Environmental Job Market Trends in Canada 2014-2017

ECO Canada recently issued an Environmental Job Market Trends Report that shows that the environmental job market rebounded in Canada last year with 22.7 thousand job ads, reflecting a 9% increase from 2016 levels.  On the other hand, total job ads peaked in 2014 at 1.30 million, decreased to 1.07 million by 2016 (a drop of 18%) and slightly dipped in 2017 with 1.05 million job ads, reflecting a 2% decline.

  • Employment increases within key industries that employ a number of environmental workers, which includes professional, scientific and technical services;
  • Resurgence in goods-producing sectors such as manufacturing, construction, and energy; and
  • Provincial governments implementing climate change plans.

The report states that Ontario, Alberta and British Columbia are the provinces that have consistently shown the most demand for environmental professionals between 2014 and 2017.

Managers in financial and business services had the highest job ad growth rate with close to 30%, from 1,090 job ads in 2016 to 1,410 in 2017.  Agriculture/horticultural workers, technical inspectors/regulatory officers and engineers, with an environmental function attached to the roles, remained the most sought-after positions with 2,870, 3,020 and 2,110 job ads in 2017 respectively.

ECO Canada develops programs that help individuals build meaningful environmental careers, provides employers with resources to find and keep the best environmental practitioners and informs educators and governments of employment trends to ensure the ongoing prosperity of Canada’s growing environmental sector.

 

The National Brownfield Summit – A Brief Recap

By David Nguyen – Staff Writer

This year’s conference is about charting the future of the CBN. (Image from CBN).

On June 13, 2018, The Canadian Brownfields Network (CBN) held their 8th annual conference, taking the form of a National Brownfield Summit. This year also marks the 15th anniversary of the 2003 National Roundtable on the Environment and the Economy report, and the cornerstone of this year’s summit was to revisit the original report and reflect on the progress since then, as well as the challenges that still need to be addressed.

Keynote Speaker

After an introduction by president Grant Walsom, the conference began with the keynote speaker Marlene Coffey, Executive Director of the Ontario Non-Profit Housing Association, who spoke about previous examples of the developments on Brownfields, including housing developed on a Goodyear Tires site, or the Vancouver Olympic village or Toronto Pan American housing facilities.

She spoke of Toronto’s current housing crisis and how costs have outpaced income for many renters due to the market response to the economic growth in the Greater Toronto Area, as well as Hamilton and Waterloo. She also spoke about how condominium development is preferred due to the pre-selling and reselling markets providing profit and equity for the developer before and during construction.  Contrast that to rental housing, where developers of must put up front all costs of development before any profits.

The city of Toronto’s plan to address these concerns include building 69 000 affordable rental units within 10 years, extending the life of 260 000 units, as well as income support for 311 000 households. In addition, the federal government launched the National Housing Strategy in 2017, with $40 billion over 10 years to support affordable housing initiatives across Canada. Coffey reports that municipality participation is key to obtaining funding for affordable housing, and a role that can be played is to donate available land for development.

Current Affairs

A series of professional presentations followed, discussing various emerging investigation and remediation techniques. These included Dr. Barbara A. Zeeb discussing the use of phytotechnologies to remediate brownfield sites. She compared the traditional method of soil excavation, transport, and disposal to phytoextraction – the use of plants to remove the contaminant while leaving the soil intact and reusable, such as using natural and native species to remove organics like DDT. Other benefits include its cost effectiveness and the uptake of greenhouse gasses, but technologies are site specific, and can take years to remediate fully – highlighting the role that phytoremediation can play alongside traditional remediation methods.

A legal update with lawyer John Georgakopoulos provided an overview of legal cases currently before the courts, with implications for the brownfield development. His presentation compared cases of regulatory liability to civil liability and about managing environmental liabilities through exercising due diligence. He noted, however, that due diligence plays a bigger role in regulatory liability and a smaller role in civil liability, and he encouraged environmental liability protections like environmental insurance and regulatory liability protection.

Cross-Country Check-Up Panelists Kerri Skelly (front left), Lisa Fairweather (centre) and Krista Barfoot (left) with President D. Grant Walsom (back). (Photo from the CBN).

A cross-country checkup with panelists from across Canada discussed the changing landscape for excess soils. Speakers include Krista Barfoot (of Jacobs Engineering Group) speaking about Ontario’s proposed guidelines on excess soils, such as the emphasis on the use of excess soil management plans and addressing issues such as situations where there is no beneficial reuse site. Lisa Fairweather spoke about the Alberta’s Remediation Certificate and its impacts on reducing barriers to brownfields development; and Kerri Skelly spoke about British Columbia’s new excess soil regulations and its goals of clarifying rules for businesses moving soil and increasing the opportunity for soil reuse.

Angus Ross (left) with Grant Walsom. (Photo from the CBN).

Before breaking up into working groups, the final presentations reviewed the current state of brownfield development in Canada. Angus Ross, who chaired the original task force, discussed how the National Strategy succeeded in addressing liability issues, financial funding, and building public awareness of brownfields. A major recommendation was the formation of a national brownfield network, which led to the CBN.

Ryerson PhD student Reanne Ridsdale presented findings on a survey of about 6,500 brownfield remediated sites across Canada, where 80 participants were polled, including environmental consultants, government officials, lawyers and financiers.

Reanne Ridsdale presenting the results of the CBN/Ryerson survey. (Photo from the Daily Commercial News).

Following was a presentation by a Ryerson student planning studio group compared brownfield policies of each province, based on criteria such as clear policies, an accessible brownfield site inventory, and incentives for development. Ontario, Quebec, and British Columbia were considered to be very progressive in their policies towards brownfield development, but improvements could still be made across Canada in terms of standardizing rules and policies and producing developer friendly guidelines for site remediation. Then PhD student Reanne Ridsdale talked about the results of the CBN/Ryerson survey of the brownfield community’s view of progress in the last 15 years. Respondents indicated that the CBN is too eastern focused on central and eastern Canada, with little presence in the Prairies, as well as being too research-focussed and not conducting enough outreach.

Charting the Future

The day was capped off with breakout discussion groups to discuss “challenge questions” and allow attendees to contribute ideas to future CBN activities to advance brownfield developments. Challenge question topics included the roles of the federal, provincial, and municipal governments, the development of a brownfield inventory, innovations in brownfield developments, and the societal impacts of brownfield development on communities. One of the key discussion points was for the CBN to promote a “Put Brownfields First” mentality, particularly within governments. This includes developing a financing model/regime for governments to support brownfield developments, particularly in smaller municipalities, as well as to harmonize rules and guidelines for brownfield development. In addition, the CBN should facilitate the education of brownfields to local communities and involve land owners and developers in the process of implementing brownfield policies.

The National Brownfield Summit provided an amazing opportunity for members and attendees to provide input towards the goals of the CBN. More information about the Canadian Brownfields Network can be found at https://canadianbrownfieldsnetwork.ca/ including the summit program and information about the presenters.

Snapshot of the Canadian Brownfields Programs

As reported by Don Proctor in The Daily Commercial News, the federal government has an important role to play in supporting brownfield development, suggests a recent report authored by third-year undergraduate Ryerson University students working on behalf of the Canadian Brownfields Network (CBN).

“There is a sense among industry professionals and academics that the industry as a whole has not progressed as much as it should,” said one of the students, David Sturgeon, at the CBN’s annual conference held recently at the downtown Toronto university campus.

Map of Brownfield Sites in Regina, Saskatchewan

The students conducted a broad snapshot of federal brownfield programs, highlighting cleanup and best practices.

Sturgeon said the student team organized a three-tier rating scoresheet for each province’s progress on brownfields. B.C., Ontario and Quebec got the highest marks. Quebec is a leader because of its incentives-based cleanup programs. One initiative offers 70 per cent funding for onsite remediation work.

Quebec also has an accessible and up-to-date brownfield site inventory, which is a step ahead of other provinces, Sturgeon told delegates.

While the country’s three most populous provinces scored high, the students ranked Alberta lower down, closer to the middle tier.

“It (the Alberta government) has made quite a bit of progress towards cleanup in the last couple of decades,” Sturgeon said. “But where they struggle is helping developers to act sooner than later on idle or vacant contaminated sites.”

The student team was led by Chris De Sousa, the vice-president of the CBN and a professor at the School of Urban and Regional Planning at Ryerson University. De Sousa said the study compiled extensive information on brownfields from federal, provincial and territorial governments. Also reviewed were provincial stakeholder groups and comparisons were made with the U.S. and the United Kingdom.

Reanne Ridsdale, a Ryerson PhD student, conducted research into actual practice versus the objectives outlined in the National Round Table on the Environment and the Economy (NRTEE), founded in the late 1980s. For a survey of about 6,500 brownfield remediated sites across Canada, Ridsdale polled 80 participants, including environmental consultants, government officials, several lawyers and financiers.

Eighty-five per cent of those polled said brownfields were a medium to high priority in their organization.

She said 59 of the 80 respondents indicated Canada would benefit from a national fund for brownfield redevelopment. The top three developmental barriers indicated by respondents deal with remediation costs and lack of information available on site conditions, Ridsdale said.

The survey also supported the CBN as a national organization but some respondents were negative because the CBN does not receive federal funding so its scope is limited.

“We are a little bit eastern-centric,” which is probably because of the lack of funding, Ridsdale told delegates, adding the survey results will be published as part of a white paper this summer.

Angus Ross, chairman of L and A Concepts, chaired two government task forces on brownfields, including one that created the National Brownfield Redevelopment Strategy for Canada in 2003. The findings were not the last word on brownfields “but they did a tremendous job in kickstarting the entire brownfield file in Canada,” he said.

Ross, who was appointed by the federal government in 1996 to head the NRTEE and in 2004 to chair the CBN’s advisory panel, said brownfields became “a household word” in the early 2000s through media reports on the NRTEE.

“We got very immediate provincial and municipal buy-in,” he told delegates at the conference.

Hamilton Waterfront

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.

 

Setting New Legal Standards And Timelines: Alberta’s Remediation Regulation

Article by Alan Harvie, Norton Rose Fullbright Canada LLP

Alberta Environment and Parks (AEP) has amended regulations that will require all contamination caused by spills that are reported to regulators after January 1, 2019 to be delineated and assessed as soon as possible through a Phase 2 environmental site assessment that meets AEP’s standards and that is then either remediated within two years or subject to an approved remedial action plan with an approved final clean-up date. These are significant departures from the current requirements.

On June 1, 2018 the Remediation Certificate Amendment Regulation was passed into law under the Environmental Protection and Enhancement Act (EPEA). It amends the existing Remediation Certificate Regulation in a number of important ways, including changing the name to the Remediation Regulation.

Groundwater monitoring wells

The Remediation Regulation will be administered by the Alberta Energy Regulator (AER) for contamination at upstream oil and gas sites, such as wells, pipelines and facilities, and by AEP for all other sites.

Under the EPEA, a person responsible for the release of a substance into the environment that causes or has the potential to cause an adverse effect is under a legal duty, as soon as they know about the release or ought to have known about it, to report it to regulators. They must also, as soon as they know or ought to have known about the release, take all reasonable measures to repair, remedy and confine the effects of the substance, remove or otherwise dispose of the substance in such a manner as to effect maximum protection to human life, health and the environment and restore the environment to a condition satisfactory to the regulators.

Although persons have always been legally required, under the EPEA, to clean up spills, historically there was no legal requirement as to how a person was to assess contamination or any specific time limit as to how long a person could take to remediate the spill as required by the EPEA. This has now changed.

New timelines

The Remediation Regulation requires that a person responsible for a spill that is reported after January 1, 2019 must:

  • As soon as possible, either remediate the spill to meet the criteria set out in the Alberta Tier 1 and 2 Soil and Groundwater Remediation Guidelines and submit a report to the regulators about the remediation or undertake a Phase 2 environment site assessment of the site that meets the requirements of AEP’s Environmental Site Assessment Standard.
  • If the site cannot be remediated to the satisfaction of the regulators within two years, then the person responsible for the spill must submit a remedial action plan (RAP) that complies with AEP’s Alberta Tier 1 and Tier Soil and Groundwater Remediation GuidelinesEnvironmental Site Assessment StandardExposure Control Guide and Risk Management Plan Guide.
  • The RAP must include a period of time for completion of the remediation that is acceptable to the regulators.
  • The person responsible must take the remedial measures set out in the approved RAP by such time.

New legal standards

The Remediation Regulation previously incorporated into law the requirements to use the Tier 1 and 2 Soil and Groundwater Remediation Guidelines for obtaining a remediation certificate under the EPEA. It now requires that the Guidelines also be followed for assessing contaminated sites and therefore eliminates some historical practices in which persons responsible for spills used other clean-up guidelines or criteria.

The Remediation Regulation also requires the use of the Environmental Site Assessment Standard. The Standard sets out how contamination is to be vertically and horizontally delineated and assessed. The Remediation Regulation requires that this work be done within two years.

If the spill cannot be remediated within two years, then a RAP which meets the Exposure Control Guide and the Risk Management Plan Guide, and which has been approved by the regulators, must be in effect at the end of the two-year period. For some large contaminated sites, it may be challenging to fully delineate the contamination, develop a RAP and have the regulators approve it within two years. Furthermore, the clean-up under the RAP must have a stated end point.

Abandoned oil well equipment

These changes diverge from historical practices where, in some cases, contamination delineation has taken several or more years, and remedial actions, if any, have not been well planned and have had no fixed end point.

Implications

The implications of the Remediation Regulation for persons responsible for contamination are such that they will no longer be able to ignore or may only be able to slowly proceed with assessing contamination or simply monitor it over the long term. Concrete steps must now be taken according to set time periods and such steps must comply with AEP’s guidelines and standards.

Next steps

As mentioned, the new requirements to delineate and remediate a site apply only to spills reported on or after January 1, 2019. Before then, AEP is expected to release further guidance, host stakeholder workshops and potentially amend the Remediation Regulation.

 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

This article was first published on the Norton Rose Fulbright Canada LLP Website.

_______________________

About the Author

Alan Harvie is a senior partner at Norton Rose Fulbright Canada LLP and practices out of the Calgary office.  He has practised energy and environmental/regulatory law since 1989 and regularly deals with commercial, operational, environmental and regulatory issues, especially for the upstream oil and gas, energy, waste disposal and chemical industries. He is a member of our energy and environmental departments.

Mr. Harvie also has significant legal experience in acting for the oil and gas industry in commercial transactions and regulatory matters, including enforcement proceedings, common carrier and processor applications, forced poolings, downspacings and holdings, rateable take, and contested facility, well and pipeline applications. He has also dealt extensively with commercial, environmental and regulatory issues concerning thermal and renewable power plants, electrical transmission and distribution lines, tourism and recreation projects, forestry, mining, agriculture, commercial real estate, industrial facilities, sewage plants, hazardous waste landfills and treatment facilities, transportation of dangerous goods and water storage reservoirs.

Mr. Harvie regularly advises clients about environmental assessments and permitting, spill response, enforcement proceedings, contaminated site remediation, facility decommissioning and reclamation, chemical compliance (DSL, NDSL, MSDS and HMIRC), nuclear licensing, crude-by-rail projects and product recycling and stewardship requirements.

 

New Partnership for Oil Spill Response

Four Norwegian companies have formed a new partnership to provide an oil spill response service. Framo, Maritime Partner, Norbit Aptomar, and NorLense have established the OSRV Group which is claimed to be a ‘one-stop-shop’ for oil spill response. The companies in this new group are all specialists in their particular fields and their Norwegian manufactured components have a dedicated function that is aimed at achieving the best result possible when an oil spill occurs. The products of this group also allows for conventional supply vessels to be converted to emergency oil-spill response support units as required.

OSVR Group offers a complete oil spill response solution

“Our aim is to be a ‘one-stop-shop’ where we pool our efforts and act as a total systems supplier of safe, highly functional, and well-tested technology. The emergency response equipment has undergone thorough testing and quality assurance, drawing on 40 years of oil spill response experience,” says Jørgen Brandt Theodorsen, Area Manager of Oil & Gas Pumping Systems at Framo. “The OSRV Group offers a package solution that covers everything the customer needs, from detection and containment to recovery of the spill and this is conducted with reliable equipment that can handle the challenges if an accident occurs.”

“The customer only has to deal with one of the partners to get access to a complete system that covers everything and is fully adapted in terms of functionality, volume and size,” said Roy Arne Nilsen of NorLense. Aptomar’s radar and infrared cameras can identify and produce an overview of the oil slick, whilst Maritime Partner’s high-speed vessels are designed for pulling equipment such as booms in place. These booms are supplied by NorLense, and then recovered oil is pumped onto a vessel with the Framo TransRec Oil Skimmer System.

“This is a turnkey solution where customers have access to emergency preparedness expertise without themselves having to acquire this. With our package solution, supply vessels can easily be upgraded and used as part of new emergency response tenders. It is quick and easy for ship-owners to convert existing vessels in order to offer new services to oil companies,” commented Lars Solberg of Norbit Aptomar.

A prompt response is important so the OSVR Group will ensure that an emergency oil-spill response system responding quickly.” said Peder Myklebust, of Maritime Partner.

 

The Commodification of Phase I ESA’s and the Need for Innovation

Introduction

Individuals who read environmental site assessments (“ESAs”) in the early 1990’s as part of their job will likely remember the unevenness of recommendations and conclusions and the wide range in the quality of reporting.  During that time, as an in-house environmental engineer at a major law firm, I likely read more ESA reports from more environmental consulting firms than I care to remember.  To this day I still read my fair share of ESA reports from various consultants as part of my job.

Standardization

In the 1990’s there was a growing demand from users of ESA reports for some form of standardization.  Back then, and to this day, a potential buyer of a property and the associated lender used an ESA report to aide in determining the monetary risk associated with any environmental liabilities linked to a property.  The wide variety of styles, coverage, disclaimers, recommendations, and conclusions in ESA reports back in the early 1990’s made that task very hard.

More than one consultant in the 1990’s would try to absolve themselves of liability by merely stating the findings of the investigation and avoiding any recommendation or conclusions.  Others would include disclaimers that would essentially hold them blameless for all errors and or omissions.

The first standardized ESA reports that came across my desk conformed with the United States ASTM E1527 standard published in 1993.  The first Canadian ESA standard (Z768) was issued in 1994 by the Standard Council of Canada.

In Canada, the latest version of the CSA Z768 standard is what is used as starting point for conducting Phase I ESA’s.  A vast majority of ESA reports that I read begin quoting the CSA standard but with the added qualifying statement that the report is in “substantial conformance” with the standard.

Commodity

Currently, many of the major lenders in Canada have lists of approved consultants for ESA’s.  Any borrower can choose freely from the list and arrange for an ESA on a property.  Other organizations have similar lists.

The CSA Z768 standard combined with the lists of qualified consultants typically supplied by lending institutions has created, in my opinion, a commodification of Phase I ESA’s.  An unsophisticated and occasional user of environmental services would most likely choose a consultant to conduct a Phase I ESA based on price.

Sophisticated buyers of environmental services have their own favourite consultants.  To earn the trust of a regular user of ESA services, a consultant needs to be able provide a clear explanation of environmental liabilities and a strong justification for the need further investigation (i.e., Phase II ESA).  The exemplary consultant has the ability to uncover the less than obvious environmental liabilities.  All trusted consultants provide timely report in a cost-effective manner.

The advantage of the sophisticated buyers of ESA services is the experience gained from reading reports from dozens of different firms and knowledge of the revelations and oversights of each.  Even amongst sophisticated buyers, there is a level of commodification that exists as they would likely have anywhere from 4 to 5 firms (any maybe more) that they trust to do good work.

Differentiation

When being sold environmental services from consultants, I typically ask a consultant what differentiates them from their competitors with respect tot the conduct of a Phase I ESA.  In essence, I want them to articulate to me how their ESA work is superior to the competition.  The typical list of replies can be found in the table below.  Based on the majority of responses I receive, it is my conclusion that the consultants themselves are unknowingly conceding that they are selling a commodity service.  The differentiators they describe can apply to almost any firm that provides the service.

Table 1: Common Reasons Cited by Environmental Consultants for Choosing Them

“Cost effective”

“better”
“Fast turn-around time” “more effective”
“Use only experienced assessors” “more thorough”
“Experienced reviewers and supervising Staff”

“quality controls”

Innovation

So how can a consulting firm give clients what they want – more certainty on risk associated with a property – and differentiate the ESA service they provide?

I have found one consultant that I now work with has risen above the commodity Phase I ESA.  This consulting firm, through innovation, has gone beyond the bare minimum of a Phase I ESA that would conform to the CSA Standard and utilized technology to enhance the Phase I ESA.

A standard Phase I ESA requires only observation as part of the site visit portion of the ESA.  The use of intrusive testing is saved for a Phase II.  However, with the utilization of field instrumentation that is non-intrusive, an enhanced Phase I can provide much more information that a standard Phase I ESA.

The environmental consulting firm, Altech Consulting Group, uses magnetic surveys as a standard part of the its Phase I ESAs.  A magnetometer measures the magnetic potential underground through non-obtrusive means.  It can identify the presence of underground steel tanks or drums, and other ferrous buried objects (i.e. pipes).

Enhanced Phase I ESA – Seeing underground with the magnetic survey

By including a magnetic survey as a standard part of a Phase I ESA, Altech has more information from which to base its conclusions and recommendations.  It can utilize the information found from the magnetic survey along with historical data and interviews with persons knowledgeable of the property to have a stronger argument for the need for a Phase II ESA or not.

Chad Stewart, the head of the environmental investigation group at Altech stated “one of the biggest sources of environmental liability at the majority of sites is leaks from underground storage tanks or pipelines.  By including a magnetic survey as part of our Phase I ESA, we are in a much better position to state if further intrusive investigation is required.  Our approach saves the client time and money.”

As I said earlier, I have seen my share of ESA reports from numerous consultants.  Their a some that are very quick to recommend a Phase II ESA based on the limited information that only hints that a UST may have been present.  A vast majority of the subsequent Phase II findings reveal that there is no contamination.

Any means of bringing non-intrusive testing and measurement techniques into use for a standard Phase I ESA is a good thing in my opinion.  The more information that can be obtained during the Phase I ESA, the better the decision making on the need for a Phase II.

By not having to perform an unnecessary Phase II ESA, a client could save tens of thousands of dollars.  By performing a Phase II ESA based on information obtained from a magnetic survey that is a standard part of a Phase I ESA, a client could potentially save hundreds of thousands of dollars.

Innovative Technology to streamlines brownfield industry projects

As reported by Martin Menachery in Arabian Oil and Gas, Over 95% of projects in the process industry in the Middle East (and comparable percentages around the world) are retrofits or expansions of existing plants that seek to increase capacity, comply with regulations, or introduce new technology to improve performance.

Moreover, often the building of a new plant is done on the brownfield site of an existing facility. For all these projects, capturing and modelling the existing context is critical to decision making and both conceptual and detailed engineering design. 3-D Software reality modelling technology is increasingly being leveraged to support these critical workflows.

In this year’s submissions for the ‘Be Inspired Awards’, there are five excellent examples using reality modelling technology in the process industry, demonstrating how this technology has now become an essential part of any brownfield or greenfield plant design project.

UCB, a global biopharmaceutical company, is using reality modelling for its iconic manufacturing plant in Belgium (which was established in 1928) to assess options and communicate ideas to help this complex and established site become carbon neutral by the year 2030.

ContextCapture was used to create an engineering-ready 3D model of the entire complex, including all the buildings, production facilities, roads, and parking areas, using both drone and terrestrial photography.

This context enabled the engineering team to quickly produce a 3D model to convey ideas and determine options. Point-cloud data from laser scans was then added to the model to enable accurate quantities to be calculated and precise measurements to be given to contractors for the priority work packages.

ABS Steel needed to modernise the fume extraction system for its large steel complex in Udine, Italy, to meet new regulations. It did not have a survey of the entire site since the complex was the result of a merger of two plants in 1988. ABS Steel awarded the contract to BM Engineering to survey the site.

It used laser scanning for inside the plant and photography for outside the plant, creating a combined engineering-ready model in MicroStation using ContextCapture and Bentley Pointools, which was read into AECOsim Building Designer and used to design the new fume extraction system. The model was then used to test the structural integrity of the aging parts of the factory.

By using a drone to capture photos of the roofs of the industrial buildings, and using ContextCapture to accurately create the 3D model, the project avoided the need to construct at least 70,000 temporary structures (guardrails, walkways, ladders, PPE, etc.) to conduct the survey work.

Flightline Geographics (FlightlineGeo) solved a problem for an owner of an ethanol plant in Kansas, United States, plant expansion of which was impeded by a lack of a drainage plan that would satisfy the local municipality. Traditional alternative methods, such as ground surveying and either ground or aerial LiDAR, were eliminated as possible solutions due to the short time frame and limited project budget involved.

A drone was able to survey this 200-acre ethanol plant site in one hour. (Image courtesy: FlightlineGeo)

It was decided to use a drone (UAV) and, once survey ground control was placed, the UAV capture of the 200-acre site was completed in a single one-hour flight. The team used ContextCapture to produce the 3D model that engineers needed to quickly calculate the results for the drainage and construction study, which was presented to municipal authorities a few days later.

Moreover, the team leveraged the same work to create a 3MX reality mesh that could then be used for visualisation within the Acute 3D viewer. It took just one week to conceive, capture, process, and deliver the project, and gain approval.

Technical Solutions International (RBI) is a world-class engineering inspection company headquartered in Durban, South Africa. RBI has deployed a solution that combines the use of unmanned autonomous vehicles (UAVs or drones), 3D reality modelling software (ContextCapture), a geographical information system (Bentley MAP), and engineering documentation management (ProjectWise) to manage the entire inspection process.

Its clients include petrochemical, pulp and paper, power generation, and telecommunications firms. The new process enables RBI to deliver more competitive services to its clients that speed survey time considerably and increase the value and visibility of its inspection survey data.

“UCB SA is driving a ‘smart factories’ initiative, leveraging Industry 4.0 and Bentley technology. Our objective is to reorganise production so that we are more adaptable and effective in the allocation of resources. We store our engineering data in ProjectWise for better collaboration among colleagues,” said Joseph Ciarmoli, Head of CAD engineering, UCB SA.

“Using ContextCapture for 3D modelling of our site provides geo-referencing and allocates geographical coordinates to our data. Analysing the 3D model together with the orthophoto drawings provides the official record of our land registry data, waterways, and buildings,” added Ciarmoli.

“We can also bring this 3D model into AECOsim Building Designer to support any building design changes. For proposed modifications to our production facilities, we use OpenPlant Modeler and OpenPlant Isometrics to provide precise 3D data for contractors and to automate the detection of clashes between pipes, structures, and equipment,” observed Ciarmoli.

“The interoperability of Bentley products has made it possible to optimise and significantly reduce the survey and reality modelling time, while also allowing a BIM model to be created that can easily be used by all stakeholders (structural and plant designers), who have decidedly and significantly improved the efficiency of their integrated design, allowing the implementation of the first revamping phase to be reached just three months after delivery of the BIM model,” said Marco Barberini of BM Engineering.

“Reality modelling using ContextCapture from Bentley enabled FlightlineGeo to process a large amount of data into information for the client in near real time. The project was completed ahead of time and under budget, allowing the company to acquire its expansion permit and move on with production of renewable energy,” commented Devon Humphrey, CEO, FlightlineGeo.

“Bentley’s range of products and integration between their products and our automated UAV systems gives us and our clients an added advantage against an ever-improving competitive market. The future we live in today,” said Stanley du Toit, technical and solution director, RBI Technical Solutions International.

3D design and conceptual model of the city of Coatesville’s “The Flats” brownfield redevelopment, a rugged, 30-acre former steel-mill site located 40 miles west of Philadelphia.

Recent Trends in the Selection of Remedies at Superfund Sites

The U.S. Environmental Protection Agency (U.S. EPA) recently issued the 15th edition of its Superfund Remedy Report (SRR).  The report is a compilation of over 300 remedies selected in decision documents for contaminated sites on the National Priorities List (NPL) from October 2011 to September 2014.

Summary

Remedies included in the document relate to soil, groundwater, and sediment.  The remedies were counted by specific technology or approach, and also grouped into categories, such as treatment, on-site containment, off-site disposal, monitored natural attenuation (MNA), and institutional controls (ICs). The study analyzed remedies by media (i.e., soil, sediment, and groundwater), and the types of contaminants of concern (COCs) in those media. The evaluation also included vapor intrusion mitigation remedies.

The SRR compiles data on remedies and presents separate analyses for contaminants overall and contaminants in select media (soil, sediment and groundwater). This edition also includes a separate analysis of remedy and response action data for large sediment sites.

Dredging PCB-Contaminated sediment on the Hudson River

For the majority (78 percent) of the 1,540 Superfund sites with decision documents available, treatment has been selected, often in combination with other remedies. Most of these sites have more than one contaminated media, most frequently groundwater and soil. Most sites also have different types of contaminants of concern (COCs): more than half of sites address volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs) and metals, while a quarter of sites address two of these groups.

For FYs 2012 to 2014, remedies were selected in 308 decision documents, including 242 RODs and ROD Amendments, and 66 ESDs with remedial components. Of the 308 decision documents, 188 (61 percent) include a remedy for source materials (such as soil and sediment) and 160 (52 percent) for groundwater. Remedies were also selected for soil gas and air related to vapor intrusion.

Source Remedies

For this three-year period, nearly half of decision documents with source remedies include treatment. A quarter of all source decision documents include in situ treatment. Soil vapor extraction, chemical treatment, and in situ thermal treatment are the most frequently selected in situ treatment technologies for sources with soil being the most common source medium addressed. Physical separation, recycling, and solidification/stabilization (S/S) are the most common ex situ treatment methods. Metals, polycyclic aromatic hydrocarbons (PAHs) and halogenated VOCs are the COCs most commonly addressed.

Table 1: Summary of Source Control Remedies

Treatment
• Chemical, biological, or physical means to reduce toxicity, mobility, or volume of contaminated source media

• Can be either in situ or ex situ

• examples include chemical treatment and in situ thermal treatment

On-site containment
• Examples include the use of caps, liners, covers, and landfilling on site
Off-site disposal
• Includes excavation and disposal at an off-site facility
Monitored natural attenuation (MNA)
• Reliance on natural processes

• Natural attenuation processes may include physical, chemical, and biological processes

Monitored natural recovery (MNR)
• Reliance on natural processes to reduce risk from sediments

• Natural attenuation processes may include physical, chemical, and biological processes

Enhanced monitored natural recovery (EMNR)
• Combines natural recovery with an engineered approach for sediments

• Typically includes placing a thin layer of clean sediment to accelerate the recovery process

Institutional controls
• Nonengineered instruments, such as administrative and legal controls, that help minimize the potential for human exposure to contamination and protect the integrity of the remedy

• Examples for source media include land use restrictions and access agreements

Other
• Source control remedies that do not fall into the categories of source control treatment, on-site containment, off-site disposal, MNA, MNR, EMNR, or engineering controls

• Examples include wetlands replacement and shoreline stabilization

Sediment Remedies

Of the 188 recent source decision documents, 39 include a remedy for sediments. Most of the sediment decision documents (87 percent) include dredging, excavation, off-site disposal or on-site containment as part of the selected remedy. Some treatment was also selected — for example, in situ amended caps and ex situ and in situ S/S. Examples of other remedies include wetlands replacement and enhanced or monitored natural recovery (EMNR or MNR). Two-thirds of the sediment decision documents include institutional controls (ICs). Metals, PAHs and polychlorinated biphenyls are the COCs most frequently addressed.

EPA also analyzed newly acquired remedy and response action data on the largest sediment sites, known as Tier 1 sediment sites. The data include 112 actions for 66 sites. Some of these actions have progressed to design or implementation. Most remedies for these sites include dredging and excavation (84 percent), 48 percent include residual caps, and 29 percent include engineered caps designed to isolate contaminants from the waterway. A quarter of the Tier 1 sites include MNR and 18 percent include EMNR.

The U.S. EPA analyzed the contaminants of concern (COCs) addressed by sediment remedies in recent decision documents.  Over three-quarters of these documents include metals. PCBs and PAHs are the next most frequent categories of COCs with 44 percent each, as seen in the Figure below.

Figure 1: Detailed COCs in Decision Documents with Sediment Remedies

Groundwater Remedies

For the 160 groundwater decision documents signed in FYs 2012 to 2014, the groundwater remedies continue to be primarily a mix of in situ treatment, pump and treat (P&T), and monitored natural attenuation; most also include ICs. The use of in situ groundwater treatment continues to rise and is now selected in over half of groundwater decision documents. Of these, bioremediation and chemical treatment remain the most frequently selected. The majority of in situ bioremediation remedies specify anaerobic bioremediation, and more than half of chemical treatment remedies specify in situ chemical oxidation. The selection of P&T in groundwater decision documents has decreased significantly since the early 1990s and reached its lowest, 17 percent, in FY 2014. Containment technologies (vertical engineered barriers such as slurry walls) were selected at a few sites. By far, halogenated VOCs (primarily chlorinated VOCs) are the most common type of groundwater COC, addressed in 72 percent of recent groundwater decision documents.

Table 2. Summary of Groundwater and Vapor Intrusion Remedy Categories

Groundwater
In situ treatment
• Treatment of groundwater in place without extraction from an aquifer

• Examples include in situ chemical oxidation and in situ bioremediation

Pump and treat (P&T)
• Pumping of groundwater from a well or trench, followed by aboveground treatment

• Examples of aboveground treatment include air stripping and granular activated carbon

Monitored natural attenuation (MNA)
• Reliance on natural attenuation processes

• Natural attenuation processes may include physical, chemical, and biological processes

Containment
• Containment of groundwater using a vertical, engineered, subsurface, impermeable barrier
Institutional controls
• Examples include drilling restrictions and water supply use restrictions
Alternative water supply
• Examples include installing new water supply wells, providing bottled water or extending a municipal water supply
Other
• Groundwater remedies that do not fall into the categories of in situ treatment, P&T, MNA, containment, institutional controls, or alternative water supply

• Examples include drainage/erosion control and wetlands restoration

Vapor intrusion
Mitigation
• Mitigation of soil gas or indoor air to reduce exposure to vapor contamination in buildings

• Examples include active depressurization technologies and passive barriers

Institutional controls
• Examples include land use restrictions and vapor intrusion mitigation for new buildings

Vapor Intrusion Remedies

EPA selected vapor intrusion mitigation for existing structures in nine of the recent decision documents, and ICs for either existing structures or future construction in 34 of these documents. Some ICs restrict the future use of structures to avoid vapor intrusion exposure and others require the installation of mitigation systems as part of future construction. Active depressurization was the most common mitigation method specified, followed by passive barriers and subslab ventilation systems.

Combined and Optimized Remedies

In this report, the U.S. EPA also discusses the use of combined remedies and optimization reviews. The combined remedy highlights provide examples of recent decision documents where remedies are combined spatially or in sequence. The optimization highlights provide examples of how optimization efforts have informed remedy decisions in recent decision documents.

The remedy and site information provided in this report can help identify program needs for expanded technical information and support. For example, growing use of in situ groundwater technologies suggests the need for additional knowledge and support associated with those technologies. This analysis also provides information of value to stakeholders including technology developers; consulting and engineering firms; and federal, state, and tribal remediation professionals. In particular, developers and service providers can gain insight into the demand for specific remedial technologies.

 Conclusions

The analysis of most recent Superfund decision documents shows continued selection of a full range of treatment, containment, and disposal technologies and approaches for both source material and groundwater. Selection of some remedies is increasing in frequency (such as in situ groundwater technologies), while others are decreasing (such as pump-and-treat). Remedial approaches, including in situ bioremediation, are often combined in time or space to address different areas of the site or applied sequentially. Remedy optimization and reevaluation has resulted in changes to previously selected or implemented cleanup approaches. Overall, most Superfund sites contain different types of COCs: more than half of sites with remedies address VOCs, SVOCs, and metals/metalloids, and almost a quarter of sites address two of these groups.

 

 

Key Developments in Environmental Law in Canada from 2017

A book on the developments in environmental law in Canada during 2017 was recently published by Thomson Reuters.  Edited by Stanley D. Berger of Fogler Rubinoff LLP, the book includes a number of interesting chapters related to contaminated sites and the issues raised in the Midwest Properties Ltd. v. Thordarson (“Midwest”) court case.  The Midwest case is part of a possible trend in Canada toward awarding damages based on restoration costs rather than diminution in value.  If nothing, else the Midwest Case has introduced uncertainty to the law of damages in contaminated sites cases.

In the chapter written by Natalie Mullins, a litigation partner in the Advocacy and Environmental groups in the Toronto office of Gowling WLG, on the evolution and current state of law on damages in contaminated sites, she states that despite being explicit about awarding compensatory damages only under section 99 of the Alberta Environmental Protection Act (“EPA”) and not at common law, the Alberta Court of Appeal may have implied that restoration costs are the default measure of damages in contaminated sites cases.  She also explores some other critical issues that have arisen post-Midwest, such as:

  • Whether diminution in value is still relevant to the measure of damages;
  • What it means to “restore” a real property;
  • How the court can take a proactive role to ensure that awards made to benefit the environment actually meet that objective; and
  • How defence counsel might prevent similar awards in the future, and how plaintiff’s counsel might use the case to obtain significant damages for their clients.

An interesting point raised by Ms. Mullins in her contaminated sites chapter is that in recent court cases, highlighted with Midwest, court decisions may be paving the way for plaintiffs to recover very significant damage awards for the contaminated of their sites that grossly exceed their actual loss and, in certain circumstances, may be completely unwarranted.

Ms. Mullins questions if the Midwest decision has created the potential for litigants to profit off purchasing contaminated sites and for defendants to face double jeopardy following judgment at trial.

The book is available at online for $144 (Cdn.).