~ BRIEFING NOTE ~ BC Land-Based Spill Preparedness & Response Framework Recommendations December 2013

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1 A Avenue Langley, BC V1M 4A9 e bcta@bctrucking.com t f toll free bctrucking.com ~ BRIEFING NOTE ~ BC Land-Based Spill Preparedness & Response Framework Recommendations BCTA supports the provincial government s efforts to identify an effective land-based spill preparedness and response regime, which would include reasonable restoration requirements, and government oversight and coordination of industry spill response where this need is identified. BCTA is appreciative of the opportunity to participate in the consultation process and is providing this submission to ensure our perspective is documented and understood. Purpose of Consultation As outlined in the Ministry s revised 2013/ /16 service plan, the genesis of the consultation to develop a BC Land-Based Spill Preparedness & Response framework appears to have been an effort to determine how best to protect the environment from potential oil spills as a consequence of the Northern Gateway Pipeline proposal. Nonetheless, this exercise seems to have grown to encompass all types of spills that could prove damaging to the environment. This is a reasonable and desirable goal provided that the framework doesn t unreasonably and unnecessarily impose costs without commensurate benefits and/or duplicates systems, processes or requirements that are already in place. About the BC Trucking Association The BC Trucking Association (BCTA) is the recognized voice of the commercial motor carrier industry in BC. Formed in 1913, BCTA s objectives are to advise its members on all matters affecting the commercial motor carrier industry, promote and protect the rights and interests of the owners of motor carrier companies, and promote just and fair government regulations and enforcement thereof. BCTA members include trucking companies hauling every conceivable type of freight. Some of our members are among Canada's largest trucking companies, but most are small to medium sized, B.C.-based enterprises. BCTA represents about 1,200 motor carrier fleets and about 230 industry suppliers. BCTA members operate about 13,000 vehicles in BC. About the BC Trucking Industry BC s trucking fleet is made up of for-hire and private motor carriers. For-hire carriers transport freight of all types for many different customers. Private carriers move their own goods. Generally speaking, trucking companies operate as full truck-load (same cargo in one trailer) or less-thantruckload (packages of different types of goods typically for different customers contained in a single trailer).

2 Spill Preparedness & Response Page 2 of 5 Most trucking companies are small. Almost 90% operate 5 or fewer trucks, but the largest 10% of companies run about 60% of our provincial fleet. Trucking companies operating in BC are not necessarily domiciled in BC. Regulatory Framework for Transporting Dangerous Goods by Truck The Transport of Dangerous Goods Act applies to all modes of transportation, including trucking. BC has adopted the federal regulations to maintain uniformity. Dangerous Goods are organized into 9 classes (explosives, gases, flammable liquids, flammable solids, oxidizing substances and organic peroxides, radioactive materials, corrosives and miscellaneous products). Dangerous goods are typically goods that can cause harm to human health. An Emergency Response Assistance Plan (ERAP) is required for certain volumes or amounts of dangerous goods. The ERAP must describe the goods, the method of containment for the shipment, the geographic area covered, and emergency response capabilities. Transport Canada is required to approve the ERAP and assign a number to it before the dangerous goods can be transported in or through Canada. Vehicles containing any quantity of dangerous goods that require an ERAP must display placards and UN numbers on the outside of the dangerous goods container. Certain aspects of the transportation of explosives, infectious substances and radioactive materials may be covered under other legislation, such as the Explosives Act and the Packaging and Transport of Nuclear Substances Regulations. Trucking companies operating between Canada and the US are also required to prepare and adhere to a Hazardous Materials Security Plan as outlined by the Pipeline Material Safety Administration Office of Hazardous Materials Safety. Trucking companies transporting hazardous waste in BC are required to obtain a Hazardous Waste Transport Licence, which includes a contingency plan outlining potential risks to the environment in case of spills, emergency procedures to mitigate those risks, responsibilities, available equipment and emergency contacts and phone numbers. Licenses and contingency plans are approved by the Ministry of Environment. Risk of Spills from Trucks Transport Canada estimates that about 70% based on tonnage of dangerous goods are transported by road, 24% by rail, 6% by marine and less than 1% of air. The most commonly transported dangerous goods are petroleum oil, gasoline and fuel oils. A single shipment of liquid bulk product in a truck tanker is equal to about 40% of the load of one rail car. Any spill from a truck tanker is minimal in comparison to a rail car derailment or a pipeline spill. The Canadian Trucking Alliance has conducted an analysis on dangerous goods incidents involving trucks in 2012 and has offered these findings 1 : 1 Canadian Trucking Alliance, White Paper on the Transportation of Dangerous Goods by Truck in Canada, Fall/Winter 2013/14. BC Trucking Association

3 BC Trucking Association Spill Preparedness & Response Page 3 of 5 There were about 1.64 spills per 10,000 shipments. About 56% of the releases were less than 500 litres. About 71% of spills occurred during loading or unloading. Releases during loading were most common (52%). The most common cause of spills was equipment failure (34%) or employee error (28%). Crashes while in-transit accounted for 53 (16%) of total spills for a frequency of 0.27 per 10,000 shipments. About 80% of crashes that resulted in spills only involved a single vehicle. Crashes were the most frequent cause of spills over 5,000 litres (57%). However, spills over 5,000 litres represented less than 7% of all spills. The product most involved in spills (68%) was Class 3, flammable liquids (primarily crude oil). The majority of spills involved tank trucks (86%) and the remainder (14%) involved van trailers. Of the spills from tank trucks, 76% occurred during loading or unloading. Ministry of Environment Role In framing this submission, we have relied on the description of the Ministry s role as outlined in the revised 2013/ /16 service plan, which states that the purpose of the Ministry is to [administer] the province s parks and protected areas, and [monitor] and [enforce] compliance with environmental laws and regulations. It is also responsible for [m]onitoring, assessing and reporting on environmental conditions The Ministry collects, stores, retrieves, analyzes, and sets standards for environmental data, and makes key data available to the public Through leadership, expertise, and sound scientific practices, the Ministry provides the services and support necessary to enable government to meet its environmental goals while supporting positive economic outcomes for BC. Recommendations Applicability to Trucking Industry 1. Given the limited risk associated with spills from less than truckload quantities, BCTA recommends that any provincial spill preparedness and response framework apply only to liquid bulk tankers. 2. Since many liquids are benign from an environmental risk perspective, BCTA recommends only specific liquids known to pose a serious and significant risk to the environment be covered by the spill preparedness and response framework. 3. The provincial spill preparedness and response framework should not duplicate or overlap any other related or similar regulations or voluntary programs and processes that already apply or are available to the trucking industry. Geographic Response Plans It is in all of our best interests to preserve and protect our environment. To that end, geographic response plans would be useful publicly available resources for transporters, shippers, emergency

4 BC Trucking Association Spill Preparedness & Response Page 4 of 5 response personnel, government of all levels, and First Nations. BCTA recommends the following with regard to geographic response plans. 1. GRPs should identify environmentally sensitive areas and recommended response techniques. Given the myriad of products transported by truck and the variety of flora and fauna in BC, it is clearly challenging to develop plans that would consider all cargo, so care would need to be taken to focus on cargo and spills that would have the most significant impact and the greatest need for protection. Given the Ministry s role as noted in its Service Plan, this would also seem to fall under its mandate. 2. GRPs should address spills of full truckloads of products covered by the Transport of Dangerous Goods Act, special waste regulated by BC or full truckloads of hydrocarbons. 3. GRPs should be developed by the Ministry of Environment. While Working Group discussions focused on development of GRPs by industry or groups of industry representatives, given the make-up, size and diversity of the trucking industry, the level of coordination of trucking companies required for this exercise is not a reasonable expectation. 4. GRPs should build on municipal and regional emergency response plans since local authorities already have responsibility for planning and responding to emergencies within their jurisdictional areas. Spill Response Communications The Ministry of Environment should receive and post information about spills governed by the framework (i.e., those of sufficient quantity and harm) on its website rather than expect individual companies to establish a spill response contact phone number for each spill. Having MoE play this role would reduce confusion in the aftermath of a spill and would meet the public s expectation that the government was playing an oversight role. Other Recommendations While we recognize this consultation is focused on spill control and response, where possible and practicable, BCTA recommends building on the current framework of spill prevention. For example, working in concert with Transport Canada, aspects of transportation of dangerous goods training could be strengthened. Prevention would also be enhanced by implementing recommendations made by BCTA and the Canadian Trucking Alliance to mandate electronic on-board recorders, which would improve compliance with commercial driver hours of service and activating speed limiters to a maximum of 105 kph on trucks. Hours of service regulations are designed to reduce driver fatigue. While the trucking industry s crash rate is low (about 4% of all crashes in BC), since driver error is the most commonly cited crash factor, reducing the likelihood of fatigue would provide a positive contribution to road safety by reducing crash risk. Reducing speed not only reduces the risk of crashes, but also diminishes severity when crashes occur. Lastly, we recommend that the Ministry use this process to encourage shipper responsibility given the influential role shippers play in selecting trucking companies. It is imperative that shippers

5 Spill Preparedness & Response Page 5 of 5 become educated about and take responsibility for their choice of transportation partners. Focusing on price, without consideration to quality of service, personnel and equipment, is shortsighted and potentially detrimental. The Ministry has an opportunity to help address this shortcoming through this initiative which, at the same time, would support the overall goal of reducing the likelihood of spills. Conclusion BCTA supports the role of the Ministry in protecting the environment while, at the same time, supporting the economic goals of the province to enhance prosperity for all its citizens. Developing a spill response and control framework that is measured, reasonable, and enhances, rather than duplicates, efforts of other agencies and organizations, should be the ultimate goal of this process. BC Trucking Association