understanding trichloroethylene (tce) and its...

Understanding Trichloroethylene (TCE) and Its Environmental and Health Concerns in Peterborough

Includes:

Final Report

By Saskia Griffith

Completed for: TCE Help Supervising Professor: Sharon Beaucage-Johnson Trent Centre for Community-Based Education Department: Forensic Science Course Code: FRSC 4890Y Course Name: Forensic Community-Based Education research project Term: Fall/Winter Date of Project Submission: April 2013 Project ID: 4358 Call Number:

Understanding Trichloroethylene (TCE) and Its

Environmental and Health Concerns in Peterborough

Host Organization: TCE HELP

Saskia Griffith

2013

Host Supervisor – David McRobert

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Abstract

The goal of the project was to provide a series of reports and summaries which express

useful information regarding: the history of TCE use in Peterborough; the chemistry of TCE; and

law and policy concerning industrial pollution. Each of these three topics is outlined in its own

report, and reader-friendly summaries of the first two reports are also provided. Most of the

information for the reports were located from literature review and some, specifically for the

history report, was obtained from archival searches. Useful resources were also provided by my

project host.

The present project was completed in conjunction with a newly formed Peterborough

organization, TCE HELP (Trichloroethylene: Homeowners and Residents Exposed to Lethal

Pollution). The organization was formed after Trichloroethylene (TCE) contamination in the

south end of Peterborough was found to be affecting homes on Romaine Street and Brioux

Avenue. The contamination originated in the 1900s after an influx of industries into

Peterborough, including a major class of industries called Primary Manufacture and Assembly

(PM&A). PM&A industries used TCE mainly as a degreaser and sometimes as a solvent, but did

not always practice proper disposal techniques. As a result, TCE contaminated the soil and

leached into the groundwater from which it now evaporates and enters homes through cracks in

the foundation. This is a problem because studies have identified the chemical as a carcinogen

which can promote the development of various cancers after long term exposure.

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Acknowledgements

There are a few people that I must thank for helping to make this project a success. I

would like to express deep gratitude to my faculty supervisor Sharon Beaucage-Johnson and

project supervisor Marjorie MacDonald for their patient guidance, helpful critiques and

enthusiastic encouragement throughout the year. I would also like to thank my host supervisor

David McRobert for overseeing the project and being a great resource for the project.

My special thanks are extended to Christine and Jodi, the librarians in Trent archives who

helped me to locate information for my history report. I am particularly grateful for assistance

given by Jason and Leycia who aided in locating relevant resources for the project and assisted in

compilation.

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Table of Contents

Key Words 5

Introduction 6

Methods 9

Results 11

Discussion 12

References 17

Appendices

Map of Peterborough A

Industrial History of Peterborough’s South End B

Industrial History of Peterborough’s South End - In Short C

TCE Chemistry D

Trichloroethylene (TCE) – What you need to know E

Industrial Law – Trichloroethylene F

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Key Words and Abbreviations

GE – General Electric

OMC – Outboard Marine Co

Plume – a volume of contaminated groundwater that extends downward and outward from a

specific source; the shape and movement of the mass of the contaminated water is affected by the

local geology, materials present in the plume, and the flow characteristics of the area

groundwater.

PM&A – Primary Manufacture and Assembly

TCE – Trichloroethylene

TCE HELP - Trichloroethylene: Homeowners and Residents Exposed to Lethal Pollution

Vapor intrusion – the migration of volatile chemicals from contaminated groundwater or soil

into a building

VOC – Volatile Organic Compound

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Introduction

Peterborough became known as “The Industrial City” in the 1800s, a name which was fitting

considering the industrial development that had been about to take place (1). The abundance of

industrial companies that inhabited Peterborough between the early 1800s and the late 1900s was

proof that Peterborough would be a profitable industrial town. However, a problem arose when

the industry clashed with the development of a habitable town. This is the origin of concern

being expressed by some members of the community and it is ultimately the foundation for my

research project.

The worried residents suspect that they are exposed to a dangerous chemical believed to be

present in Peterborough – trichloroethylene (TCE). Trichloroethylene is a non-flammable,

colourless liquid at room temperature that can enter the body through skin contact, ingestion and

by inhalation (2). The realization that this dangerous chemical may be present in Peterborough

led to the recent formation of a group called TCE HELP whose goal is to address the matter.

TCE HELP stands for Trichloroethylene: Homeowners and Residents Exposed to Lethal

Pollution. The group’s mandate is still under development, but thus far briefly lists its target

areas as: health impacts (and possible compensation), remediation of property, impacts on

property values, industrial history, environmental justice issues, occupational exposures and

lawsuits or class actions related to some of the previously mentioned areas of interest.

Developing a public understanding of TCE is also an important goal of the organization, which is

the target of my project.

When TCE is introduced into the environment, it may either evaporate or leach into the

ground water where it may rest for years in the form of a subsurface plume (3, 4). A plume is a

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volume of contaminated groundwater that extends downward and outward from a specific source

(5). Since the compound of interest is a highly volatile one (which means that it easily

evaporates) the movement of TCE with the plume becomes even more problematic (3). The

rapid evaporation causes the compound to float up to the foundation of houses and enter through

any cracks that may be present, exposing the residents to the harmful chemical (see Appendix I)

(4).

TCE itself is not toxic upon entering the body. Toxicity of the compound only takes effect

after further breakdown of the compound (6). Once in the body, TCE undergoes metabolic

activation which causes the breakdown of the TCE into dichloroacetic acid, trichloroacetic acid,

chloral hydrate or 2-chloroacetic aldehyde (6). The chemical alteration occurs mainly in the

liver and kidneys, thus, these organs are most often affected by the chemical (6). TCE is said to

cause diseases such as lymphoma, cancer of the liver and biliary tract, kidney cancer, cervical

cancer and multiple myeloma (2, 6).

In 2012, there was a study done on eighty Chinese factory workers who had come into contact

with TCE (7). The workers were observed and compared to a control group that worked in

similar environmental conditions without the TCE exposure (7). It was found that TCE had a

toxic effect when present at concentrations below the Occupational Safety and Health

Administration exposure limit of 100ppm and the National Institute of Occupational Safety and

Health exposure limit of 20ppm (7). The findings supported the hypothesis that TCE exposure

may contribute to renal cancer (7). A similar study conducted in 2011 based on a gas company in

Kentucky indicated useful information on the effects of TCE at various levels which will be

further explained in the discussion section (6).

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The purpose of my project is to assist TCE HELP with understanding local industrial history

in Peterborough’s south-end, the chemical nature of TCE, its environmental and health concerns,

and government policy regarding responsibility for industrial chemical pollution, in an effort to

better understand the incidences of illness and cancers in the Romaine St. and Brioux St. region

of Peterborough. The final products of the present project will include reader-friendly reports

containing all of the information previously discussed as well as summaries of these reports. The

reports will be available for public viewing in order for those who are interested in the issue to

attain a better understanding of the general circumstances as well as the technical terms and

issues associated with TCE.

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Methods

In retrieving the information compiled for use in this project, I mainly conducted research

through the use of library resources. The research questions which I used to direct my research

are as follows:

• What are the boundaries of the south end of Peterborough? What industries were located

there between the 1870s and 1970s and how has the landscape changed?

• What is the chemical composition of TCE and how does it interact with the environment?

What effects, if any, does TCE have on the body?

• What are the laws surrounding the disposal of TCE in Peterborough? Who is responsible

for any TCE contamination that might be present?

1) Regarding the history of Peterborough report, I sought out maps and documents from the

Trent University archives in order to determine the early location of industries in

Peterborough. The librarians in the archive allowed me to view large sheet maps of

Peterborough dated back to the 1920s and from this, I was able to determine the exact area of

interest. We then obtained a full map and located the area of interest. The librarian then

provide a copyrighted photocopy of the map which was stamped with an indication of the

location from which it was retrieved along with specifications of its allowed use. The cost of

each copy was ten cents.

Further research was conducted in order to locate information on the history of Peterborough

including locating books in the library such as Peterborough and the Kawarthas as well as

reviewing the report conducted in 1983 reviewing industry in Peterborough.

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2) In conducting research for information on the chemical composition of TCE and its effects on

the environment and the body, I sought out useful journal articles using Trent’s library e-

resources. Some key words used in the searches included “trichloroethylene” “effects on

body” and “environment”. While reading through the reports, I searched for information

regarding the chemistry of TCE, explanations surrounding how it enters the environment and

how people come into contact with it. I also kept alert for any research conducted on

individuals who had been exposed to the chemical. My project supervisor provided some

articles and presentations that proved very useful in directing this research.

3) Concerning the third research question, a great deal of the information was also collected

from my project supervisor, David McRobert. Some information extracted from the

documents included current relevant case law for Peterborough and a summary of the actions

that an individual may take if affected by TCE contamination. Along with this, I acquired

previous cases involving the use of TCE including any cases that may have precedent over a

case in Peterborough. The cases revealed decisions made in TCE cases as well as the laws

relevant to each situation.

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Results

The materials produced in this project are in the form of reports. There are five reports

which can be found in the appendix section in the following order:

Table 1: Layout of Appendix Section

Appendix Letter Content

A Map of Peterborough

B Industrial History of Peterborough

C Industrial History of Peterborough - In Short

D TCE Report

E TCE - What you need to know.

F Industrial Law - Trichloroethylene

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Discussion

Research Question 1

The first research question required the sectioning off of the south end of Peterborough and

identification of industries located in the area between the 1870s and 1970s. The north/south

boundary of the south-end was defined as the area between Wolfe St and Braidwood while the

east/west was set between Monoghan Rd and Park St. N. This information is outlined on a map

in Appendix A. The specified time period was chosen because research revealed that this was the

period in which most of the industries developed in Peterborough. The time period also

conveniently includes the duration within which most of the industrial pollution would have

taken place which was advantageous for this analysis.

The industries that were found to be located in this area include Outboard Marine

Corporation, General Electric, Peterborough Canoe Company, The Peterborough Lumber Co.

Ltd, Malt Extract Manufacturing, De Laval Co. and Martin-Hewitt containers Ltd. Many of these

companies, mainly the larger ones used trichloroethylene primarily as a degreaser and sometimes

as a solvent however, proper disposal techniques were not always practiced (8). A major

example of this is OMC’s disposal of its used TCE at its Peterborough location (9). The

company often disposed of the chemical in designated soil pits – a practice which later proved to

be hazardous to the environment and is thought to have contributed to health issues of some

individuals in the community (9).

Proper disposal of TCE involves processing of the chemical to neutralize its effects on the

environment. In order to dispose of TCE, a combustible fuel must be added to it before it is

incinerated (10). The burning should be carried out to completion in order to prevent the

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formation of toxic by-products (10). Along with these disposal specifications, other guidelines

were outlined in the report.

One guideline regarding TCE use highlights the designation of TCE as hazardous waste in

1986, at which time companies should have stopped dumping it into the soil (9). The regulation

required companies to seek permission from the Ministry of Environment before use of the

chemical (9). The implementation of this regulation was a prudent decision for the Ministry as

the regulation introduced a tracking system which allowed the Ministry to monitor areas in

which the chemical would be used as well as the amount of chemical used by each company. The

Ministry would then be able to disclose necessary information to residents and workers and

ensure that proper procedures were being followed by the company.

Research Question 2

The second research question required disclosure of the chemical properties of TCE as well

as the effects of the chemical on the body and the environment. The report mentioned the

solubility and volatility of TCE which are two highly notable characteristics. The partial

solubility of TCE allows it to interact and travel with water while the volatility factor allows the

chemical to quickly evaporate and remain in the air for extended periods. The density of TCE is

also a very important characteristic considering the fact that TCE sinks to the ground level

(below air) where it is able to travel for long distances (8). This information is useful for

companies when considering effective ventilation systems for optimal protection of workers.

TCE can enter the body through inhalation, skin contact, eye contact and ingestion (6). One

interesting finding revealed that the vapours of the chemical are actually just as harmful as the

liquid form in the case of skin contact and eye contact (11). Long term exposure to TCE has been

associated with diseases such as Hodgkin’s disease (cancer of the lymph or white blood cells),

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multiple myeloma (cancer of the plasma cells/bone marrow), cervical cancer and liver cancer

(12). A large portion of these results originated from studies done on mice because there have

been only a few TCE carcinogenicity studies done involving human observation (12). Even so,

the data is valid because the similarities between mice and humans allow for very similar

metabolic reactions to TCE (12). Studies using mice are therefore very common.

TCE can be detected by humans at about 100 parts of TCE per million parts of air (13). At

lower concentrations, TCE exposure may go unnoticed until research or testing is carried out as

was the case in Peterborough. Air-borne TCE may enter the homes of individuals through cracks

in the foundation. This process is referred to as vapour intrusion and is a major cause of concern

for residents who may be located above a plume. A schematic of vapour intrusion can be viewed

in Appendix D-I and an outline of the Peterborough plume is located in Appendix B-II. A plume

is defined as a volume of contaminated groundwater that extends downward and outward from a

specific source (14). The plume can be seen stretching from north of Lansdowne Street into the

downtown area, so it is evident that the streets of interest (Romaine and Brioux) are located

within this plume. The figure illustrates the vast area that may be affected as a result of a single

contamination issue. In the Peterborough case, there appears to have been multiple areas of

origin which combined to form one large plume.

Research Question 3

The final research question deals with the policy and law surrounding industrial pollution in

Peterborough. The report discussed a few TCE regulations in Canada as well as screening levels

in Canada and the United States which appeared to be relatively similar. A very interesting case

occurred in the adjacent Kawartha Lakes, where the city reported an oil spill to the Ministry of

Environment (14). Surprisingly, the city ended up being liable for the pollution because it had

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spread from private property to public owned land (14, 15). The Ministry’s order for the city to

clean up the spill has been appealed by the City of Kawartha and is still being debated within the

court system (15). Since the City of Kawartha is very close to Peterborough, the outcome of the

oil-spill case may affect the decisions made regarding similar cases occurring in Peterborough.

The report produced for this research question also outlined acceptable concentration levels

for TCE in the air, water and soil within the United States (U.S.) and Canada. A detailed table of

these levels can be viewed in Appendix F-3. Comparison between TCE air levels measured in

the U.S. and Canada in 2009 revealed that the values were very similar (16). The acceptable TCE

levels for air, water and soil are relatively similar for the U.S. and Canada. These values can be

viewed in Appendix F-4.

Regarding TCE in Peterborough, attempts have been made to clean up the pollution. Since

2001, the MOE has been implementing clean-up procedures to rectify the problem; this started

with the removal of around 40,000 tonnes of contaminated soil in 2002 (13). Steps have also

been put in place to purify the groundwater by speeding up the TCE evaporation from the water

as well as treating the contaminated water to prevent the spread of the plume (13). The current

concerns in Peterborough are based on the residual TCE that has yet to be purged from the

environment.

General Points

When summarizing the documents, I remained aware of any jargon that needed to be

explained and made sure that all of the terms and abbreviations were properly defined. This

proved to be slightly challenging but provided good practice in developing a skill that is

important for any scientist to possess – being able to explain science in laypeople’s terms. The

final reports produced in this project will be distributed to interested members of TCE HELP and

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will also be made available to the general public. Hopefully, the information provided about TCE

and its potential effects in Peterborough will arouse interest in the community and in turn,

encourage cooperation from the necessary parties to rectify any problems.

Throughout the course of this project, I have discovered various opportunities for further

research. One such involves a task which was present in the initial project outline but could not

be completed because the required documentation was not made available on time. Freedom of

information requests were sent to the Ministry of Environment and the Peterborough County-

City Health Unit in attempts to retrieve documents regarding illnesses in Peterborough as well as

industrial practices of some of the companies located in the south end. TCE HELP has had much

difficulty with retrieving the documents and still have not received them as yet. Fortunately,

these documents are open to public viewing at any point in time. Therefore, it may be in the

interest of TCE HELP to develop a further community based project that focusses solely on

reviewing these reports and collecting useful information.

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References

1. Adams P, Taylor C. Peterborough and the Kawarthas. Peterborough: Trent University

Department of Geography, 2009.

2. Scott CS, Jinot J. Trichloroethylene and Cancer: Systematic and Quantitative Review of

Epidemiologic Evidence for Identifying Hazards. Int. J. Environ. Res. Public Health

2011;8:4238-4272.

3. Consumer Factsheet on: Trichloroethylene.

4. San Juan D, Hodge E, Copes R. Trichloroethylene (TCE) Contamination in the Bishop

Street Community, Cambridge, Ontario. Ontario Agency for Health Protection and

Promotion 2011.

5. Ecology Dictionary: Ground Water Plume.

http://www.ecologydictionary.org/GROUND_WATER_PLUME

6. Bahr DE, Aldrich TE, Seidu D, Brion GM, Tollerud DJ, Muldoon S, et al. Occupational

exposure to trichloroethylene and cancer risk for workers at the Paducah gaseous

diffusion plant. International Journal of Occupational Medicine and Environmental

Health 2011;24(1):67-77.

7. Vermeulen R, Zhang L, Spierenburg A, Tang X, Bonventre JV, Reiss B et al. Elevated

urinary levels of kidney injury molecule-1 among Chinese factory workers exposed to

trichloroethylene. Carcinogenesis 2012;33(8):1538–1541.

8. Wright C, Mullis L, Maynes L. Peterborough toxic profile. OPIRG Peterborough 1983:1-

60.

9. Peterborough County-City Health Unit. Questions & Answers: Trichloroethylene (TCE)

presence at the former site of Outboard Marine Corporation of Canada. Updated April 19,

2012.

10. Toxicological Profile for Trichloroethylene. U.S. Department of Health and Human

Services; Public Health Service: Agency for Toxic Substances and Disease Registry,

September 1997.

11. The Behr Dayton Toxic Plume. What you need to know about the McCook Field

Neighbourhood trichloroethylene (TCE) contamination and class action lawsuit. 2008.

http://mccookfield-lawsuit.com/What-is-TCE.html

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12. National Toxicology Program, U.S. Department of Health and Human Services. Report

on Carcinogens: Trichloroethylene. Twelfth Edition 2011:420-423

13. Wedley B. Medical officer of health assures residents in area of former Outboard Marine

plant that trichloroethylene levels were very low in test results. Peterborough Examiner,

June 27, 2012.

14. McRobert D. The OMC Canada TCE Plume: Liability Issues and General Legal

Information. June 26, 2012.

15. Gervais L. City of Kawartha Lakes still fighting to have oil spill polluter pay for

Thurstonia Park cleanup costs. The Lindsay Post. Monday, March 18, 2013.

http://www.thepeterboroughexaminer.com/2013/03/18/city-of-kawartha-lakes-still-

fighting-to-have-oil-spill-polluter-pay-for-thurstonia-park-cleanup-costs

16. Health Canada: Environmental and Workplace Health. Guidelines for Canadian Drinking

Water Quality: Supporting Documentation – Trichloroethylene, 2009.

Appendix A

A-I

Fig 1: Map of South End of Peterborough

Appendix B

B-1

Understanding Trichloroethylene (TCE) and Its Health

and Environmental Concerns in Peterborough

Industrial History of Peterborough’s South End

Community Based Education Project by

Saskia Griffith

for

TCE HELP

2013

Appendix B

B-2

Table of Contents

Purpose B-3

Peterborough’s South End B-3

Brief General History B-3

The Industries B-4

General Electric B-5

Outboard Marine Cooperation B-6

Other Companies B-7

Guidelines to prevent contamination B-8

Conclusion B-9

References B-10

Appendix B

B-3

Purpose

The current report is a subsection of a full community based education project completed

for TCE HELP (Trichloroethylene: Homeowners and Residents Exposed to Lethal Pollution).

This section of the project outlines the industrial history of Peterborough’s south-end, with

specific attention to the use of trichloroethylene (TCE), as well as the guidelines surrounding

disposal of TCE and other chemicals.

Peterborough’s South End

For the purpose of this paper, “Peterborough’s south end” will be clearly defined to

include the two main streets of interest: Romaine Street and Brioux Avenue. The boundaries

were slightly extended to include the industries that were located in the area and were defined as

follows: north/south between Wolfe Street and Braidwood Avenue and east/west between

Monoghan Road and Park Street North. Wolfe Street is about three blocks north of Romaine

Street while Braidwood Avenue is two blocks south of Brioux Avenue. Monoghan Road and

Park Street North are one block apart.

Along with these set boundaries, a specific time period for the industry review also had to

be defined. This time period is between 1870 and 1970, as this time period includes the initial

development of many of the industries as well as their peak productivity years. Considering this,

it is inferred that most of the TCE use by the companies would have taken place throughout this

time period.

Brief General History

I have decided to introduce the industrial history of Peterborough by first explaining the

reasons behind its industrialization. In the 1800s, water mills which were located on the banks of

the Otonobee River qualified Peterborough as a suitable “carrying place” – a river-based

Appendix B

B-4

transportation system (1). Throughout the following 20-30 years, further immigration allowed

for the development of lumber and agriculture in the area which facilitated the shift from water-

based transportation to land-based, using roads and rail links (1). When Canadian General

Electric opened its Peterborough branch in the early 1900s, Peterborough’s potential as an

industrial city became widely recognized (1). Industries were attracted to Peterborough mainly

because there was free land, low assessments and tax incentives (2). The city became ridden with

companies which allowed for many employment opportunities, so naturally, a large increase in

population closely followed.

The Industries

The development of Peterborough into a major industrial town, introduce numerous

businesses, companies and services to the area, which were divided into various categories. The

categories included: primary manufacturing and assembly; secondary manufacturing and

assembly; die casting, fabrication and plating; paper printing and packaging; food and beverage;

hospitals, surgical equipment and educational institutions; and plastics (3). For the purpose of

this report, the main category of concern is the first: primary manufacturing and assembly

(PM&A).

PM&A industries include those that manufacture and assemble a finished product and,

more importantly, are major employers in the area of interest (3). Two major factors which

contribute to the vulnerability of PM&A industries include the high volume of workers as well as

the large quantity of hazardous materials required to run this class of industries (3). The main

hazardous materials used by these industries in Peterborough include cutting fluids and greases,

degreasers, paints, solvents, welding and soldering materials and insulation and packaging

materials.

Appendix B

B-5

Trichloroethylene is categorized as a degreaser and a solvent and was frequently used by

the PM&A industries in Peterborough (3). The chemical irritates the skin and eyes upon contact,

is dangerous if ingested and has been subjected to years of carcinogenicity studies (3). A major

issue faced by workers who were exposed to this chemical was the lack of an appropriate

ventilation system which compounded the dangerous effects of the chemical on them (3). In

some cases, to decrease worker exposure to TCE, provisions were made within the factories to

minimize skin contact (3). Workers were provided with protective equipment such as rubber and

cotton gloves, aprons and barrier creams which they used in hopes that the effects of the

chemical would be minimized (3). Unfortunately, these either did a poor job in protection from

exposure, or hindered some of the working practices (3). For young workers who could not

switch to another department, the situation resulted in these employees having to quit their jobs

(3).

Within Peterborough, two major PM&A companies were identified: Canadian General

Electric (CGE) and Outboard Marine Company (OMC) (3).

Canadian General Electric

The Peterborough plant developed in 1903 was one of the largest in General Electric’s

Canadian empire (4, 5). Given this, it was no surprise that GE was the largest, most powerful

plant in Peterborough (4). A map showing the industrial layout of Peterborough in 1960

(Appendix B-I) indicated that GE expanded over a large area bordered by four streets: Wolfe

Street, Albert Street, Monaghan Road and Park Street North. This GE plant specialized in

industrial lines, production of condensers, switchgear equipment, small and large motors, large

generators and voltage regulators, as well as some smaller equipment such as cables and

Appendix B

B-6

conductors (4). It also produced a large amount of nuclear fluid, containing almost 70 tons of

uranium oxide (6).

The land on which Canadian General Electric stood had previously been a cedar swamp

which means that the land had a high water content before GE was built. This factor could have

contributed to the rapid spread of any contaminant introduced to the soil at or around GE’s

location as the contaminants mainly spread through the movement of water (6). General Electric

(GE) used TCE as a degreaser, probably to clean various metal parts (3). The degreasing process

involved the dipping of metal parts into the vapour or liquid solution of an organic solvent (3).

This would have directly exposed any workers involved in this task to the degreaser.

Research conducted to uncover information about the disposal techniques utilized by GE

resulted in little information. The company’s procedures are not as well documented as those of

companies such as De Laval and OMC. These companies are further discussed in the following

sections.

Outboard Marine Corporation

It was evident in 1928 that OMC was destined to be a major operation that could create

many opportunities for the City of Peterborough (2). This is why the company caught the

attention of then Peterborough Mayor Ronald Denne, who succeeded in convincing OMC

president at the time, Les Groombridge to bring the company to Peterborough rather than to the

proposed Toronto location (2). The company’s Peterborough operation expanded through the

1930’s and by the 1960’s it comprised a 450 000 square foot area and employed about 20,000

people (2). It was located at 910 Monaghan Road which lay between Romaine St and Lansdowne

St (7).

Appendix B

B-7

The location of OMC was determined with the help of fire route maps viewed at the

Trent University archives (8). A smaller map obtained from the archives is shown in Appendix

B-I. Since the map was constructed before the time period of interest, most of the industries were

not yet built. However, the prospective location of OMC is denoted by the number “3” and

highlighted in orange. The site choice seemed fitting for the company because the land had been

used for manufacturing purposes since 1913 – a trend that was continued (6, 9). OMC

specialized in the manufacture of boat motors, power lawn mowers, snow blowers, chain saws

and snow cruisers (6).

Like General Electric, OMC used trichloroethylene as a degreaser for the cleaning of

metal parts (9). It was the practice at the time to occasionally dispose of used TCE into the

ground (8). The TCE contamination of OMC’s Peterborough property became apparent around

the 1990s and was said to have contributed to the formation of a large plume (shown in

Appendix B-II) (8, 9). A plume can be defined as a volume of contaminated groundwater that

extends downward and outward from a specific source (10). Clean-up attempts began shortly

after this and continued through the 2000s, even after the company’s declaration of bankruptcy

in Dec 2000 (9). By October 2002, tens of thousands of tons of contaminated soil and liquid

were removed from the site (9).

Other companies

OMC and GE are the two main companies thought to have contributed to TCE

contamination of the ground water in the south end of Peterborough. However, there were many

other businesses located in the area that may have contributed minor amounts of chemical to the

groundwater. Some of these include:

Appendix B

B-8

• Peterborough Canoe Company – located just west of the Monoghan Rd / Braidwood Ave

junction. It is marked as number 1 and highlighted in purple on the map in Appendix B-I.

The company specialized in making canoes and related equipment such as paddles, oars,

skis, toboggans, sleds and duck decoys as well as other products like skiffs, launches,

runabouts, cruisers, dinghies and dories (11).

• The Peterborough Lumber Co. Ltd – located near the junction of Monoghan Rd and

Lansdowne St (highlighted in yellow as number 2 in Appendix B-I).

• Malt Extract Manufacturing – located on Park St. N. between Brioux Ave and

Lansdowne St. (highlighted in light pink and marked as number 4 in Appendix B-I).

• De Laval Co., previously Alfa Laval – a Swedish company that opened in Peterborough

in 1912. It was located at the junction of Park St. N. and Lansdowne St, which is marked

as number 5 and highlighted in dark pink on the map in Appendix B-I. The company

produced milking machines and cream separators. An environmental report focused on

the New York De Laval branch provides proof that the company used TCE in its

manufacturing process (12). Between 1956 and 1979, the land surrounding the New

York-based Alfa Laval was said to have accepted gallons of liquid industrial waste (12).

It is therefore possible that the Peterborough branch contributed to groundwater

contamination by engaging in similar practices.

• Martin-Hewitt Containers Ltd. – located on Park St. N. just south of Romaine St.

(highlighted in green and marked as number 6 in Appendix B-I).

Prevention of Contamination

All waste disposal of TCE unto the ground should have ceased around 1986-1987 when

new waste management regulations ordered companies to stop the destructive practise (8). TCE

Appendix B

B-9

was then classified as a hazardous waste and following this regulation, the use of TCE required a

certificate of approval from the Ministry of Environment (8).

Conclusion

Peterborough rapidly transformed into “The Industrial City” in the late 1800s when the

city’s potential was spotted by many major companies. Although there were many positive

effects, this development may have negatively affected the environment. Attempts have been

made to reverse negative effects through clean-up procedures and implementation of TCE

regulations. These steps have positively altered the situation in many cases, but there is still work

to be done.

Appendix B

B-10

References



2. DVD 2118 TC - History of Peterborough [videorecording] / c[produced by Wally

Macht].


60.

4. Sangster J. Earning Respect: the lives of working women in small-town Ontario, 1920 –

1960. Toronto: University of Toronto Press Incorporated, 1995.

5. Heintzman TG. Does an insurer’s duty to defend apply if the insured complies with an

environmental investigation? Construction Law Canada,14 Aug 2012.

6. Borg R. Peterborough, Land of Shining Waters: An Anthology. City and County of

Peterborough, 1967.

7. City of Peterborough Sheet Maps 12, 13, 18, 21 and 30. Trent University Archives.

Viewed October, 2002.



2012.

9. http://www.thepeterboroughexaminer.com/2012/03/14/toxic-chemical-tce-found-in-soil-

at-former-outboard-marine-site-on-romaine-st



11. Peterborough Canoe Co. Plumsweep Press, 2009.

http://www.ivyleashirtco.com/info/peterboroughcanoeco.html

12. Jones Sanitation New York. EPA Region 2. Congressional Dist. 24. EPA ID#

NYD980534556. 1991:103-104.

Appendix

B-I

Fig 1. Map Showing Location of Industries in Peterborough’s South End.

Appendix

B-II

Fig 2: Map Showing TCE Plume in South End of Peterborough.

Appendix C

C-1

Industrial History of Peterborough’s South End – In Short

Peterborough became known as the “Industrial City” in the early 1900s during an influx

of major businesses into the city (1). The industries were attracted to Peterborough mainly

because there was free land, low assessment rates and tax incentives (2). Many of these

businesses claimed unused land that was located in the city’s south end – the area of interest in

this paper. The boundaries of the south end of Peterborough are defined as follows: north/south

boundaries of Wolfe Street and Braidwood Avenue, and east/west boundaries of Monaghan

Road and Park Street North.

Canadian General Electric and OMC were two of the largest companies in the defined

area and were thought to be the major contributors to TCE contamination. Both companies

belong to a class of industries called Primary Manufacture and Assembly (PM&A) – industries

characterized by use of large volumes of hazardous materials and high employment numbers (3).

Both of the companies used large amounts of TCE daily and there is evidence that at least one of

these companies did not always use proper disposal techniques (4). There were also several other

companies located in the area that may have contributed to the contamination in Peterborough’s

south end – for example De Laval Co. (previously Alfa Laval) (5). A map showing the area, as

well as the location of other industries can be viewed in Appendix C-I.

The introduction of TCE into the soil and groundwater contributed to the formation of a

plume beneath the city of Peterborough. A plume is a volume of contaminated groundwater that

extends downward and outward from a specific source (6). Appendix C-II shows a map outline

Appendix C

C-2

of this plume which spans a significantly large area. It is evident that at least two contaminated

sited contributed to this plume.

The improper disposal of TCE has been prohibited by regulations put in place by the

Ministry of Environment (MOE) in 1986. Clean-up procedures have been carried out by the

MOE in an attempt to remove the contamination (7). These procedures included the removal of

40,000 tonnes of contaminated soil in 2002, and treatment of contaminated groundwater

thereafter (6). Tests conducted in homes in 2012 revealed that there was still TCE present in the

groundwater which was entering the homes through vapour intrusion. Vapour intrusion is

defined as the migration of vapours into households through cracks in foundations (8). A detailed

account of vapour intrusion can be seen in Appendix C-III.

TCE HELP (Trichloroethylene: Homeowners and Residents Exposed to Lethal Pollution)

is a newly formed organization which consists of concerned homeowners and residents who may

be affected by the pollution. The goal of the organization is to assist affected individuals with

concerns surrounding the TCE exposure, such as health impacts (and possible compensation),

remediation of property, impacts on property values, industrial history, environmental justice

issues, occupational exposures, and lawsuits or class actions related to some of the previously

mentioned points. The organization strives to gain the cooperation of the MOE in order to

resolve these issues in a timely manner.

Appendix C

C-3

References



2. DVD 2118 TC - History of Peterborough [videorecording] / c[produced by Wally

Macht].


60.



2012.

5. Jones Sanitation New York. EPA Region 2. Congressional Dist. 24. EPA ID#

NYD980534556. 1991:103-104.



7. Wedley B. Medical officer of health assures residents in area of former Outboard Marine

plant that trichloroethylene levels were very low in test results. Peterborough Examiner,

June 27, 2012.

8. U.S. Environmental Protection Agency. EPA’s Vapor Intrusion Database: Evaluation and

Characterization of Attenuation Factors for Chlorinated Volatile Organic Compounds and

Residential Buildings. Office of Solid Waste and Emergency Response, 2012.

Appendix

C-I

Fig.1: Map Showing South End of Peterborough.

Appendix

C-II

Fig.2: Map Showing Plume in South End of Peterborough.

Appendix

C-III

Fig.3: Illustration of Vapour Intrusion.

Appendix D



TCE Chemistry


Saskia Griffith

for

TCE HELP

2013

Appendix D

D-2

Table of Contents

Purpose D-3

Trichloroethylene: The Chemistry D-3

Trichloroethylene and the Body D-5

Trichloroethylene and the Environment D-7

References D-9

Appendix D

D-3

Purpose

The current report is a subsection of a full community based education project completed for

TCE HELP (Trichloroethylene: Homeowners and Residents Exposed to Lethal Pollution). This

section of the project identifies the chemical of interest (trichloroethylene), discusses its

chemical properties, and highlights the dangers of the chemical. In an effort to promote a better

understanding of TCE, the report also sums up the health effects of TCE and describes the

chemical’s interaction with the environment. The report was directed by the following research

question:

“What is the chemical composition of TCE and how does it interact with the

environment? What effects, if any, does TCE have the body?”

The information will be discussed in detail and a summary version of the report will be available

within the project.

Trichloroethylene: The Chemistry

Trichloroethylene (TCE) is a non-flammable liquid that is colourless at room temperature

(1). It has a sweet odour that has been described as ethereal or heavenly, similar to that of

chloroform (2). Most people can smell TCE at 100 parts of TCE per million parts of air (3). TCE

is also described as having a sweet, burning taste (4).

The Chemical Abstract Society (CAS) number for TCE is 79-01-6 (3). This is just an

identification number assigned to the compound (3). Some other chemical names for TCE

include trichloroethene, ethylene trichloride and 1, 1, 2 trichloroethylene (2, 5). These are just

different ways of saying that the compound is made up of ethene (two carbons connected by a

double bond) and three chlorines, two on one carbon and one on the other. The three chlorines in

Appendix D

D-4

the compound promote the solubility of TCE in water because they ionize and allow polarization

of the compound. This means that when introduced to water, the chlorines become negatively

charged and strengthen the bond between water and the compound. However, the compound also

contains an organic backbone of two carbons double bonded to each other. This is the non-polar

part of the compound which repels water and settles at or below the water level because it

possesses a slightly higher density than water (3). TCE is therefore considered to be slightly

soluble in water, and its organic nature also allows its solubility in ethanol, acetone, diethyl ether

and chloroform – organic compounds similar to TCE (6).

A notable characteristic of TCE is its volatility, which means that it easily converts to its

vapour form and may be found in the air at a higher concentration than less volatile substances.

The volatility is due to the relatively low molecular weight of the compound (131.4 g/mol),

which enhances its ability to float easily (3). Another notable feature of TCE is the fact that it is

4 ½ times heavier than air and can travel at the floor level for very long distances (5). Although

the compound is non-flammable, intense heating may cause ignition (7). As well, decomposition

of TCE may form very hazardous products (7). An example of a decomposition product of TCE

is vinyl chloride, which burns easily, is unstable at high temperatures and is far more toxic than

TCE (8). The product forms when TCE is exposed to anaerobic conditions – this likely happens

after the TCE is disposed of (3).

The main use of TCE is to remove grease from objects such as fabricated metal parts and

textiles (2). TCE is also found in glue and adhesive removers, spot removers, rug cleaning fluids,

paints, metal cleaners and even typewriter correction fluid (8). WHMIS (Workplace Hazardous

Materials Information Systems) classifies the toxicity of TCE to be within three categories: D1B

- Toxic; D2A - Very Toxic (Carcinogenicity; Mutagenicity) and D2B - Toxic (Skin irritant; Eye

Appendix D

D-5

irritant) (7). These classifications communicate the danger of the chemical and caution

individuals who may be handling the chemical.

Trichloroethylene and the Body

Trichloroethylene can enter the body through inhalation, skin contact, ingestion and eye

contact (1). When inhaled, TCE can be very toxic and harmful, irritating the throat and nose (4,

7). It may also cause headaches, dizziness and damage to the facial nerves (4, 7). At very high

concentrations, inhaled TCE can cause unconsciousness and even death (4). Skin contact causes

redness, swelling and pain at the site (4). Surprisingly, even the vapour may irritate the skin,

although after TCE is absorbed through the skin, no harmful effects are expected (4). Similar to

this, the vapour form of TCE may also irritate the eyes (4). If ingested, the effects of TCE are

similar to that of inhalation (4). Experiments completed to determine long term effects of

ingestion or inhalation of TCE showed liver and kidney damage in animals as well as

developmental effects on mouse fetuses (8).

Upon entering the body, TCE is rapidly absorbed from the stomach, intestines and lungs

and distributed throughout the body settling in areas such as liver, brain and body fat (9). The

substance is non-toxic when it first enters the body, but soon undergoes changes, breaking down

into toxic substances (dichloroacetic acid, trichloroacetic acid, chloral hydrate or 2-chloroacetic

aldehyde) which are hazardous to humans and animals (1, 9). The chemical alteration occurs

mainly in the liver and kidneys, thus these organs are most often affected by the chemical (1).

TCE exposure has been associated with diseases such as lymphoma, cancer of the liver, biliary

tract, kidney and cervix, and multiple myeloma (1, 10).

There have been very few studies carried out on carcinogenicity of trichloroethylene in

humans – around seven cohort studies were noted as of 2011 and I located one conducted in

Appendix D

D-6

2012 (9). Analysis of these studies suggested elevated risks of death from Hodgkin’s disease,

multiple myeloma, cervical and liver cancer (9). It was noted that these studies consist of small

numbers of exposed workers and were confounded by other solvents and/or exposure to other

cancer risk factors (9). One example of such is a study conducted in 2011 in Kentucky (1).

A large occupational study based on a gas company in Kentucky called Paducah Gaseous

Diffusion Plant (PGDP) assessed the standardized mortality ratios (SMR) of individuals exposed

to various levels of TCE (1). The exposure levels were classified into numbers from 0-5, with a

higher level of exposure being denoted by a higher number. Since the number of female deaths

was too few for any useful conclusions to be drawn, the analysis comprised of data collected

from 5535 males. Results indicated a significantly high SMR for the TCE exposure group 0-3 for

Non-Hodgkin’s lymphoma, but little to no TCE effect on other cancers such as lung cancer,

leukemia, kidney and liver cancer. Instead, instances of cancer were attributed to other causes,

for example, lung cancer to cigarette smoking, and other cancers to exposure to elevated levels

of other toxic substances such as arsenic, nickel, uranium, beryllium and hexavalent chromium.

In the end, the study showed that PGDP workers were not negatively affected by TCE exposure

based on SMR calculations. The low SMRs found in the experiment and the difference between

the actual findings and projected findings were attributed to the healthy worker effect (HWE).

This term suggests that healthier workers will seek employment and will continue to be

employed because of their good health. The HWE concept has been studied for over 100 years

and there is still no method for controlling for the effect. (1)

A more recent study done in 2012 resulted in more definitive findings than the previous

study. The 2012 study was done on eighty Chinese factory workers who come into contact with

TCE (11). The workers were observed and compared to a control group that worked in similar

Appendix D

D-7

environmental conditions, for example, clothing manufacturing and food production factories

that did not use TCE (11). It was found that TCE had a toxic effect when present at

concentrations below the Occupational Safety and Health Administration exposure limit of

100ppm and the National Institute of Occupational Safety and Health exposure limit of 20ppm

(11). The study tested for changes in nephrotoxicity (kidney-related) markers and the findings

supported the hypothesis that TCE exposure may contribute to renal cancer (11).

Cancer studies conducted on mice exposed to TCE revealed that the chemical caused

tumors when inhaled or ingested (introduced through a stomach tube in the mice) (9). Benign

and malignant liver tumors and lung tumors were observed in both sexes (9). The female mice

developed lymphoma while the male mice developed kidney cancer, testicular tumors and

leukemia (9).

Trichloroethylene and the Environment

When TCE is released into the soil, it may either evaporate or leach into the groundwater

(2). Within the soil, TCE is readily mobile; it does not stay in one place for a long time (3). As

mentioned earlier, the slight solubility coupled with the density of TCE causes it to settle at or

below the water level (3). From this state, it can slowly be released into the environment over

time (3). These features of TCE contribute to its characterization as a volatile organic compound

(VOC) (6). The ease of evaporation of VOCs like TCE promotes vapour intrusion – the

migration of vapours into households through cracks in the foundation (6). A detailed account of

vapour intrusion can be seen in Appendix I. The settling of TCE in the ground water is also

referred to as a subsurface plume (12).

Appendix D

D-8

The presence of TCE within homes is tested using machinery which identifies the

concentration of TCE in the air through a process called chromatography. The following is a list

of TCE action levels adopted from Peterborough County-City Health Unit:

- (TCE levels less than 0.5 µg/m3) - No further sampling or mitigation action required.

- (TCE levels greater than 0.5 µg/m3 and less than 5.0 µg/m

3) - Annual monitoring

recommended

- (TCE levels greater than 5.0 µg/m3 and less than 20 µg/m

3) - Semi-annual monitoring

with option to mitigate. More immediate action may be required where pregnant women

may be exposed.

- (TCE levels greater than 20 µg/m3 and less than 50 µg/m

3) - Semi-annual monitoring

with option to mitigate, also recommended that pregnant women, or those who could

become pregnant, avoid indoor air exposure at these concentrations.

- (TCE levels greater than 50 µg/m3) – Monitoring and high-priority for mitigation action,

also recommended that pregnant women, or those planning on becoming pregnant, avoid

indoor air exposure to these concentrations.(13)

This list illustrates the risk levels of TCE when present in the environment. Although low levels

of TCE are said to have little to no effect on individuals, many people may be uncomfortable

knowing that they are being exposed to a potentially dangerous chemical.

TCE may be eliminated from the environment by removal or treatment of contaminated

water and removal of contaminated soil. However, even after cleanup, levels should be checked

to ensure that the area is safe and habitable in order to minimize human contact with the

chemical.

Appendix D

D-9

References




Health 2011;24(1):67-77.


3. Muller P. Potential for occupational and environmental exposure to ten carcinogens in

Toronto: Trichloroethylene (TCE). Tox Probe Inc. 2002: B103-B111.





60.

6. U.S. Environmental Protection Agency. EPA’s Vapor Intrusion Database: Evaluation and

Characterization of Attenuation Factors for Chlorinated Volatile Organic Compounds and

Residential Buildings. Office of Solid Waste and Emergency Response, 2012.

7. Canadian Centre for Occupational Health and Safety. Trichloroethylene.

http://www.ccohs.ca/oshanswers/chemicals/chem_profiles/trichloroethylene.html




on Carcinogens: Trichloroethylene. Twelfth Edition 2011:420-423.

10. Scott CS, Jinot J. Trichloroethylene and Cancer: Systematic and Quantitative Review of

Epidemiologic Evidence for Identifying Hazards. Int. J. Environ. Res. Public Health

2011;8:4238-4272.

11. R, Zhang L, Spierenburg A, Tang X, Bonventre JV, Reiss B et al. Elevated urinary levels

of kidney injury molecule-1 among Chinese factory workers exposed to

trichloroethylene. Carcinogenesis 2012;33(8):1538–1541.

12. San Juan D, Hodge E, Copes R. Trichloroethylene (TCE) Contamination in the Bishop

Street Community, Cambridge, Ontario. Ontario Agency for Health Protection and

Promotion 2011.

Appendix D

D-10


presence at the former site of outboard marine corporation of Canada. Updated April 19,

2012.

Appendix

D-I

Fig1. Migration of Vapours to Indoor Air

Appendix E

E-1

Trichloroehtylene (TCE) – What you should know

TCE is a colourless liquid at room temperature and is described as having an ethereal

(heavenly) odour (1, 2). People are generally able to smell it at about 100 parts of TCE to a

million parts of air – this is a very small amount which emphasizes the potency of the odour (3).

Both the liquid and the vapour form of the chemical may irritate a person’s eyes and skin after

contact (4). Inhalation or ingestion of the chemical may pose severe acute health risks such as

dizziness, headaches, damage to facial nerves and even unconsciousness or death (4).

TCE has few, if any natural sources, therefore it is introduced to the environment mainly

through industrial processes. Many manufacturing companies used the chemical as a degreaser to

clean metal parts and also as a solvent, to dissolve other chemicals that are similar to TCE (2).

Unfortunately, some of these companies failed to properly dispose of the waste products after

use, and this improper disposal led to soil contamination (5). TCE is very mobile once it comes

into contact with the soil and it often leaches into the groundwater where it interacts with the

water, to some extent (3). The chemical is partially soluble in water and is also heavier than

water, therefore most of the TCE accumulates close to the soil level at the base of the water (6).

From exposed soil, TCE may evaporate and enter homes through cracks in the foundation or

other openings such as pipeline inlets. This process is referred to as vapour intrusion. It is

concerning because of the potential toxic effects of TCE.

Carcinogenicity studies have been conducted on TCE over a number of years. Difficulties

encountered regarding TCE studies on humans were overcome by conducting experiments on

mice. The fact that mice produce a similar metabolic reaction to TCE as do humans was

advantageous to these studies. Results obtained from the studies carried out on mice suggest that

there are a few diseases which may be brought on by long term TCE exposure (7). These

Appendix E

E-2

diseases include: Hodgkin’s disease, multiple myeloma, cervical cancer, kidney cancer and liver

cancer (7). The negative effects of the chemical on the liver and kidney are conceivable because

these organs break down TCE after it enters the body (1). During this chemical alteration, TCE is

transformed into one or more materials that are hazardous to the human body (1). These are the

materials which interact with various organs and may result in health issues such as the ones

mentioned above. A detailed report entitled “TCE Chemistry” provides more information on the

chemical as well as its effects on human health and interaction with the environment.

Appendix E

E-3

References




Health 2011;24(1):67-77.


3. Muller P. Potential for occupational and environmental exposure to ten carcinogens in

Toronto: Trichloroethylene (TCE). Tox Probe Inc. 2002: B103-B111.






2012.


60.


on Carcinogens: Trichloroethylene. Twelfth Edition 2011:420-423.

Appendix F



Industrial Law – Trichloroethylene


Saskia Griffith

for

TCE HELP

2013

Appendix F

F-2

Table of Contents

Purpose F-3

Regulation of chemical use F-3

Allowed TCE Levels F-4

Worker’s right to know F-5

Who is responsible for cleanup? F-5

When can you claim for damages? F-6

Cases/Case Law F-6

References F-7

Appendix F

F-3

Purpose

This report provides a summary of policy and law related to industrial pollution

responsibility. It highlights differing regulations surrounding TCE (trichloroethylene) discharges

into air, land and water in various jurisdictions and also identifies the parties responsible for

monitoring the levels of TCE pollution. An account of TCE pollution in Peterborough is outlined

in the appendix section of this document.

Regulation of chemical use

Canadian TCE / PERC Regulation

This regulation outlines the terms of use of two substances: TCE and tetrachloroethylene

(PERC). The following summary will focus on TCE.

•••• Goal of regulation: to freeze consumption of TCE for 2004 through 2006, and to achieve,

in 2007 and thereafter, a reduction in the amount used by industry for solvent degreasing

operations by 65%.

•••• This only applies to companies using over 1000kg of TCE per year for degreasing

purposes. The use of the chemical in dry-cleaning and in textile mills is exempt from this

regulation.

•••• An annual report must be completed and submitted at the end of each year that a

company uses an excess of the chemical.

•••• A new chemical called GenTech Vapour Degreasing and Cleaning Solvent has been

suggested the replacement of TCE. (1)

Appendix F

F-4

Allowed TCE Levels

U.S. EPA screening levels for TCE (Soil):

• Health-based soil and gas screen value (residential) – 22 µg/m3 (0.004 ppm)

• Residential- based soil and gas screening level – 27 µg/m3 (0.005 ppm)

• Health-based soil and gas screening value (nonresidential) – 150 µg/m3 (0.03 ppm)

• Nonresidential- based soil and gas screening level – 150 µg/m3 (0.03 ppm)

An interesting point to note is that the accepted residential screening level is higher than the

proposed health standard screening level for residential areas.

U.S. EPA screening levels for TCE (Air):

• Cancer health-based indoor air screening value (residential) – 0.4 µg/m3 (0.00007 ppm)

• Non-cancer health-based indoor air screening value (residential) – 2 µg/m3

(0.0004 ppm)

• Residential- based indoor air screening level – 3 µg/m3 (0.0006 ppm)

• Health-based indoor air screening value (nonresidential) – 3 µg/m3 (0.0006 ppm)

• Non-cancer health-based indoor air screening value (nonresidential) – 9 µg/m3 (0.002

ppm)

• Nonresidential- based indoor air screening level – 3 µg/m3 (0.0006 ppm)

(2)

U.S. EPA Maximum Contaminant Level (MCL) for Drinking Water: 0.005 mg/L, based on liver

problems and increased risk of cancer in adults (3).

Canada

• The Canadian Soil Quality Guideline for trichloroethylene for the protection of

environmental and human health is 0.01 mg/kg (0.002 ppm) for all land uses (4).

• Canadian air testing levels are listed in ranges from 0.5 to 50 µg/m3. Levels greater than

5.0 µg/m3 require constant monitoring while higher levels require purification measures

(5).

• In 2006, the MOE (Ministry of Environment) finally decided to strengthen the TCE

drinking water standards from 0.05 mg/L to 0.005 mg/L set under O. Reg. 169/03 of the

Safe Drinking Water Act, 2002(6).

Appendix F

F-5

Worker’s right to know

Oct 1st, 1979 Bill 70 states the following:

1. A worker has a right to know how hazardous chemicals are handled within the company

and the right to refuse to work (without penalty)

2. Workers are entitled to have a joint health and safety committee under the following

conditions:

• There is a group of more than 20 employees

• The workers use toxic substances

• The workers have permission from the Ministry of Labor to start such a

committee

Responsibilities of the committee: identifying sources of danger in the work place;

recommending improvements for health and safety and ensuring that current safety mandates

are being enforced; obtaining information from both employee and employer about potential or

existing hazards. The committee must consist of at least one member appointed by management,

and one worker/ trade unionist, who can only inspect the plant once a month. (7)

Who is responsible for cleanup?

Companies are legally required to clean up contamination if they are still in operation.

Property owners are liable to clean up contamination found on their property except for in cases

where the contamination is not due to their use of property (i.e. property is leased to another

company who contaminated it) (4)

If a business is not in operation, it can still be liable for contamination via the Environmental

Protection Act (EPA). However, if the costs exceed the value of the property, then the Ministry

of Environment is forced to take on some of the responsibility (4).

Appendix F

F-6

When can you claim for damages?

Limitations Act

Citation: (2002, SO 2002, C 24, Schedule B)

• The basic limitation states that a claimant has two years to begin the proceedings after a

claim is discovered – s. 4 (retrieved from section 4)

� A claim is considered to be “discovered” on the day on which the person realizes

or the day on which a reasonable person would have realized the issue – s. 5

Therefore, this means that there is no limitation period while an environmental claim remains

undiscovered but once discovered, a 2 year period applies – s. 17. (4)

Cases/ Case Law

Notice of Proposed Settlement of TCE Class Action Against Northstar Aerospace

In 2007 a class action was brought against Northstar Aerospace Inc. as well as Northstar

Aerospace Inc. (Canada) because the plaintiffs believed the cooperation was guilty of improper

handling, disposal and storage of TCE and chromium. The plaintiffs and the defendant produced

the following proposed settlement agreement

• NorthStar would pay funds to the property damage fund over the course of 3 years

• NorthStar would also pay monies to the extraordinary damage funds (referring also to

personal injury claims) (4)

The Corporation of the City of Kawartha Lakes v. Director, Ministry of the Environment,

2012 ONSC 2708

• The City of Kawartha Lakes, the victim of a third party oil spill was ordered to pay for

the cleanup of the spill on public property.

Appendix F

F-7

• The City was held liable to clean up the contamination, as the overriding concern was to

protect the environment

• The City could present no environmentally responsible alternative

• Update: the City of Kawartha Lakes gave notice to the MOE and the courts it intends to

appeal to the Ontario Court of Appeals

• First case since Appletex (1994) in which the Ministry of the Environment has forced a

completely innocent party to pay for a spill cleanup. It is now much riskier for a victim to

notify the MOE of a spill or historic contamination, as this may worsen the victim’s

problem (8).

Appendix F

F-8

References

1. Guide to Complying with the Canada's Solvent Degreasing Regulation for

Trichloroethylene (TCE) and Tetrachloroethylene (PERC). Reliance Specialty Products,

Inc. Regulatory Compliance Department, 2007

2. Derivation of the NJDEP vapor intrusion ground water screening levels (GWSL).

January 2013.

3. United States Environmental Protection Act. Trichloroethylene (TCE): TEACH Chemical

Summary, 2007.

4. Notice of proposed settlement of TCE class action against Northstar aerospace

companies.

http://www.classactionlaw.ca/content/claims/TCE/Notice%20of%20Proposed%20Settle

ment.pdf


presence at the former site of outboard marine corporation of Canada. Updated April 19,

2012.

6. Canadian Soil Quality Guidelines: Trichloroethylene Environmental and Human Health

Effects. Canadian Council of Ministers of the Environment, 2007.


60.



Appendix

F-I

TCE in Peterborough

In October 2011, soil vapour samples were collected from several locations in the vicinity of the former

OMCC facility and down-gradient. Elevated TCE concentrations were reported. Concentrations were

high enough that when modeled, the predicted indoor air concentrations suggested a potential risk. At

this time MOE initiated the development of an indoor air sampling program, in consultation with the

local health unit, City of Peterborough and Ministry of Labour. A second round of soil vapour sampling

was undertaken in December 2011, and although the results were lower, continued to suggest a potential

risk to indoor air. In February notices were delivered to the occupants and homeowners in the targeted

area requesting their participation in the program. Interviews were conducted with

homeowners/occupants beginning in March and continuing throughout the program. Sampling began the

last week of March and continued into the first week of May. Homeowners/occupants were notified

verbally (by telephone) of their indoor air results upon receipt by the local MOE office. Written

confirmations of results were mailed May 17, 2012.

To date we only have the results from the indoor air sampling program. Our Standards Development

Branch (SDB) is currently undertaking further analysis and interpretation. As a quick summary 26 homes

were sampled, 3 homes reported indoor TCE concentrations exceeding the Ministry’s 0.5 µg/m3 target

level, with the highest concentration being 2.58 µg/m3. All three locations had visible pathways for

vapour intrusion in the form of dirt floors or cut-outs in the basement’s concrete floor.

Soil vapour sampling had previously been done, since 2001 by the Environmental Remediation Receiver

(Dillon); however, in 2011 the MOE had requested modifications to their sampling program, including

the installation of additional monitoring locations in the area north of Lansdowne Street.

McRobert D. The OMC Canada TCE Plume: Liability Issues and General Legal Information. June 26, 2012.

understanding trichloroethylene (tce) and its...

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