Heiltsuk First Nation to sue Kirby Corporation over 2016 diesel spill

As reported in Coast Mountain News, this month marks the one-year anniversary of the October 13 oil spill in Bella Bella, British Columbia. With the community’s recovery efforts undermined by government and Kirby Corporation’s refusal to take responsibility for the spill and to cooperate in its aftermath, the nation says it has no option but to turn to the courts.

“The oil spill continues to be a catastrophic injury to our food sources, culture, and economy,” says Heiltsuk Tribal Council Chief Councillor, Marilyn Slett. “Thanks to Kirby Corporation and the governments of British Columbia and Canada, our community’s road to recovery keeps getting longer and longer.”

The Nathan E. Stewart articulated tug/barge was southbound from Alaska when it ran aground at Edge Reef near Athlone Island on Oct. 13, 2016. (Photo Credit: Western Canada Marine Response Corporation)

Kirby Corporation and government have kept information secret about what occurred on October 13, 2016 when the Nathan E. Stewart grounded, sank and spilled oil into Gale Pass. The Heiltsuk Tribal Council made numerous separate requests for information to the polluter (Kirby Corporation) and various government agencies, including Transport Canada, the Transportation Safety Board, and the Canadian Coast Guard. Those requests were largely denied or ignored.

The Nation claims this secrecy and lack of collaboration has continued throughout the post-spill recovery.

“Recently, we learned the B.C. Ministry of Environment and Kirby have been secretly negotiating an agreement on the post-spill environmental impact assessment since early this year,” says Chief Councillor Slett. “Since this nightmare began, the polluter and provincial and federal governments have ignored our questions and environmental concerns, our collaboration attempts, and our rights as indigenous people. We have no choice but to turn to the courts.”

The nation is preparing to take legal action, aiming to recover damages suffered by its members as well as to examine the actual state of Canada’s “world class” oil spill response system.

The case will seek compensation for loss of commercial harvesting of marine resources and infringement of Aboriginal rights relating to food, social and ceremonial importance of marine resources — factors that the current oil spill liability framework does not account for.

“When I’m not harvesting Gale Pass to feed my family, I am working there as a commercial fisherman, earning an income to support them – and I’m one of many,” says harvester and volunteer oil spill responder, Robert Johnson. “Despite our reliance on Gale Pass, the governments of British Columbia and Canada and Kirby the polluter have little interest in understanding the impacts of this oil spill on the health of my community, this environment, or our economy.”

The existing oil spill response framework excuses the polluter and government from full responsibility for oil spill impacts on Aboriginal rights otherwise protected by the Constitution.

As such, the government of British Columbia and Kirby are not required by law to do comprehensive impact assessments of the oil spill. To date, they have rejected multiple Heiltsuk requests to participate in a study of the current and long-term impacts of the oil spill on the health of the ecosystem and marine resources and the social and economic consequences associated with the loss of harvest and use of the impacted area.

Instead, Kirby Corporation and the BC Ministry of Environment are proposing a limited environmental assessment covering a minority of the area and species affected.

Heiltsuk Nation will be asking the courts to assess whether this existing regime of liability for oil spills can really be considered constitutional.

“We’re learning the hard way that indigenous people and coastal communities can’t count on polluters, Western Canada Marine Response Corporation, or the governments of B.C. and Canada in a crisis situation,” says Kelly Brown, Director of the Heiltsuk Integrated Resource Management Department. “For our sake, and the sake of our neighbours, we are consulting with a range of experts to assess damages, recovery times, and, ultimately, determine how we can prevent a similar disaster in the future.”

The Nathan E. Stewart sinking off Bella Bella, British Columbia

Analyses of the oil spill response have revealed massive safety and planning oversights by the polluter and federal and provincial government regulations. They include: a lack of spill response materials; ineffective booms and delays in employing them; a lack of safety instructions and gear for Heiltsuk first responders exposed to diesel and dangerous marine conditions; and confusion over who was in charge in the early hours of the oil spill.

“Government representatives travel the province, country, and the world preaching reconciliation and nation-to-nation relationships with first people. Meanwhile, back home, they are avoiding our calls and emails, excluding us from meetings, and ignoring our rights,” says first responder and Hereditary Chief Harvey Humchitt. “If the courts have to explain that this is not what nation-to-nation relationships and reconciliation look like, so be it.”

The Heiltsuk Tribal Council expects the results of the various impact assessments, legal analyses, and evaluations to materialize in the coming weeks.

Environmental Opportunity for Women-owned Small Business Firms in the U.S.

Federal Business Opportunities, FBO-5787, Solicitation W912P917R0055, 2017

The U.S. Army Corps of Engineers has issued a solicitation that is earmarked  for woman-owned small business (WOSB) firms.  The U.S. Army Corps of Engineers, St. Louis District, plans to seek firms for environmental remediation construction efforts that include remedial design, remedial action, and remedial excavations of contaminated material at pre-determined depths; HTRW manifesting; utility relocation; water management; engineering support; and construction support.  The anticipated work lies within the geographic boundaries of the Mississippi Valley Division and U.S. EPA Regions 5 and 7.  Solicitation W912P9-17-R-0055 will be an RFP for lowest-price technically acceptable proposals. Contract duration is five years. The NAICS code for the work is 541620 (Environmental Consulting Services), with an SBA size standard of $15M.  Release of the solicitation is anticipated on FedBizOpps on or about October 9, 2017. For more information, visit https://www.fbo.gov/notices/106dd6fa43c17c865b58b8f17de28425

QM Environmental Announces Appointment of New CEO

QM Environmental, a Canadian environmental and industrial services company, recently announced the appointment of Justin Sharp as Chief Executive Officer.

Mr. Sharp brings more than two decades of experience in senior leadership roles, most recently as President and Chief Operating Officer of FirstOnSite Restoration, a Canadian disaster restoration company, where he led a restructuring effort to position the company for sale to a US operator, resulting in the creation of the second largest restoration firm in North America.  Prior to that, he held progressive positions over almost twenty years at SNC-Lavalin, serving his last five years as Senior Vice President, Operations and Maintenance across North America, Eastern Europe, the Middle East and North Africa, where he led expansion efforts, refined product offerings to better serve the local markets and clientele, created a world-class team, and prepared the groundwork to position the company for long-term growth.

Mr. Sharp holds a Bachelor of Arts degree from Saint Francis Xavier University in Nova Scotia and a Master’s degree from the University of Toronto.

QM Environmental is a environmental and industrial services company with offices located across Canada.  QM services include: Environmental Remediation, Demolition and Decommissioning, Hazardous Materials Abatement, Civil Earthworks, Emergency Response, Training, Waste Management and Facilities, and Water Treatment.

Canadian Environmental Code of Practice for AST’s and UST’s

The Canadian Council of Ministers of the Environment (CCME) recently updated the Note to Reader of the Environmental Code of Practice for Aboveground and Underground Storage Tank Systems Containing Petroleum and Allied Petroleum Products to reflect Canadian Standards Association standard CAN/CSA-B837-14.  The new standard addresses collapsible fabric storage tanks.  Please click on the following link for details: http://www.ccme.ca/en/resources/contaminated_site_management/management.html

TURI Publishes Nanomaterials Fact Sheet

Recently, the Toxics Use Reduction Institute (TURI), a research, education, and policy center established by the Massachusetts Toxics Use Reduction Act of 1989, published a nanomaterials fact sheet.  The fact sheet is part of a series of chemical and material fact sheets developed by TURI that are intended to help Massachusetts companies, community organizations, and residents understand the use of hazardous substances and their effects on human health and the environment.  The fact sheet also includes information on safer alternatives and safer use options.

According to the fact sheet, TURI researchers have started a blueprint for design rules for safer nanotechnology.  The design rules include five principles, which together follow the acronym SAFER, as shown below.  The principles focus on aspects such as modifying physical-chemical characteristics of the material to diminish the hazard, considering alternative materials, and enclosing the material within another, less hazardous, material.  The fact sheet notes that other researchers have proposed other more specific design rules, which include avoiding chemical compositions of engineered nanomaterials that contain known toxic elements, and avoiding nanomaterials with dimensions that are known to possess hazardous properties.

Design Principles for SAFER Nanotechnology

  1. Size, surface, and structure: Diminish or eliminate the hazard by changing the size, surface, or structure of the nanoparticle while preserving the functionality of the nanomaterial for the specific application;
  2. Alternative materials: Identify either nano or bulk safer alternatives that can be used to replace a hazardous nanoparticle;
  3. Functionalization: Add additional molecules (or atoms) to the nanomaterial to diminish or eliminate the hazard while preserving desired properties for a specific application;
  4. Encapsulation: Enclose a nanoparticle within another less hazardous material; and
  5. Reduce the quantity: In situations where the above design principles cannot be used to reduce or eliminate the hazard of a nanomaterial, and continued use is necessary, investigate opportunities to use smaller quantities while still maintaining product functionality.

The fact sheet provides a summary of regulations concerning nanomaterials.  Massachusetts currently has no regulations specifically governing the use or release of nanomaterials.  At the federal level, the U.S. Environmental Protection Agency (EPA) primarily regulates nanomaterials under the Toxic Substances Control Act.

The fact sheet notes that as of 2017, companies using or manufacturing nanomaterials that have not been subject to pre-manufacture notices or significant new use rules will be subject to a one-time reporting and recordkeeping rule.

Confirming the Chemical Identity

Philip Tackett, a certified HAZMAT responder and a Product Manager at FLIR, discusses its latest tool for chemical identification

 

By Philip Tackett

Civilian and military responders face scenarios ranging from intentional chemical attacks and accidental hazardous material (HAZMAT) releases to natural disasters and environmental monitoring or remediation efforts.  Responders step on-scene with a diverse toolkit – sometimes small and other times extensive.  It is critical to stay familiar with the equipment in the kit, because no single chemical detection tool can provide answers for every scenario.

Colorimetric test kits are one of the most commonly used technologies for quickly collecting presumptive information about a chemical.  They are used to determine if a threat is present and determine its chemical class.  This information is important, but knowing the exact identity of a chemical can inform a safer response.  True chemical identity can provide information to responders and law enforcement officials beyond the initial threat, and lead to further discoveries to further safeguard the public.

Griffin G510

While some detectors only indicate the presence of a chemical, others specifically detect hazards in the presence of a complex chemical background, like a gas chromatograph mass spectrometer (GC/MS).  GC/MS is an incredibly sensitive and highly specific tool commonly used in laboratory environments.  It can sense trace level chemicals other equipment can’t, while also providing the ability to positively identify the chemical.  But chemical emergencies don’t just happen in laboratories – they can happen anywhere.

Real-time chemical detection and identification in the field is critical to the Chemical, biological, radiological, nuclear, and explosives (CBRNE) defense or HAZMAT response mission.  Confirmatory chemical identification enables responders to mitigate a threat and protect people and the environment from harm.

The most challenging aspects of taking gold-standard technology like GC/MS into the field is survivability in harsh environments and ease of use.  Significant technological advancements have led to the development of the FLIR Griffin G510 person-portable GC/MS system.  Its lab-quality detection performance, simple-to-use interface, and rugged construction are ideal for high-consequence response missions.

Response missions take place in complex environments that the GC/MS must withstand.  The Griffin G510 is completely self-contained in a 36-pound device, including batteries, carrier gas, vacuum system, injector, and heated sample probe.  It is also the first IP65-rated portable GC/MS.  This means it’s dust-tight and spray-resistant, which adds flexibility to decontamination procedures.  There is no 40-pound external service module like other portable GC/MS systems and no 20-pound external pump under the bench like those seen in a laboratory.  Batteries last up to four hours and are hot swappable, should the mission extend longer than expected, which eliminates the need for a power generator.  The Griffin G510 is designed from the ground up to operate outside of the lab.

Griffin G510 syringe injection

Hazmat technicians will dive into using the features that deliver lab-quality analysis.  First on-scene operators will appreciate that they don’t need a Ph.D. to use it.  Basic operator training is completed in only two hours, while expert training can be completed in a single day.  The user interface truly sets it apart from other portable GC/MS systems.  It’s streamlined design and guided controls help the user select the mode of operation.  First responders must perform quickly and with limited dexterity when wearing required PPE.  They are responsible for sample and data collection, and in some cases, real-time decision making.  The G510 alerts the operator with visual alarm confirmation both on the handheld probe, as well as the on-board 9” touchscreen.  The large touchscreen can be operated by a responder while wearing full personal protective equipment (PPE).

Hazmat responders can use the Griffin G510 to analyze all phases of matter (solid, liquid, gas). Its integrated survey mode capability identifies vapor-phase chemical threats within seconds.  Its integrated split/splitless liquid injector enables responders to perform direct injection of organic liquids – an industry first.  This same injector also accepts other sampling tools, including solid-phase microextraction (SPME), off-the-shelf headspace analyzers, and the Prepless Sample Introduction (PSI) Probe.  The PSI-Probe directly accepts solid samples in their native form (such as soil and water-based materials).  The Griffin G510 reduces the burden of sample preparation for the operator and provides ultimate flexibility as the daily mission changes.

Hazardous environments demand the ultimate toolbox include confirmatory instrumentation like GC/MS. The Griffin G510 portable GC/MS redefines performance, ease of use, and value for the responder toolkit.

Griffin G510 – checking readout

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.

Forecast on Chemical Detection Equipment Market

Future Market Insights (FMI), is a market intelligence and consulting firm, recently issued a forecast report for the chemical detection equipment market.

In the view of FMI, a new era of chemical warfare and increased man-made threats is on the rise with the potential to cause harm.  The need for rapid identification of chemical or biological agents involved in any hazardous materials (Hazmat) is necessary to prevent incidents.

Chemical detection equipment are generally used to identify the presence and intensity of chemical agents in soil, air as well as water and to alert respective authorities and personnel to the existence of toxic or hazardous substances, so necessary action can be taken to prevent catastrophes, as it can be dangerous whether it is in a weaponized or non-weaponized form. Testing for the presence of these materials is necessary for production sites/industrial areas and exposed areas to prevent any incident.  Incidents from the past have resulted in the chemical industry to utilize reliable and high quality chemical equipment for monitoring of chemical plants and industries, hence increasing the demand for chemical detection equipment.

Rising threats from terrorist organizations have forced countries to use chemical detection equipment in all important sites, such as the airport, water distribution plant, nuclear power plant, tourist places and many other critical infrastructure facilities for the purpose of public safety. Chemical detection equipment is also used in facilities like nuclear power plant, chemical production facilities and various other industries to identify the presence and intensity of Radiation & chemical agents in soil, air as well as water.

Chemical Detection Equipment Market: Dynamics

Growth in the chemical detection equipment market is mainly due to an increase in terrorist threats, as well as increasing safety regulations.  The increase in production of hazardous materials for industrial applications has also increased the level of threat, due to accidents or misuse by terrorists.  Strict laws for buying and selling of hazardous chemicals and increased activities by law enforcements and safety and security administrations has led to growth of the chemical detection equipment market.  Awareness among people and stringent government regulations has created immense pressure on corporates to keep chemical detection equipment at their sites to ensure safety of the workforce.  As a result, usage of chemical detection equipment in many industries has consequently surged its demand globally.

On the other hand, the high price of this equipment and high operating cost (cost of the chemicals used in making detection equipment) are restraints to the growth of the global chemical detection equipment market.

Among the chemical detection equipment available in the market, equipment that is small, effective, simple and relatively cheap are in trend and hold the maximum market share.  Portable chemical detection equipment with infrared technology & Raman spectroscopy has already captured a major market share due to the above stated reasons.

Chemical Detection Equipment Market: Regional Outlook

North America is a major market for chemical detection equipment as continuous research and development is required in this field and the United States is a leader in the R&D of chemical detection technology.  The increase in terrorist threats and incidents related to chemicals in recent years has garnered much attention from people and governments all over the world.  The countries affected by terrorism are major markets for chemical detection equipment, such as India, the United Kingdom, Iraq, Afghanistan, etc.

U.S. PHMSA Provides funding for Hazardous Materials Instructor Training

The United States Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced it was providing more than $4 million (U.S.) in grants to Hazardous Materials Instructor Training (HMIT) and Supplemental Public Sector Training (SPST).

The HMIT grants fund the training of instructors who then train private-sector hazardous materials employees.  The SPST grant funds national non-profit fire service organizations to train instructors to conduct hazardous materials response training programs for local responders.

“Enhancing the safe transport of hazardous materials by highway, rail, water, and air is one of the Department’s top priorities,” said U.S. Transportation Secretary Elaine L. Chao. “These grants are force multipliers in helping communities get more local first responders and employees prepared for transportation incidents involving hazardous materials.”

The following HMIT grants were awarded for 2017:

  • The International Association of Machinists and Aerospace Workers Corporation for Re-Employment and Safety Training ($729,197)
  • The International Chemical Workers Union Council ($399,608)
  • Sustainable Workplace Alliance ($817,950)
  • Texas A&M Engineering Extension Service ($708,239)
  • Short Line Safety Institute ($500,000)

For 2017, one national non-profit fire service organization, the International Association of Fire Fighters was awarded a grant of $931,000.

“Well-trained first responders play a critical role in any hazardous materials incident, and this grant funding supports their efforts to protect their communities,” said PHMSA Acting Administrator Drue Pearce. “These grants are part of our comprehensive approach to improving the safe transportation of hazardous material across the country.”