Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Michigan Hospital Enter into Consent Agreement

Written by Walter Wright, Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

The United States Environmental Protection Agency (“EPA”) and Spectrum Health Hospitals (“Spectrum”) entered into an October 29th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) hazardous waste regulations. See Docket No. RCRA-05-2021-0003.

The CAFO provides that Spectrum operates a facility (“Facility”) in Grand Rapids, Michigan.

The Facility is stated to include actions or processes causing the production of hazardous waste as that term is defined under 40 C.F.R. § 260.10. Therefore, Spectrum is stated to be a generator of hazardous waste under the relevant regulations.

The Facility is stated to have during the 2019 calendar year generated 1,000 kilograms or greater of hazardous waste, or generated 1 kilogram or greater of acute hazardous waste in some calendar months (qualifying it as a large quantity generator) which it shipped off-site to a treatment storage or disposal facility.

EPA is stated to have provided Spectrum the identification of potential RCRA violations. The Facility is stated to have engaged with EPA to expeditiously assess the matter and agrees to the entry of the CAFO.

The alleged violations include:

  • Notification of Change of Hazardous Waste Activity (failure to submit for the 2019 calendar year a notification of the change of the Facility’s type of hazardous waste activity to Large Quantity Generator status)
  • Annual Reporting (failure to prepare and submit a biennial report by March 1, 2020)

The CAFO requires that Spectrum file with the Michigan environmental agency an updated Notification of RCRA Subtitle C Activities and a Biennial Hazardous Waste Report covering the 2019 calendar year.

Spectrum neither admits nor denies the factual allegations in the CAFO.

A civil penalty of $11,471 is assessed.

A copy of the CAFO can be downloaded here.


About the Author

Walter Wright has more than 30 years of experience in environmental, energy (petroleum marketing), and water law.  His expertise includes counseling clients on issues involving environmental permits, compliance strategies, enforcement defense, property redevelopment issues, environmental impact statements, and procurement/management of water rights. He routinely advises developers, lenders, petroleum marketers, and others about effective strategies for structuring real estate and corporate transactions to address environmental financial risks.

Enhancing the simulation of real-life CBRN threats

Written by Steven Pike, Argon Electronics

Effective chemical, biological, radiological and nuclear (CBRN) threat detection relies on ensuring that response personnel are fully confident in the use of their operational equipment before they step foot into a real-life hazardous situation.

While essential knowledge can of course be gradually acquired through exposure to live incidents, the ability to handle vital CBRN detection equipment, and to interpret the readings that are obtained, is not something that can simply be ‘picked up on the job.’

What is crucial is that CBRN personnel are able to demonstrate proficiency in the detection and identification of the full spectrum of threats – from volatile organic compounds and toxic industrial chemicals (TICs) to chemical warfare agents (CWAs), biological warfare agents and combustible gases.

Much headway has been made in recent years in bringing together standardised suites of mission-specific CBRN technology such as the CBRN dismounted reconnaissance sets, kits and outfit (DR-SKO) systems created by Flir.

The DR-SKO programme, which first went into development in 2008, provides the US Army, Navy, Air Force, Marines and WMD Civil Support Teams with access to highly-advanced CBRN dismounted reconnaissance capability, aiding in the countering of both current and emerging CBRN threats.

What has also been recognised however, is that alongside the procurement of these powerful CBRN detection support systems there is the need for a rigorous and sustained foundation of training and instruction.

Realistic training for modern CBRN threats

A key priority of any CBRN training programme is to ensure that operators develop proficiency in using their operational equipment – be it in configuring the various modes of their detectors prior to deployment, or understanding the importance of managing their sieve-pack consumables and sieve-pack life indicator test protocol.

Equally, there is the need for trainees to understand and experience the factors that can impact on the effectiveness of CBRN detection – recognising for example how the use of personal protective equipment (PPE) can affect their physiological, psychological and sensory abilities during a live incident.

In addition, it is also important that they are adequately trained in the use of their decontamination equipment and in the various resources that they will need for the marking, sampling and reporting of CBRN threats.

The ongoing challenge for instructors is to expose their trainees to the full range of potential CBRN threats in a way that is safe, realistic and easily repeatable.

Safe and repeatable CBRN training

Live training exercises can offer an invaluable opportunity for hands-on experience of chemical warfare agents and radiological hazards in an environment that is as near to actual life as possible.

But such training exercises can also have their limitations. Safety considerations mean there will be necessary restrictions on the quantities of CWA substances that can be used or the level of radiological source activity that can be employed – all of which in turn can dilute the effectiveness of the reading-related, decision-making experience for trainees.

Live exercises can also represent a significant expense for organisations. Choosing to use actual detectors carries with it a certain degree of risk in terms of compromising the operational readiness of that equipment and isn’t generally the most practical setting in which to train personnel in the use of their actual detector equipment.

Taking control of CBRN scenarios

Increasingly CBRN instructors are turning to the use of CBRN simulator training systems in order to provide personnel with a way to train in the use of their actual operational systems.

Simulators offer several benefits – improving trainees’ proficiency in the use of their equipment, enabling instructors to ensure that all actions have been correctly performed, and avoiding the risk of expensive damage to operational detectors.

Crucially too, simulators provide the opportunity for trainees to familiarise with their detection systems in realistic environments where mistakes can be safely made and where the parameters of training exercises can be tightly controlled.

Successful hazard identification and management relies on robust operational capability.

While a substantial amount of money is often  spent on sophisticated CBRN-specific detection equipment it is also vital that these resources are put to best use by investing in the right training tools.

Procuring the latest detector equipment is just the first step.

What is also essential is that these valuable assets are supported by a rigorous programme of instruction that thoroughly tests trainees’ practical knowledge and strengthens their operational skill.


About the Author

Steven Pike is the Founder and Managing Director of Argon Electronics, a leader in the development and manufacture of Chemical, Biological, Radiological and Nuclear (CBRN) and hazardous material (HazMat) detector simulators. He is interested in liaising with CBRN professionals and detector manufacturers to develop training simulators as well as CBRN trainers and exercise planners to enhance their capability and improve the quality of CBRN and Hazmat training.

How CBRN training programmes can benefit from lessons learned

Written by Bryan W Sommers, Argon Electronics

As major incidents such as the 2018 Novichok nerve agent poisoning in Salisbury have demonstrated, Chemical, Biological, Radiological and Nuclear (CBRN) emergencies can push national and international response capabilities to their very limits.

Conversely though, these types of challenging CBRN events can also provide a powerful learning opportunity by highlighting the core skills, resources and training that most effectively support and underpin emergency response.

Salisbury poisonings prompt chemical attack questions

In an article published by the Association of the United States Army (AUSA), Retired Col. Liam Collins, former director of the Modern War Institute at West Point, explores some of the key lessons learned from the Salisbury nerve agent attack.

He also discusses how this knowledge might best be applied in order to strengthen military readiness in the chemical environment, to identify readiness shortfalls and to improve proficiency.

Among Collins’ key observations is the importance of increasing the focus on CBRN training within the military operational force.

In particular, he emphasises the value of staging “operational-level war games” that incorporate not just disaster response but the full spectrum of CBRN operations.

Combat operations in a CBRN environment

As commander of a Special Forces detachment in the 1990s, Collins says, he routinely conducted close-quarters battle training with live ammunition while wearing protective masks and, on occasion, with full protective equipment.

But with the decision to minimise CBRN training during the wars in Iraq and Afghanistan, he believes the Army’s expertise in the CBRN environment underwent a period of “atrophy.”

The challenge now, says Collins, is to refocus military efforts on the conducting of combat operations in a CBRN environment, including decontamination training.

He also emphasises the importance of having access to sufficient stocks of equipment and PPE is vital in ensuring that personnel are able to operate for extended periods of time in environmentally challenging conditions.

“Taking a timeout, unfortunately, is not an option in a true chemical environment,” he says, “(and) even the most mundane of tasks can pose severe challenges.”

A joint-agency approach to CBRN response

Another factor that the Salisbury attack highlights is the diverse variety of individuals and teams that can be called on to respond to a CBRN emergency – from police, ambulance, the fire service and the military to healthcare organisations, crisis management institutions and detection/verification specialists.

How well these different groups are able to work with and alongside each other can be a hugely significant factor in the effectiveness of emergency response.

What is important is that CBRN training offers a sufficient degree of flexibility and adaptability in order to accommodate individual learning outcomes and to acknowledge differences in emergency management structures.

Enhancing CBRN training with real-world capability

Realistic exercises can provide an invaluable training ground for testing the effectiveness of response to a CBRN incident.

Through the provision of realistic scenarios there is the opportunity for personnel to hone their practical skills, strengthen their knowledge and enhance their decision-making abilities within a safe, immersive and controlled environment.

Incorporating the use of simulator detector equipment into military CBRN training continues to provide instructors with a flexible, scaleable and safe training solution.

In addition there is now also the option to take realistic CBRN instruction to a new level through the use of new software that interacts directly with actual operational detector equipment.

With the introduction of the new Radiation Field Training Simulator (RaFTS) for example, there is the opportunity to extend CBRN training capability beyond the realm of radiological training to encompass a much wider variety of hazardous substances, even more complex virtual scenarios and multiple instrument types.

The security environment in which CBRN responders are required to operate is in a state of continuing evolution – fuelled in no small part by the growth of international free trade, increased cross-border movement, globalisation, fundamentalism and the information-sharing capabilities of the internet.

In this challenging and ever-changing CBRN environment, a commitment to hands-on, realistic training has a vital role to play in ensuring a common knowledge base, a minimum level of best practice and the highest possible standard of operational readiness.


About the Author

Sergeant Major Bryan W Sommers has forged a distinguished career in the fields of CBRNe and HazMat training. He recently retired after twenty-two years service in the US Army, with fourteen years spent operating specifically in Weapons of Mass Destruction (WMD) environments. In 2020 he was appointed as Argon Electronics’ North American business development manager.

Repurposing: Another Tool to address Alberta’s Backlog of inactive and abandoned oil and gas sites?

Written by David McGillivary, Lorne Rollheiser, and Natasha Tames, Gowling WLG

The current path to land use reclamation of legacy oil and gas sites in Alberta is often a long one, imposing specific requirements on regulatees during the suspension, abandonment, remediation and reclamation stages of the process.   Companies often hold wells in abandonment status to avoid or delay clean-up costs and many such companies are struggling financially.  Despite having undergone reform, this regime has resulted in approximately 97,000 inactive wells, 71,000 abandoned wells, and 2950 orphan wells.

However, there are potential land uses that should be considered in respect of assessing (or reassessing) the status of these wells and associated infrastructure within the reclamation process.  These new and emerging land uses may represent alternative solutions with a number of environmental and economic benefits.  Some potential land uses that may result from repurposing include:

  1. Geothermal power generation:

Thousands of the inactive and orphan wells in Alberta have been identified as having appropriate proximity to existing infrastructure and having heat properties that could be used in electricity generation, industrial heat, or as direct heat sources.  Progress in this industry continues to be made and momentum appears to be increasing with Alberta’s 7 October 2020 announcement of its intention to “clear hurdles to the development of clean geothermal energy”[1].

  1. Exploration and extraction of other substances (such as hydrogen, helium or lithium) using legacy oil and gas infrastructure:

Another alternative that may transform old wells from liabilities to productive assets is the combination of existing technologies in oil extraction that have been altered and applied to extract hydrogen in a near zero-emissions process.  As an example, Proton Technologies continues to develop its process for hydrogen production[2], a two-step process of heating the reservoir to create free hydrogen and extracting pure hydrogen gas.  Proton continues to test and refine its technologies and has described its patented combination of heating reservoirs with Oxinjection wells and harvesting the hydrogen with Hygeneration wells. Both types of wells adapt existing equipment to a new purpose.

Subject to the growth of the hydrogen economy, these technologies have the possibility of being quickly implemented utilizing existing infrastructure, minimizing land use burdens.

  1. Carbon Capture and Storage (“CCS”):

Inactive or abandoned wells and associated infrastructure may also be repurposed to assist with carbon emission reductions through the application of CCS technology. The use of wellsites (with the appropriate technical alterations) for CCS is appealing as another tool to assist in confronting climate change. However, repurposing wellsites for CCS presents certain risks and repurposing activities are likely to be carefully scrutinized on a case-by-case basis to minimize risks and to ensure the integrity of a potential storage reservoir.

The increased use of CCS in Alberta also gives rise to potential spinoff commercial opportunities for the use and marketing of carbon dioxide as a commodity.  Carbon dioxide has some potential for use and marketability in support of climate change goals including through the displacing of products with higher life cycle emissions or in connection with products that have a permanent carbon retention component. [3]

  1. Production of biogas/upgrading into renewable natural gas for distribution through existing pipeline networks or for power generation:

The production of biogas, which may then be modified to produce renewable natural gas (“RNG”), represents a further opportunity for the repurposing of inactive or abandoned oil and gas sites and associated infrastructure.  Biogas primarily consists of methane (~60%) and carbon dioxide (~29%) and arises from the breakdown of organic matter generated from agriculture, forestry, landfill, or wastewater operations in an oxygen starved environment. This process is often done through use of an anaerobic digestor or by thermochemical means such as gasification. Biogas has a number of practical and commercial uses, including as a fuel source for farming operations and as a feedstock for power generation.  Upgrading biogas to RNG (i.e. increasing the methane content to 95-99%) results in a renewable equivalent to conventional natural gas.  RNG produced from biogas can be comingled with conventional natural gas, shipped, and stored using existing conventional natural gas infrastructure, often requiring few to no alterations.

Conclusion

The above options for land repurposing each give rise to potential environmental and economic benefits. From an environmental perspective, each is consistent with public policy objectives for the reduction of GHGs, advancing energy transition and decarbonization, and reducing the need to utilize undisturbed or valuable agricultural land for future development while awaiting regulatory closure on legacy oil and gas sites with uncertain timelines. Economically, repurposing turns a long-standing liability into an asset, supports economic diversification, and creates opportunity for collaboration and growth across a number of different industries and sectors.

However, each of the land uses discussed for site repurposing also entails certain risks from the application of new or emerging technologies to existing, aging infrastructure. Furthermore, the use of sites that are not fully reclaimed brings the prospect of unknown or lingering environmental issues.  Broad acceptance and investment in repurposing as an alternative to standard reclamation processes likely requires further dialogue among industry (across multiple sectors), government, and thought leaders to determine how repurposing initiatives may proceed as an additional option for handling Alberta`s backlog of inactive and abandoned wellsites and associated infrastructure to environmental and economic advantage for the province and the country. Some issues that warrant additional consideration include:

  • With reforms to Alberta`s liability management framework underway, is there a willingness on the part of government and regulators to accept repurposing as an alternative to full fledged reclamation? If so, what requirements apply for a site to be considered eligible for repurposing? How is liability in such cases to be managed and allocated?
  • What, if any, legislative modernizations or reforms are warranted to facilitate repurposing of sites for the land uses discussed above? Considerations may include streamlining of regulatory requirements and oversight, site access issues, and development of royalty and rental regimes.
  • What, if any, financial incentives or funding opportunities are needed to make repurposing projects economical?

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

This article was republished with the permission of Gowling WLG.  It was originally posted on the JWN Energy website.

About the Authors

David McGillivary is an associate in Gowling WLG’s Advocacy Group. He focuses his practice on multiple facets of administrative law, with an emphasis on energy and environmental regulation, as well as Indigenous law.
Lorne Rollheiser is a partner at Gowling WLG and the head of the firm’s Oil and Gas Industry Group in Calgary, Alberta.
Natasha Tames is an associate in the Advocacy Department in Gowling WLG’s Calgary office. She practises in the areas of commercial litigation, insurance and professional liability.

Harnessing the power of reachback in radiological exercises

Written by Steven Pike, Argon Electronics

The use of accurate spectroscopy equipment is an essential factor in enabling emergency response teams, border control and law enforcement to quickly and efficiently screen, detect (and where possible identify) an unknown source of radiation.

Radiation-emitting materials can be broadly divided into several categories – encompassing what are known as naturally occurring radioactive materials (NORM); Special Nuclear Materials (SNM); medical radioactive isotopes (radiological materials used for the purposes of medical diagnosis or treatment) and industrial radioisotopes (used in a wide variety of industry applications from construction to mining).

Additionally too, there are illicit radioactive materials that exist outside of regulatory controls and that represent a major global threat.

While personnel will have a basic level of understanding in the use of their radiation detector systems, there can be situations in which they may require the assistance of more in-depth analysis in order to verify a threat, make sense of the data or decide on the best course of action.

The power of reachback for in-depth analysis

As modern-day radiological operations become more localised, more dynamic and less predictable in their nature, there is a growing demand for access to remote collaborative support such as that provided by reachback.

The primary purpose of any reachback programme is to provide expert off-site technical advice and adjudication that helps to strengthen and support the detection mission.

Simulator detector training systems are already highly regarded for the important role that they can play in ensuring that personnel are confident in the operation of their equipment, in interpreting the readings they obtain and in being able to relay vital information up the chain of command.

Until now however, the option of being able to exercise reachback in a training setting is something that has been unachievable using any existing form of simulated radiation technology.

These limitations have been addresses however, with the development and imminent commercialization of the Radiation Field Training Simulator (RaFTS).

Harnessing reachback capability with RaFTS

RaFTS is the culmination of an extensive collaboration between premier US research and development institution the Lawrence Livermore National Laboratory (LLNL) and UK simulator detector manufacturer Argon Electronics.

The RaFTS hardware comprises an externally mounted device that can be attached directly to any suitably adapted radiological detection system.

With the addition of a simple modification to the actual detector, it is then possible for that equipment to be safely used in a radiological training context by responding to totally safe simulated radiation sources.

The RaFTS technology is applicable to all types of handheld and mobile spectroscopic detection systems, as well as portal monitors and backpack detection equipment.

Realistic spectrometry-based radiation training

With the recent announcement of an exclusive commercialization and distribution agreement between LLNL and Argon Electronics, RaFTS is poised to provide substantial and unprecedented advancement in the delivery of realistic spectrometry-based radiation training.

From a radiation training perspective, there have always been inherent challenges in replicating the process of reachback in an exercise environment.

The game-changing nature of RaFTS’ architecture means it is now possible for organizations to apply their own sensitive scenario spectrum images during training exercises, and without the need to defer to any other party.

But perhaps most significant of all, the RaFTS technology is able to trigger the adapted detector to generate a high-fidelity spectra file that can be transferred in real time to an organization’s reachback centre, enabling that data to be analysed and fully integrated within a radiation training exercise.

Reachback has a crucial role to play in strengthening radiological detection capability, in informing technical and analytical decision-making and in aiding the integration of law enforcement, technical and scientific communities.

By harnessing the capability of RaFTS technology, radiological instructors now have the opportunity to integrate the power of reachback within their training scenarios, to provide even more more compelling and engaging learning experiences for their trainees.


About the Author

Steven Pike is the Founder and Managing Director of Argon Electronics, a leader in the development and manufacture of Chemical, Biological, Radiological and Nuclear (CBRN) and hazardous material (HazMat) detector simulators. He is interested in liaising with CBRN professionals and detector manufacturers to develop training simulators as well as CBRN trainers and exercise planners to enhance their capability and improve the quality of CBRN and Hazmat training.

Analysis of the Emergency Spill Response Market to 2026

According to a recent Emergency Spill Response Market research report prepared by Data Bridge Market Research, the global emergency spill response market is set to witness a substantial CAGR of 6.6% in the forecast period of 2019 to 2026. The report contains data of the base year 2018 and historic year 2017. This rise in the market can be attributed due to increasing environmental regulations across the world as well as increase in the global trade.

The Emergency Spill Response Market report comprises of detailed market segmentation, systematic analysis of major market players, trends in consumer and supply chain dynamics, and insights about new geographical markets.

Few of the major competitors currently working in global emergency spill response market are Adler & Allen, Clean Harbors Inc., Desmi A/S, Elastec, Marine Well Containment Company, Oil Spill Response Limited, Polyeco Group, US Ecology Inc., Veolia, Vikoma International Ltd, NRC Group, Briggs Marine & Environmental Services, AM Environmental, Lamor Corporation Ab., Blue Ocean Tackle, SkimOil, Fender & Spill Response Service LLC, American Green Ventures (US) Inc., Expandi Systems, Darcy Spillcare Manufacturer, Tomlinson Group, First Call Environmental and others.

Market Definition: Global Emergency Spill Response Market

Emergency spill response is the occurrence and release of the hazardous chemicals or waste that needs intercession of spill cleanup expert to contain and to eliminate the spilled material securely. Every spill should be estimate to detect whether it has crossed that threshold further which any cleanup is required by trained professional. The potential for chemical spills exists anywhere as these materials are used as well as transported through which the chemical spill may harm the employees, customers and general public.

Market Drivers:

  • Stringent environmental regulations across world to reduce the environmental pollution from spill will drive this market
  • With increase in the global trades around the world is driving the market growth
  • Growing awareness due to the effects of the spills on environment will drive the market
  • Increasing demand for mechanical recovery methods for spill recovery will propel the growth of the market

Market Restraints:

  • Decline in the large spills across the world will hinder the growth of the market
  • Strict compliance and regulations by the government for the companies is hampering the market growth

4 ways simulator technology can aid CBRN training

Written by Bryan W Sommers – SGM U.S. Army, Ret., Argon Electronics

A commitment to ongoing education and training is a vital factor in ensuring that military personnel are prepared and equipped for the full spectrum of combat operations that they may encounter.

The U.S. Marine Corps’ individual training standards focus on marines’ competence in recognizing chemical, biological, radiological, and nuclear (CBRN)-related incidents and in taking the required protective measures to achieve their mission objectives.

Key training goals include: being able to recognise CBRN hazards or attack indicators; the checking, donning and doffing of personal protective equipment (PPE); recognizing CBRN alarms, markers and signals; employing detection equipment and relaying CBRN signals, alarms and reports.

Typically this training will comprise a combination of classroom, teaching, practical application and/or field training as appropriate.

The challenging nature of many CBRN environments however can often difficult, or in many cases impossible, to successfully replicate using traditional training methods.

Over the past decade there has been increasing recognition of the potential of live simulations and simulator training in being able to plug this crucial training gap.

While the laptop based Deployable Virtual Training Environment (DVTE) simulator has been a staple of the Marine Corps’ training programme for more than a decade, the integration of CBRN-specific simulator training is still a relatively new area.

But it is one that offers many opportunities.

In this article we examine four of the primary benefits of integrating an element of simulator-based training into an existing CBRN programme of instruction.

1. Enhanced realism

A key benefit of utilising simulator detector technology is the enhanced degree of realism and authenticity that it provides.

With the help of simulators, it is possible to place Marines in life-like scenarios that mirror the hazards of real events – but where there is zero risk of harm.

The use of simulator detectors also enables trainees to experience for themselves those extreme incidents that never occur outside of normal use.

Recreating the presence of a blood agent for example, is something that is otherwise impossible to achieve using traditional training methods.

With the use of a simulator however, trainees are able to see and hear for themselves exactly how their actual detectors will react in response to a real blood agent.

2. Increased trainee empowerment

A secondary benefit is the extent to which greater responsibility for training and learning can be handed over to the trainees.

Simulator detectors enable more of the decision-making to be placed in the hands of the students, removing the necessity for the instructor to have to drip-feed information to his or her students.

In shifting the onus onto the trainee there is more opportunity for them to make sense of the information they receive and to formulate appropriate responses based on that information.

3. Trust in the functionality of equipment

Simulators can also be invaluable in enabling trainees to receive realistic feedback and establish greater trust in their real-world systems.

In training with a simulator that mirrors every aspect of their real device – from the weight of the detector, to the position of the buttons, to the sound of the alarms – students are able to better rely on themselves and on the functionality of their equipment.

3. A better learning experience

Simulator-based training provides trainers with the capability to have eyes on all aspects of the training process, and for all errors to recorded even if they may not spot those errors themselves.

This information can then provide a valuable learning point when it comes to post-exercise evaluation.

Crucially too, the use of simulator detector equipment provides CBRN trainees with the freedom to not only be able to safely make mistakes, but to recognise when they make those mistakes and to adapt their actions accordingly.

The growing interest in CBRN technologies

The U.S. Marine Corps is committed to “innovation, education enhancement and investment in the resources, and technologies that facilitate learning.”

Those investments, it says, include the continued modernisation of its “training ranges, training devices, and infrastructure,” as well as the leveraging of “advanced technologies and simulation systems to create realistic, fully immersive training environments.”

The ability to achieve objectives and maintain freedom of action in a CBRN environment are vital factors in achieving mission success.

As the diversity, complexity and unpredictability of CBRN incidents continues to grow, the interest and investment in simulator technologies is only likely to increase as more organisations recognise their value in improving safety, heightening realism and enhancing learning outcomes.


About the Author

Sergeant Major Bryan W Sommers has forged a distinguished career in the fields of CBRNe and HazMat training. He recently retired after twenty-two years service in the US Army, with fourteen years spent operating specifically in Weapons of Mass Destruction (WMD) environments. In 2020 he was appointed as Argon Electronics’ North American business development manager.

Mesothelioma Awareness Day: How Asbestos Continues to Impact Our Health

This year is the 17th anniversary of Mesothelioma Awareness Day. Recognized on September 26th, awareness is brought to this rare cancer that is diagnosed in roughly 3,000 new patients in the United States annually. What many do not know is that the only known cause of mesothelioma cancer is exposure to asbestos. Asbestos is a naturally occurring mineral that was used in a variety of different industries, but most commonly in construction. Unfortunately, asbestos continues to wreak havoc on homeowners and those who work in professions with heightened exposure. Part of spreading awareness is understanding the dangers of this carcinogen, how to prevent exposure, and ultimately, how we can make mesothelioma a disease of the past.

Asbestos Usage In Buildings And Homes

The height of asbestos usage in the United States was between the 1920s and 1980s. Not only was this mineral cheap, but it was unmatched when it came to sound absorption and heat resistance. This made it one of the best additives for building materials, as it would slow the progression of a fire if it were to occur. Insulation, vinyl floors, roofing tiles, heating ducts, plaster and permaboard are just some of the many materials asbestos was incorporated into. If you live in a home or building built prior to the 1980s, there is a high likelihood that it harbors some form of asbestos-containing materials (ACMs).

The real danger occurs when these ACMs begin to degrade and become brittle. When ACMs become damaged, they can release microscopic asbestos fibers into the air, where they can then enter your body and cause damage to internal organs. To avoid this, ACMs should be removed and replaced with a green alternative by EPA-certified professionals. In order to know if your residence contains asbestos, you will need to get suspected materials tested first. Once it is known how widespread the issue is throughout your home, the cost will be assessed for the abatement. Removing ACMs can range anywhere from $500 to $5,000 on average, which can be daunting. However, having the peace of mind that you and your family are safer because of it is worth every penny.

Mesothelioma Cancer

When asbestos fibers are inhaled or ingested, they can cling to the linings of our internal organs, such as the lungs, heart or stomach. Once embedded into our organs, these fibers cause scarring and damage, leading to the development of tumors over the next 10 to 50 years. Symptoms do not arise until a later stage of life, with the target demographic being 65 years of age and older. Some of the most common symptoms are coughing, chest pain, night sweats, trouble breathing and weight loss. Mesothelioma is most commonly diagnosed in the lungs, accounting for 80 to 90% of all cases. It is important to note that mesothelioma is one of the only non-genetic cancers to exist, meaning that it can almost wholly be avoided if we are vigilant about limiting exposure.

Known as the “third wave,” we are now seeing exposure occur in people outside of those who worked with this carcinogen or dealt with it on a daily basis, such as in a factory setting. People renovating homes or in fields such as construction or engineering are unknowingly exposing themselves. Employers and employees alike need to not only become educated about this dangerous carcinogen, but should also be supplied with the best personal protective equipment (PPE), as to limit the chances of being exposed on the job. This means protection such as protective disposable clothing, face masks with filters and eye protection. We can greatly reduce instances of exposure if we are aware of the threats of asbestos and use safety protocol to our advantage.

Spreading Awareness

If you have loved ones that work in a high-risk occupation, share this information with them and be sure they are utilizing PPE. If you plan on renovating an older home, have certain materials tested before you start breaking down walls and ripping out insulation. With the right measures in place, we will begin to see mesothelioma diagnosed less and less, but we must continue to spread awareness about asbestos in order for this to occur.

 

Update On Site Rehabilitation Programs In Alberta, British Columbia And Saskatchewan

Written by Anna Fitz and JoAnn Jamieson, McLennan Ross LLP

On April 17, 2020, the federal government announced $1.7 billion in funding to clean up oil and gas sites in Alberta, British Columbia, and Saskatchewan. The goal of the federal funding was to create immediate jobs in the three provinces while helping companies avoid bankruptcy during the COVID-19 pandemic.

All three provinces were quick to announce programs in the hopes of creating jobs and getting people back to work. This article provides an update on the programs in each province.

Alberta

Alberta received $1.2 billion, the bulk of the federal funding. On April 24, 2020, the Government of Alberta announced its “Site Rehabilitation Program,” which provides up to $1 billion in grants to oil field service contractors to perform well, pipeline, and oil and gas site closure and reclamation work.

The goals of the program are to:

  • immediately get Alberta’s specialized oil field workforce back to work,
  • accelerate site abandonment and closure efforts, and
  • quickly complete a high volume of environmentally-significant work.

Inactive oil and gas sites may be nominated by landowners and Indigenous communities. Landowners can nominate inactive sites by emailing the required information (including the legal description of the land, landowners on the land title, and contact information) to the government. Indigenous communities can also nominate inactive sites by email; required information includes the name of the First Nation or Métis settlement, the legal description of the site, and the licensee information sign at the site. A detailed overview of the nomination process can be found here.

In order to be eligible for funding to do the work, service contractors must be located in Alberta and must offer jobs to Albertans. Eligible work includes closure on inactive wells and pipelines, Phases 1 and 2 environmental Site Assessments, remediation, and reclamation. Interested parties can apply on the Site Rehabilitation Program website.

The Alberta government will provide funding for the Site Rehabilitation Program in multiple increments. The first increment, which has now ended, reportedly received significant interest. The second increment is currently on-going, and will close for applications on June 18, 2020. Third and later increments will also become available.

In addition to the Site Rehabilitation Program, the government of Canada has extended a $200 million repayable loan to the existing Orphan Well Association (“OWA”). Under the OWA, an orphan site is “a well, pipeline, facility or associated site that does not have a legally responsible and/or financially viable party to deal with its decommissioning and reclamation responsibilities.”

The OWA has a procurement process through which it selects from a list of prime contractors, who are then normally responsible for choosing their own subcontractors. However, with the new federal funding, the OWA is planning to collaborate with its prime contractors to select subcontractors (interested parties will be able to apply) for the additional work. The OWA anticipates allocating the new funding through a “staged process.” After further planning, OWA will be providing information about the process on its website.

British Columbia

On May 13, 2020, the Government of British Columbia (“BC”) announced its “Dormant Sites Reclamation Program” with which it is channeling its $100 million in federal funding toward cleaning up dormant sites. In BC, well sites are deemed “dormant” if they do not reach a threshold of activity for five years consecutively, or if they have failed to produce for at least 720 hours yearly.

The program is specifically for B.C. companies and contractors with experience in environmental contracting and/or oil and gas infrastructure abandonment. Applicants must have a valid contract with a BC-based oil and gas activity permit holder for a dormant site.

Eligible applicants can apply online, where the information they will need to provide includes the company details, permit holder name, well authorization number, and estimated cost of each work component.

The B.C. government will provide its funding in two increments, the first from May 25, 2020 to October 31, 2020. Funding for this first increment is up to $50 million. The second increment will commence on November 1, 2020 and run to May 31, 2021.

In both funding increments, the B.C. government will provide financial contribution up to 50% of the total estimated or actual costs (whichever is less), up to a total of $100,000 per application and per closure activity. The program has already received significant interest; in a news release, the province noted it received over 1,100 applications on the first day, which means the program was nearly fully subscribed.

B.C. landowners, local governments, and Indigenous communities can nominate dormant oil or gas sites on their land through an online process beginning June 15, 2020. The BC government noted that such nominations will be a priority in the second increment of funding.

Saskatchewan

On May 22, 2020, the Government of Saskatchewan initiated the “Accelerated Site Closure Program” (“ASCP”). Through this program, the Ministry of Energy and Resources will manage $400 million from the federal government for the abandonment and reclamation of inactive oil and gas wells and facilities.

The ASCP involves multiple phases, the first for up to $100 million (the future funding and applicable phases have not yet been announced). In order to be eligible, licensees must be in good standing regarding debts owed to the Crown as of March 1, 2020 (e.g. the Oil and Gas Administrative Levy, the Orphan Well Levy, etc.). Eligible licensees will receive a minimum of $50,000 toward their abandonment and reclamation projects.

The program provides that licensees nominate their wells and facilities through the IRIS system (Integrated Resource Information System). Service companies, interested in performing the work, must apply through SaskTenders beginning in the first week of June 2020. Further details on the application process, and who to contact with questions, can be found in the following bulletin.

The Saskatchewan government anticipates that up to 8,000 wells and facilities will be abandoned and reclaimed through the ASCP, which in turn will support approximately 2,100 full-time jobs. Saskatchewan plans to develop an Indigenous procurement strategy further into the program.

The first phase of the ASCP is now complete, and eligible licensees have received notice of their allocation.

Moving Forward

The federal funding is a welcome boost to cleaning up inactive oil and gas sites in Western Canada. This is a significant step to subsidize old, inactive sites and lower the associated environmental risks. As the three programs also create jobs and contracting opportunities for local parties, the federal funding appears to be a big win for both the energy industry and the environment in all three provinces during these difficult times.

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.


About the Authors

JoAnn P. Jamieson’s practice is dedicated to environmental, regulatory and Aboriginal law matters. With over 20 years of experience, she has worked on major resource development throughout western and northern Canada including oil sands, oil and gas, coalbed methane, pipelines, co-generation, hydro, petrochemical, diamond and uranium mining, in situ coal gasification, power, renewables and clean energy technology. JoAnn has extensive experience in environmental impact assessment, land and water regulation, municipal planning, climate change, species at risk, corporate social responsibility and regulatory compliance issues.

Anna Fitz is a student-at-law in the Edmonton office of McLennan Ross LLP.  Anna completed her Juris Doctor at the University of Ottawa, where she graduated cum laude. She also received her Bachelor of Arts in English Literature at McGill University and graduated with distinction.

Nominations for the 2020 Canadian Brownie Awards Are Now Open

The Canadian Brownfields Network (CBN) Brownie Awards are given to recognize excellence in brownfield remediation and reuse. They are presented in six categories for projects/programs and one category for individual achievement. All project/program nominations are eligible for consideration as Best Overall Project and, depending on their size/scope, for either Best Large or Best Small Project. Information on the award categories is available at https://canadianbrownfieldsnetwork.ca/brownfield-awards/brownies.

 

There is no charge to submit a nomination, and there is no requirement that anyone involved with the project be a CBN member. Additional information on the nomination and judging process is available on the FAQ page at https://canadianbrownfieldsnetwork.ca/brownfield-awards/brownies/brownies-faq.

Starting with last year’s Brownies, CBN introduced a two-stage nomination process. The first stage involves submission of a simplified nomination form. These will be reviewed by our judging panel and finalists in each category will be invited to submit a more detailed nomination. Key dates are:

Nominations open Now
Short-form nominations due September 18
Finalists selected September 25
Detailed nominations due October 14
Awards Gala November 24

For ideas on what makes a winning project, please see:

For questions with regards to the awards process, please contact CBN Past President Grant Walsom by email at [email protected] or by phone at 519-741-5774 ext. 7246.