A Call to Keep Workers Safer When Transferring Flammable and Combustible Liquids

Written by Nancy Westcott, President of GoatThroat Pumps

Every day industrial workers transfer potentially hazardous chemicals, such as solvents, acetones, lubricants, cleansers, and acids, from large drums into smaller containers, or into machinery.  Traditionally, such potentially flammable or combustible liquids have been tipped and poured.  Today such spill-prone, VOC emitting methods are no longer considered acceptable, safe, or compliant – not when a fire or explosion can result.

In particular, younger workers, having seen the resulting physical injuries, chronic respiratory ailments, and even deaths endured by parents, grandparents and friends want much safer working conditions.  Consequently, there is now a call for greater safety and regulatory oversight to protect vulnerable workers and their families as simply and efficiently as possible.

“It can be catastrophic to a company if toxic or highly flammable material is accidentally released at the point of use,” says Deborah Grubbe, PE, CEng, is founder of Operations and Safety Solutions, a consulting firm specializing in industrial safety.

“When tipping a heavy drum, it is extremely difficult to pour a liquid chemical and maintain control,” adds Grubbe.  “Companies have to assume that if something can go wrong during chemical transfer, it will, and take appropriate precautions to prevent what could be significant consequences.  Because there is no such thing as a small fire in my business.”

Although the dangers of transferring flammable and combustible liquids are very real, protecting workers from harm can be relatively straightforward.  This includes proper safety training, the use of personal protective equipment (PPE), and the use of engineering controls to prevent dangerous spills.

A Lethal Situation

During a manufacturing process on Nov 20, 2017 at Verla International’s cosmetics factory in New Windsor NY, an employee transferred hexamethyl disiloxane (flash point -6 °C / 21.2 °F) from a drum into another container and then wiped down the chemical drum.  The friction from wiping created static electricity that caused the drum to become engulfed in flames within seconds.  The resulting fire and explosions injured more than 125 people and killed one employee.

A video released by the Orange County Executive’s Office shows the worker wiping down the chemical tank, “causing static which is an ignition event.” “Seconds later, the tank becomes engulfed in flames, with parts of the man’s clothing catching on fire as he runs from the explosion,” according to the Poughkeepsie Journal, a local area newspaper.

Although the man sustained only minor injuries, many at the cosmetics factory were not so lucky.

With the potentially lethal consequences from the use of flammable/combustible liquids in so many industrial facilities, it is essential to understand the hazard.

Flammable and Combustible Liquid Hazards

In a flammable liquids fire, it is the vapors from the liquid that ignite, not the liquid.  Fires and explosions are caused when the perfect combination of fuel and oxygen come in contact with heat or an ignition source.  Based on their flash points, that being the lowest temperature at which liquids can form an ignitable mixture in air, flammable liquids are classified as either combustible or flammable.

Flammable liquids (those liquids with a flash point < 100 deg F) will ignite and burn easily at normal working temperatures where they can easily give off enough vapor to form burnable mixtures with air.  As a result, they can be serious sources of a fire hazard. Flammable liquid fires burn very fast and frequently give off a lot of heat and often clouds of thick, black, toxic smoke.

Combustible liquids (those liquids with a flash point > 100 deg F) do not ignite so easily but if raised to temperatures above their flashpoint, they will also release enough vapor to form burnable mixtures with air. Hot combustible liquids can be as serious a fire hazard as flammable liquids.

Both combustible and flammable liquids can easily be ignited by a flame, hot surface, static electricity, or a spark generated by electricity or mechanical work.  Highly volatile solvents are even more hazardous because any vapor (VOCs) released can reach ignition sources several feet away.  The vapor trail can spread far from the liquid and can settle and collect in low areas like sumps, sewers, pits, trenches and basements.  If ventilation is inadequate and the vapor trail contacts an ignition source, the fire produced can flash back (or travel back) to the liquid. Flashback and fire can happen even if the liquid giving off the vapor and the ignition source are hundreds of feet or even several floors apart.

The most obvious harm would be the danger of a fire or explosion.  “If the vapor is ignited, the fire can quickly reach the bulk liquid. A flammable vapor and air mixture with a specific concentration can explode violently,” according to information on the topic posted online by the Division of Research Safety by the University of Illinois at Urbana-Champaign.

Consequently, minimizing the dangers of handling flammable and combustible liquid chemicals requires proper training and equipment.

Safe Handling

Without proper ventilation, the handling of flammable substances has a good chance to create an explosive atmosphere.  It is essential to work only in well-ventilated areas or have a local ventilation system that can sufficiently remove any flammable vapors to prevent an explosion risk.

Because two of the three primary elements for a fire or explosion usually exist in the atmosphere inside a vessel containing a flammable liquid (fuel and an oxidant, usually oxygen), it is also critical to eliminate external ignition sources when handling such liquids.  Sources of ignition can include static discharge, open flames, frictional heat, radiant heat, lightning, smoking, cutting, welding, and electrical/mechanical sparks.

Static Electricity Grounding

When transferring flammable liquids from large containers (>4 L), to a smaller container, the flow of the liquid can create static electricity which could result in a spark. Static electricity build-up is possible whether using a pump or simply pouring the liquid.  If the bulk container and receiving vessel are both metal, it is important to bond the two by firmly attaching a metal bonding strap or wire to both containers as well as to ground, which can help to safely direct the static charge to ground.

When transferring Class 1, 2, or 3 flammable liquids with a flashpoint below 100°F (37.8°C), OSHA mandates that the containers must be grounded or bonded to prevent electrostatic discharge that could act as an ignition source. NFPA 30 Section 18.4.2.2 also requires a means to prevent static electricity during transfer/dispensing operations.

Engineering Controls

Beyond PPE and proper ventilation, it is absolutely critical for workers to use regulatory compliant, engineered controls to safely transfer flammable and combustible liquids at the jobsite.  Most states and municipalities across the U.S. have adopted NFPA® 30 Flammable and Combustible Liquids Code and OSHA 29 CFR 1910.106, which address the handling, storage, and use of flammable liquids.  With NFPA 30, material is classified as a Class 1 liquid (flammable) and Class 2 and 3 (combustible).

The codes account for safeguards to eliminate spills and leakage of Class 1, 2, and 3 liquids in the workplace. This begins with requirements surrounding the integrity of the container, but also extends to the pumps used to safely dispense flammable and combustible liquids.

Point of Use Containment

According to Gary Marcus of Justrite Manufacturing in an article posted on EHS Today’s web site, “Drums stored vertically are fitted with pumps instead of faucets for dispensing. Use of a pump is generally considered safer and more accurate. Some local codes require pumps for all drums containing flammable liquids.

A fast-growing approach to flammable liquids storage is to keep as much liquid as possible close to the point of use because it is efficient and saves time. Workers can minimize their exposure to potential ignition sources if they replenish their solvent supply from a drum near their workstations, rather than from the solvent room a quarter-mile away. OSHA permits up to 60 gallons of Class I or Class II liquids and up to 120 gallons of Class III liquids to be stored in safety cabinets close to workstations.”

In most workplaces, supervisors and facility managers have been recommending rotary and hand suction pumps to transfer flammable liquids for decades. However, they are increasingly turning to sealed pump systems designed for class 1 and 2 flammable liquids, which are a more effective engineering control tool for protecting employees and operations.

Conventional piston and rotary hand pumps have some inherent vulnerabilities.  These pumps are open systems that require one of the bungs holes to be open to the outside atmosphere. The pumps dispense liquids from the containers using suction, so it requires that a bung be open to allow air to enter the containers to replace the liquid removed.  Without this opening, either the container will collapse or the liquid will stop coming out.

Typically, there is also a small gap between the container opening (bung) and the pump dip tube that allows air to enter.  This opening also allows some vapor release into the atmosphere when the pumps are unused and connected to the container.  The gaps may allow an explosion to occur at a temperature near the flashpoint.  This can cause a high-velocity flame jet to vent near the bung, which could injure personnel near the container.

In addition, using the piston and rotary pumps to remove liquid from containers can allow some spillage since there is no flow control device. If a seal fails, liquid can also be sprayed from the pump and onto the user and the floor.

As a solution, the industry has developed sealed pump dispensing systems that enhances safety by eliminating spills and enables spill-free, environmentally safe transfer that prevent vapors from escaping the container.

These systems are made of groundable plastic and come complete with bonding and grounding wires. The spring actuation tap handle can be immediately closed to stop liquid flowing preventing any spills. The design of this sealed pump system also prevents liquid vapors from exiting the container when the pump is unused.   These characteristics significantly reduce the chance of an ignition event.   The combination of all these features ensure the pump meets both NFPA30-2015.18.4.4 standards and NFPA 77.

Now that the hazards of transferring flammable and combustible liquids are clearly recognized, proactive industrial facilities are beginning to protect their workers and their families by implementing safety training, PPE use, and sealed, grounded pumps.  This will help their operations stay compliant, mitigate insurance risks while minimizing the risk of fire and explosion due to spills, vapors, and static shock.


About the Author

Nancy Westcott is the President of GoatThroat Pumps, a Milford, Conn.- based manufacturer of industrial safety pumps and engineered chemical transfer solutions that keep companies in regulatory compliance.

Transport Canada Testing of e-documents for dangerous goods shipments

Transport Canada is launching a regulatory sandbox on electronic shipping documents. This project will allow Transport Canada to test the use of electronic shipping documents for dangerous goods shipments in a safe way. As the transportation sector evolves, Transport Canada is looking at ways regulations can be updated to help keep Canada competitive and encourage innovation, while keeping Canadians safe.

The sandbox project

Transport Canada will use the sandbox to evaluate whether electronic shipping documents can help the department reach the same or a better level of safety as paper documents, and if so, under what conditions.

The project will look at using electronic shipping documents across four modes of transportation: air, marine, rail, and road. Transport Canada will also look at both rural and urban environments, including areas with limited or no internet or cell coverage.

No specific technology or system will be imposed by this project, because Transport Canada is interested in evaluating a variety of platforms and technologies.

This project does not change existing regulations. It is just a way for Transport Canada to analyze the benefits, costs, and performance of electronic shipping documents, as well as how they could impacts Canadians. All of these items need to be examined before any regulatory changes are proposed.

Once the project is complete, Transport Canada will publish a final report that will include recommendations.

 

Organizations that are interested in participating in this project, have questions or comments, can contact the Sandbox Project Team
via e-mail at [email protected].  More information on the project can be found here.

 

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

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.

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

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

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

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.

 

Hazardous Waste & Environmental Response Conference – November 25th & 26th

The Hazardous Waste & Environmental Response Conference is scheduled for November 25th & 26th at the Mississauga Convention Centre in Mississauga, Ontario.  The event is co-hosted by the Ontario Waste Management Association and Hazmat Management Magazine.

This 2-day conference provides an essential and timely forum to discuss the management of hazardous waste and special materials, soils and site remediation, hazmat transportation, spill response and cutting-edge technologies and practices. Valuable information will be provided by leading industry, legal, financial and government speakers to individuals and organizations that are engaged in the wide range of services and activities involving hazardous and special materials.

Attendees can expect an informative and inspiring learning and networking experience throughout this unique 2-day event. Session themes provide an essential and timely forum to discuss the management of hazardous waste and special materials, soils and site remediation, hazmat transportation, spill response and cutting-edge technologies and practices.

As the only event of its kind in Canada, delegates will receive valuable information from leading industry, legal, financial and government speakers who are actively engaged in a wide range of services and activities involving hazardous waste and special materials.

Company owners, business managers, plant managers, environmental professionals, consultants, lawyers, government officials and municipalities – all will benefit from the opportunity to learn, share experiences and network with peers.

CONFERENCE SCHEDULE

MONDAY, NOVEMBER 25 – GENERAL SESSIONS

8:00 am – Registration

8:45 am – Opening and Welcome Address

9:00 am – 9:40 am

OPENING KEYNOTE – Lessons Learned from Hazmat Incidents

Jean Claude Morin, Directeur General, GFL Environmental Inc.

Dave Hill, National Director Emergency Response, GFL Environmental Inc.

Jean Claude and Dave will discuss lessons learned from hazmat incidents in Canada, including, train derailments, truck turn-overs, and hazardous materials storage depot explosions. This presentation will also provide an overview of some of the more serious incidents in Canada and discuss the valuable lessons learned regarding best practices in hazmat response.

9:40 am – 10:10 am

Legal Reporting Requirements

Paul Manning, LL.B., LL.M, Certified Specialist in Environmental Law and Principal, Manning Environmental Law

Paul will provide an overview of the Canadian federal and Ontario legislation as it relates to the reporting requirements in the event of a hazmat incident and/or spill. Included in the discussion will be an examination of the case law related to hazmat incidents and failure to report.

10:10 am – 10:45 am – Refreshment Break             

10:45 am – 11:15 am

Hazmat and Spill Response Actions and the Utilization of Countermeasures

Kyle Gravelle, National Technical Advisor, QM Environmental

Kyle will be speaking on hazmat and spill response actions and countermeasures to prevent contamination. Included in the presentation will be real-world examples of incidents in Canada and advice on preparations and hazmat management.

11:15 am – 12:00 pm

PANEL DISCUSSION: Utilization of New Technologies for HazMat Emergency Response

Moderator:  Rob Cook, CEO, OWMA

James Castle, CEO & Founder, Terranova Aerospace

Bob Goodfellow, Manager, Strategic Accounts & Emergency Response, Drain-All Ltd.

Ross Barrett, Business Development/Project Manager, Tomlinson Environmental Services Ltd.

The hazmat and environmental response sector is quickly evolving. During this discussion, panelists will share their experiences on new technologies and methodologies for the management of hazmat and environmental incidents and provide advice on what companies should do to be better prepared for hazmat incidents.

12:00 pm – 1:30 pm – Luncheon Speaker

From Hacking to Hurricanes and Beyond – The New Era of Crisis Communications

Suzanne bernier, CEM, CBCP, MBCI, CMCP, President, SB Crisis Consulting, Founder & Author of Disaster Heroes

During any crisis, communicating effectively to all key stakeholders is key. This session, delivered by a former journalist and now award-winning global crisis communications consultant, will look at the evolution of crisis management and crisis communications over the past 15 years. Specific case studies and lessons learned from events like the recent terror and mass attacks across North America, as well the 2017 hurricane season will be shared, including Texas, Florida and Puerto Rico communications challenges and successes. The session will also review traditional tips and tools required to ensure your organization can communicate effectively during any crisis, while avoiding any reputational damage or additional fall-out that could arise.

1:35 pm – 2:15 pm

Fire Risk in Hazmat and Hazardous Waste Facilities – The Impact and Organizational Costs 

Ryan Fogelman, Vice President of Strategic Partnerships, Fire Rover

Fire safety is an important responsibility for everyone in the hazardous materials & waste sector. The consequences of poor fire safety practices and not understanding the risk are especially serious in properties where processes or quantities of stored hazmat and waste materials would pose a serious ignition hazard.

In an effort to prevent fires and minimize the damage from fires when they occur, owners, managers and operators of hazmat and related facilities will learn about fire safety and how to develop plans to reduce the risk of fire hazards.

Learn about:

  • Data and statistics on waste facility fire incidents
  • Materials and processes that create a fire risk
  • Planning and procedures to reduce fire risk
  • Tools and practices to detect, supress and mitigate fire damage.

2:15 pm – 2:45 pm

Implementation of Land Disposal Restrictions (LDR) in Ontario – Treatment Requirements & Associated Costs

Erica Carabott, Senior Environmental Compliance Manager, Clean Harbours Inc.

The field of hazardous waste management in Ontario is complex and places an onus on all parties involved, including, generators, carriers, transfer and disposal facility operators. Initiatives such as pre-notification, mixing restrictions, land disposal restrictions, recycling restrictions and the requirements of the Hazardous Waste Information Network (HWIN) all add to the cumbersome task. The Landfill Disposal Restrictions (LDR) place responsibilities on generators and service providers alike. This presentation aims to navigate the implementation of LDR in Ontario, with specific emphasis on the Clean Harbors Sarnia facility to accommodate LDR treatment and the significant costs associated with it.

2:45 pm – 3:15 pm – Refreshment Break

3:15 pm – 4:00 pm

New Requirements on the Shipment of Hazardous Goods – Provincial, Federal and International   

Eva Clipsham, A/Safety Policy Advisor for Transport Canada

Steven Carrasco, Director, Program Management Branch, Ontario Ministry of the Environment, Conservation and Parks (MOECP)

Current federal and provincial frameworks for regulating the movement of hazardous waste and materials are currently undergoing change. Manifesting systems are being upgraded and refocused as electronic systems that will provide efficiencies to both generators and transporters. Learn about the current federal and provincial systems and the changes that are anticipated to be implemented in the near future.

4:00 pm – 5:00 pm – All attendees are invited to attend the Tradeshow Reception!

TUESDAY, NOVEMBER 26

8:30 am – Registration

8:45 am – Opening & Welcome Address

9:00 am – 9:45 am

Management of contaminated sites & increasing complexity and cost

Carl Spensieri, M.Sc., P.Eng., Vice President Environment, Berkley Canada (a Berkley Company)

This presentation will explore the various elements contributing to the increasing complexity and cost of managing contaminated sites. Carl will examine emerging risks and speak to potential strategies we can use to mitigate them. This presentation will also highlight opportunities for conference participants to offer new services that help owners of contaminated sites best respond to existing and emerging challenges.

9:45 am – 10:10 am – Refreshment Break

TRACK 1: HAZARDOUS WASTE GENERATION, TRANSPORTATION, TREATMENT AND DISPOSAL

10:15 am – 10:55 am

A National Perspective on the Hazardous Waste

Michael Parker, Vice President, Environmental Compliance, Clean Harbours Inc.

Hear about the challenges and opportunities facing the hazardous waste, hazmat and emergency response sector from an industry leader with a national view. The industry is evolving and the business fundamentals are ever changing. Government administrative and technical burdens are increasing and the volume of hazardous waste is declining – what will the future hold?

11:00 am – 11:40 am

PANEL DISCUSSION: Hazardous Waste & Special Materials – Transportation & Transit Challenges

Jim Halloran, Regional Manager, Heritage – Crystal Clean Inc.

Doug DeCoppel, EH&S Manager, International Permitting and Regulatory Affairs, GFL Environmental Inc.

Frank Wagner, Vice President Compliance, Safety-Kleen Canada Inc.

This panel will discuss key transportation issues and compliance challenges faced by hazardous waste generators and service providers, including significant changes to the documentation, labelling, packaging, emergency planning, and reporting requirements for hazardous waste and special materials shipments resulting from updated regulations and proposed initiatives. The panel will also review key considerations when selecting service providers to manage hazardous waste and special materials.

Topics included in this discussion: E-manifests (provincial and federal – lack of e-data transfer capabilities), HWIN fees (300% increase in fees but no increase in service), Transboundary Permits (lack of e-data transfer capabilities), container integrity and generator awareness.

11:45 am – 12:25 pm

Factors Influencing Treatment and Disposal Options for Hazardous Waste in Ontario

Ed Vago, Director of Operations, Covanta Environmental Solutions

Dan Boehm, Director of Business Development, Veolia ES Canada Industrial Services Inc.

Learn about the many recycling, treatment and disposal options for hazardous waste and hazardous materials in Ontario. Hear about the regulatory and operational factors to consider when deciding on the best management approach.

TRACK 2: SITE REMEDIATION

10:15 am – 10:55 am

Soils – Dig and Dump vs. On-Site Remediation: Factors to Consider & Case Studies

Devin Rosnak, Senior Client Manager & Technical Sales Manager, Ground Force Environmental

D. Grant Walsom, Partner, XCG Consulting Limited, Environmental Engineers & Scientists

Mark Tigchelaar, P. Eng., President and Founder of GeoSolv Inc.

Developers of brownfield site are faced with decisions around how to manage excavated soils. Impacted soils and soils with hazardous characteristics as tested at the site of generation can be managed through on-site remediation, or can be removed from the site to a variety of remediation and/or disposal options. Learn about the key options and factors that contribute to determining the optimum approach to managing soils.

11:00 am – 11:40 am

The Legal Framework for the Management of Contaminated Sites and Materials      

John Tidball, Partner, Specialist in Environmental Law, Miller Thomson LLP

The management of contaminated sites and related materials, including soils, are constrained by both regulatory and legal framework. Hear from a legal expert with unparalleled experience about the regulatory and legal issues that all developers/excavators transporters and service providers should be aware of as the legal liabilities in this area can be significant.

11:45 am – 12:25 pm

Anaerobic Bioremediation & Bioaugmentation – from the Lab to the Field

Dr. Elizabeth Edwards (Professor), Dr.Luz Puentes Jacome, Dr. Olivia Molenda, Dr. Courtney Toth, Dr. Ivy Yang (all Post doctoral fellows in the lab), Chemical Engineering & Applied Chemistry, University of Toronto

Together with her Post-Doctoral team, Dr. Edwards will present an overview of anaerobic bioremediation and bioaugmentation with some examples from their research and its application to the field.

12:30 pm – 2:00 pm

CLOSING KEYNOTE & LUNCHEON SPEAKER

Andrea Khanjin, MPP Barrie-Innisfil, Parliamentary Assistant, Ministry of the Environment, Conservation and Parks (MOECP)


Diamond Sponsor

 

 

 

 

 

Emerald Sponsor

 

 

 

 

Supporting Sponsors

 

 

 

 

 

 

 

 

 

 

Ontario aerosol manufacturer fined for violating Environmental Emergency Regulations

Written by Paul ManningManning Environmental Law

As of August 24, 2019, the Environmental Emergency Regulations, 2019 replaced the existing Environmental Emergency Regulations, which require industry to take steps to prevent, prepare for, respond to, and recover from the accidental release of harmful chemicals.

The Regulations require that any person who owns, has the charge of, manages, or controls a regulated substance at or above certain quantities to notify Environment and Climate Change Canada. For higher-risk facilities, an environmental emergency plan must be prepared, brought into effect, and exercised.

On November 12, 2019, K-G Spray-Pak Inc. of Concord, Ontario pleaded guilty in the Ontario Court of Justice to two offences under the Canadian Environmental Protection Act, 1999, including one count of violating the Environmental Emergency Regulations and one count of failing to comply with an environmental protection compliance order. The company was ordered to pay a fine of $170,000.

In February 2017, Environment and Climate Change Canada’s enforcement officers launched an investigation, which revealed that K-G Spray-Pak Inc., a manufacturer, marketer, and distributor of aerosol products, had failed to comply with an environmental protection compliance order issued in July 2016.

Environmental protection compliance orders are issued by Environment and Climate Change Canada’s enforcement officers to put an immediate stop to a violation of the Canadian Environmental Protection Act, 1999, to prevent a violation from occurring, or to require action be taken to address a violation.

The company was subsequently charged when it failed to implement and test environmental emergency plans within the prescribed time limit specified in the compliance order.

https://www.canada.ca/en/environment-climate-change/news/2019/11/ontario-aerosol-manufacturer-fined-for-violating-the-canadian-environmental-protection-act1999.html

This article has been republished with the permission of the author. It was first published here .

This article is provided only as a general guide and is not legal advice. If you do have any issue that requires legal advice please contact Manning Environmental Law.


About the Author

Paul Manning is the principal of Manning Environmental Law and an environmental law specialist certified by the Law Society of Ontario. He has been named as one of the World’s Leading Environmental Lawyers and one of the World’s Leading Climate Change Lawyers by Who’s Who Legal.
Paul advises clients on a wide range of environmental law issues and represents them as counsel before tribunals and the courts. His practice focuses on environmental, energy, planning and Aboriginal law.

 

 

Researchers scaling up technology that destroys PFAS contamination

Researchers from the University of Purdue recently received funding from the U.S. Environmental Protection Agency (U.S. EPA) to scale up a patented technology that can destroy poly- and perfluoroalkyl substances (PFAS) in groundwater.

PFAS include perfluorooctanesulfonate (PFOS), perfluorooctanoic acid (PFOA) and other perfluoroalkyl acids (PFAAs) and are found at more than 600 military training sites across the United States where firefighter training involved the use of PFAS-containing foams. They also are found at airports, which use similar chemical foams to put out fires.

PFAS have been linked to cancer, thyroid dysfunction, liver disease, immune system impairment, and other serious medical concerns. The compounds also are found in contaminated drinking water.

Linda Lee, a professor of agronomy in Purdue’s College of Agriculture, has patented a technology that destroys PFAS through the use of a permeable reactive barrier constructed in the subsurface.  Ms. Lee stated, “Our approach is different from current technologies, which are focused on capture and not destruction. We target compound destruction with a design that has potential to be used as part of a permeable reactive barrier underground to eradicate these compounds in groundwater to keep them from spreading.”

compounds graphic

“This is a significant problem because these compounds, which are found in our blood, drinking water, homes and products, do not degrade naturally,” Lee said. “Our team has patented technology involving the use of nickel and iron nanoparticles synthesized onto activated carbon to capture, attack and destroy the compounds.”

Recently, Lee’s team received part of a $6 million science to achieve results grant from the U.S. Environmental Protection Agency to address the issue of the compounds ending up in waste streams and eventually drinking water. The latest award comes after the team received earlier funding from the National Science Foundation and the Department of Defense. The team’s recent work also has included international partnerships in Pakistan through The National Academies of Sciences, Engineering and Medicine.

Lee patented her nanoparticle innovation through the Purdue Research Foundation Office of Technology Commercialization. She is looking for additional partners to help scale up the work.

 

Diving deep into Redwater – Supreme Court Says Trustee in Bankruptcy can’t cherry pick Environmentally Clean Assets

Written by John Stefaniuk and Scott Birse, Thompson Dorfman Sweatman LLP

The Supreme Court of Canada released its much anticipated decision in Orphan Well Association v. Grant Thornton Limited (a case more commonly known as Redwater) on January 31, 2019. You might recall our article on the Alberta Court of Appeal’s decision in the same case.

In Redwater, the courts had to decide whether bankruptcy law trumped provincial regulatory orders issued in Alberta. Redwater Energy Corporation (Redwater) was an oil and gas developer.  It held a number of development properties under the authority of the Alberta Energy Regulator (AER).  With the slump in oil prices, Alberta Treasury Branches (ATB), Redwater’s primary lender, called its loan. ATB appointed Grant Thornton Ltd. first as receiver and subsequently as corporate trustee in bankruptcy of the estate of Redwater under the federal Bankruptcy and Insolvency Act (BIA).

In the course of examining Redwater’s realizable assets, Grant Thornton became aware of outstanding environmental reclamation obligations that were associated with some of Redwater’s non-producing properties.  Grant Thornton decided to put the valuable, producing wells and other “clean” assets up for sale, and to walk away from the remaining assets by renouncing them under the BIA. That resulted in putting the reclamation in the lap of the Orphan Well Association (OWA), an industry-funded organization set up in Alberta to administer a fund established for the purpose of reclamation of “orphan” properties.

The AER refused to allow the transfer of the productive licences. It issued abandonment orders requiring clean-up or posting of security for clean-up costs in relation to the renounced assets. The parties headed to court to see what would become of the value that could be realized for the retained assets. Both the trial court and the Alberta Court of Appeal would have allowed Grant Thornton to leave the liabilities behind.

In the majority decision written by Wagner C.J., the Court applied a three-part test found in another Supreme Court of Canada case decided in 2012, Newfoundland and Labrador v. AbitibiBowater Inc. The majority of the Court held that the reclamation claims were not  a debt, liability or claim owing to a creditor and that they were too remote to attach a monetary value. That meant that two of the three criteria in the Abitibi test were not met. The Court therefore held that the bankruptcy did not have the effect of undoing the orders and the trustee could not cherry-pick the valuable assets while renouncing the rest.

This was a bit of a surprise to many environmental law practitioners, including most of the ones I attended a conference with just a few weeks prior to the decision.

What then, is the upshot?

Ostensibly, this is good news for provincial regulators. It is more likely that their enforcement orders will be found to continue to be binding upon corporations in bankruptcy. While it does not make receivers or trustees in bankruptcy personally responsible for rehabilitation costs, it does mean that the proceeds of sale of the valuable assets may have to be put toward satisfying those orders before any of it is available to lenders and other creditors. That means less costs potentially borne by the provinces (and their taxpayers). Predictably, lenders do not seem to garner a lot of public sympathy.

On the other hand, (assuming no changes to the BIA) the decision means that lenders and other creditors will have to pay closer attention to the borrower’s unfunded clean-up and closure costs when extending and monitoring credit. If the lender no longer has the ability to deal with valuable assets and leave the “dirty” behind, it means that credit in environmentally sensitive sectors may become tighter, reporting requirements may become more onerous, and some lenders may become skittish.

The dissenting minority decision written by Côté J. said the majority decision was not based on “polluter pays”, but instead resulted in a regime of “lender pays”.  After all, it is always open to the provinces to require permittees and licensees to post better (and more) security to fund rehabilitation costs, and to carry out better monitoring and inspections to ensure that the security is really adequate to fund clean-up. On top of that, who is in a better position to monitor environmental compliance and reclamation costs, the regulator or the bank? Surely, the regulators have better expertise and, assuming proper funding from government, better resources to carry out the work. Indeed, the regulators also wield the bigger stick – fines and penalties – whereas the most that the lender can do is either refuse to lend, lend less, or call in a loan where potential trouble is spotted. By the time that issues are obvious, the lender may choose to let things ride, so long as payments are being made, rather than force a realization that could put its security at risk. It is difficult to see how that serves environmental protection.

In some respects, the decision can be seen as a bit of a “Get out of Jail Free” card for the provinces and their resource and environmental regulators. No doubt that is the way that ATB felt about it.

This article has been republished with the permission of the authors. It was first published on the TDL Law website.


About the Authors

John Stefaniuk engages in a broad practice with emphasis on environmental law, real estate and development law, natural resources and energy, commercial law and municipal law matters. He has particular experience in relation to contaminated sites, mining and mine rehabilitation, wind power development, natural resource development, environmental approvals and licensing, commercial real estate, leasing, financing and development, municipal approvals, taxation and assessment and business acquisitions. He appears regularly before government licensing bodies and administrative tribunals including the Manitoba Clean Environment Commission and Municipal Board, municipal councils, provincial legislative committees and in all levels of court in Manitoba and in the Federal Court in connection with environmental, resource, regulatory municipal, and property issues.

Scott Birse has a broad practice with a particular emphasis on environmental law, municipal law, real estate and development law, regulatory compliance, commercial law and related litigation. He has particular experience assisting clients in the areas of environmental liability in real estate transactions and business acquisitions, municipal planning and approvals, contaminated sites liability, environmental assessments, commercial real estate development and civil litigation. Scott has appeared before municipal tribunals, the Manitoba Court of Queen’s Bench and the Manitoba Court of Appeal. He has also advised clients with respect to municipal and environmental matters in Saskatchewan and British Columbia.