Emergency Preparedness and Prevention under the U.S. Hazardous Waste Generator Improvements Rule

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Written by Ryan W. Trail, Williams Mullen

Generators of hazardous waste have long understood the importance of emergency preparedness and prevention to regulatory compliance and facility safety.  Contingency planning and coordination with emergency service providers have been requirements of United States Resource Conservation and Recovery Act (RCRA) regulations for many years.  For states that have adopted the Hazardous Waste Generator Improvements Rule (HWGIR), however, new and more stringent requirements for emergency preparedness and prevention now apply.  These states include Virginia, North Carolina and South Carolina, as well as 28 other states.  All authorized states are required to adopt most aspects of the HWGIR, including those aspects discussed below, but many have not yet done so.

Under the old regulations, generators of hazardous waste (both small and large quantity) had to make arrangements with local emergency response entities, which may be called upon in the event of a release, fire, or explosion involving hazardous waste at the facility.  Facilities were required to make the emergency responders familiar with the layout of the site, the risks associated with the type(s) of hazardous waste onsite, the locations where employees would likely be throughout the site, and possible evacuation routes.  While not specified in the regulations, many facilities accomplished this by inviting local emergency response personnel to tour the facility.

Under the HWGIR, generators must still make arrangements with emergency response personnel. However, the associated recordkeeping requirements have changed.  Previously, there was no affirmative duty to document the arrangements.  Generators who were unable to make the necessary arrangements were required to document this shortcoming, but otherwise no recordkeeping obligation existed.  The HWGIR added a requirement that the generator must keep documentation of the fact that it made arrangements with local emergency responders.  The arrangements must be noted in the facility’s operating record.

Hazardous waste contingency plans are another essential element of emergency preparedness and prevention under both the prior regulations and the HWGIR.  A contingency plan ensures facility and emergency response personnel have complete and accurate information to respond safely and efficiently to an emergency involving hazardous waste.

The HWGIR created new obligations for facilities with hazardous waste continency plans.  One significant update is the requirement to produce a Quick Reference Guide as part of the contingency plan.  The Quick Reference Guide is intended to summarize the broader contingency plan and must include eight elements essential for local responders when an emergency occurs:

  1. Types/names of hazardous wastes and the hazard associated with each;
  2. Estimated maximum amount of each hazardous waste that may be present;
  3. Identification of hazardous wastes where exposure would require unique or special medical treatment;
  4. Map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes;
  5. Street map of the facility in relation to surrounding businesses, schools and residential areas for evacuation purposes;
  6. Locations of water supply (e.g., fire hydrant and its flow rate);
  7. Identification of on-site notification systems (e.g., fire alarm, smoke alarms); and
  8. Name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is on duty continuously, the emergency telephone number for the emergency coordinator.

A facility that became a large quantity generator after the date the HWGIR became effective in its state must submit a Quick Reference Guide of its contingency plan to local emergency responders at the time it becomes a large quantity generator.  However, for large quantity generators in existence on the effective date of the HWGIR in their state, the Quick Reference Guide need only be submitted when the contingency plan is next amended.  A facility is required to amend its contingency plan if any of the following occur:

  • Applicable regulations are revised;
  • The plan fails in an emergency;
  • The facility changes—in its design, construction, operation, maintenance, or other circumstances—in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
  • The list of emergency coordinators changes; or
  • The list of emergency equipment changes.

Violations for inaccurate, incomplete or deficient hazardous waste contingency plans are common among RCRA enforcement actions.  With the HWGIR now in effect in many states, facilities may soon be amending their contingency plans.  New requirements for documenting arrangements with emergency responders and creating and maintaining a Quick Reference Guide could easily be overlooked.  It is important for hazardous waste generators to review emergency preparedness and prevention requirements of the HWGIR carefully to ensure continued compliance.

Hazardous Waste Generator Improvements Rule, 81 Fed. Reg. 85732 (Nov. 28, 2016)

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About the Author

Ryan Trail represents companies facing complex environmental regulatory issues in the industrial, manufacturing, real estate and banking industries. He helps companies maintain compliance with constantly evolving environmental laws and regulations, and he counsels landowners, potential purchasers and lenders on environmental liabilities related to contaminated real estate. Ryan also helps clients obtain and comply with numerous environmental permits, including industrial wastewater discharge permits, stormwater permits and air permits.

$20 Million U.S. TSCA/Lead-Based Paint Penalty: Expensive Reminder to Manage and Audit Contractors’ Joint Regulatory Liabilities

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Written by Patrick Larkin and Maram T. Salaheldin  Clark Hill PLC 

Renovation of homes built before 1978 frequently disturbs lead-based paint (LBP) and poses significant health risks, particularly for children. For this reason, companies that perform or subcontract renovation services are required to provide very specific, written LBP warnings and education materials to residents. Failure to comply with these obligations can result in significant penalties for non-compliance. The U.S. Environmental Protection Agency (EPA) enforces these rules on all companies that “perform renovations for compensation.” This means that retail sellers of renovation products (e.g., windows or woodwork) can face EPA enforcement for noncompliance even where they subcontract installation to third parties.

On Dec. 17, 2020, U.S. EPA and the Department of Justice (DOJ) announced a nationwide settlement with Home Depot related to home renovations that occurred between 2013 and 2019. The settlement resolves alleged violations of the EPA’s Lead Renovation, Repair, and Painting (RRP) Rule involving renovations performed by Home Depot’s contractors across the country on homes built before 1978. EPA identified hundreds of instances in which Home Depot failed to contract renovations or repairs with certified contractors, as well as instances in which Home Depot failed to establish, retain, or provide the required documentation to demonstrate compliance with the RRP Rule.

EPA’s proposed settlement with Home Depot includes a $20.75 million penalty—the largest such penalty to-date under the Toxic Substances Control Act (TSCA).

Compliance Lessons

Companies in the construction industry and beyond can learn several significant lessons from the Home Depot violations, including the importance of:

  1. Understanding Your Liability: Businesses sub-contracting regulated activities to third parties are not necessarily insulated from liability. Here, since Home Depot contracted with customers and received compensation to perform renovations of pre-1978 housing, it remained liable under the RRP Rule, regardless of its use of subcontractors. Home Depot failed to actively assess and control risk from noncompliance by itself and its subcontractors, resulting in a significant penalty. Understanding your liability, particularly in the context of subcontracting, is an important step towards reducing enforcement exposure for your business.
  2. Being Proactive about Compliance: Another important step to reducing your enforcement exposure is implementing a compliance management system to identify potential issues before they become a problem. A strategic option to reduce such exposure can be the use of environmental self-audit/self-disclosure programs, such as EPA’s Audit Policy. The EPA Audit Policy allows companies to reduce or eliminate penalty exposure from noncompliance at their facilities. In addition, under the LBP Consolidated Enforcement Response and Penalty Policy, renovators may succeed in receiving gravity-based penalty reduction for any RRP Rule violations that qualify for such reduction under EPA’s Audit Policy. While navigating the EPA self-audit program can be challenging, the benefits can often be great for businesses. Small businesses and new business owners, in particular, may wish to take advantage of the tailored incentives potentially available to them, including the ability for new owners to enter into audit agreements with EPA to receive affirmative resolution and negotiated timelines for completing corrective actions.

About the Authors

Pat Larkin practices exclusively in environmental law at Clark Hill PLC, including regulatory compliance, litigation, administrative law, and environmental counseling in business transactions. Pat regularly represents industrial, transportation, real estate and retail clients in air, water and waste permitting, compliance counseling and audits, voluntary site cleanups, government enforcement actions, and in agency rulemaking and associated stakeholder and guidance writing work groups.

Maram Salaheldin is an Associate in Clark Hill’s Washington DC office in the Environment, Energy & Natural Resources group. Her practice focuses on providing environmental management and regulatory compliance support to U.S. and multinational clients, with an emphasis on risks and liabilities arising under environmental, health, and safety (EHS) laws, particularly with regard to solid and hazardous waste management, including transboundary movements under the Basel Convention.

Enhancing the simulation of real-life CBRN threats

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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

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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.

Who is causing mercury spills in Vancouver’s Stanley Park?

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For the third time in less than a month, a Hazmat Crew was dispatched to Vancouver’s Stanley Park to clean-up a mercury spill.  In each of the incidents, the cause of the spill is either a broken thermometer or broken thermostat.

In each incident, it took hazmat teams a couple of hours completely clean up the tiny droplets of metal.

Vancouver police are working with Fire officials to determine if the three incidents are related, who is responsible, and what is the possible motive.

Exposure to Mercury and Health Implications

Mercury is a naturally occurring toxic heavy metal that is widely dispersed in nature.  Most human exposure results from fish consumption or dental amalgam.  Exposure to high levels of mercury, including acute exposure (exposure occurring over a short period of time, often less than a day) can have serious health impacts.

Typical acute exposure to mercury occurs due to an industrial accident.  Factors that determine whether health effects occur and their severity include: the type of mercury concerned; the dose; the age or developmental stage of the person exposed; the duration of exposure; and the route of exposure (inhalation, ingestion or dermal contact).

Elemental and methylmercury are toxic to the central and peripheral nervous systems. The inhalation of mercury vapour can produce harmful effects on the nervous, digestive and immune systems, lungs and kidneys, and may be fatal.

Mercury Clean-up

There are several methods for cleaning up mercury spills.  One method involves sprinkling sulfur powder over the contaminated area and rubbing it gently all over the surface and into the cracks with a cloth. The sulfur powder binds with mercury and can be collected with a cloth.

Environment Canada has a guidance document on how to clean up small mercury spills.  The United States Environmental Protection Agency has a 133-page guidance document that describes eight different treatment technologies for mercury in soil, waste, and water.

 

Ontario: Discussion paper on modernizing hazardous waste reporting

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The Ontario Ministry of the Environment, Conservation and Parks (MECP) recently announced that it received 76 comments on its “Modernizing Hazardous Waste Reporting in Ontario” discussion paper.

The MECP made changes to the Resource Recovery and Circular Economy Act (RRCEA), and the Environmental Protection Act (EPA) in Fall 2019, which allow the RPRA to provide digital reporting services, fee setting and collection for a wider range of waste and resource recovery programs.

The MECP issued a written letter of direction instructing the RPRA to prepare to deliver a digital reporting service for the Hazardous Waste program. The new hazardous waste digital reporting service would align with the open for business red tape reduction strategy by making it easier for the regulated community to track and report on waste.

Comments contributed to the proposed regulatory amendments and new proposed regulation and the MECP will continue to consider these comments as they take steps to update the Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste and transition to the new digital reporting service.

Proposed Regulatory Changes

1. Amend Regulation 347 under the EPA to transition the delivery of hazardous waste digital reporting services to the RPRA

A. Transition delivery and operation of the hazardous waste digital reporting service

The MECP is proposing to amend Regulation 347 under the EPA to require the regulated community (including waste generators, carriers and receivers) to report waste management information to the RPRA instead of to the MECP, as they currently do. This would enable the RPRA to deliver and operate the hazardous waste digital reporting service, including collecting reports and fees from the regulated community.

B. Change registration and reporting requirements to support electronic service delivery

The amendments would also include changes to registration and reporting requirements to support a fully electronic reporting service. The new digital reporting service is intended to replace www.hwin.ca and paper document submissions.

Annual registration

The MECP is proposing to remove the annual registration renewal requirement (currently between January 1st to February 15th) and only collect information from generators at the time the business has a waste management activity to report (i.e. onsite storage/disposal/processing, or offsite movement of subject waste).

This would mean that businesses would complete an initial waste management activity report when they are reporting their first activity (using the new registry for the first time).

To ensure ongoing accuracy with facility, contact and payment information, the RPRA would require that businesses review and update their initially reported information when they are ready to report their first waste management activity after 365 days from the last time they reviewed and confirmed this information.

Reporting requirements

The MECP is proposing to amend Regulation 347 to provide more clarity about what waste management activities need to be reported to the RPRA and when they need to be reported. Reportable activities include both onsite and offsite management of subject waste and would remain the same. Reporting requirements for the Hazardous Waste program would be consolidated into one section.

The following activities would continue to be reportable waste management activities under the Hazardous Waste program:

  • Offsite management:
    • prior to completing the first off-site shipment of a subject waste
  • Onsite management:
    • within 90 days of generating and storing a subject waste where such waste is to be temporarily stored for more than 90 days and less than two years
    • prior to processing a subject waste onsite with the applicable Environmental Compliance Approval
    • prior to disposing of a subject waste onsite with the applicable approvals
    • prior to storing a subject waste for longer than two years with a valid Environmental Compliance Approval

Businesses that generate subject waste would be required to report their activities on, or prior to, the date that the activity takes place or within 90 days of generating or temporarily storing the subject waste if no other waste management activity has taken place. No generator of subject waste would be permitted to store subject waste for a period of greater than 90 days without reporting an activity to the RPRA. No generator would be permitted to manage such waste without reporting the activity to the RPRA.

In the near term, the ministry’s approach is to ensure that the proposed amendments would support the continued use of paper manifesting as an alternative to electronic reporting through the RPRA’s Registry, in a manner similar to that currently provided for under Regulation 347. Such reporting would continue to be provided directly to the ministry (director).

Report Completion

The MECP is proposing to amend Regulation 347 to clarify that reporting information would not be accepted in the new hazardous waste digital reporting service unless:

  • The entire waste management activity report is completed in a manner consistent with the requirements of the Regulation.
  • Any applicable fee payable by the generator is paid by or on behalf of the business.

This is intended to ensure that all members of the regulated community provide accurate information, on a timely basis and that they are paying for the subject waste that they generate in a timely manner.

Delegating Authority

The MECP is proposing that the new hazardous waste digital reporting service would allow delegates to register, report, and pay fees on behalf of generators. The generator would remain responsible for the subject waste that they generate and the information that is reported on their behalf. The RPRA would be responsible for ensuring confidential business information remains protected. The MECP is proposing to amend Regulation 347 to include a definition for ‘Delegate’ that would clarify this role.

The ability to delegate authority would provide flexibility for businesses (waste generators) to comply with the new hazardous waste digital reporting service, and ensure that the most accessible, knowledgeable and capable individuals are able to act on behalf of a business, should it be needed.

Paper-based reporting

The rules for paper-based reporting would remain the same in Regulation 347 because there is still a possibility that paper documents could be used in certain circumstances. In situations where paper manifests are used, businesses would continue to be required to ensure their manifest travels with the waste and applicable filing requirements are met with the ministry.

C. General housekeeping amendments to provide more clarity

The MECP is proposing to amend Regulation 347 to make various minor changes to provide more clarity and ensure consistency with other regulations.

Align with Federal regulatory phrases

Aligning with Federal regulatory phrases under the Transportation of Dangerous Goods Act(TDGA) would make it easier for businesses to learn and comply with both federal and provincial rules.

  • Align with the Federal phrasing in the TDGA by replacing “packaged” to “means of containment”.
  • The word “issued” should be removed when referencing TDGA manifests – because TDGA no longer “issues” manifests.
Definitions

Changes are needed to some existing definitions to provide more clarity for the regulated community.

  • The ‘field operation’ definition would be amended to clarify that specific medical clinics (blood donation/vaccinations and flu clinics) are included in the definition. This would reduce burden as these sites will not need to register and manifest at every site.
  • The ‘empty pesticide container’ definition would be updated to match the definition in Pesticides Act to help clarify and align with existing requirements.
  • The ‘reactive waste’ definition would be updated to correct a grammatical error and make it clear that the definition of reactive waste contains an independent list of criteria and not a multi-checklist of requirements. For example, if the waste meets any one criterion in the list, then it meets the reactive waste definition.
  • Both the ‘ignitable waste’ and ‘reactive waste’ definitions would be updated to align with the actual federal titles.

Some new definitions (i.e. RPRA, Registrar, Registry) would be needed so that the RPRA can deliver and operate the new hazardous waste digital reporting service. These definitions would have the same meaning as in the RRCEA. Other defined terms may also be required or desirable.

2. Create a new regulation under the RRCEA to carry over fee exemptions for certain activities related to hazardous waste – the RPRA would be required to consider the exemptions when setting program cost recovery fees.

The MECP is proposing a new regulation under the RRCEA that would carry over fee exemptions for certain activities related to hazardous waste from Regulation 347. The RPRA would be required to consider these exemptions, which would be based on the current exemptions when setting fees to recover the full cost of the Hazardous Waste program.

All fee setting references in Regulation 347 would be revoked when the new hazardous waste digital reporting service is implemented because the RPRA would have the responsibility to set and collect fees. The RPRA would be required to consult with stakeholders prior to establishing or amending fees for 45 days and post these fees on their website.

Read about and comment on the related proposed new regulation under the RRCEA.

Maintain government oversight for the hazardous waste program

Government would continue to play an important and on-going role in protecting the health and safety of the people of Ontario, and the environment. With respect to the Hazardous Waste program, the ministry would maintain compliance and enforcement, and program and policy oversight activities.

The RPRA would be responsible for operating the hazardous waste digital reporting service to ensure reports are complete and related fees are collected. The RPRA would also notify the ministry of any suspected non-compliant activities. All incidents of non-compliance with program requirements would continue to be followed-up on by the ministry.

The ministry would continue to ensure all generators, carriers, and receivers are complying with requirements under the EPA and Regulation 347 to safely store, transport, process, and manage subject waste in Ontario. The ministry would continue to do this by conducting compliance inspections and following up on reported incidents of improper management of waste. The ministry would also continue to enforce program requirements through investigations and prosecutions.

Benefits of the new digital reporting service

A new digital reporting service for the Hazardous Waste program, would make reporting simpler, faster and more cost-effective. This change would also help us to meet our goals to:

  • Go digital – Implementing a modern digital reporting service that replaces the existing paper-based manifest program would improve our existing service and knowledge base, making it easier to report activities related to subject waste (i.e. hazardous waste and liquid industrial waste as defined in Regulation 347).
  • Hold polluters accountable – Implementing a modern digital reporting service would allow for more effective and timely compliance monitoring and enforcement actions.

Improved electronic data tracking and reporting would provide the regulated community and the ministry with an important set of tools that reduce administrative burden, saving time and money. For example, the service would:

  • Reduce unnecessary manual data entry.
  • Reduce the amount of time and money businesses spend preparing and mailing paperwork to the ministry, correcting administrative errors on paper, or searching for missing paperwork.
  • Provide the ministry with more accurate and timely information to inform decision making and policy development.
  • Allow the ministry to focus on risk-based compliance and enforcement to ensure subject waste is appropriately managed.

This new hazardous waste digital reporting service would align with Ontario’s Digital Service mandate by eliminating outdated approaches to processes, such as reporting using the existing online system (i.e. Hazardous Waste Information Network – HWIN) and using the more burdensome paper-based submission processes (e.g. paper manifests) that prevent the delivery of people-centered services.

The new hazardous waste digital reporting service would align with the Made-in-Ontario Environment Plan by modernizing the way that the regulated community tracks and reports on subject waste (i.e. hazardous waste and liquid industrial waste as defined in Regulation 347 of the EPA). A better digital reporting service will enable more efficient and timely compliance monitoring and enforcement actions, which would provide assurance for Ontarians that polluters are held accountable, and subject waste is being appropriately and safely managed.

 

4 ways simulator technology can aid CBRN training

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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.

A guide to the four levels of Hazardous Materials (HazMat) response

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

Hazardous materials that are mishandled, incorrectly transported or used with malicious intent, can pose a substantial risk to human health and the environment.

How effectively hazardous materials (HazMat) incidents are managed and resolved hinges on the knowledge, training and skill of those charged with response.

In this article we examine the roles and responsibilities of the four HazMat response levels and we discuss how simulator detector technology can be used to enhance HazMat training outcomes.

Awareness Level

For responders working in awareness level roles, the chance of encountering the presence of a hazardous material in the course of their normal daily duties is relatively small.

In many cases though, it is awareness level personnel who will be “first on the scene” of a HazMat incident – and it is they who will be responsible for taking charge of the initial protective actions (isolating or evacuating the area, calling for specialist assistance etc) that will minimize the impact on people and the environment.

Among the expected competencies of an awareness level responder are:

  • An understanding of what hazardous materials are and the situations and locations in which they are most likely to be present
  • The ability to recognize markings, placards or labels that indicate the presence of hazardous materials
  • Familiarity with the documentation / resources used to identify hazardous materials (such as the Emergency Response Guidebook (ERG) or its equivalent)

Operations Level

Responders working at the operations level play a hands-on and defensive role in initial HazMat response.

It is expected however that they will do as much as is possible to mitigate the incident without having to set foot inside the Hot Zone.

The mission-specific responsibilities of operations level responders include:

  • Assisting in controlling, and minimizing the spread, of the HazMat release
  • Knowledge of defensive HazMat techniques such as absorption, damming, diverting, vapour dispersion and suppression
  • Experience in basic air monitoring
  • Technical and mass decontamination
  • Assisting with evacuation and victim rescue
  • The establishing of hazard zones
  • The preserving of evidence

Technician Level

Responders operating at technician level are highly specialized HazMat personnel who take an offensive-action role when responding to known or suspected releases of hazardous materials.

While HazMat technicians may not be expected to be experts in science, it is assumed that they will have a robust understanding of chemistry, biology and/or nuclear physics. Many also have a substantial CBRN training background.

A HazMat Technician’s primary responsibilities include:

  • The performing of advanced risk-based hazard assessments in order to analyse the scope of HazMat incidents
  • Experience in the selection and operation of advanced detection, monitoring and testing equipment
  • The ability to select and use specialized Personal Protective Equipment (PPE)
  • Selection of decontamination procedures and control equipment

Depending on their level of training and the scope of the incident, HazMat Technicians may also be required respond to specialized incidents involving flammable gases or flammable liquids and/or to have knowledge of radiological dosimetry and recording procedures.

Specialist Level

The Specialist responder is the highest level of responder for HazMat incidents, with an in-depth and highly advanced level of scientific knowledge.

In many cases they may be required to provide a more observational, trouble-shooting role – observing Technicians and watching out for potential complications. In other cases they may take a more hands-on approach, working alongside HazMat Technicians within the Hot Zone.

Specialist level responders may also be expected to work with the Incident Commander (IC) from within a command post.

Importance of Training

The real-world demands of a responder’s day-to-day role, together with the ongoing challenges of limited time and resources, means it is crucial that the HazMat training they receive is relevant to their work and tailored to their expected duties and tasks.

Equally too, it is important that they are provided with the opportunity to demonstrate their HazMat response skills and knowledge in both a classroom setting and in the context of a real-life environment.

The provision of realistic and engaging hands-on training can have a vital role to play in ensuring responders are equipped for the challenges of managing live HazMat incidents.

Integrating the use of simulator detector equipment into training scenarios can also be beneficial in enabling trainees to experience hands-on training that is rigorous, compelling and repeatable, but where there is no health and safety or environmental risk.

If you are interested to explore how the use of simulator detectors can enhance your HazMat training outcomes then please get in touch with one of our experts today.

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.

Preparing Post-Construction Cleanup Sites for Natural Disasters

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The United States Association of State and Territorial Waste Management Officials (ASTSWMO) CERCLA Post Construction Focus Group has developed a checklist called, Preparing Post-Construction Cleanup Sites for Natural Disasters, which is intended to help States in identifying efficient and effective measures for preparation in advance of potential natural disasters to aid in the identification of likely concerns following a natural disaster. The information provided on the checklist can be used to identify and respond to changed conditions at sites to support action to ensure protectiveness of human health and the environment.

Purpose of the Checklist

The purpose of this checklist is to provide a planning tool for post-construction sites (sites) in the event of a natural disaster. The checklist was developed for CERCLA post-construction sites; however, it may also be used for similar “non-CERCLA” post-construction sites. The checklist includes site-specific information that should be considered prior to and post natural disaster event to streamline site security, minimize damage to remedy components, and reduce the risk of site-related environmental impacts. The checklist does not replace Health
and Safety Plans (HASP), Standard Operating Procedures (SOP), or other site-specific / programmatic guidance documents. Site managers are encouraged to complete the checklist following review of these guidance documents, and incorporate supporting information, as  appropriate.

Recommendations

Based upon the development of this checklist, the team recommends the following practices that will help States be prepared to react following a natural disaster:
• Pre-event planning: Assess site conditions to compile site specific details to complete the checklist prior to a natural disaster.
• Pre-event information: Identify and collect site plans/data and contact information so the information is readily available should a disaster occur. Periodically review this information to ensure that it is current.
• Post-event information: Use the checklist to identify conditions that require action/repair and track planned actions.

The team also recommends considering the use of a version of this checklist for sites that may be in active cleanup stages.

 

About the ASTSWMO CERCLA CPC FG

The ASTSWMO CERCLA Post Construction Focus Group (CPC FG) is comprised of State and Territorial (State) members from all United States Environmental Protection Agency (EPA) regions. This checklist was prepared by the ASTSWMO CPC FG, under Cooperative Agreement 83870001 with the U.S. EPA Office of Superfund Remediation and Technology Innovation (OSRTI).

The mission of the ASTSWMO CPC FG is to promote facilitation and maintenance of reliable, effective, and protective remedies constructed at contaminated sites, to include identification of the resources necessary following remedy construction, and to communicate State program strategies effectively among interested parties.

Dangerous Goods Online Training: How to Choose the Best Provider

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Written by Hazmat University

Dangerous goods training is required for anyone who handles or ships dangerous goods by ground, air, or ocean. You have to be trained in IATA/ICAO regulations (if you ship by air), 49 CFR (if you ship by ground), or IMDG regulations (if you ship by vessel).

Choosing the right dangerous goods online training provider is critical if you want to be adequately trained in the applicable federal and international regulations related to the safe transportation of dangerous goods.

The factors you need to consider while choosing a dangerous goods online training provider are listed below.

Training Programs Offered

Does the dangerous goods training provider offer initial training as well as recurrent training programs? Do their training programs thoroughly cover all relevant regulations? These are the first questions you need to ask while choosing a hazmat training provider.

It is also advisable to choose a training provider who offers function-specific training programs for each mode of transportation (IATA programs for air, IMDG programs for  ocean, and 49 CFR programs for ground). If you ship by more than one mode of transportation, then you would likely choose a dangerous goods training provider that offers multimodal training programs. These in-depth courses cover the dangerous goods regulations pertaining to two or three modes of transportation, depending on the course.

By proactively seeking a reputable and knowledgeable training provider that offers the exact services you need, you can attend a dangerous goods training program that is tailored to your business needs. For instance, if you ship dangerous goods by ground and air, you can sign up for a multimodal training program which covers 49 CFR and IATA regulations.

Dangerous Goods Online Course Material

The quality of a dangerous goods online training program depends to a great extent on the course material it covers. Ideally, the course material should cover a minimum of the following information:

  • Identification and classification of dangerous goods based on the risks the materials present and the criteria of the 9 hazard classes
  • The regulatory requirements pertaining to packing, marking, and labeling dangerous goods
  • Dangerous goods placarding and segregation requirements for transport vehicles
  • The regulatory requirements related to loading/unloading of dangerous goods
  • Completion of the various forms of shipping paperwork that are required to ship dangerous goods by ground, air, and ocean
  • The regulations pertaining to prohibited and restricted dangerous goods
  • Regulatory exceptions and the circumstances under which they are applicable
  • The most common security hazards associated with shipping dangerous goods and applicable safety measures to take

Dangerous Goods Training Methodologies

What methods of presentation does the dangerous goods training provider offer? Do they provide in-person, instructor-led webinars, as well as online training programs? This is something you need to consider, especially if you have budgetary and/or time constraints to contend with.

Dangerous Good Classroom Training and Instructor-led Webinars

Classroom and webinar training programs are instructor-led and are conducted at a specific location at a specific time. Such training sessions are often held at a centralized location that is convenient to a wide range of attendees.  Participants are required to physically attend the classroom presentation or webinar and these training sessions are most often designed to provide general information that is common to a wide-array of shippers. This is often an economical option to receive interactive face-to-face training but this option still requires planning and budgeting from a travel standpoint.

Dangerous Goods Onsite Training

Onsite training programs, on the other hand, are usually highly personalized and are held at your specific place of business. The course material is tailored to the specific needs of your organization, which provides many advantages. However, similar to classroom and webinar training programs, onsite training still requires participants to physically attend the course at the determined place and time. These types of training courses also usually come at a premium cost.

Dangerous Goods Online Training

On the contrary, Dangerous goods online training programs, do not require your physical presence at all. You can access the course material using your tablet or computer at any time or any place with an internet connection. As such, this is perhaps the most convenient and cost-effective method of obtaining required dangerous goods training. Online dangerous goods training sessions can save you a lot of time and money, since they do not involve any travel costs, instructor fees, or scheduling commitments.

Choose the Best Dangerous Goods Online Training Program Provider

Even amidst the COVID-19 crisis, dangerous goods online training options are available for hazmat employees on the frontlines of the supply chain.

About the Author

Hazmat University provides online hazmat training to help you satisfy hazardous materials training requirements for all modes of transportation.