an independent scientific advisory panel to recommend whether, and how, heavy oils (such as bitumen) can be safely transported and cleaned up. While the advisory panel is proceeding, the government is proposing regulatory restrictions on the increase of diluted bitumen (dilbit) transportation.

The second phase engagement process follows the first phase of regulatory overhaul introduced in October 2017, when the Province established higher standards for spill preparedness, response and recovery.

Photo Credit: Jonathan Hayward/Canadian Press

Feedback and Engagement

The Province is planning an intentions paper for the end of February 2018 that will outline the government’s proposed regulations and will be available for public comment.

In particular, the Province will seek feedback on:

  1. response times, to ensure timely responses to spills;
  2. geographic response plans, to ensure that resources are available to support an immediate response that account for the unique characteristics of sensitive areas;
  3. compensation for loss of public and cultural use of land, resources or public amenities in the case of spills;
  4. maximizing application of regulations to marine spills; and
  5. restrictions on the increase of dilbit transportation until the behaviour of spilled bitumen can be better understood and there is certainty regarding the ability to adequately mitigate spills.

What this means for industry

This second phase was planned follow up to the October 2017 regulations. Many of the proposed regulatory changes have been part of ongoing stakeholder discussions for the past few years. However, the prospect of permanent restrictions or a ban on the increased transportation of dilbit off the coast of B.C. and the prospect of further regulatory recommendations from the independent scientific advisory panel creates uncertainty for Canada’s oil sector.

The government’s emphasis on environmental concerns related to bitumen and its recent initiatives to restrict oil exports to allow time for more study of marine impacts will further fuel the national discourse on how to export Canada’s oil to international markets from the Pacific Coast.

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This article was first published on the Bennett Jones LLP website.

About the Authors