Contaminated Site ESAs and HBMAs:Requirements and Terminology

OMREB - Commercial Zone Luncheon

November 22, 2017

Rebekka Lindskoog, B.Sc., R.P.Bio.Regional Manager, Northwest Territories

Outline –3 questions

1. What is a Contaminated Site?

2. ESAs – What, When and Who?

3. HBMAs – What, When and Who?

What is a Contaminated Site?

“Areas of land, water, groundwater, or sedimentsthat have levels of contaminants exceeding the

remediation criteria.”

Defined in the ENR Environmental Guideline for Contaminated Site Remediation under

the NWT Environmental Protection Act

Common Contaminated SitesGas stationsAutomotive shopsMetal machine shopsDry cleanersOld residential homesIndustrial and Heavy Commercial ParksAirports, airfield fire training areasSewage Lagoons and Waste Water TreatmentPlants

What is an ESA and Who can do them?

Environmental Site AssessmentsAn ESA is a qualitative and quantitative siteinvestigation that confirms or refutes sitecontamination (soil, groundwater, vapour);Defines the extent of contamination; andDetermines the risk of impacts on pathwayreceptors (humans and environment).

ESA GovernanceNWT Environmental Protection Act

gives the government (GNWT) authority to takeall necessary measures to ensure thepreservation, protection or enhancement of theenvironment with the goal of sustainability andstewardship.

GNWT Environmental Guideline forContaminated Site Remediation (2003)

Outlines the ESA Process in the NWTIf contaminated water is encountered, INACmust be consulted.

Who is involved?

ENRResponsible Party (the polluter and/or propertyowner)The Department of Infrastructure: Transportation ofDangerous Goods Act and Regulations (NWT)The Office of the Fire Marshal under the FirePrevention Act.The Office of the Chief Medical Officer under thePublic Health Act.

Why do we do ESAs?All participants have environmentalresponsibilities in property transactions toshow due diligenceESAs are the tools to protect each partyConsider appropriate land use in determiningacceptable environmental site conditionsSeek opinion from a qualified environmentalprofessional

Environmental Site Assessment – 3 phases

Phase I: Site Information Assessment

Phase II: Reconnaissance Testing Program

Phase III: Detailed Testing Program

Phase I ESAPurpose is to evaluate risk (potential and/oractual contamination)Phase I ESAs must meet the CSA StandardZ768-01 (reaffirmed 2016)

Consistent framework and minimalrequirementsGuidance to make informed decisions aboutproperty transactions

Phase I ESA: ConclusionsConclusion No. 1: No signs of contaminationon the site or adjacent lands.Conclusion No. 2: Signs of potentialcontamination on the site or on adjacent lands.Conclusion No. 3: Signs of actualcontamination on the site or on adjacent lands.Conclusion No. 4: Evidence of actual orpotential contamination on the site or adjacentlands.

Phase II ESA regulations

Governing guidelines in the GNWT are includedin the GNWT Environmental Guideline forContaminated Site Remediation – Appendix 3

Phase II ESAs must meet the CSA StandardZ769-00 (reaffirmed 2013)

Phase II ESAConfirm the presence or absence ofcontaminants in soil or groundwaterLocate the source(s) of contaminationIdentify the contaminated areas and media(e.g., soil, groundwater, vapour)Assess the extent of the contaminationLaboratory analysis of media (soil/gw/vapour)are compared to the appropriate regulatoryguidelines

Phase II ESA: Conclusions

Based on results, it may be recommended thatno further action is required or it may bedetermined that further work is required todelineate contamination

Phase III ESAThe objective is to delineate the contaminantsof concern in the soil and/or groundwateridentified in the Phase II ESAThe results are used to calculate an estimatedarea and volume of the contaminationThe findings aid in calculating cost estimatesfor remediation and confirming the appropriateremedial option

Remediation Techniques

Ex-Situ (excavate and dispose)

In-Situ (treat in place)

Risk Management (leave in place and manage)

Risk AssessmentsCommon approach used when:

the cost of remediating outweighs the value ofthe landcontamination is inaccessible (i.e., belowbuilding, under roads, etc.)

Involves managing the contamination througheither administrative or engineered controlsand/or monitoring

Who can do these?

See page 7 of CSA Z769-00A qualified professional (QP) who meetscompetence requirements of education, skillsand training.P. Ag., P.Chem., R.P.Bio., P.Eng, P.Geo.

•Site Profile•Spill reports?•Any knowncontamination?

•Industrial and/orcommercial sites?

Screening

•Qualitative Review(Phase I)

•Quantitative analysis•Detailed SiteInvestigation

Investigating•Low potential ofcontamination

•Sample Data Analysis

Comparing withStandards

•Site Characterization•Remedial OptionsAnalysis

•RemedialInvestigation

Remediation•ConfirmatorySampling

Monitoring

No Further Action No Further Action

Phase I-II ESAs Phase III - Remediation

Risk Assessment

$ $$ $$$$

IMPORTANT:

An ESA, especially under the CSA Standards, isnot appropriate practice to address issues

regarding hazardous building materials

What is an HBMA and Who can do them?

What is a Hazardous Building Material?

Asbestos-containing materials (ACMs),Lead based paint (LBP),Polychlorinated biphenyls (PCBs),Mercury containing equipment,Ozone depleting substances (ODSs), andUrea formaldehyde foam insulation (UFFI).

Asbestos and Lead may have immediate healthconsiderations

When do I need an HBMA?

Typically recommended if the building wasbuilt prior to 1990.But, only way to be sure is to conduct anassessment when planning renovation/demolition projects.Materials sometimes erroneously used (storedin warehouses, ec)

*HBMA is sometimes referred to as DesignatedSubstance Survey (DSS)

NWT Legislation and Regulation: HBMA

The WSCC is the body responsible for theoccupational health and safety of workers in the NT.

Safety Acts

Asbestos Safety Regulations

Mine Health and Safety Regulations

Occupational Health and Safety Regulations (R-039-2015) and as mandated under the NorthwestTerritories Safety Act (R.S.N.W.T. 1988, c. S-1)Canada Labour Code (R.S.C., 1985, c. L-2)

Asbestos and LeadAsbestos and Lead may have immediate healthconsiderations:• Procedures for sampling, handling and removal

of ACMs are described in the NorthwestTerritories WSCC Codes of Practice onAsbestos Abatement (updated April 2017)

• Need to test painted surfaces to see if thepaint is lead-containing.

• Testing should be conducted by trained andcompetent personnel.

Waste Disposal: AsbestosEach HBM has a set of thresholds for wastedisposal:• Asbestos: “waste asbestos” as asbestos that is

no longer useable for its intended purpose andincludes any material with greater than 1%asbestos by weight (The Northwest TerritoriesGuideline for the Management of WasteAsbestos: GNWT 2004).

Waste Disposal: Lead based paint (LBP)

Guideline for the Management of Waste Lead andLead Paint (GNWT 2004, draft revised 2017) defineLBP as “special waste” if the TCLP is greater than 5.0mg/L.No landfills in the NT can accept LBP greater than600 mg/kg.Products containing lead in excess of 600 mg/kg areto be submitted for TCLP to determine disposaloptions.

Other HBMs

Polychlorinated biphenyls (PCBs)MercuryOzone depleting substances (ODSs)Urea formaldehyde foam insulation (UFFI)

Who can do these?

Adequate training and experience. Workersmust be competent.

Recommend at a minimum, a professional withAHERA certification and sufficient experience.

Other competencies may include CertifiedIndustrial Hygienists, P.Eng and/or P.Geolicensed with NAPEG.

Questions?

Contact:Rebekka Lindskoog, Regional Manager, NWT: lindskoogr@ae.ca

Rob Kupchanko, National Practice Lead, Contaminated Sites: kupchankor@ae.ca