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New climate change initiatives that will affect Canadian businesses are being introduced federally, provincially and regionally across Canada. Our climate expert sorts out the mess. by Laura Zizzo
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CLIMATE CHANGE: GHG OFFSETS
Proposed US legislation will affect trade. by Peter Kirby & Michael House
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editorial
Bhopal, Tornados and Me
L
A half-dozen tornados killed one person, flattened buildings, stripped roofs and toppled trees and power lines in Southern Ontario on August 20, 2009.
by Guy Crittenden
“How many people living next to industrial plants have that same false sense of security? Should they? I wonder now.”
ike many people who live in Toronto, Ontario, I rarely feel any sense of imminent danger from a large-scale catastrophe, whether man-made or courtesy of Mother Nature. Many times I’ve watched wild fires burning West Coast subdivisions on TV, or California earthquakes, or Prairie floods or Midwest tornados and thought, “Thank God those things don’t happen here.” It’s as though disasters are reserved for other people, along with the requisite investment in emergency preparedness and response. However, a recent experience has jolted me out of my complacency. At about 7:00 pm on Thursday, August 20 I drove to an industrial area in Vaughan to buy a furniture item. I found myself traveling into a very significant and violent thunderstorm. Lightning came down all around me, a strike every thirty seconds. As I pulled up in an enormous and largely vacant parking lot the main storm cell slowly floated over me. I noticed the storm’s distinct wall cloud and oval shape. More importantly, the sky was vividly green — an indication (for reasons I don’t understand) of potential tornados. The car radio crackled with the lightning; 680 News repeated an Environment Canada warning that the area (and most of southern Ontario) was under a tornado advisory. Looking to the west, I noticed a downward “wedge” formation; but it wasn’t a classic funnel and (thinking of the movie Twister) I didn’t see any “rotation or debris.” I felt somewhat safe from the lightning (being in a car) and thought (out loud) that if there was a tornado, it must be “over there” — inside a massive canopy of rain and mist that moved past me slightly to the north. This was roughly where the “wedge” would have meandered and reformulated itself in the 20 minutes or so I’d sat there. It turned out that, in fact, there was a tornado in that rain canopy! I never saw the funnel, but news reports the next day pinpointed that I’d observed the storm where an F2 tornado descended and destroyed or severely damaged about 175 homes. A half-dozen tornados were confirmed for that day, killing a boy in the Town of Durham and demolishing homes and ski chalets in Craiglieth (about fifteen minutes west, ironically, of the Town of Collingwood from where I’d moved the week before). Author Hanna Arendt once described the Nazi Holocaust as “the banality of evil” and I would say that the term could be adapted for (at least some) large-scale disasters; we could call it the “banality of mass destruction.” A few things stand out in my mind that are applicable to all kinds of natural and industrial disasters. (Think of the Sunrise Propane plant explosion last year [see Legal Perspective, page 46], or the gas release in Bhopal, India — currently “celebrating” its 25th anniversary). First, I was struck by how undramatic the storm felt. Yes there was lightening and a bit of rain. But this was not a fast-moving storm with funnel clouds appearing as in a Hollywood movie. Sitting in the parking lot, I was definitely “in the bear cage” (as the storm chasers say) but had a false sense of security. Had the storm moved just one or two kilometres to the south, I would have been directly in its path. How many people living next to industrial plants have that same false sense of security? Should they? I wonder now. Second, I was really impressed (or distressed) by how the local media handled the “live event.” In the car I twiddled endlessly with the radio dial (FM and AM). CBC didn’t interrupt its regular programming (to my knowledge) other than to note in its regular weather coverage that severe weather was predicted. 680 News initially did the same, and I recall thinking, “For God’s sake, a tornado has already kit Craiglieth and now a potentially killer storm is slamming Toronto, and it just ‘business as usual?’” To its credit, about 30 minutes later 680 News replaced its regular programming with CNN-style reporting on the unfolding storm. (Hats off to whatever producer made that judgment call.) The point is that I noticed (in real time) the “disconnect” between Environment Canada issuing a “oncein-a-decade” province-wide tornado alert and most of the media’s ponderous reaction. Taken together, my two observations amount to this: large-scale disasters don’t always announce themselves with great fanfare, and communicating critical information to people “on the ground” will likely not occur without an established response protocol and training (ergo the “regular programming” on most radio stations). In conclusion, large-scale disasters are unusual; by the time you realize you’re in one, it’s likely too late if you haven’t conducted training and drills in preparation. Make sure your plant and organization is ready to deal with “tornado-scale disasters” that may appear from within and without. And don’t make my mistake of thinking these are things that happen only to “other people.” I got up close and personal with a tornado just north of Toronto (of all places); take a look around you now, while things are calm, and ask yourself seriously what could happen, and whether or not you’re prepared. HMM Guy Crittenden is editor of this magazine. Contact Guy at gcrittenden@hazmatmag.com
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AWARD-WINNING MAGAZINE HazMat Management, USPS 016-506 is published four times a year by EcoLog Group, a division of Business Information Group Inc., a leading Canadian business-to-business information services company. HazMat Management magazine provides strategic information and perspectives to North American industry and government on pollution prevention and waste management issues. Readers include corporate executives, compliance and safety officers, industrial plant managers and operators, municipal, government environment officials, working scientists, and consulting engineers. EcoLog Group products include Solid Waste & Recycling magazine, the ERIS risk information service, and a number of newsletters affiliated with EcoLog.com Head Office: Internet: Email:
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RE: “2009 Public Works Project of the Year” website news item Dear Editor, uote: “Green building materials include fly ash concrete.” What is this? LEED should not consider fly ash concrete as a green building material. Fly is an inferior building and structural material in terms of durability, safety, and environmental effects.” Although recycling fly ash into building materials may seem to be a viable alternative to disposing fly ash into waste dumps where it can leach into the soil, using a hazardous material in building products is actually waste disposal masquerading as recycling. A fundamental rule of recycling is similar to that of medicine, that is, “First, do not harm.” However, the use of fly ash in construction materials is far from safe. For example, some buildings in the United States, Europe, and Hong Kong have been found to have an increase
Q
Yours truly James Smith js0159606@gmail.com
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in toxic indoor air contamination which is in direct relation to fly ash that has been used as an additive in concrete to make it more “flowable.” In a high rise building in Hong Kong, researchers suspect that the combination of fly ash and granite aggregation in concrete causes the building to be “hot” with the radioactive gas radon when the airconditioning systems are shut down at night and on weekends. As a result, night and weekend workers may be exposed to higher and potentially dangerous radon levels. See website: http://findarticles.com/ p/articles/mi_gx5204/is_2003/ ai_n19124302/?tag=content;col1
Press
6 www.hazmatmag.com FALL 2009
CONTRIBUTING EDITORS Michael Cant • John Hosty • Diane Saxe • Usman Valiante • Laura Zizzo
up-front
MTE and GlobalTox announce merger M TE Consultants Inc. (MTE) has announced that it has merged with GlobalTox International Consultants Inc. (GlobalTox) of Guelph, an organization providing services in product testing and registration, human and environmental toxicology, and risk assessment. “This partnership is an exciting development for everyone involved. With offices in Kitchener and Burlington, geographically Guelph provided an ideal link for MTE. Our team is looking forward to working with our partners in this area,” said MTE President Greg Marks, adding, “The combination of GlobalTox’s unique services and MTE’s reputation and technical abilities will benefit clients of both organizations.” GlobalTox will maintain their office in the Guelph area and continue to operate under the GlobalTox name. GlobalTox currently employs 13 people, including risk assessment specialists, toxicologists, and testing and reporting specialists. GlobalTox was started in 1992 by Dr. Mark Goldberg and Dr. Ronald Brecher. Over the years their reach has expanded globally to clients in the United States, Europe and Australia. Brecher will serve as Vice-President of the new GlobalTox Division, and MTE’s Peter Hicks will be assuming the role of Manager of the GlobalTox Division. Goldberg will take on the role of Director of Research and Development for MTE. “Mark and I are really excited about this opportunity for both our clients and our staff,” said Brecher, following the announcement of the merger.
Left to right: MTE Vice-President Peter Gray with GlobalTox founders Dr. Mark Goldberg and Dr. Ron Brecher.
MTE has been serving the Waterloo Region since 1985. The company’s more than 170 employees specialize in civil (land and site development), municipal, structural and environmental engineering services, including hydrogeology and building health sciences (mould and asbestos remediation). MTE also has a growing office in Burlington focused on serving the Burlington, Hamilton and Halton Regions. For more information on MTE Consultants Inc., please contact Angelo Innocente, Vice President, Business Development, at ainnocente@mte85.com
Green hospital room Y
ou’re familiar with the typical hospital room: Bleak lighting. Barren surroundings. It’s supposed to help make you feel better but it often makes you feel worse. Skanska USA Building introduces the green hospital room: Low flow faucets. Flooring made with renewable materials. Non-toxic items in the ceiling, bed and walls. There’s even a balcony because research shows connecting with nature can help with healing. In fact, there is growing evidence of a correlation between green health care facilities and improved patient recovery. Building materials can have a significant effect on indoor air quality. Careful materials selection can have a positive effect on occupants, especially sensitive patients such as children, the elderly and patients with respiratory problems or compromised immune systems. Improved air quality means better breathing conditions and the potential for a faster recovery. Lighting efficiency is another advantage for “green hospitals.” Although costs for optimized artificial lighting
may initially be higher, evidence suggests that optimized and natural light improves patient healing and staff retention. These systems are also financially prudent in the long run due to off-setting rising energy costs. Skanska is an industry leader in green hospital construction. Skanska built the first LEED Gold hospital in the United States at Oregon’s Providence Newberg Medical Center. Since then, Skanska has executed green healthcare projects in virtually every region of the country. Skanska recently unveiled the green hospital room in Boston. The 400 sq. ft. green patient lab was designed to demonstrate that green materials and technologies can be incorporated into hospital construction — and not always at exorbitant prices. Green characteristics include: a smart heating system that change the volume of air in a room as needed; high-efficiency glass, LED lights and insulation with an emphasis on natural light; and, materials low in volatile organic compound emissions. FALL 2009 HazMat Management 7
cover-story
What’s happening in Canada?
Carbon Laws G
overnments and businesses alike currently struggle with the response to what has been called the most significant challenge of our era: climate change. To address this growing challenge, the federal and provincial governments are developing regimes to reduce greenhouse gases (GHGs). Since environmental issues are a shared responsibility between provincial and federal governments, both orders of government can regulate GHG emissions. This could result in a complex and confusing patchwork of approaches in Canada. The federal government is expected to unveil a GHG emission reduction legislative regime, and some provincial governments have begun to propose and implement programs of their own. To address overlap, the federal government may enter into equivalency agreements with provinces (i.e., that have an “equivalent” regime in place to regulate GHGs). These agreements may allow provincial systems to take the place of the federal one in some provinces.
THE FEDERAL GOVERNMENT
Federally, there are more questions than answers regarding how the eventual carbon-reducing legislation will look, as no comprehensive plan has yet been implemented. The federal government will likely go forward with a cap-and-trade system, which will limit emissions of certain sectors. Regulated entities will likely have a number of options to achieve compliance, including actually reducing emissions to the required level, trading allow8 www.hazmatmag.com FALL 2009
ances with other regulated entities, contributing into funds aimed at supporting research and development, and purchasing “offset credits.” These are created when emissions reductions from unregulated sectors are quantified. They can then be bought to mitigate emissions in the regulated sector. The government wants the offset system up and running in advance of the full cap-and-trade system to ensure there is enough supply of credits in the market upon implementation. In June of this year, Environment Canada released draft rules relating to the offset system for greenhouse gases indicating that it will go forward with a cap-and-trade system. In 2007 the Conservative government presented Turning the Corner, its plan to regulate GHG emissions and air pollutants. The American WaxmanMarkey bill is moving through the legis-
“Implementation may move swiftly and businesses would be well advised to start considering how this type of legislation would affect them.”
Laura Zizzo, B.E.S., J.D.
cover-story
and Markets lative chambers and, if passed, will create a cap-and-trade system that may have implications for international trade. The Canadian government seems willing to shift its policy to align with the emerging American requirements to ensure Canadian goods are competitive with those created south of the border. (See companion article, page 13.)
REGIONAL SYSTEMS
Complicating matters, to respond to climate change and increase competitiveness, provincial governments are preempting the federal system and joining forces with American states in the development of regional systems. This may or may not succeed. British Columbia, Manitoba, Ontario, and Quebec are all partner jurisdictions in the Western Climate Initiative (WCI). Saskatchewan and Nova Scotia are official observers. Partner jurisdictions are working towards the objective of putting the WCI cap-and-trade system in place beginning January 1, 2012. To this end, British Columbia, Ontario and Quebec have all begun moving forward with legis-
lation to enable these systems. The WCI has also commented on the proposed federal regimes in the U.S. and Canada. It has recently expressed concern over the direction of the federal plan, including the use of intensity-based targets and the potentially limitless use of offset credits.
PROVINCIAL SYSTEMS
British Columbia has established a revenue-neutral carbon tax and has begun developing the provincial offset system. This province established the Pacific Carbon Trust (PCT), a crown corporation developed to deliver quality domestic GHG offsets to help meet the province’s carbon reduction goals and support growth of the offset industry. The PCT purchases reduction credits from qualifying offset projects. The provincial government then uses these credits to achieve its stated emission reductions goals. The PCT’s goal is to purchase over 700,000 tonnes of offsets annually by 2011. This July, the trust delivered its first 34,370 tonnes of offsets to the government. As a member of the WCI, British Columbia continues to work
towards the development of a provinciallyspecific cap-and-trade system. Alberta is not a partner or observer in the WCI, but has created a provincial regime that includes a credit trading system. Under Alberta’s Climate Change and Emissions Management Act and its associated Specified Gas Emitters Regulations, entities releasing more than 100,000 tonnes of CO2 equivalent must report on their emissions and show that required reductions have been made. Alberta’s system is based on emissions intensity reductions (emissions per unit of output), which may actually allow overall emissions to grow with expanded production, as long as the per-unit rate of emissions is reduced. Regulated entities are initially required to emit 12 per cent below the established facility-specific baseline intensity. More stringent future targets are contemplated. To comply with the reduction requirements, entities can make the mandated reductions on-site, buy credits from other regulated entities, purchase offset credits or make a payment into the technology fund. Currently, payment into the technolFALL 2009 HazMat Management 9
cover-story
ogy fund is set at $15 per tonne, ensuring that the price of credits will stay below $15 provincially. To be used for compliance purposes, offset credits must occur in Alberta and be verified by a third party. Government approval is not required. Alberta’s current system does not allow entities to use credits from other jurisdictions for compliance purposes. In Saskatchewan, Bill 95, An Act respecting the Management and Reduction of Greenhouse Gases and Adaptation to Climate Change is currently being considered by the legislature. The proposed legislation would require regulated emitters to reduce emissions by a yet-to-be determined amount. (Saskatchewan currently aligns its targets with the federal target of 20 per cent below 2006 levels by 2020.) The bill, introduced in May, would allow trade between reguEnviro Ad and 5/15/08 3:10 PMcredits, Page lated entities the use of offset
among other compliance tools. According to the draft legislation, if entities fail to comply with reductions, they are required to make a Carbon Compliance payment of $15 per tonne. The bill has yet to withstand two additional legislative readings, so it’s uncertain when the proposed legislation will be implemented, if passed. Interestingly, Saskatchewan’s environment minister has indicated that an Agreement in Principle has been signed with the federal government for an Equivalency Agreement. Manitoba’s Climate Change and Emissions Reduction Act commits the province to meet Canada’s Kyoto targets of six per cent below 1990 levels by 2012, significantly more rigorous than the federal government’s target of 20 per cent below 2006 levels by 2020 (note that emissions have 1risen by more than 20 per cent between the
years of 1990 and 2006). A variety of programs and initiatives have been developed such as greening government fleets, improving fuel standards and mandating energy efficiency standards in buildings. Although no cap-and-trade legislation has been proposed yet, as a member of the WCI, Manitoba is committed to participating in the regional carbon market. In addition to its involvement in the WCI, Ontario joined the International Carbon Trading Partnership (ICAP) in June, a forum for countries and regions to create aligned cap-and-trade programs across national borders. Weeks earlier, Ontario introduced legislation to allow for a cap-and-trade system and released a discussion paper to guide ongoing consultations. Proposed program details are expected by the fall. Ontario and Quebec signed a Memorandum of Understanding
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INSURING PROGRESS®
cover-story
“Until we have a clear regulatory framework, it will be up to the voluntary market and private offset developers to set standards of offset credits.” in 2008 to jointly develop a cap-andtrade system, to ensure the two provincial governments reach a certain amount of harmonization. Quebec tabled draft cap-and-trade legislation this May with Bill-42 An Act to Amend the Environmental Quality Act. This proposed legislation requires emissions reporting and reductions for regulated entities and various other regulations that will allow for a functioning regime. Both Ontario and Quebec will likely adopt aspects of the WCI’s proposed
design for a cap-and-trade system, including the regulation of entities emitting more than 25,000 tonnes of CO2 equivalent. These provincial systems may be more stringent than the proposed federal plan and intend to allow for linkages between jurisdictions. The Maritime provinces appear to be watching these developments with interest. Nova Scotia has proposed caps on electricity sector emissions but currently there are no plans to establish a regulated carbon market in the Maritimes.
VOLUNTARY MARKETS
While all this movement is happening in various jurisdictions, there’s also a voluntary market for carbon offsets in Canada. Current voluntary reduction projects are being financed in part by businesses participating in buying offset credits from suppliers. In the voluntary market, most purchases are made for reputational or ethical reasons, but with no regulatory oversight, consumers may run the risk of purchasing offsets lacking rigorous environmental integrity.
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There are various standards, including the Voluntary Carbon Standard (VCS), to help consumers with the task of understanding the merits of particular
offsets, but no government regulation over the industry. To assist with the task of deciphering between available credits, the David Suzuki Foundation and the Pembina
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Institute released Purchasing Carbon Offsets: A Guide for Canadian Consumers, Business, and Organizations. This guide is an attempt to help potential purchasers assess the quality of carbon offsets and the reliability of the vendors that sell them. Until recently, the VCS could not be used in Canada because the Canadian government would not cancel Kyoto emission allowances, as it has not implemented the Kyoto Protocol. Voluntary Carbon Units (or VCUs) created by applying the VCS were unavailable to Canadian projects over fears that without the cancellation of Kyoto emission allowances, emission reductions may be double counted vis-à-vis Canada’s Kyoto Protocol reduction commitment. In July, the VCS Board concluded that since Canada has no regulatory framework to implement the Kyoto protocol, none is likely to emerge, and the country is unlikely to achieve its Kyoto commitment, the requirement to demonstrate units will not be double counted is unnecessary in Canada. Perhaps now that the VCS can be applied to qualifying Canadian projects, we may see movement towards standardization of offset projects in Canada. Until we have a clear regulatory framework, it will be up to the voluntary market and private offset developers to set standards of offset credits. Consumers will need to educate themselves to ensure they are purchasing credits with environmental integrity. In conclusion, the regulatory uncertainty in Canada may be stalling action on climate change and effective competitiveness. However, as the Canadian and American legislation makes its way through state, provincial, and federal systems we come closer to the imminent reality of a carbon-constrained economy. Once in force, implementation may move swiftly and businesses would be well advised to start considering how this type of legislation would affect them. This could include measuring GHG emissions and looking for cost-effective emission reduction initiatives. HMM Laura Zizzo, B.E.S., J.D., is Principal of Climate Change Law and Policy in Toronto, Ontario. Contact Laura at laura@laurazizzo.com
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cover-story
The Waxman-Markey Bill, Etc. Are disputes in the future over climate change legislation? by Peter Kirby & Michael House
E
veryone’s heard about the climate change debate, but not everyone has recognized that climate change policy and trade will be inextricably linked. Increasingly, businesses will face cross-border differences in carbon regulation and related trade pressures. Canadian and U.S. legislators are currently pressing forward with various policies that will regulate greenhouse gas emissions (GHGs). Policymakers are trying to achieve a regulatory framework that will mitigate climate change, preserve the competitiveness of domestic industries, and manage any negative international trade implications. These three goals may be difficult or impossible to reconcile. Several areas of uncertainty arise, specifically: how regulations will impact international trade agreements, whether tariffs will become an issue, and whether trade disputes could arise over these GHG agreements. In addition to the push for legislation at the federal level in the U.S. and Canada, other regional groups have sought their own solutions. Specifically, the seven western U.S. states and four Canadian provinces that make up the Western Climate Initiative (WCI) have offered a unique cross-border approach, seeking collaborative solutions and a joint strategy.
GHG REGULATION & INTERNATIONAL TRADE
Domestic GHG policies will impose regulatory costs on industry. These costs may affect the competitiveness of an industry relative to imports from countries that don’t impose similar costs on their producers. While economists agree free trade makes everyone better off on average, the political reality is that domestic producers and unions spend a lot of political capital trying to limit imports that may not face the same costs. For many domestic manufacturers, the imposition of GHG costs provides a strong argument to “level the playing field” against imports. And that is where many disputes arise: the line between making trade fair by leveling the playing field and imposing unfair costs on foreign pro-
ducers almost always depends on one country’s perspective. Governments may try to use various sorts of measures to do that, including tariff and non-tariff barriers, subsidies, and domestic tax policy. Many of the same international trade agreements that limit governmental discretion to impose discriminatory trade barriers against goods from other countries will permit individual countries, in defined circumstances, to protect their environmental or health standards.
HEALTH AND ENVIRONMENTAL EXCEPTIONS
While international free trade agreements — including the NAFTA and WTO ones — are expected to impose discipline on each country’s trade policy, they don’t eliminate each country’s right to take action in areas such as the environment, health, or national security. Those actions can hurt trade. The rulebook for international trade includes a number of exceptions and principles that have been built in to preserve that balance. It’s not clear whether or not climate change regulation fits within these exceptions. The recent past presents a good example: the U.S. prohibited the importation of toys and other products containing lead based materials, since they are illegal to produce in the U.S. (and are deemed a safety hazard). In recent history, various countries have prohibited the importation of foreign meat or other food products in response to various health or food-poisoning scares. However, other exceptions -- particularly those that aren’t explicitly related to health -- have failed. One memorable example, this time in the area of environmental protection, occurred in the late nineties when the U.S. imposed environmental restrictions on U.S. refiners of reformulated gasoline. At the same time, the U.S. also attempted to impose trade barriers on imported gasoline it deemed as violating the equivalent of the domestic rules. Venezuela and Brazil brought a WTO complaint to challenge the imposition of these barriers and won: the U.S. trade barriers were found to be discriminatory and, therefore,
Peter Kirby
Michael House
“It’s not clear whether or not climate change regulation fits within these exceptions.”
FALL 2009 HazMat Management 13
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prohibited. In this case, the trade barriers were not saved by the historical exception for health or environmental issues. Therefore, a key question arises: Is a measure to curb various imports because of greenhouse gas, environmental issues or health concerns truly legitimate, or directed to benefit a specific industry or industries? In one as-of-yet unresolved example, the U.S. granted substantial renewable energy tax credits to domestic paper companies that reuse black liquor (a thick, dark combustible liquid generated in the production of paper). The tax credit benefits companies that combine “renewable” fuels (in this case, the black liquor) with fossil-based fuels (in this case, diesel). U.S. paper companies are able to qualify for this credit, thereby obtaining a major price advantage against Canadian producers. The Canadian producers, through the Canadian government, claim this tax credit is an unlawful U.S. subsidy under WTO rules and NAFTA. Despite the harm caused to Canadian producers, there are strong counterarguments to justify the incentive as part of a much larger, and generallyapplied, domestic program to encourage renewable energy.
MEASURES BY INDIVIDUAL STATES AND PROVINCES
There are many climate change regulations proposed at the sub-national level, including by the members of the Western Climate Initiative, bringing rise to the question: “Could an individual state or province take measures to reduce GHG emissions within its borders if the effect discriminates against imports?” The answer is not entirely clear, but there is a possibility that a disadvantaged domestic producer could seek its own domestic subsidy to combat another country’s trade barrier and preserve its competitive position relative to producers in that other country. But as we have seen, certain
domestic subsidies can run afoul of multi-lateral anti-subsidy agreements if the domestic subsidy is too specific to a particular industry. The Waxman-Markey Bill (HR 2454), which passed the U.S. House of Representatives on June 26, potentially includes such a provision. The House version provides free emission allowances to industries that must compete with goods from foreign nations that do not similarly regulate GHG emissions. The effect in trade terms would be to relieve certain domestic industries from some of
the costs of compliance with the U.S. GHG regulations. It’s not certain the Waxman-Markey provision would limit exemptions only as necessary to compensate for goods produced in countries without climate controls. Furthermore, the legislation’s imposition of border measures after 2020, which would require importers to buy carbon permits for imports from countries unlikely to take action to fight climate change, could make the law vulnerable to a challenge at the World Trade Organization. ... continues on page 16
14 www.hazmatmag.com FALL 2009
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“Many of the same international trade agreements that limit governmental discretion to impose discriminatory trade barriers against goods from other countries will permit individual countries, in defined circumstances, to protect their environmental or health standards.” WHAT ABOUT OFFSETS?
Another common question that arises is whether countries could erect defensible trade barriers to protect domestic offsets relative to imports. In fact, it’s possible a country could decide only to recognize domestic GHG reductions as offset credits, just as governments usually only grant tax credits for domestic investments. It could be argued that a refusal to recognize all foreign reductions as offsets (a complete prohibition on trading of non-domestic offsets) is more likely to survive international scrutiny than any hybrid scheme where some, but not all, foreign reductions are recognized. A country that prohibits all foreign trading in a commodity can rightly claim to be treating all foreign companies and all foreign countries alike. And “trade” in offsets is really about mutual recognition of certification or verification agencies and standards between countries. The U.S. would have an interest in ensuring the integrity of any credits purchased by U.S. companies for domestic use. This implies that the U.S. would have 16 www.hazmatmag.com FALL 2009
to approve or accept a determination by a foreign agency regarding qualification of an offset credit. Since it would be impossible to have an international carbon market without an international agreement that addresses some of these trade issues, we expect many of these issues to be defined before 2012 and the replacement of the Kyoto Protocol.
WILL TRADE DISPUTES ARISE?
While it’s impossible to say whether, or where, trade disputes might arise, one thing is always clear: domestic manufacturers will demand protection from any policy that gives importers an economic advantage. On the other hand, U.S. or Canadian climate change measures that affect imported goods negatively will be closely scrutinized for compliance with U.S. or Canadian trade obligations. Unless climate change policy is neutral in terms of its trade impact, there will always be the possibility of disputes over implementation. That may explain why several groups argue that a simple carbon tax is a better option than a cap-and-trade program.
Clearly, trade laws and remedies available under multi-lateral trade agreements are not perfectly suited to address all situations that involve real barriers to trade. We have observed many instances in which governments have enacted measures that restrict trade but nevertheless prevailed when challenged. Industry cannot rely on trade agreements and domestic trade law remedies alone to achieve a level playing field. It’s important for industry to be vigilant and proactive in addressing protectionist proposals or broad policy measures that may have unintended trade impacts. In the end, forming an effective strategy early can help nip those threats in the bud and avoid the very difficult job of reversing damagHMM ing trade restrictions. Peter Kirby is a member of the International Trade-Dispute Resolution Practice Group of Fasken Martineau in Montreal, Quebec. Contact Peter at pkirby@fasken.com; Michael House is a Washington D.C.-based partner in the law firm Perkins Coie’s Business Group. Contact Michael at MHouse@perkinscoie. com
BROWNFIELDS Published by HazMat Management magazine PUBLISHE D
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SITE REMEDIATION The Guild Inn restoration project
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editorial
REMEDIATION CERTIFICATES
A
Encouraging brownfield development in Alberta
lberta government encourages brownfields cleanup. It’s hard to argue against incentives to clean up brownfields. It’s been estimated there are as many as 30,000 brownfield sites in Canada. Left unmanaged, these sites can be unsightly and burdensome for communities. Redeveloped, these sites can revitalize areas and create investment opportunities. In Alberta, there’s well-deserved multi-stakeholder support for encouraging the development of brownfield sites. Everyone from governments, developers, real-estate agents, legal services and members of professional regulatory organizations share an interest in ensuring brownfield sites are returned to productive use. For more than 20 years, the RemTech Conference, hosted in Alberta, has been a hotspot for knowledge sharing and learning with the North American contaminant remediation industry. It’s a place where remediation experts benefit from learning about new technologies and innovations for site cleanup. While the experts demonstrate environmental stewardship by focusing on remediation technology, government’s role in remediation of contaminated sites is threefold: • To create a regulatory environment that encourages the clean up of contaminated sites; • Develop guidelines that detail remediation outcomes and flexible remediation options; and • Give assurance to Albertans once remediation is complete that a site can be returned to productive use. One program that the Government of Alberta is particularly proud of is the recently-established Remediation Certificate
by Rob Renner 18 www.hazmatmag.com FALL 2009
“One program that the Government of Alberta is particularly proud of is the recentlyestablished Remediation Certificate Program.”
Program. The program encourages the clean up of contaminated sites by providing applicants with closure of regulatory liability on areas cleaned up to meet the government’s remediation guidelines. The program offers a win-win situation for operators and municipalities. The certificate provides certainty that if the remediation meets government standards, no further work will be required, and gives municipalities an opportunity to revitalize their communities. The program currently focuses on the remediation of decommissioned gas station sites as these sites are a common concern in many communities. In the near future, our plan is to expand the program to include other kinds of sites such as wellsites, pipelines, and other upstream oil and gas facilities. Alberta has remediation standards that are among the highest in the world. Alberta’s program for managing contaminated sites is designed to prevent pollution, protect human health and, with all the benefits it delivers, return brownfield sites to productive use.
Rob Renner is Alberta’s Minister of Environment. Contact Rob at rob.renner@assembly.ab.ca
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RESTORATION ENVIRONMENTAL’S DEMOLITION PROJECT AT THE OLD GUILD INN
GHOST BUSTERS
I
WHO YA GONNA CALL?
t’s a tale not only of environmental abatement, but ghost hunters. The Guild Inn project concerns rehabilitation of properties located on an 83-acre parkland site south Scarborough, a suburb on the east side of Toronto, Ontario. The site and collection of historic buildings sits atop the famous Scarborough Bluffs and has been an integral part of the small community of Guildwood since 1914. Over the years the buildings — especially the main three-storey Victorian-style house — has had many uses as an inn, an art studio and gallery; during the Second World War it was a base for the Women’s Royal Navy Service under the name HMCS Bytown II. As the former owners were patrons of the arts, there are a number of beautiful statues on the grounds. Interestingly, there are also a number of entrances from Toronto heritage buildings here, more than 60 structures in all, amassed from buildings such as the Toronto Bank Building and the home of Sir Frederick Banting. Such is the beauty of this site that it has been used in numerous commercials and movies, along with the thousands of weddings ands other formal gatherings. In the late 1970s the property was purchased by the Toronto and Region Conservation Authority. A large
by Guy Crittenden 20 www.hazmatmag.com FALL 2009
“Concrete rubble and old brick was utilized by the city as fill in roadway construction along the Scarborough Bluffs.”
seven-storey addition to the old Victorian-style house was used as hotel; in 1993 the building was donated to the Municipality of Metropolitan Toronto. When the hotel was closed in 2003, the site was used primarily for wedding photos and as a park. The seven-storey hotel addition fell into disrepair and was the subject of break-ins, including entry by ghosthunters who believe that a ghost haunted the 6th floor of the hotel, and that two ghosts still haunt the main house. The local community association pushed for the site to be tastefully redeveloped, and the old historic house preserved. Toronto finally approved the project in September 2008, in partnership with Centennial College, which plans to operate a hotel, restaurant, and conference centre on the site for use in association with the school’s hospitality courses, as well as to house the college’s Cultural and Heritage Institute. The first phase of the site restoration was the demolition of the seven-storey hotel addition.
Demolition and remediation Restoration Environmental Contractors (REC) won the tender contract to demolish the old hotel. The company was well qualified for the work, as the old building contained environmental contaminants that needed special handling. REC has completed other high-profile jobs in the recent past, including two LEED projects: Regent’s Park (where REC scored 94 per cent on LEED criteria) and the Jacques Cartier facility at Queen’s University in Kingston (where the LEED score was 75 per cent). The Guild Inn was not a LEED project but was nevertheless treated by REC as an environmental project with attention paid to such things as the 3Rs hierarchy for the handling of recyclable building materials. The company started in the usual way by fencing the property and installing its site trailer. An engineer scoped the job, recommending the safest sequence for bringing the
REC used a high-reach demolition excavator (Caterpillar’s 330D-UHD) on the higher portions of the building.
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Facades from more than 60 old buildings from Toronto‘s downtown decorate the expansive gardens on the property.
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The main house was at one time the home of Sir Frederick Banting.
old building down. Specially trained workers selected from REC’s 80 full-time staff conducted mold abatement (due to water infiltration from years of disuse) and asbestos remediation; asbestos was present as insulation on pipes, boilers, elbows and fittings, and in asbestos caulking and floor tiles. The company also had to deal with unusual threats of another kind; threatening emails from occult believers upset that the aforementioned ghosts’ habitat was being disrupted. Materials segregated in the selective strip out accord-
Helping you with the Science of Brownfields Intrinsik Environmental Sciences Inc. is a leading science-based consulting firm, with more than 20 years of experience assisting our clients by providing them with leading edge scientific knowledge and advice related to the protection of human health and the environment.
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ing to recyclability. Wood was separated from metal, etc. and some materials were recovered for recycling such as metal balconies. Some furniture items such as lamps were recovered for reuse, but some items such as old beds and other furniture was landfilled, due to water damage and mold. Concrete rubble and old brick was utilized by the city as fill in roadway construction along the Scarborough Bluffs. Of special note was REC’s use of a high-reach demolition excavator (Caterpillar’s 330D-UHD) on the higher portions of the building. “In addition to health and safety training for our workers, we find that the use of heavy equipment like the high-reach excavator makes this sort of project relatively safe compared to many years ago,” says REC President Don Bremner.
Guy Crittenden is editor of this magazine. Contact Guy at gcrittenden@hazmatmag.com Contact Restoration Environmental at rec@restorationenvironmental.com
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Environmental Engineers and Scientists
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CANADIAN COMPANIES COULD CASH IN ON GLOBAL MARKET
C
ENVIRONMENTAL TECHNOLOGY
anada’s economy may be struggling, but if one Ottawa company’s success story is anything to go by, the country’s environmental technology sector could be poised for growth. In February 2009, the Ontario Ministry of Research and Innovation (MRI) announced $4 million in funding for EcoVu, a clean water technology company. EcoVu developed a technology that detects contaminants and purifies water in one step — a cheaper, faster process than two-step water purification, which requires sending samples to a lab. The technology can be applied to water in a range of industries from pharmaceutical to mining and metals. The MRI’s support will help fund EcoVu’s six demonstration projects, like cleaning Carleton University’s heat transfer system and the cooling system at Algonquin College in Ottawa. One of its bigger projects, which President and CEO Ray Novokowsky valued at $10 million, involves cleaning radioactive liquid waste at the Chalk River Laboratories, a nuclear research facility. Novokowsky said EcoVu made the nuclear industry a main focus when it first started off five years ago. Since then, EcoVu has picked up several awards. It won the Ottawa Centre for Research and Innovation’s Life Sciences 2008 Company of the Year Award. It was among the country’s Top 10 Cleantech Companies Competition in 2007. The year before, it won the Top Three in Canada Award in the bioproducts, energy and environmental category. The MRI has said that with global demand for water treatment products expected to reach US$40 billion in 2011, EcoVu has potential to tap into that growing market. Other cleantech companies may get that chance as well — Ontario has committed close to $3 billion to innovation, including cleantech, through the Ontario Innovation Agenda. Meanwhile, its proposed Green
by Erika Beauchesne 24 www.hazmatmag.com FALL 2009
“North American venture capital investment in clean technology reached $3.5 billion in 2006 — a 45 per cent growth since 2005.”
Energy Act, 2009 would introduce actions like streamlined approvals to make renewable energy projects easier to realize. The clean technology sector is picking up steam outside of Ontario as well, according to a report by OCETA and the Russell-Mitchell Group Inc. The Clean Technology Report, released in February 2009, found that North American venture capital investment in clean technology reached $3.5 billion in 2006 — a 45 per cent growth since 2005. There are currently 6,000 Canadian firms employing 250,000 people to provide innovative clean solutions, the report said, adding that Canada ranks 13 out of 17 other developed countries when it comes to commercializing technology innovations. But the report also identified challenges for the sector, like the small size of Canadian markets. “Domestic clean technology companies must sell their innovations to global markets for long-term success,” the report said. Some Canadian companies, like Vancouver-based Smartcool Systems Inc., already have. The company’s ECO3(tm) product increases energyefficiency in air conditioners and refrigeration systems. Over 26,000 units have been installed in supermarkets, food distributors, hospitals and hotels worldwide. The company announced in March 2009 that it had just sold another 500 units to an Australian heating, ventilating and air conditioning distributor. To help companies get their innovations up and running, Sustainable Development Technology Canada (SDTC) is investing $1.05 billion in Canadian clean technology companies, including technologies for the rehabilitation of contaminated sites. Although the SDTC is encouraging applications to all sectors, it sees tremendous growth potential for technologies that address issues related to clean water and soil, like water purification, waste and stormwater treatment, and soil decontamination. More information on the SD Tech Fund is available at www.sdtc.ca/en/index.htm The Clean Technology Report is available at www.oceta. on.ca NOTE:This article first appeared in our affiliate online news service at www.EcoLog.com (06/03/2009)
Erika Beauchesne is a writer with EcoLog in Toronto, Ontario. Contact Erika at ebeauchesne@ecolog.com
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26 www.hazmatmag.com FALL 2009
MARKETPLACE Intelligent compaction control Lance Delker, Assistant Manager with Williamson Equipment, surrounded by some of the 500,000 parts in stock at their facility serving all of North America. Williamson distributes Ammann equipment from a new facility in Edmonton that opened July 1st of this year.
ACE, the Ammann Compaction Expert, is an electronic measuring and control system for vibrating rollers that automatically adjusts the amplitude and frequency to suit the characteristics of the ground. The system has been available in larger Ammann machines for several years, helping operators to achieve target levels of compaction without overcompacting or loosening material. Ammann now offers the same technology for light compaction equipment, including its AVH 6030 model, a three-shaft high performance vibratory plate compactor, and its RW 1504HF trench roller. ACE-equipped machines provide continuous measurement of absolute compaction values, automatic adjustment of compaction parameters and comprehensive documentation of the compaction process. Contact peter.price@ammann-group.com
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PLANT GROWTH FOR EFFECTIVE ON-SITE DEGRADATION OF PETROLEUM HYDROCARBONS IN SOILS
PHYTOREMEDIATION R
apid and effective remediation technologies for removal of persistent soil contaminants such as polycyclic aromatic hydrocarbons (PAHs), petroleum hydrocarbons (PHCs), pesticides and salt are in great demand. We have developed phytoremediation systems to meet this demand. They’re based on the use of “plant-growth promoting rhizobacteria” (PGPR) to alleviate plant stress during remediation. These “PGPR enhanced phytoremediation systems” (PEPS) were developed through extensive laboratory research, greenhouse studies and field trials over the past 10 years. PEPS for removal of PHC from soils on-site has been successfully applied at a number of sites in Canada. We are now performing full scale remediation programs on second generation sites. For soils with initial PHC levels up to 20,000 mg/kg, PEPS is capable of on-site PHC remediation to generic regulatory guideline values within two to four years. Using PEPS, site closure can be achieved at a fraction of the cost of other remediation strategies. One of the key components of PEPS is the use of PGPR that promote plant growth under stress conditions. PGPR used in PEPS are non-pathogenic and pose no risk to the environment. PEPS is a “green” technology that effectively degrades all CCME PHC fractions, including the recalcitrant F3 and F4 fractions, on site. Recently, we have adapted this novel technology for use at salt impacted sites.
Technical detail PEPS is currently being deployed in British Columbia, Alberta, Saskatchewan, Manitoba, the Northwest Territories, Ontario and Quebec for full scale on-site re-
by Bruce Greenberg & Perry Gerwing
mediation of soils impacted with PHC or salt. This technology combines three processes to achieve rapid and effective remediation. Physical soil treatment enhances soil aeration and photochemical degradation of PHCs; addition of soil amendments and seedbed preparation ensures successful seed germination and plant establishment. Sustained growth of PGPR-treated cereal and grass species (phytoremediation) results in rapid and effective remediation of PHC- and/or salt-impacted soils. For instance, the average efficiency for soil remediation of sixteen priority PAHs and CCME PHC fraction 3 (F3; C16-36) using PEPS over a four-month period (one growing season) was twice that of land farming, and 1.5 times that of plant growth alone. Full scale on-site field trials have shown that PEPS is capable of complete remediation of PHC impacted soils (with PHC up to 20,000 mg/kg) in a two to four year time period. One of the most important components of PEPS is the use of PGPR, which are a group of free living non-pathogenic soil bacteria (mostly pseudomonads) that associate with plant roots. Their association with plant roots promotes plant growth under stress conditions. Importantly, the PGPR used in PEPS are also capable of degrading PHC in soil. Thus, the dual role of PGPR not only allows plants to grow vigorously in soil containing complex mixtures of PHCs, but also results in the effective degradation of PHCs. Furthermore, field research has shown that growing plants inoculated with PGPR increases the population of petroleum degrading microbes in rhizosphere soil by 5- to 7-fold relative to plants grown without PGPR. This elevated rhizosphere activity leads to the rapid degradation of PHC. Notably, all fractions of PHC, including the more recalcitrant fractions (CCME fractions F3 and F4), are degraded in the soil using PEPS. Thus, PEPS is a “green” remediation technology that actually results in consumption of the PHC, lowering liability at contaminated sites. Furthermore, it’s cost effective; e.g., the cost of PEPS is $25 to $50 per m3 compared to $75 to $150 per m3 for other remediation strategies.
“The cost of PEPS is $25 to $50 per m3 compared to $75 to $150 per m3 for other remediation strategies.” FALL 2009 HazMat Management 27
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Figure 1A. Peace River, Alberta, site remediation.
Implementation on first generation sites From 2006 to 2008, PEPS was successfully deployed to fully remediate four PHC impacted sites in Canada. Three were upstream oil and gas sites in Alberta and one was a former service station in Manitoba. The three Alberta sites are described below.
Site 1 Background information: The site is located near Peace River, AB. An area of 4,750 m2 was impacted with PHC at ~2,200 mg/kg (~ 40 per cent F3, with several sampling points that exceeded the applicable Alberta Tier 1 remediation guidelines). The PHC originated from upstream oil and gas activities and was highly weathered. The PHC impacted soil was excavated from a former earthen (i.e., flare) pit and was spread to a depth of 0.50 m across a treatment area. The impacted soil had a high clay content, poor structure and tilth, and was deficient in essential plant nutrients. Remediation operation: In 2006, impacted soil was excavated from the former earthen pit and was homogenized prior to placement on a prepared treatment pad. Prior to planting, the soil was homogenized and aerated. In late August 2006, after seed bed preparation was complete, a seed mix of one annual and two perennial grasses was broadcast and harrowed into the treatment zone soil. Prior to sowing, the seeds were treated with a mix of two PGPR. In 2007 and 2008, the site was over-seeded with three species (a cereal, an annual grass and a perennial grass). Prior to planting, the site was prepared for plant growth. As in 2006, all seeds were treated with PGPR. A broadcast seeder was used for planting, followed by harrowing to bury the seeds into the surface soil. Results: The late August planting in 2006 did not generate a great deal of vegetation due to an early frost. The Spring 2007 over-seeding resulted in excellent germination and vigorous plant growth. After four months of plant growth 28 www.hazmatmag.com FALL 2009
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Figure 1B. Peace River Site
(June to October 2007), the plants reached full maturity, the vegetation coverage was 100 per cent and root penetration was to a depth of ~40 cm (Fig. 1A). Gravimetric assays of PHC in soil samples before and after plant growth indicated that PHC levels decreased from an average of 2,200 mg/kg to 1,600 mg/kg (~ 30 per cent remediation) in less than four months of plant growth (Fig 1B). In 2008, the perennial grasses seeded in 2006 and 2007 over-wintered well and covered ~ 85 per cent of the field. The site was over-seeded in July with a three species mixture of PGPR-treated seeds, as was done in 2007. The plants again grew well and vegetation coverage was approximately 100 per cent after three months of plant growth. In the Fall of 2008, all soil sampling points had PHC and F3 levels below applicable Alberta Tier 1 remediation guidelines. From 2006 to 2008, PEPS resulted in total PHC dropping from 2,200 mg/kg to 950 mg/kg (Fig 1B). The average F3 level decreased from 500 mg/kg in 2007 to 200 mg/kg in October 2008; an overall 60 per cent decrease. Based on the results of PHC analyses by both in-house gravimetric assays and CCME analyses conducted by a commercial accredited analytical lab, the PHC impacted soils at this location were completely remediated to Alberta Tier 1 standards.
Site 2 Background information: The site is located 20 km north of Edson, AB. An area of 12,000 m2 was impacted with ~2,000 mg/kg PHC, of which more than 90 per cent was F3. The F3 PHC exceeded the applicable Alberta Tier 1 remediation guidelines at several sampling points. The PHCs originated from previously landspread diesel invert drilling mud. The PHC had been in the soil, and were treated at this site, for more than a decade prior to PEPS being used. All of the PHC impacts were within the top 0.50 m of the soil profile and vegetation at the site was sparse. The soil at this site had a poor structure, was low in organic matter, was nutrient deficient, and contained an abundance of rocks.
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June 2007 and June 2008. A field survey conducted after the 2008 growing season (October) showed plant ground coverage to be 100 per cent. The average PHC remediation was 30 per cent in 2008 (1,000 mg/kg in Fall 2008, down from 1,400 mg/kg in Spring 2008) (Fig. 2B). At the end of the 2008 season, 10 of 12 sampling points had F3 levels below the Alberta Tier 1 remediation guidelines for fine grain soils (1,300 mg/kg). By the Spring of 2009, the two sampling points that had exceeded remediation guideline values the previous fall, complied with the applicable guidelines. Thus, based on the results of CCME analyses conducted by a commercial accredited analytical lab, the PHC impacted soils at this location were completely remediated to Alberta Tier 1 standards. The site is now undergoing final reclamation activities prior to site closure. Figure 2A. Edson, AB site.
Figure 2B. Edson PHC data.
Remediation operation: Prior to planting in 2006, the soil was tilled and fertilized as required. On September 8, a PGPR-treated three seed mix of annual and perennial grasses was sown as was described for Site 1. In the Spring of 2007 and 2008, over-seeding with PGPR-treated cereal and grass species was conducted as was outlined for Site 1. Prior to over-seeding, the soil was sampled. At the end of each growing season, the site was assessed for plant growth and the soil was sampled to determine the extent of remediation. Results: A vegetation cover was established after the Fall 2006 planting and growth resumed in the Spring of 2007. In Spring 2007, vegetation coverage at the site was ~ 50 per cent before over seeding. After the 2007 over-seeding, plants grew vigorously to maturity. In less than three months (July 11 to October 5), the ground vegetation coverage was more than 90 per cent (Fig. 2A). In-house gravimetric soil assay results for the entire site indicated that the average PHC level decreased by 22 per cent between
Site 3 Background information: The site is ~ 20 km north of Hinton, AB. An area of 3,850 m2 had been impacted with ~1,200 mg/kg PHC for more than a decade. The highly weathered PHC had originated from diesel invert drilling mud and was ~ 80 per cent F3. The F3 PHC levels exceeded remediation guidelines at several sampling points across the site. A previous remedial strategy for this site was to compost the impacted soil using wood chips. Subsequent to composting and prior to implementation of PEPS, the wood chips were found to severely inhibit plant growth. The impacted soil was fine grained, deficient in nutrients, contained a significant proportion of wood chips and produced phytotoxic effects to non-PGPR treated seeds. Remediation operation: Prior to planting in the Spring of 2007 and 2008, the soil was tilled and fertilized as required. A PGPR-treated four seed mix of cereal and grasses was used as per Sites 1 and 2 above. A broadcast seeder was used for planting, followed by harrowing and roller packing the soil to achieve good seed-soil contact. Results: In 2007, plants germinated and grew vigorously on the impacted soil. After three months of plant growth (July to October), the ground coverage was ~ 80 per cent with root penetration depth of ~ 0.3 m (Fig. 3A). In-house gravimetric assays of soil samples before and after plant growth indicated that PHC levels decreased from an average of 1200 mg/kg to 700 mg/kg; an overall decrease of 42 per cent in three months. In 2008, plant growth was also very good with ≼ 85 per cent ground coverage. Soil samples were taken before planting and at the end of the 2008 growing season. In-house gravimetric assays of soil samples collected from the main area of the site indicated that PHC levels had decreased from an average of 1200 mg/kg in June 2007 to 400 mg/kg in October 2008; an overall 66 per cent decrease in two growing seasons (Fig. 3B). Most importantly, all the sampling points had PHC concentrations, as measured at an accredited commercial laboratory, FALL 2009 HazMat Management 29
BROWNFIELDS
MARKETPLACE
Figure 4A. Swan Hill before remediation. Figure 3A. Hinton, AB site.
Figure 3B. Hinton, AB PHC.
below 1,000 mg/kg. All sampling points met Alberta Tier 1 remediation guidelines for F3 PHCs in fine grain surface soils in natural areas (< 1300 mg/kg).
Implementation on second generation sites In 2009, following the successful full scale remediation at the three sites described above, we initiated full scale PEPS programs at five new sites (three are in British Columbia, and two are in Alberta). In addition, we initiated a small scale trial at a soil treatment facility in Quebec. One of the Alberta sites is briefly described below. 30 www.hazmatmag.com FALL 2009
Figure 4B. Swan Hill after planting.
Background information: The site is located 20 km east of Swan Hills, Alberta. The PHC impacted soil was excavated from a previously buried drill sump. A treatment pad was constructed and the impacted soil was spread. The PHC levels ranged from 3,000 to 5,000 mg/kg. The soil being treated was clay to clay-loam textured, and deficient in both nutrients and organic matter.
BROWNFIELDS
MARKETPLACE
“Field research has shown that growing plants inoculated with PGPR increases the population of petroleum degrading microbes in rhizosphere soil by 5- to 7-fold relative to plants grown without PGPR.” Remediation operation: Prior to planting in 2009, the soil was tilled and mixed to attempt a homogenous distribution of the PHC (Fig. 4A). Both fertilizer and organic matter amendments were added to the soil prior to planting. On June 26, a PGPR-treated four seed cereal and grass mix was sown. A broadcast seeder was used for planting which was followed by harrowing the soil. A field assessment on July 30, 2009 revealed good plant coverage, and vigorous growth was observed (Fig. 4B). It is anticipated that endof-season sampling (i.e., in October 2009) will reveal PHC remediation commensurate with the results we achieved at our first generation BROWNFIELDS 1/2 sites. 9/14/09 4:13 PM Page 1
Bruce Greenberg, Ph.D., is President of Waterloo Environmental Biotechnology Inc, in Hamilton, Ontario and Professor, Department of Biology, University of Waterloo, Waterloo, Ontario. Contact Bruce at greenber@uwaterloo.ca Perry Gerwing, M.Sc., P.Ag, is President of Earthmaster Environmental Strategies Inc. in Calgary, Alberta. Contact Perry at perry.gerwing@earthmaster.ab.ca Xiao-Ming Yu, Ph.D., Xiao-Dong Huang, Ph.D., and Karen Gerhardt, Ph.D., of Waterloo Environmental Biotechnology Inc. contributed to this article.
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environment-business
Made to Measure
Measuring and monitoring technologies for the 21st Century by John Nicholson, M.Sc., P.Eng.
A
tricorder is a handheld device used for scanning an area and displaying data, and recording information. Utilized by Star Fleet personnel in the 23rd century, tricorders were useful for away teams visiting an unknown planet. A tricorder could quickly and easily determine the composition of rocks, the location of nearby water bodies, and the existence of subsurface anomalies. We live in the 21st century and the tricorders used on Star Trek have yet to be invented. Nonetheless, the advances made in the past 20 years on measurement and monitoring of contaminated sites has been substantial. (In fact, some of the equipment designers are Star Trek fans and have deliberately tried to mimic the look of the TV show devices.)
ANALYTICAL LAB SERVICES
used to provide rapid screening data or laboratory quality confirmatory analyses or organic contaminants. A system could weigh70 pounds and require 600 watts of electrical power. A number of hand-held and otherwise field-portable analytical units are commercially available for field analysis of volatile organic compounds (VOCs) in groundwater. One particular commercial device can fit comfortably in one hand and measure multichlorinated hydrocarbons and BTEX using surface acoustic wave sensors. Each sample can be analyzed in approximately two minutes.
SITE ASSESSMENT A typical Phase I environmental site assessment (ESA) provides an indication of actual or potential environmental liability associated with the property as a result of current and historical property uses and to highlight areas of focus for the Phase II ESA investigation. With the advances in measurement technology, it’s possible to make a more definitive statement on if contamination exists at a property and if so, to what extent. Likewise, advances in monitoring technologies allow a remediation professional and nearly track the speed of clean-up in real-time from anywhere in the world. Advances in mobile measurement and monitoring technology are blurring the line between a Phase I and Phase II ESA and the line between a Phase III (cleanup) and Phase IV (confirmatory analysis). Real-time measurement and monitoring has resulted in a faster and less costly determination on what contaminants exist on a site and the extent of the contamination.
A number of technological advances in instrumentation and automation have influenced how analytical laboratories deliver services. In his 13 years in the laboratory services business, Marcus Maguire, Senior VP of AGAT Laboratories, has seen major changes in the sector. “Automation of analysis, the ability of instrumentation to measure smaller concentrations of contaminants with much greater accuracy are among the major changes that have occurred over the last 10 years in the lab industry, says Maguire. With respect to delivery of laboratory services, the big driver is the decrease in the per sample cost for analysis and the speed at which results are delivered. “When I first started out in the business, the typical delivery of lab results was two to three weeks,” says Maguire. “Today you can get results in three to five days. “With cheaper cost-per-sample analysis, consultants can collect more samples and better delineate the extent of contamination at a site.” FASTER AND CHEAPER With analytical laboratories capable of measuring ever decreasing concentrations of contaminants in considerFIELD INSTRUMENTATION Over the past twenty years, there has been research on ably less time and field instruments delivering the same, field instruments that can measure chemical and biologi- the delivery of contaminated site cleanup consulting will need to evolve. Greater emphasis will be placed on the cal contaminants in real-time. Field portable X-ray fluorescence (FPXRF) analyz- ability of the remediation professional to interpret anaers are capable of detecting and measuring inorganic lytical results and quickly select most effective treatment analytes in soil. An FPXRF analyzer is about the size method, both from a treatment and cost perspective. Consulting firms and remediation contractors that of an old-fashioned mobile phone. The analyzer works by placing it in direct contact with the field soil surface. embrace new measurement and monitoring technologies Results are displayed within seconds. The FPXRF has will be able to differentiate themselves from competitors and shown potential to quickly and effectively determine provide value-added services that result in faster delineation metal concentration in soils, delineating contaminant hot on the extent of contamination and faster cleanup. HMM spots, and evaluating the effects of remediation. A Field-Portable Gas Chromatograph/Mass Spec- John Nicholson, M.Sc., P.Eng. is based in Toronto, Ontario. trometer (GC/MS) is a versatile instrument that can be Contact John at john.nicholson@ebccanada.com
The HAPSITE ER, a personportable GC/MS for immediate, on-site investigation and analysis of volatile organic compounds (VOCs) in air, water and soil at parts per trillion (ppt) for most analytes.
John Nicholson
“Advances in mobile measurement and monitoring technology are blurring the line between a different phases of environmental site assessment.”
FALL 2009 HazMat Management 33
hazmat-training
Ethanol ER training
S
afety is the top priority of the ethanol industry and those who transport and bring ethanol to the marketplace. It is with this commitment in mind that the Ethanol Emergency Response Coalition (EERC) has compiled and released the Complete Training Guide for Ethanol Emergency Response, to help prepare ethanol producers, transporters and first responders who may experience or come in contact with an ethanolrelated emergency. This complete training package includes two videos, an instructor’s guide, interactive workshops and seven modules and PowerPoint presentations, each focusing on a specific and important aspect of ethanol response. Guidelines are also given for fire departments and first responders that have ethanol production facilities in their communities. As the ethanol industry continues to expand to all parts of the coun-
34 tharris_half_pg.pdf www.hazmatmag.com 1FALL 2009
try, it is inevitable that most people will encounter ethanol one way or another. It is important that those responsible for the safety of these communities are well prepared and trained for responding to ethanol related emergencies. This training package is extremely beneficial with information about ethanol and other fuel related incidents, giving first responders the knowledge and training they require. “Ethanol has become an integral component of North America’s fuel supply. As such, transportation of this renewable fuel has become more frequent throughout the United States and Canada. Despite all efforts to prevent accidents, there is the possibility of one happening, and it is essential that the first responders act immediately to the ethanol emergency incident as fully prepared as possible to deal with the situation,” says Kristy Moore, Director of Technical Services for the Renewable Fuels Association.
The Ethanol Emergency Response Coalition (EERC) was formed to support safety concerns with the transporting and handling of renewable fuels, specifically ethanol and ethanol blended fuels. As increasing amounts of renewable fuels are produced, it is critical that first responders have the knowledge necessary to respond to these incidents. The EERC consists of organizations representing emergency responders and the industry including the Renewable Fuels Association, the International Association of Fire Chiefs, the International Liquid Terminals Association, Ansul Fire Protection, Industrial Fire World and Williams Fire Hazard Control.
Please direct questions to Kristy Moore at kmoore@ethanolrfa.org To reserve a hard copy of the training guide, contact Taryn Morgan at tmorgan@ethanolrfa.org
2/16/07 9:24:30 AM
chemical-corner
Diesel Emissions
Mining and other sectors could benefit from reduction strategies by Erika Beauchesne
C
anadian regulations on diesel particulate matter (DPM) may be less stringent than those in the United States, but Natural Resources Canada Researcher Michel Grenier says that shouldn’t stop companies from taking advantage of new technologies and practices that can protect environmental and worker health and safety. Regulatory change is coming, too. DPM is the particulate matter in diesel emissions. It consists of hundreds of different compounds and chemicals, like sulphates, metals and ash. Currently in Canada, DPM is only regulated in the mining industry, where diesel engines are used for activities like haulage, drilling and transporting personnel. The U.S. Environmental Protection Agency (EPA) has deemed DPM a hazard to humans and lab testing
on rats has related chronic DPM inhalation to tumours. Recent studies have also shown that DPM exposure can lead to cardiovascular problems. Grenier, who works with the Underground Mine Environment and Ventilation Research Program at Natural Resources Canada, said that methods of testing for DPM have improved. In the early 1990s, Canada started using the respirable combustible dust (RCD) method of testing for DPM. But the RCD method only detects up to 0.04 milligrams per cubic metre (mg/m3). “This was a good first try, but we can do better than this,” Grenier says. He thinks a better measurement is the NIOSH (National Institute for Occupational Safety and Health)
“The U.S. EPA has deemed DPM a hazard to humans and lab testing on rats has related chronic DPM inhalation to tumours.”
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5040 method that can detect a limit of 0.001 mg of elemental carbon and 0.005 mg of organic carbon. Some provinces have been quicker than others to catch on to the new technology. British Columbia, New Brunswick, and Quebec still use the RCD method. Saskatchewan requires its mines to use the NIOSH 5040 method, even though the province has no exposure limit for DPM. In most provinces, the exposure limit is 1.5 mg/m3, except for Quebec where the limit is 0.6 mg/m3. Ontario, meanwhile, is proposing a new limit of 0.4 mg/m3. “When it’s enacted, which should be in the next year, it will be the lowest DPM limit in Canada,” Grenier states. But the province’s proposed cap is nowhere near as tight as limits in the U.S., where Grenier says mining companies “are in a bit of a pickle right now.” In May 2008, the U.S. introduced a cap of 0.160 mg/ 9/17/09 3 9:39 AM Page 1 m , which is being challenged legally by mining industry associations. “Mines in the U.S. have to work really, really hard to meet this,” Grenier offers.
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In Canada, most mining companies are managing to meet requirements. Only seven per cent of mines in Ontario went above the proposed 0.4 mg/m3 cap, according to 2008 Canadian Underground Mine Data. And just two per cent of Quebec mines failed to meet the province’s 0.6 mg/m3 maximum. Regardless of varying regulations, there are measures that all companies can take to reduce DPM, starting at the source. “Investing in a clean, modern engine is probably the best thing you can do right off the bat,” Grenier says. A list of certified mine engines, which are required in some provinces like Quebec, is available at Natural Resources’ website. Grenier also says employees should be fully informed of best practices like ensuring adequate ventilation and working equipment, and keeping idling to a minimum. “Some mine operators keep their equipment idling needlessly, like you would when you go to Tim Hortons,” he quips.
The conference will focus on two environmental issues in Ontario: the proposed amendments to Ontario Brownfield Regulation 153/04; Extended Producer Responsibility and Zero Waste initiatives under Ontario’s Waste Diversion Act. There will also be a round table on the Green Energy Act; its application to waste facilities and brownfield sites. One full-day, two simultaneous tracks followed by a round table. Early Bird Registration $459.00 before October 15, 2009, $559.00 after. SAVE $100! Supporting organizations:
36 www.hazmatmag.com FALL 2009
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Grenier recommends performing emissions-based upkeep, which includes not only maintaining things like intake filters, leaks, and exhaust, but also measuring the impact afterward. “We’ve seen pretty amazing results from simple things like washing a catalytic converter,” Grenier says, adding that the only way diesel manufacturers would likely meet strict emissions standards is with the combined use of catalytic converters, particulate filters and advanced technology that uses selective catalytic reduction (SCR). SCR reduces nitrogen oxide from exhaust gases. Natural energy sources could also play a role in reducing DPM. “Hybrid will likely be the next generation of vehicles underground,” Grenier notes, adding that tests so far have shown a 65 per cent reduction in overall exhaust contamination, when used with a ceramic filter. And some Ontario mines are currently testing the use of biodiesel. Cleaner fuel could reduce DPM, although it could cause nitrogen dioxide levels to rise.
Hydrogen fuel cell technology could also have a huge impact on underground air quality. “But there are serious safety aspects related to storing hydrogen underground,” Grenier points out, noting that a lot more research needs to be done. Whatever innovations come out of that research could be applied to other industries as well. “Urban bus garages where maintenance is being performed, the ambulance base at hospitals, and airport luggage handling areas are all places where diesel exposure is likely,” Grenier says. Grenier spoke at the Health and Safety Canada 2009 IAPA Conference and Trade Show in Toronto on April 20, 2009. HMM NOTE:This article first appeared in our affiliate online news service at www.EcoLog.com (5/8/2009).
Erika Beauchesne is a writer with EcoLog in Toronto, Ontario. Contact Erika at ebeauchesne@ecolog.com
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New foam gloves New Lunar Foam nitrile palm dip gloves from West Chester Holdings are ideal for all types of commercial and industrial applications. A white or salt-and-pepper nylon shell is dipped over the palm and fingertips with full saddle coverage. This gives them extra grip on wet or oily materials, and better surface adhesion on dry applications. Sizes from xs to xxl ensure a proper fit and optimal dexterity. Antibacterial surfactants prevent odours and bacteria from forming. Lunar foam nitrile gloves are well suited for wet, oily, and dry applications such as bottling and canning, recycling, manufacturing, materials handling, maintenance applications, small parts assembly and more. PosiGrip® gloves include a knit wrist for wearer comfort. They’re machine washable and silicone free. Visit www.west-chester.net
Hazmat suit gains EN Certification Saint-Gobain Performance Plastics is pleased to announce that its ONESuit® Pro hazmat suit has earned the highest level of certification recognized within the EU and Asia. The British Standards Institute has deemed the suit compliable with the recognized benchmark in fire and hazmat safety for 30 different member countries, EN 943-2 Type 1a standard. Along with EN certification, ONESuit Pro is the only ensemble certified in the United States to both NFPA 1991 and NFPA 1994 standards. European certification requires testing not only the fabric, but the entire ensemble to ensure it is an effective barrier against hazardous materials. Seam type, glove, boot, respirator interfaces and closure systems all undergo rigorous testing during the certification process. Specifically, the EN 943-2 Type 1a standard covers protective clothing against liquid and gaseous chemicals, including liquid aerosols and solid particles, meeting performance requirements for “gas-tight” chemical protective suits for emergency teams. Visit www.onesuittec.com
38 www.hazmatmag.com FALL 2009
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Overhaul protection for firefighters The new “overhaul” library for the ChemProTM100 is designed to protect firefighters during the post fire clean-up/investigation process called “overhaul.” While long considered to be less toxic than firefighting suppression activities, studies demonstrate that overhaul and investigation activities do represent opportunities for both acute and chronic toxic events. Currently fielded gas detection technologies are unable to see the complete picture to provide full protection for all the gas and vapor toxic threats present in these environments. The multisensory technology in the Environics’ ChemProTM100 provides the opportunity to detect all the toxic gases and vapors present in the overhaul environment and alert operators that a toxic event is happening that requires them to “mask up” or exit the overhaul environment. Carbon Monoxide (CO) and now Hydrogen Cyanide (HCN) sensors have been sold as “overhaul” sensors to provide firefighters with some sense of security that they are unmasking in a “clean” atmosphere. But CO and HCN sensors are not appropriate “canaries” for judging total toxicity in an overhaul environment. The ChemProTM100 warns firefighters when toxic levels of the typical gases and vapors found during overhaul are present by providing audio and visual alarms. Environics’ groundbreaking aspirated Ion Mobility Spectroscopy (IMS) technology forms the heart of our multi-sensor detector providing quick response, high sensitivity and low cost of ownership that is similar to the cost of owning a high-end confined space monitor. The handheld ChemProTM100 was originally developed for the rigorous world of Chemical Warfare Agent (CWA) detection, this and other new “libraries” allow the ChemProTM100 to characterize additional chemical threats. Visit www.environicsusa.com
Fluorescent dye detects equipment leaks OIL-GLO™ 44, a patented, fluorescent leak detection dye that is formulated specifically for large-capacity industrial systems. It is actually a unique “fullspectrum” blend of two different fluorescent dyes — one fluoresces best under ultraviolet light and the other under blue light. As a result, regardless of the type of inspection lamp used, OIL-GLO 44 will glow brightly to reveal even the smallest and most elusive leaks. This new dye pinpoints leaks in all oil-circulating systems. It quickly detects leaks in hydraulic systems, air compressors, cylinders, engines, gearboxes, offset printing presses, milling and injection molding machines, oil coolers, and much more. OIL-GLO 44 contains over twice the amount of fluorescence power per ounce as other dyes on the market, so it is extremely cost-effective. Simply add OIL-GLO 44 dye to any oil-based system and allow it to circulate. Wherever there is a leak, the dye escapes with the oil and remains at the site of all leaks. When the system is scanned with a high-intensity ultraviolet or blue light lamp, the dye glows bright yellow-green. OIL-GLO 44 remains safely in the system until the oil is changed, so regular inspections will detect any future leaks before they can damage the equipment. Visit www.spectroline.com FALL 2009 HazMat Management 39
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FEATURE PRODUCT Oxygen analyzer
AAI presents an industry-proven and cost-effective solution for oxygen monitoring needs: the TDL-506. At the forefront of a heavily saturated market, the TDL-506 outperforms competitors by virtue of its robust, evolved design. Harnessing the full potential of surfaceemitting laser technology, this system is built to produce accurate, fast, and stable oxygen measurements in even the most volatile process streams. The TDL-506 is named for its core component: the tunable diode laser. The ability to emit high-intensity light at an extremely specific wavelength is critical for monitoring the sharp, isolated absorbance peaks that are characteristic of diatomic oxygen. Rugged and powerefficient, the vertical-cavity surface-emitting laser (VCSEL) housed in the TDL-506 provides this ability. This system is constructed specifically to monitor the R-branch of the oxygen A-band at 760 nm, minimizing interference and optimizing detection resolution.
Introduction to VCSEL Technology
The laser diode built into the TDL-506 is largely a byproduct of a global, multi-decade telecommunications initiative. With the advent of the internet in the late 1980s came a vision of groundbreaking network speeds and optical computing (transmitting and storing information using photons rather than electrons), all driven by lasers. Conventional distributed feedback (DFB) lasers were extremely expensive, difficult to manufacture, and thus commercially impractical; a complete redesign of the laser diode was in order. The efforts were fueled by heavy investments from the Defense Advanced Research Projects Agency (the research arm of the U.S. Department of Defense), which sought to use the still embryonic networking technology for various military systems. The vertical-cavity surface-emitting laser (VCSEL) was born. Unlike its predecessors, the VCSELâ&#x20AC;&#x2122;s manufacturing costs are low, and the units can be tested at the mid-production wafer level. Although the technology was developed primarily with projects such as Gigabit Ethernet and commercial photonics in mind, AAI engineering has deployed the VCSEL for process monitoring in the form of the elegant TDL-506. This analyzer was built to fulfill the performance specifications of the most demanding oxygen sensing applications at a price point which is simply unfeasible for any system constructed around the older, industrially entrenched DFB lasers.
40 www.hazmatmag.com FALL 2009
VCSEL meets process monitoring
Any laser diode such as the VCSEL is a semiconductor device that converts electrical current into coherent, monochromatic light; the light emitted from the diode is all of one specific wavelength, and all waves are in phase with one another. The spectroscopic value of employing a laser as an optical pump is that all light passing through the sample is of the same, highly precise wavelength, enabling the system to monitor sample absorbance at one extremely well-defined spectral region. For a component such as oxygen, with very sharp and narrow absorbance peaks, the capacity for isolating these high-absorbance lines is critical for monitoring component concentration. In the TDL-506, the VCSEL is tuned using current to the exact wavelength that coincides with the absorption A-band of oxygen (around 760 nm). This sharp wavelength selectivity minimizes interference from other stream components, and the fast scan time allows the analyzer to enhance the signal-to-noise ratio.
The close-coupled sampling procedure
Any analyzer is only as competent as the design of its sampling mechanism. AAIâ&#x20AC;&#x2122;s innovative close-coupled sampling procedure distinguishes the TDL-506 from other laser-based oxygen monitors. Engineered to account for flow rate variations, dramatic pressure/ temperature fluctuations, stream pollutants, and other harsh process realities, close-coupled sampling ensures greater accuracy and maintenance-free performance than systems relying on crossspec or extraction sampling. The TDL-506 is close-coupled to a chimney and measures directly on the stack. The probe draws a continuous sample from the process stream into the flow cell via a membrane that filters out interfering particles. Unlike cross-spec analyzers which measure across the pipeline, the TDL-506 can be regularly zeroed to ensure accurate concentration readings over the long term. Our method also steers clear of the pitfalls of extraction sampling, where the sample is dried, cleaned, and inevitably diluted before measurement. Visit www.a-a-inc.com
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Storage bag for respirators, helmets Allegro Industries offers the most complete line of storage bags for respirator and helmet users. Three new bags were added to the line as well as a new Glove Carry Bag. The Deluxe Full Mask Storage Bag has a durable polyester outer shell and fleece interior that protects the mask from scratches. A breathable PVC mesh covering, drawstring closure and carry strap allow for easy transport. Additional features include inside and outside zippered pockets for accessory storage, a hook to hang bag when stored, a drain hole at the base of the bag and a clear plastic window pouch for business card or personal identification. The 10â&#x20AC;?diameter cylinder design accommodates all sizes of full mask respirators. The Allegro Full Mask Storage Bag is made with cotton outer fabric and fleece inside to protect the mask. Drawstring closure and special hook allows you to hang bag when stored. Clear plastic window pouch allows for
business card ID. Built to fit all full size mask respirators. Size: 16 x 14 inches. The Deluxe Blasting Helmet Storage Bag features a 13 1/2-inch diameter cylinder design with rugged polyester outer shell and fleece inside to protect the helmet from scratches. Packed with features: PVC mesh covering, drawstring closure and carry strap, inside and outside zippered pockets for accessory storage, a hook to hang bag when stored, a drain hole at the base of the bag and a clear plastic window pouch for personal identification. The new Glove Carry Bag has a clear PVC front window that allows easy view of contents and protects gloves from dust and moisture. Mesh back and sides allow for breathability. This is a high end alternative to a glove clip. Other features include: top zippered closure, hanging hook for storage, side mounted D-rings to attach accessories and a metal belt clip. Visit www.allegrosafety.com
Pesticide analyzer reference package Thermo Fisher Scientific Inc., a leader in serving science, has announced the launch of a unique Pesticide Analyzer Reference package designed to revolutionize the way pesticide analyses are set up and performed. The new, all-inclusive solution provides information on extraction, consumables and assists users in method development for the analysis of pesticides using the Thermo Scientific TSQ Quantum GC triple quadrupole GC-MS/MS. The TSQ Quantum GC is the established standard for interference-free, high-throughput, multi-residue screening of a large number of pesticides in a single analytical run, achieving excellent sensitivity, reproducibility and linearity. Pesticide analysis poses a number of challenges for laboratories and operators due to the large number of pesticides, with a wide variety of chemistries. Building on the extensive experience of Thermo Fisher in pesticide analysis, the new Pesticide Analyzer Reference package provides the means to easily meet these challenges. The package incorporates method information, consumables and procedures to facilitate and accelerate the analytical method development for challenging pesticide compounds. This combination of materials and instrumentation has been specifically developed to allow environmental and food safety testing laboratories become productive with new methods within days of installation. The Thermo Scientific Pesticide Analyzer Reference package generates proven SRM transitions for almost 600 different pesticide compounds, saving valuable time. Pesticides samples are extracted using the QuEChERS technique and can be searched using either CAS number, name or chemical formula making it quick and easy to identify pesticide usage and composition. The reference package also offers a â&#x20AC;&#x153;shopping listâ&#x20AC;? for consumables and sample preparation methods, saving laboratory time and reducing consumables and columns wastage. Visit www.thermo.com/gcfoodsafety FALL 2009 HazMat Management 41
hazmat-products
3E Company enhances MSDS authoring system
3E Company®, a leading provider of environmental health and safety (EH&S) compliance and information management services, announced in late August MSDgen 6.02, an enhanced version of its leading Material Safety Data Sheet (MSDS) authoring system. The new system boasts multiple enhancements to help customers more easily produce accurate MSDSs, labels, and other hazard communication documents that comply with the latest global regulatory obligations, including the Globally Harmonized System (GHS) for classification and labeling of chemicals and Europe’s Registration, Evaluation and Authorization of Chemicals (REACH) regulatory framework. The challenges facing manufacturers and distributors today are unprecedented. Companies around the globe are reducing costs while increasingly facing challenges resulting from globalization in the marketplace and changing international regulatory initiatives. In response to these challenges, 3E Company has developed and integrated multiple new features into MSDgen 6.02 that simplify support for the myriad of environmental regulations currently impacting business operations around the globe. The authoring system can be used to develop a variety of hazard communication documents that meet international regulatory compliance and business requirements. It provides full support of hazard communication, classification, and labeling directives to generate globallycompliant MSDSs and label documents as well as business/user definable documents, such as technical data sheets, product data sheets, hazard summaries, and product stewardship summaries. MSDgen 6.02 boasts several GHS-specific enhancements, including a new system/material level setting to enable compliance with the EU’s Regulation on the classification, labeling and packaging (CLP), while requiring only one set of EU document templates. The Korea KOSHA (Korea Occupational Safety and Health Agency) GHS Classification List has also been added to the systems and the GHS Classification Hierarchies module has been expanded to include the Korean and EU Competent Authorities. New REACH enhancements include an updated IUCLID to MSDgen Import interface that offers users the ability to create substances, mixtures, legal entities, and reference substances within MSDgen. MSDgen 6.02 also has the capability to associate REACH Product Use at the Alternate Trade Name level. This allows different exposure scenarios to be shown for different commercial name renditions of a particular generic product. In addition, the REACH Compliance Analysis Search Object has been updated to include expanded logic when determining substances that qualify for registration under the REACH regulation. Other notable enhancements include: • Multiple Rules generation enhancements, including the addition of a vast set of GHS updates. • The addition of an easy-to-use Multiple Physical Chemical Properties window that references numerous additional standard properties, and allows users to add their own custom properties. • Several new language support features, such as the addition of a new “Certified” checkbox so users can ensure that the glossary statement translation has either been through a translation re-review process or know that the translation was taken directly from a regulation. • The addition of a complete set of PDF Security features for MSDgen archiving. • System maintenance enhancements, including the ability of all areas of the system to fully support native language Graphical User Interface (GUI) functionality. Visit www.3ecompany.com
Send us your Product Releases! If you manufacture or distribute products specifically geared to environmental protection (e.g., HazMat, site remediation, waste management & recycling, etc.) please send your product news releases to the attention of our editor, Guy Crittenden. We highly prefer to receive these via email (not snail mail). Ideally, text should be in a format that’s easily copy/pasted for editing, and photos should be colour in standard formats such as .JPEG or .TIF with a resolution of 300 dpi or higher. Send to gcrittenden@hazmatmag.com
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news SUSTAINABLE DEVELOPMENT HANDBOOK.
As readers of this magazine know, sustain able development is a concept that incorpor ates energy, urban management, environ mental objectives, policy integration, and the idea that effective solutions can be achieved in a cooperative manner with concerted effort. Now gaining momentum on the world stage, sustainable development is begin ning to significantly redefine the policies and decision making of both corporations and governmental entities. Sustainability development initiatives can vary widely in both scope and application, as well as success. The Sustainable Development Hand book is intended to clarify critical issues, proven approaches and potential pitfalls associated with such initiatives, covering: underlying concepts, renewable energy solutions, environmental issues, green design and LEED programs, sustainable industrial processes, sustainable develop ment policy considerations, local govern ment programs, corporate programs, track ing results, and future trends. For a complete index of this report, visit: www.researchandmarkets.com/product/ eeec9e/sustainable_development_ handbook
MHSW PLAN POSTED ON REGISTRY
On July 14, the Stewardship Ontario Board of Directors approved the Draft Final Consolidated MHSW Program Plan and submitted it to Waste Diversion Ontario (WDO) for review. At its July 22 meet ing, the WDO Board approved the plan pending a small number of minor changes and on July 31, WDO delivered the plan to the Minister of the Environment. This fulfills Stewardship Ontario’s requirement as stated in the Minister’s Program Request Letter of July 2008. The Ministry of the Environment has posted the plan on the Environment Registry and accepted com ments up to August 30, 2009. View the Plan on the Environmental Registry at www.ebr.gov.on.ca
ASSESSMENTS START ON BC BROWNFIELDS
The British Columbia (B.C.) government is spending a total of $1.06 million to start cleaning up 12 abandoned and potentially contaminated sites. Steve Thomson, B.C. Minister of Agriculture and Lands, said that the money will support the initial environ
mental investigations necessary to return the sites back into productive use. “For every dollar of government fund ing we put into these investigations, two dollars are invested by the successful appli cants,” he stated. The funding is part of the province’s Brownfield Renewal Strategy program. The largest sum — $165,000 — is going to an environmental investigation of Meadowland Peat Limited, a former demolition landfill in Delta. The former Meade Creek incinerator in Cowichan Valley is receiving $164,878. More information is available on the B.C. government’s website at www2.news.gov. bc.ca This news item first appeared in our affiliate news service EcoLog (8/19/2009). Visit www.EcoLog.com
FIRST INDUSTRIAL EMERGENCY CONFERENCE FOR INDIA
We congratulate Canadian show manager and entrepreneur Lee Baker on her creation of the a first-ever industrial emergency response conference to be held in India. The Industrial Emergency Conference will take place November 5-6, 2009 in Hyderabad, India. An anticipated 200 delegates will be expected to attend from across the country. Exhibits will encompass many solutions providers including hazardous waste tech nologies, apparel, gear, health and safety solutions, fire accessories, hoses, nozzles, and much more. The event is an interesting opportunity for North American compan ies interested in selling their wares in this populous and rapidly modernizing country. For exhibit space contact: Lee Baker @ 1-888253-1718 or email leebaker@exposition.com
TROW GLOBAL APPOINTS DIRECTORS
Vlad Stritesky, President and CEO of Trow Global (Trow), a Canadian firm of engineers and consultants headquartered in Brampton, Ontario, is pleased to announce that Daniel Johnson and Robert Sheh have been appointed to the Trow Global Board of Directors. “Mr. Johnson’s and Mr. Sheh’s breadth of experience and expertise will be valuable additions to our Board,” said Stritesky. “We are pleased to have these gentlemen help guide our company forward for sus tained growth and success.” Founded in 1957, Trow has grown in size into one of Canada’s largest engin eering and consulting firms. With offices across Canada, the U.S. and internationally, and with projects around the globe, Trow offers clients in both the private and public
sectors a full range of services provided by a dedicated team of over 2,000 professionals, including specialist engineers and technical experts from over 70 Canadian, U.S. and international locations. Visit www.trow.com
NEW PRESIDENT OF GOLDER ASSOCIATES IN CANADA
Golder Associates Ltd. is pleased to announce Mark Brightman, as President of the firm’s Canadian operations. Brightman replaces Brian H. Conlin, who was recently appointed as President & CEO of Golder Associates’ global corporation. Prior to accepting this new role, Bright man served as Golder’s Canadian Leader for Consulting Operations, working closely with the Canadian Management Team and former President, Conlin, to shape the path of success Golder finds itself on today. Golder Associates is a global company specializing in ground engineering and environmental services. Employee owned since its formation in 1960, Golder now employs over 7,000 people who operate from more than 160 offices located through out Africa, Asia, Australasia, Europe, North America and South America. Visit www.golder.com
NEW ECO-EFFICIENCY PROTOCOL
NSF International has announced a new eco-efficiency protocol, NSF Protocol 352 (NSF P352), for the validation and verifica tion of eco-efficiency analyses. BASF, the world’s leading chemical company, is the first to have its Eco-Efficiency Analysis (EEA) methodology used to evaluate the economic and environmental impact of products or processes validated by NSF, an independent, not-for-profit organization committed to improving and protecting public health and the environment. NSF P352 establishes requirements for the content of an eco-efficiency analysis to ensure consistency, objectivity and trans parency in all eco-efficiency analyses, which is necessary given the influx of “greenwash ing.” In BASF’s case, it also provides a means for verification of BASF’s individual EEA study results adhering to the ecoefficiency methodology. For more information on eco-efficiency analysis or the new NSF protocol, con tact Patrick Davison, NSF Senior Project Manager, at davison@nsf.org For more information on BASF’s verifications, con tact Edward Madzy at edward.madzy@ basf.com FALL 2009 HazMat Management 43
For further information about Davis LLP or the Environmental Law Group, please contact: Vancouver Brian F. Hiebert 604-643-2917 bhiebert@davis.ca
Edmonton Robert A. Seidel, Q.C. 780-429-6814 rseidel@davis.ca
Toronto David I. Crocker 416-941-5415 dcrocker@davis.ca
Whitehorse Rodney A. Snow 867-393-5105 rod_snow@davis.ca
Montréal David W. Rothschild 514-392-8401 drothschild@davis.ca
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Kilmer Brownfield Equity Fund L.P. Canada’s leading fund dedicated to the redevelopment of brownfields
Putting Private Equity to Work Newalta is Canada’s leading industrial waste management and environmental services company. We push beyond conventional thinking about waste, finding solutions that transform it into new products that will contribute to our customer’s bottom line and reduce the environmental footprint. Where by-product recovery isn’t possible, we find ways to reduce the production of waste at the source.
Learn more at Newalta.com
The Kilmer Brownfield Equity Fund is dedicated to creating value for stakeholders through the clean-up and revitalization of brownfield properties in Canada. If you have a property for sale, please contact Pamela Kraft, Development Manager at 416-814-3437 pkraft@kilmergroup.com www.kilmergroup.com/brownfield
TOPIC ALERT timely information that matters
HazMat Management Introduces TOPIC ALERT – Timely information, with the power to drive your business success. Now you will have access to the same news information as the business press, hot from the news wires, and HazMat Management Topic Alert will be your link, delivering to you only the information that matters to you TOPIC SELECTION CUSTOMIZED BY YOU You select only those topics relevant to your business enterprise. Track competitors, investments, industry events, mergers and acquisitions, and more. YOU SELECT From a wide range of topics such as Waste Management, Solid Waste & Recycling, Trucking, Transportation Logistics and More. WE DELIVER RIGHT TO YOUR E-MAIL BOX Delivered at a time and frequency specified by you.
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ARCHIVES Gain Access to thousands of hazmatmag.com articles. HERE’S HOW Visit us at hazmatmag.com and select Topic Alert. Start receiving your customized Topic Alerts Today. Business Information Group, Contact: Melinda Marasigan, Phone: 416 442 5600 ext 3548 Toll Free: 1-866-543-7888, Suite 800 — 12 Concorde Place, Toronto, Ontario M3C 4J2
advertiser index
FALL 2009
ADVERTISER....................................................................... PG #
ADVERTISER....................................................................... PG #
AACE Insurance................................................................................................ 10
MMM Group....................................................................................................... 44
AGAT Laboratories Limited............................................................................. 11
Newalta............................................................................................................... 44
AGRU America..................................................................................................... 2
Pinchin Environmental Ltd.............................................................................. 26
Aim Environmental Group............................................................................... 44
Proeco.................................................................................................................. 15
Canadian Waste &+ Recycling Expo........................................................... 25
Quantum Murray............................................................................................... 19
Cassels Brock LLP............................................................................................ 37
Restoration Environmental Contractors...................................................... 47
Centre for Advanced Visualization............................................................... 44
Seneca................................................................................................................. 11
Clean Earth Solutions Ltd................................................................................ 22
T Harris................................................................................................................. 34
Davis LLP............................................................................................................. 44
Team Hazco Services Inc................................................................................. 2
Decommissioning Consulting Services Ltd................................................ 22
Team One Academy......................................................................................... 48
Environmental Compliance Conference...................................................... 36
Town of Hinton................................................................................................... 37
Federation of Canadian Municipalities........................................................ 32
Willms & Shier LLP........................................................................................... 35
Fraser Milner Casgrain LLP............................................................................ 37
XCG Consultants................................................................................................ 23
Intrinsik................................................................................................................ 23
YOW Canada...................................................................................................... 38
Kilmer Brownfield Equity Fund....................................................................... 44
Zurich Insurance............................................................................................... 12
Canada’s BEST source of environmental risk information for real estate
ERIS reports include and identify: • Waste disposal sites • PCB storage sites • Spills • Contaminated sites • Fuel storage sites • Nearby industrial facilities
Information Services include: Aerial Photographs • City Directory Search • Database Reports • Fire Insurance Maps • Property Title Search • Topographic Maps
Visit www.eris.ca Call toll free: 1-877-512-5204 Email: info@eris.ca FALL 2009 HazMat Management 45
legal-perspective
Sunrise, Sunset by Dianne Saxe, D.Jur.
P
“The claim seeks damages from eight companies and four individuals.”
arminder Saini, a Sunrise Propane employee, and Bob Leek, district chief of emergency planning, died in the August 10, 2008 explosion at Sunrise Propane. Toronto spent $2 million to clean up the mess, thousands of residents were displaced, and several houses were damaged. Allegedly, the explosion occurred because of breaches of safety requirements, including illegal truck-to-truck transfers of propane, smoking, and expanding the facility without TSSA approval A year later, how much has changed? The Technical Standards and Safety Authority’s Propane Safety Review Recommendations are a fair guide to the changes in propane regulation as a whole. They’re as interesting for what they don’t say as for what they do. Despite much media coverage, the Propane Safety Review was fairly content with the TSSA approach to propane regulation. Half its recommendations call for traditional enhancements to TSSA inspection, training, and information flow. The other half called for modest changes to existing regulations. For example, propane operators should have insurance; trainers should have practical experience; and propane plants should have formal risk management plans, certified by engineers. These conventional elements of good management of a hazardous industry have now been implemented by O.Reg. 440/08 and 441/08 (amendments to the Propane Storage and Handling Regulation (O. Reg. 211/01) and the Fuel Industry Certificates Regulation (O. Reg. 215/01), both under the Technical Standards and Safety Act, 2000.) Some of the changes came into effect January 1, 2009; the remainder come into effect December 31, 2009. Much public interest has focussed on where propane facilities should be located. In this area, little has changed. Recommendation 10 asks the TSSA to tell municipalities where propane facilities are located, and what buffer zone the TSSA recommends. Recommendation 14 is that propane operators should find out when new subdivisions are proposed next door. Recommendation 17 will require the TSSA to seek comments from the municipality when approving new propane plants. Unfortunately, none of these steps will stop municipalities, or the OMB, from allowing new homes to be built too close to a propane plant. The OMB often minimizes buffer zones, on the ground that hazardous operations should manage their impacts on their own site. There is also the question of who should compensate those who own the lands in the proposed “buffer zone” — why should their land values be held down to benefit the industry next door?
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Since buffers are hard to protect, Recommendation 13 will require propane operators to take additional precautions when new developments are built nearby. Taken together, these recommendations should ensure that land use planners know where propane plants are located, and vice versa. And they should also ensure that safety precautions increase when the population at risk does. But they don’t give municipalities, or neighbours, any greater power to determine where propane plants should operate. And that will leave some people dissatisfied. Meanwhile, the Sunrise explosion should keep lawyers busy for years. The Ontario Ministry of Labour has charged Sunrise Propane Energy Group Inc. with breaches of the Occupational Health and Safety Act for: 1. failing to provide information and/or instruction and/or supervision to a worker on safe work practices and recognition of hazards associated with propane storage, dispensing and handling, and on appropriate emergency response to propane leaks, and 2. failing to ensure that a propane facility was installed and operated in accordance with regulatory requirements and safe industry practice. The Ministry of the Environment has also charged Sunrise Propane and two of its directors with breaching the Environmental Protection Act by failing to comply with ministry cleanup orders after the explosion. If convicted, the company could be fined more than $1 million. At the same time, seven different law firms, representing neighbours of the site, are attempting to certify a class action. They should not have much difficulty in obtaining certification of their basic claim; single incident disasters are relatively easy to certify. However, it’s less obvious who will be the defendants. The claim seeks damages from eight companies and four individuals. In order of difficulty, they are: 1. Sunrise Propane Energy Group Inc. and three numbered companies, all operating as Sunrise Propane. One owned and operated the trucks used to transport propane; one owned the propane facility license; one leased the property, etc. 2. The officers and directors of the four Sunrise Propane companies, and 3. Four companies who owned the property where the explosion occurred, or leased it to a Sunrise company. HMM
Dianne Saxe, Ph.D. in Law, is one of Canada’s leading environmental lawyers with her own practice in Toronto. Contact Dianne at dsaxe@envirolaw.com
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