MEC&F Expert Engineers : 03/10/15

Tuesday, March 10, 2015

DRUNK DRIVER CHARGED WITH VEHICULAR HOMICIDE FOR FIERY CRASH NEAR SPANAWAY, WA THAT LEFT ONE MAN DEAD, 2 INJURED





MARCH 10, 2015

TACOMA, WASHINGTON (AP)

A Roy, Pierce County, man has been charged with vehicular homicide for a fiery crash near Spanaway that left one man dead.

Pierce County Prosecutor Mark Lindquist says 31-year-old James Haygood was drunk when he struck a family’s vehicle on Saturday, killing the father and seriously injuring the mother and one daughter.  Another daughter escaped serious injury.

Haygood pleaded not guilty on Monday to charges that also included leaving the scene of an accident.  He is being held on $500,000 bail.

Witnesses said Haygood was swerving and crossing the center line before rear-ending a vehicle, speeding away and then hitting another vehicle about 10 minutes later.

The pickup truck he was driving rolled and caught fire.

Washington State Patrol Trooper Guy Gill said a detective found a man “hiding in the woods” several hours after the collision and he admitted to running from the scene

DUNKIN' DONUTS TO REMOVE TITANIUM DIOXIDE FROM DONUTS AFTER PRESSURE FROM PUBLIC INTEREST GROUP






MARCH 10, 2015

Dunkin' Donuts is dropping titanium dioxide from its powdered sugar donuts after pressure from a public interest group who argued it is not safe for human consumption.

Titanium dioxide is used to make the powdered sugar appear brighter. It is also used in sunscreen and paints. 

The group As You Sow argues titanium dioxide that can cause DNA and chromosomal damage when consumed. The decision by Dunkin' Donuts (DNKN) was recently disclosed by the advocacy group.

"This is a groundbreaking decision," said Danielle Fugere, president and chief counsel of the group. "Dunkin' has demonstrated strong industry leadership by removing this potentially harmful ingredient from its donuts." 

The group claims that titanium dioxide is a nanomaterial, which is not regulated or prohibited by the Food and Drug Administration. But As You Sow argues that there is not enough information on their effects on humans. 

"Asbestos, also a nanomaterial, was used before its harms were fully understood, leading to a costly health crisis," the group said. 

Dunkin' Donuts claims that titanium dioxide "does not meet the definition of 'nanomaterial' as outlined under FDA guidance." But it said nonetheless it is making the change to remove the chemical from its donuts. 

As We Sow has been introducing shareholder proposals at companies calling for the removal of titanium dioxide from various products. Such a resolution was supported by about 19% of Dunkin' Brands' shareholders last year. 

The group released a letter sent by a Dunkin executive saying it has reformulated the powered sugar and was working on a schedule to roll out the new recipe. 

It led As We Sow to drop a similar shareholder resolution from the company's upcoming proxy.

EPA FINES WHARTON CHEMICAL OF TEXAS, $230,000 FOR RCRA HAZARDOUS WASTE VIOLATIONS





March 10, 2015
 
DALLAS, TEXAS

The U.S. Environmental Protection Agency recently conducted a compliance evaluation of Wharton Chemical in Hungerford, Texas. The evaluation revealed violations of the Resource Conservation and Recovery Act (RCRA) related to the storage and handling of hazardous waste at the facility. 

The company will pay a $230,000 civil penalty to settle allegations that it violated RCRA, and taking steps to protect the local community from health and environmental risks associated with hazardous waste.

Wharton Chemical, also known as Lamberti USA, Inc., produces specialty chemicals for industrial applications. The facility was classified as a small-quantity generator of hazardous waste. However, during several occasions in Jan. 2009 through Dec. 2013, the facility generated large quantities of hazardous waste (1,000 kilograms of hazardous waste per month).
RCRA is the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally-sound storage and disposal of hazardous waste. 

The RCRA requirements mandate the use of safe practices which greatly reduce the chance that hazardous waste will be released into the environment.

CANADIAN TSB IMAGES OF THE GOGAMA, ONTARIO TRAIN DERAILMENT










GOGAMA, ONTARIO, CANADA DERAILMENT: STRONGER TANKER CARS NOT THE ONLY SOLUTION. TRAIN ACCIDENTS CAN BE 'EXTREMELY VIOLENT,' AND THICKER STEEL WON'T NECESSARILY PREVENT SPILLS AND FIRES










MARCH 10, 2015

GOGAMA, ONTARIO, CANADA

New standards for tanker cars are coming, but it's not yet clear how quickly the rail fleet will be updated. Fires from Saturday's derailment near Gogama, Ont., were still burning on Monday. (Transportation Safety Board) 

Jean-Pierre Gagnon, a leading expert on the tanker cars involved in the two CN train derailments and fires near Gogama, Ont., says there is "no miracle solution" to preventing catastrophic accidents.

Gagnon, who was Transport Canada's superintendent in charge of rail tank car regulations and standards before being laid off prior to the Lac-Mégantic rail disaster, says even the most heavily reinforced tank car can be breached. 

"Accidents can be extremely violent events," says Gagnon, who worked for 30 years with tanker cars and the movement of dangerous goods. "It’s not just a matter of speed, but how the cars pile up, and if there’s a rail pointing out like spear, and the car is at the right angle and goes into it, it’s going to be breached.

"As spectacular as these accidents are, the cars might have done their job."

In the February derailment near Gogama, 29 of 100 cars went off the tracks. The Transportation Safety board was called in to investigate. (Transportation Safety Board)

The DOT-111 tanker cars involved in the Lac-Mégantic fire are being phased out, but the industry standard is an upgrade that Gagnon worked on — the CPC-1232 tanker — the type used in both Gogama accidents on Feb. 14 and March 7. More than 110,000 litres of crude oil can be carried per car, and more than four million litres has escaped during the two accidents, either burning or leaking into the environment.

The changes that led to the CPC-1232 tanker were incremental, said Gagnon, and influenced by past recommendations by Canada's Transportation Safety Board and its American equivalent. New standards are in the process of being completed, he added, but that is the way Transport Canada has historically worked.

"Accidents drive change," said Gagnon, who had feared a Lac-Mégantic-like disaster and was not totally surprised when it happened. "You can't make changes to 100,000 tank cars based on potential problems."

New tanker car standards coming within months
New standards for tanker cars carrying crude oil are due by May 12 in the U.S., which usually works in conjunction with Canada on standards, said American tanker car expert Jim Rader. But even with new standards coming in, he said, the problem will be turning over the current fleet of tanker cars.

"Most manufacturers today are already building a 9/16-inch-thick car with jackets and thermal protection," said Rader, who has worked with tanker cars for more than 40 years and is now a senior vice-president with Watco Apply Change Services. "We're pretty confident we know what the final rules are going to be.

"What we don’t know is how do you handle the existing fleet?"
Not all the existing cars are easily retrofitted — adding extra safety measures might make them too long, high or wide. And if the Canadian and U.S. authorities mandate that all cars must meet the new standard in three years, "it cripples the economy," said Rader.

If the governments allow a 10-year timetable to replace the fleet, that is "likely too long. Somewhere in between is ideal, and people in the industry hope it will be a phased-in retrofit period, retrofitting the high-risk cars first, and then the ones less of a concern.

"We don’t know how it will unfold. We need a crystal ball."

Other safety measures
Gagnon said the knee-jerk reaction is that the tank cars should be made safer by making the steel walls thicker, as thick as the ones that carry propane.
"You need to understand how they work in a fire, which is almost another science in itself," said Gagnon. "On the other hand, maybe we need to focus more on other parts of the equation — preventing accidents or derailments, or make sure their violence is reduced."
He suggests reducing the speed of trains, better braking systems, and more emphasis on the condition of the track and maintenance of the cars. 

FEMA VOWS CLOSER WATCH ON FLOOD INSURERS, ENGINEERING FIRMS. FEMA WILL NOT FUND OR APPROVE WORK WITH ANY ENGINEERING FIRMS THAT ARE KNOWN TO HAVE VALUES THAT DIFFER FROM FEMA’S SURVIVOR-CENTRIC APPROACH








MARCH 10, 2015 

Federal disaster relief officials are keeping a closer eye on companies that help it provide flood insurance, following allegations by Hurricane Sandy victims that claims were denied or underpaid based on manipulated engineering reports.
A spokesman for the Federal Emergency Management Agency said Monday the agency is notifying insurers it will more closely monitor engineering firms hired to help inspect homes and funds paid to cover their expenses.

Dozens of private insurers participate in a program to help the agency provide flood insurance. The federal government ultimately pays damages and expenses associated with handling claims.

Rafael Lemaitre, a spokesman for the agency, said in an e- mailed statement that “pending further guidance” FEMA will review and approve all proposed engineering costs from insurers. The goal is to ensure that the companies are “fulfilling their role by guaranteeing that taxpayer funds are being appropriately expended and their work is consistent with putting policyholders first,” he said.

FEMA will “not fund or approve work with any engineering firms that are known to have values that differ from FEMA’s survivor-centric approach,” Lemaitre said.




FEMA’s Action

The agency last week asked insurers to step aside in settlement talks over more than 1,000 outstanding disputes primarily in New York and New Jersey. The talks involve claims from the October 2012 storm, which caused massive coastal flooding in the Northeast.

The agency said it would take charge of the discussions in an effort to speed up the resolution of claims, which have been mired in controversy over allegations reports were rigged to avoid insurance payouts.

The issue came to light in a case over an insurance claim for a Long Beach, New York, house which owners said was severely damaged by flooding during the hurricane.  An insurer rejected part of the claim, citing a report which attributed much of the damage to long-term problems.  A judge found that an earlier draft of the report, not initially disclosed to the homeowners, had been rewritten to change the conclusion.

Insurers have denied using manipulated reports, saying they have no reason to cheat homeowners because FEMA pays the claims.  Engineering firms say there’s nothing suspicious about peer- reviewed revisions to their first-draft damage reports.

The case is Ramey v. U.S. Forensic LLC, 2:14-cv-06861, U.S. District Court, Eastern District of New York (Central Islip).
Source: www.claimsjournal.com