Scientific advancements in oil spill containment

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The United States Coast Guard recently reported that an innovative sub surface oil containment and recovery system, installed in April 2019 over a damaged oil platform in the Gulf of Mexico, is successfully preventing more than 1,000 gallons of oil per day from entering the environment. Scientific research and lessons learned following the Deepwater Horizon oil spill have allowed the development of unique oil spill response systems such as this to help protect the maritime environment from future threats.

In 2004 during Hurricane Ivan the Taylor Energy Mississippi Canyon 20 (MC20) oil platform toppled creating an ongoing flow of oil into the Northern Gulf of Mexico. Scientists from multiple government agencies and academic institutions, conducted cutting-edge studies that determined the location, source, and amount of oil and gas emitting from the site.

Utilizing remote sensing technologies such as drones, satellites, and underwater vehicles in combination with on-site in-situ sampling and chemical analysis, scientists were better able to characterize the oil release.

Two separate studies conducted in 2017 determined that the oil and gas were discharging from multiple plumes in a discrete location rather than over a wide area. In 2018, the Bureau of Safety and Environmental Enforcement and the National Oceanic and Atmospheric Administration undertook a follow-up study to determine the chemical characterization of the release, and to generate a flowrate (amount of oil and gas spilling in a given period of time) estimate for the site.

These studies helped determine that oil was leaking from the damaged infrastructure and could be contained, and that more than 1,000 gallons of oil per day was being released. This was substantially greater than the previously asserted 3-5 gallons per day.

The United States Coast Guard assumed partial control of the Taylor Energy oil spill response after repeated past attempts failed to stop, or contain, the flow of oil in the years since the platform with 25 producing wells were toppled and buried in sediment.

The Coast Guard, with support from the National Oceanic and Atmospheric Administration and the Bureau of Safety and Environmental Enforcement, oversaw the design, installation and operation of a Rapid Response Solution (RRS) subsurface system designed by the Louisiana based Couvillon Group.

The containment and collection system was developed and implemented in only 5 months in order to quickly stem the flow of oil. The system has recovered more than 375,000 gallons of oil since it was installed. Environmental protection continues, with the Coast Guard overseeing continuous oil collection and containment system maintenance.

These scientific research was a collaborative efforts of the inter-agency team of oil spill responders and scientific experts. The Coast Guard and National Oceanic and Atmospheric Administration will continue to support the Bureau of Safety and Environmental Enforcement efforts to ensure that the Taylor Energy wells are properly plugged and a permanent solution is reached.

Oil Spill Dispersants Market Surpass $23.6 Billion By 2026

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According to a recent market report by Acumen Research Consulting, the global Oil Spill Dispersants market size is estimated to grow at a compound annual growth rate above 3 % over the forecast time frame and reach the market value around USD 23.6 billion by 2026.

The term oil spill is a common term used in the contamination, by accident or human error, of water, land or earth by oil pouring or release. Oil sources are distributed throughout the world, and are drilled both onshore and offshore. Since oil is an essential source of energy, it is very important that oil is distributed and transported consistently. Oil is mainly transported by seaside vessels and land pipelines. Most accidents occur during the shipment of oil, transport and pipeline breakages or during land boiling. Small-scale oil spills take place regularly and can be easily and quickly controlled.

Dispersants contain detergents which help break oil into small droplets that can become diluted in the ocean. They also contain an organic solvent that helps the detergents mix with both the oil and water (Credit: Natalie Renier, Woods Hole Oceanographic Institution)

The market is mainly driven by frequent oil spills and the crucial importance of reducing the after effects on the environment of oil spills. These dispersants work in steady weather, since the efficiency of dispersants is reduced by high tides. Such limitations of oil discharges are the main restrictive factors on the global market for oil discharges.

The growth of the market of petroleum discharges depends directly on frequency, duration and volume of the oil discharges. Since the last decade, there has been a decrease of large oil spills every year, but very frequent small-scale oil spills are mainly driving the market for oil spills. Furthermore, a consistent selection of new petroleum resources and new oil plants will further boost the growth of the petroleum spill market. Another driving factor for the global market for oil spills is stringent government rules and penalties for reinforcing the response to oil spill.

Application Stance

The market share of offshore oil dispersant applications for the application segment was more than 70% in 2017. Similarly, it is estimated that the onshore application sector will grow steadily as newly identified onshore oil sources and frequent oil spills occur during transport or drilling of the oil. Onshore petroleum production accounts for 70 percent, which is projected to increase in the coming years. The demand for oil spill dissipators in onshore spill areas will be further increased.

Asia-Pacific Hold the prominent Share in the market

Geographically speaking, Asia Pacific will lead the global market for oil spillers driven by increased oil demand in the region and increased production pressures on petroleum companies to explore further existing offshore and onshore petroleum sources. Such explorations are certainly expected to have some incidents due to failure or human error in technology / equipment. Middle East & Africa is similar to the Asia-Pacific region, and a major part of the world’s oil demand is made of it. Global financial, trade and political pressures in terms of oil production and demand will certainly compel oil companies to take risks as they explore new petroleum sources.

ACME Environmental is Likely to Continue to Lead the Global Oil Spill Dispersants Market

The Oil Spill Dispersants market is consolidated with large number of manufacturers. The company profiling of key players in the market includes major business strategies, company overview and revenues. The key players of the market are ACME Environmental, Inc., Blue Ocean Tackle, Inc, Canadyne Technologies, Canadyne Technologies, Chemtex, Inc., and Desmi A/S, Blue Ocean Tackle, Inc, Inc, Chemtex, Inc., and Desmi A/S.

What can the Act of God Defence in Regulatory Offences tell us about Responding to the COVID 19 Crisis

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Written by Stanley Berger, Partner, Fogler Rubinoff

In April 2008 water bodies in Alberta were frozen over and as a result, migratory birds were drawn to Syncrude’s open tailings ponds where over 1600 waterfowl died from exposure to bitumen. Syncrude was prosecuted under federal and provincial environmental laws for the adverse impacts of the tailings on migratory birds.

The company defended itself by arguing that that the convergence of record snowfalls and the freezing of the adjacent waters that the waterfowl would naturally use for sustenance during spring migration amounted to an Act of God which could not reasonably be anticipated. The company had a system of deterrents which had worked reasonably well in previous years to prevent the loss of all but a small number of birds drawn to the open tailings, but the record snowfall had interfered with their planned deployment.

The Court, conceded that the convergence of adverse weather, open tailings, frozen natural water bodies and bird migration was an unavoidable natural event. (2010) ABPC 229 at par. 136) Nevertheless, the Court reasoned that while the exact circumstances or degree of severity may have been unpredictable, the convergence of these critical factors was not remarkable. The company’s response was deficient whether it had been “the second worst snowfall in 65 years that occurred, coupled with a late breakup and quick thaw or, or some lesser but still significant amount of snow or rain. “(at par. 138) On October 22, 2010

Provincial Court Judge Tjosvold imposed fines and orders totaling three million dollars for violations of Alberta’s Environmental Protection and Enhancement Act and Canada’s Migratory Birds Convention Act. see Berger and Myers, Prosecution and Defence of Environmental Offences, Sentencing Service on Thomson and Reuters Proview at https://nextcanada.westlaw.com/.

Lessons Learned: Regulatory Due Diligence During and After COVID  19

Regardless of whether one is religious or not, COVID 19 would certainly fit within the Act of God defence if faced with a charge of non-compliance with a regulatory offence. But the level of sympathy expected to be extended by a court to this defence will ultimately depend upon the magnitude of the harm environmental, health and safety or otherwise and the steps taken by a defendant to plan for a once in a lifetime event. The nuclear industry offers an excellent example. Licensees of nuclear facilities have always been required to deploy minimum complements of workers at all times to ensure that critical activities such as the operation of the nuclear reactor and its cooling systems are maintained. There are always control room operators on hand even during a pandemic though additional precautions are taken to ensure that their health and safety are optimized. Businesses should review their regulatory licenses and approvals and identify which of their operations need to be maintained at all times in order to protect public health and safety and the environment. Once identified, budgets
and schedules should be set for implementation. Particularly, but not exclusively where costs are prohibitive or actions are not feasible, transparent communication with the relevant regulatory authorities should be initiated without delay to ensure that there is a mutual consensus on the expectations of the parties. Finally, those expectations should be reduced to writing and kept on line so that they are readily accessible. Given the magnitude of the current crisis, regulators may not respond to e-mails in a timely fashion, so businesses should ensure that all requests for reviews of compliance plans are sent and kept electronically.

This republished article is intended for general information purposes only and should not be relied upon as legal advice.

About the Author

Stan Berger has practiced regulatory law for 37 years. He represents nuclear operators and suppliers, waste management operators, renewable energy operators, receivers-in-bankruptcy, municipalities and First Nations. He was an Assistant Crown Attorney in Toronto for 8 years, Senior counsel and Deputy Director for Legal Services/Prosecutions at the Ministry of the Environment for 9 years and Assistant General Counsel at Ontario Power Generation Inc for 14 years.  He is the author of a quarterly loose-leaf service published by Thomson Reuters entitled the Prosecution and Defence of Environmental Offences and the editor of an annual review of environmental law.  Mr. Berger was the President of the International Nuclear Law Association (2008-2009) and the founder, and President of the Canadian Nuclear Law Organization.

Practical Tips for Managing Environmental Issues During the Coronavirus Pandemic

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Written by Sheila McCafferty Harvey and Reza Zarghamee, Pillsbury Law

Due diligence and compliance challenges require flexible approaches and creative solutions.

Practical Tips Regarding Due Diligence

The COVID-19 pandemic already has created significant disruptions to daily business and governmental activities, as employees across industries have been encouraged to practice social distancing and work from home. Moreover, an increasing number of states have issued shelter-in-place orders and nonessential business shutdowns, which may last for several months.

Among the challenges facing companies in these circumstances is the practical matter of how they may satisfactorily conduct environmental due diligence under such conditions for corporate and real estate transactions. To explain, in transactions involving the transfer of title to real property or the creation of a leasehold interest (since the 2018 BUILD Act), prospective purchasers and lessees must satisfy the requirements of the All Appropriate Inquiries (AAI) Rule (40 CFR Part 312) to obtain innocent status and, thus, qualify for one or more affirmative defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, et seq. (CERCLA). The baseline level of environmental due diligence under the AAI Rule is the performance of a Phase I Environmental Site Assessment in accordance with the ASTM E 1527-13 standard. An ASTM-compliant Phase I also has become the industry standard for environmental due diligence required by financial institutions and insurers for purposes of project financing and obtaining insurance coverage, respectively, although such companies tend to allow somewhat greater flexibility in terms of strict adherence to the standard.

A Phase I contains many components, some of which may be performed on a “desk-top” basis. Environmental Data Resources LLC, the provider of the EDR Radius Map Report that accompanies the majority of Phase I reports, is committed to providing its services during the pandemic. As a result, between the services of EDR and the Phase I author, assuming responsive information is available online, the expectation is that environmental consultants should be able to continue to perform these tasks, despite the new paradigm of working at home. However, an essential component of the ASTM standard is a site visit of the subject property. Non-essential business shutdowns and shelter-in-home orders may prevent consultants from performing such visual inspections in certain states. Although the ASTM standard allows for the specification of “data gaps” and “limiting conditions/deviations,” the site visit is such a core requirement of the standard that, in the ordinary course, failure to perform one within 180 days of the closing date of a transaction renders a Phase I inadequate for purposes of qualifying for CERCLA defenses.

EPA has yet to give any indication about how it will treat the failure to perform a site visit due to COVID-19-related disruptions in terms of Phase I user’s eligibility for the CERCLA defenses. A distinct possibility thus exists that a Phase I consisting of a desk-top only review will be deemed inadequate, regardless of the exigent circumstances preventing a site visit. Therefore, to the extent possible, companies should schedule Phase I ESAs to occur after the expiration of non-essential business shutdowns or shelter-in-home orders. If a Phase I cannot be delayed, then companies may wish to consider creative means of performing the site inspection, e.g., perhaps using drones to examine interior and exterior site features or using FaceTime to direct any facility personnel onsite to perform the site surveillance.

For a Phase I intended to satisfy a business purpose (e.g., securing a loan, obtaining insurance coverage), failure to satisfy the ASTM standard could have undesirable consequences. However, because agreements between private parties are negotiable, the party commissioning the report has, in theory, greater flexibility in terms of working around the COVID-19-related obstacles. Specifically, the inability to obtain firsthand information regarding a site may be excused or addressed in business agreements. To this end, the party commissioning the report is encouraged to proactively engage the other parties seeking to rely on the report to discuss whether a report without a site visit would suffice and, if not, what possible alternatives would be acceptable for purposes of obtaining the business objective.

Practical Tips Regarding Environmental Compliance Obligations

Proactiveness is also necessary to ensure continued compliance with environmental cleanup obligations, permit conditions, and environmental due diligence standards during the COVID-19 pandemic. In evaluating options and implementing measures to ensure continued compliance with environmental legal requirements, businesses are encouraged to take a systematic approach, which may entail all or some the following steps:

  • Develop an internal team responsible for the COVID-19 response: The establishment of clearly defined roles and a chain of command can be tremendously useful to ensuring that the tasks needed to maintain compliance are expeditiously performed.
  • Consult existing plans and internal policies: Some businesses already may have in place plans and policies that have been triggered by the current crisis or are otherwise useful. For example, environmental management systems, hazardous waste contingency plans and risk management plans may contain specific protocols for exigent circumstances that may prevent compliance with legal obligations (e.g., the inability to remove hazardous waste within the 90-day threshold specified for large quantity generators) or trigger certain preventative measures (e.g., the securing of extremely hazardous substances regulated under Section 112(r) of the Clean Air Act as part of a risk management plan).
  • Identify what tasks and deadlines are required or coming up in the near-term and whether they are at risk of being impacted: Businesses should develop lists of upcoming environmental tasks and deadlines, including scheduled remedial activities, sampling, submittals to agencies, commitments to private-parties under environmental indemnities, etc. For items due in the next few months, an assessment should be made about the degree to which the requisite task may be affected by COVID-19-related disruptions. A broad view of how current conditions may affect the ability to discharge obligations should be taken in this regard. For example, it may be useful to ascertain which tasks require outside vendors or subcontractors and the likelihood that they would be available to assist.
  • Review relevant statutes, regulations, guidance, and other documents for authority that might excuse or delay performance: Applicable laws, regulations, and legal instruments such as permits and orders should be consulted to determine if they contain provisions that afford relief from the obligations discussed in the previous bullet. The EPA has policies and guidelines regarding governmental expectations during emergency situations, and an increasing number of states have issued guidance on how businesses may invoke enforcement discretion during the current crisis. Pillsbury is closely monitoring these developments and tracking them on its website. Where such agency guidance is vague or off-point, businesses are recommended to consult the specific documents establishing their legal obligations, as many consent orders, cleanup agreements, private-party indemnities, and permits contain provisions that bound parties may invoke to obtain relief from requirements that may be difficult or impossible to perform because of COVID-19-related restrictions. “Force majeure” clauses are a good place to start, as these provisions serve to excuse or delay performance under exigent circumstances. Some such clauses explicitly designate pandemics and governmentally declared emergencies and shutdowns as force majeure events. However, they often also have time limits, so they should be reviewed as soon as possible.
  • If legal authority affording relief is identified, follow the specified procedures for invoking the authority and providing notice. This should be done as early as possible, especially if the applicability of specific guidance or provision is questionable, to ensure enough time to react if a third party (e.g., governmental agency) disagrees about the existence of an adequate basis to excuse or delay performance.
  • Document efforts to comply and reasons impeding performance. The legal landscape is extremely fluid right now, giving rise to a heightened potential for legal disputes over failure to perform. For this reason, as well as the fact that many force majeure clauses require it, businesses should document all efforts to comply, as well as information supporting the contention that COVID-19-related disruptions have prevented compliance, as such information may be useful in supporting petitions for enforcement discretion.

Key Takeaways

  • The COVID-19 pandemic is impeding the ability of businesses to perform transactional environmental due diligence and usual compliance activities.
  • How courts and businesses (e.g., lenders, insurers) will value attempts to perform All Appropriate Inquiries that, because of COVID-19-related orders, may not include such activities as physical inspections of the subject property is uncertain. Though we may see various guidance emerge in the coming days, much like the numerous hastily promulgated stay-home orders, we can expect a patchwork with ample ambiguity and unanswered questions.
  • In such a dynamic and unprecedented legal and business climate, proactive and creative compliance strategies, and effective strategies to document parties’ efforts to comply with existing obligations, can help hedge against transactional and compliance risks.

About the Authors

Sheila Harvey, Pillsbury’s Energy Industry Group leader, is an accomplished adviser on environmental and energy policy and regulatory issues and their impact on transactional and litigation matters.

Reza Zarghamee advises U.S. and international clients on a vast array of environmental matters, including the strategies for performing compliance audits, transactional due diligence, remediation, and SEC disclosures.

 

Incident and Emergency Management Market – Growth, Trends and Forecast (2020 – 2025)

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According to the findings in a recent market research report, the incident and emergency management market was valued at USD 97.73 billion in 2020 and is expected to reach USD 137.84 billion by 2025, with a CAGR of 6.03% during the forecast period (2020-2025). Emergency situations are highly unpredictable; it takes intense planning, time, and human resources to recover from crisis situations.

Emergency response systems are a vital component in speeding up the recovery process. Governments are increasingly trying to develop intelligent mitigation plans to minimize the response time and damage caused by both natural and man-made disasters.

Climate change is leading to increased frequency and severity of extreme weather events across regions. Centre for Research on the Epidemiology of Disasters reported that the amount of flood and storm catastrophes have risen by 7.4 % annually, in recent times.

Among end-users, a few, like educational institutions and hospitality firms, have a lower level of awareness and deployment of such software solutions and are mostly into recovery post-incident. Such low adoption rates are likely to affect the market revenues over and during the forecast period.

Scope of the Report

Incident and emergency management refer to a standardized approach, which prevents & manage incidents or humanitarian emergencies that have severe outcomes. It is involved in the integration and deployment of emergency systems and solutions at all government and non-government platforms.

Key Market Trends

Increase in Natural Disasters

As natural disasters increase in frequency and severity, their recovery costs are also significantly increasing year-by-year. Moreover, according to the National Oceanic and Atmospheric Administration (NOAA), in 2017, the United States had the costliest year ever, when it comes to natural disasters.

The country experienced 16 different events, that resulted in more than a billion dollars in damage each, with a total price tag of USD 306.2 billion. Thus, it is vital that organizations work to save lives, protect property, and build communities back stronger after disaster strikes.

In disaster recovery solutions, it is of paramount importance to have a fast, reliable, and secure form of communication. Communication requirements in a disaster recovery can benefit from the flexibility, versatility, and quick deployment of satellite networks, enabling responders to coordinate first response activities and command, control and communicate urgent information, quickly and efficiently.

Asia-Pacific is the Fastest Growing Region

Asia-Pacific is the fastest growing region, due to the growing disaster management, terrorist and cyber attacks in the region. With enhanced geographical zones and a high client base, the region is expected to exhibit strong growth in the studied market.

The region is the world’s most disaster-prone region, so disaster management is a significant priority. Over the years, most countries in the region have established national disaster management authorities and systems that are increasingly adopting the latest technologies and solutions.

Also due to an increase in the government expenditure on emergency and disaster management systems to safeguard people from disasters, the region has been witnessing a rise in the studied market software.

In April 2018, the Emergency Operations (EMO) unit at WHE/SEARO organized the WHO South-East Asia Regional and Country Offices Emergency Readiness training in India.

Competitive Landscape

The existing players in the market, like IBM, NEC Corporation, and Honeywell among others are well penetrated and possess successful strategies to come up with new and differentiated products that would increase opportunities for them. Additionally, brand identity has a major influence in this market, as strong brands are considered to be synonymous with good performance.

However, with new companies supported and funded, like governments and others(for instance, TMC Technologies), the competition is expected to grow, overall, the competitive rivalry in the market is moderate and increasing. Some of the key players in Incident and Emergency Management Market are Hexagon AB, NEC Corporation.

Some of the key recent development in Incident and Emergency Management Market are as follows:

The Isle of Wight NHS Trust’s Ambulance Service (IoW Ambulance Service) has implemented Hexagon’s intergraph computer-aided dispatch (I/CAD) system. This industry-leading incident management solution will support the island’s emergency and non-emergency call handling and dispatch needs, enhance collaboration with neighboring services, and reduce costs.

NEC Corporation announced the supply of wide-area disaster prevention system to the Meteorological, Climatological and Geophysical Agency of the Republic of Indonesia (Indonesia). This wide-area disaster prevention system will collect seismic intensity and waveform information obtained from seismometers newly installed at 93 sites across Indonesia.

Veolia Steps up Hazardous Waste Business In North America

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Veolia, through its subsidiary Veolia North America, recently announced that it has signed an agreement to take over Alcoa USA Corporation’s Hazardous Waste Treatment Site located in Gum Springs, Arkansas (USA). With this operation, Veolia continues the global expansion of its hazardous waste treatment and recycling activity, with a step further in North America, and adds a flagship site to its existing portfolio.

The facility, located on a 1,350 acre site, currently employs 70 people. The Gum Springs facility has traditionally treated spent pot liner, a hazardous waste byproduct of the aluminum production process, for the North American smelter industry. As part of its global growth strategy in difficult-to-treat pollutants, Veolia will be looking at expanding the type of waste, as well as volume, handled at the site, as it is already permitted for the treatment and final disposal of nearly all categories of liquid and solid hazardous waste. While remaining a key service provider to Alcoa through a multi-year dedicated agreement, the facility will also be expanding its services to customers throughout North America.

Veolia treats and recycles around 6 million tons of hazardous waste – over 100.000 industrial, commercial or household clients, and employs 8,000 who operate a comprehensive network of more than 140 facilities on five continents.

In Europe, Veolia operates the two biggest hazardous waste treatment sites of the continent. In North America, Veolia’s hazardous waste operations notably support a number of industries The company notably operates four major incineration facilities on two sites in Texas and Illinois.

This transaction is valued at USD 250 million and closing is expected in the first quarter of 2020.

Source: Veolia

In the Sale of Property, Responsibility for Removal and Remediation of Underground Storage Tanks needs to be clear

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Written by Stan Berger, Fogler Rubinoff LLP

On January 9, 2020, the British Columbia Supreme Court in Walton v. Warren 2020 BCSC 19 found in favour of the Purchaser when an undiscovered underground storage tank required removal and site remediation following closing. This ruling was given despite the Purchaser having signed off on an inspection report prior to closing. The purchase and sale agreement provided that the Seller had to ensure that any underground storage tank (UST) located on the property be removed and the surrounding soil remediated. The Seller was responsible for all costs. The Seller had to provide written confirmation before the Completion Date from the tank removal contractor and relevant provincial and local authorities that the remediation complied with provincial or local government laws. The Purchaser had to obtain and approve an inspection report 6 weeks before the completion date. The report recommended that a specialist company survey and sweep the property to determine the presence of buried oil tanks. The Purchaser’s realtor arranged for a scan of the property free of charge. This was followed by a scanning company’s report stating there was no evidence of any UST. The contract closed on schedule and almost 3 years later the basement of the property flooded. During a necessary drain replacement a UST was discovered requiring its removal and remediation at a cost of $42,000. The Purchaser sued the sellers.

The Judge found that the existence of the UST was unknown to the Seller at the time of the sale. The Seller argued that their obligation with respect to responsibility for any underground storage tank ended upon the closing. The Purchaser completed the purchase being satisfied with the condition of the property. The judge disagreed finding in the Purchaser’s favour.

“[62] There is no language in the Addendum which could be interpreted as limiting the defendants’ obligations only to those USTs that were discovered prior to the Completion Date or to those USTs of which they were aware. [63] The Addendum does not include any conditional language. For example, it does not say that the defendants are to remove and remediate “any oil tank that is discovered prior to the Completion Date” or “any oil tank that they are aware of prior to the Completion Date”.

Moreover the survival clause in the agreement contained no exceptions.

The lesson here is that courts are disinclined to infer any limit on the responsibility of a party when the language in the contract isn’t clear.

This publication is intended for general information purposes only and should not be relied upon as legal advice.

About the Author

Mr. Berger has practiced regulatory law for 37 years. He represents nuclear operators and suppliers, waste management operators, renewable energy operators, receivers-in-bankruptcy, municipalities and First Nations. He was an Assistant Crown Attorney in Toronto for 8 years, Senior counsel and Deputy Director for Legal Services/Prosecutions at the Ministry of the Environment for 9 years and Assistant General Counsel at Ontario Power Generation Inc for 14 years.
He is the author of a quarterly loose-leaf service published by Thomson Reuters entitled the Prosecution and Defence of Environmental Offences and the editor of an annual review of environmental law.
Mr. Berger was the President of the International Nuclear Law Association (2008-2009) and the founder, and President of the Canadian Nuclear Law Organization.

Are your Waste Transport Drivers Properly Trained under Ontario’s EPA?

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Companies that hold an Environmental Compliance Approval (Waste Management System) for the transport of municipal waste, liquid industrial waste, or hazardous waste or are registered under the Environmental Activity Sector Register (EASR) for waste transport are required to have their drivers undergo specific environmental training.

Ontario’s General – Waste Regulation (Ontario Regulation 347) under the Ontario Environmental Protection Act ensures that wastes are effectively managed from the point of their generation to where they are ultimately processed or disposed of.  To provide this necessary control, the regulation includes definitions for different waste types and detailed requirements for a range of waste management activities.

The Ontario Ministry of the Environment, Conservation, and Parks (MOECP) Guideline for Training Requirements for Drivers of Waste Transportation Vehicles (Guideline C-12, PIBS 7914e01) provides information on environmental driver training related to the transport municipal waste, liquid industrial waste or hazardous waste.

The Guidelines outline the major areas that drivers of vehicles used for the transportation of municipal waste, liquid industrial waste or hazardous waste need to be trained on which includes:

  • The operation of the vehicle and waste management equipment,
  • Relevant waste management legislation, regulations and guidelines,
  • Major environmental concerns for the waste to be handled,
  • Occupational health and safety concerns for the waste to be handled, and
  • Emergency management procedures.

For more information on driver training requirements, contact John Nicholson, the editor of Hazmat Management Magazine.

U.S. OSHA Reveals Preliminary List of Top Ten Violations for 2019

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Written by , GLE Associates, Inc.

Annually, around 5,000 workers die and millions are injured on the job in the United States. Many of these deaths and injuries are preventable, caused by United States Occupational Safety and Health Agency (U.S. OSHA) violations.

In September, U.S. OSHA revealed preliminary data about the top ten violations they’ve cited in 2019. The list is largely unchanged from 2018, with two violations trading ranks in the list (respiratory protection took the place of control of hazardous energy-lockout/tagout).

The data reveal the largest areas of concern for worker safety and opportunities for employers to improve.

Top Ten Violations

Rank Standard Number of Citations
1 Fall Protection – General Requirements (1926.501) 6,010
2 Hazard Communication (1910.1200) 3,671
3 Scaffolding (1926.451) 2,813
4 Control of Hazardous Energy – Lockout/Tagout (1910.147) 2,606
5 Respiratory Protection (1910.134) 2,450
6 Ladders (1926.1053) 2,345
7 Powered Industrial Trucks (1910.178) 2,093
8 Fall Protection – Training Requirements (1926.503) 1,773
9 Machine Guarding (1910.212) 1,743
10 Personal Protective Equipment – Lifesaving Equipment and Eye and Face Protection (1926.102) 1,411

Ontario to promulgate Excess Soil Regulations

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After much speculation and delay, the Province of Ontario finally announced that the On-site and Excess Soil Regulation will take effect on July 1, 2020.  In a speech at the Excess Soil Symposium in Ajax, Ontario, the Environmental Minister, Jeff Yurek announced that the government is moving ahead with making changes to and finalizing the regulations under the Environmental Protection Act.

“As Ontario’s population continues to grow, we need to ensure our valuable resources and prime land don’t go to waste,” said Minister Yurek. “These changes will remove barriers for communities, developers and property owners to clean up and redevelop vacant, contaminated lands and put them back into productive use. This will benefit the local economy and create jobs, and keep good, reusable soil out of our landfills.”

Under the new regulations, Ontario is clarifying rules on the management and transport of excess soil to help optimize the resources we have and reduce costs in development, which will benefit communities. Clear rules and new tools to work with municipalities and other law enforcement agencies will also strengthen enforcement of illegal dumping of excess soil. These regulatory changes will provide greater assurance that soil of the right quality is being reused locally, reduce greenhouse gas impacts from truck transportation, and prevent reusable soil from ending up in landfills.

Ontario’s government is moving forward with its commitment to make it safer and easier to use local excess soil and put vacant, prime lands back into good use

“The Ontario Home Builders’ Association is supportive of clarifying rules regarding the reuse and management of excess soils generated from construction sites,” said Joe Voccaro, CEO, Ontario Home Builders’ Association. “This will create business certainty, while ensuring the tracking and quality of soil being deposited and increasing opportunities for reuse on other sites. Furthermore, exempting historic road salting that was preventing developers from obtaining an RSC is a very positive amendment supporting new housing supply.”

Ontario is also reducing barriers to clean up brownfields, which are properties where past industrial or commercial activities may have left contamination, so underused land in prime locations can be cleaned up and put back to productive use, benefitting the neighbourhood and businesses. This will also provide developers with more certainty and opportunity to redevelop brownfield properties, while still maintaining human health and environmental protection.

Quick Facts

  • An estimated 25 million cubic metres of excess construction soil is generated each year.
  • The management of excess soil, including trucking and disposal fees, can account for a significant part of the costs in large development projects, accounting for an estimated 14 per cent of overall construction costs.
  • Soils travel long distances to either a landfill or reuse site. On average, a load of excess soil travels 65 km or more.
  • Greater local reuse of excess soils can save between five to 10 per cent of overall project costs.