IHU 2019 Proposed Amendment: Pre-Gazette I Consultation
In late March, Transport Canada posted a notice on their public website regarding a pre-Gazette I consultation on proposed amendments to the TDGR. The consultation was distributed to selected stakeholders by email on March 4.
This proposal is the latest in a series of international harmonization updates (“IHU”) to incorporate changes to reflect the current editions of the UN Model Regulations (UN Recommendations), ICAO Technical Instructions for air, and the IMDG Code for ocean shipment. In addition, the Canada-US Regulatory Cooperation Council work planning effort has suggested several items that would facilitate reciprocity in shipping dangerous goods between the two countries.
Updating to 20th edition and preparation for 21st edition.
Incorporate packaging updates by adopting 3rd edition TP14850 (pending repatriation to CGSB as standard CGSB-43.150-xx), normalize EC-allowed practices on batteries; allow UN3175 in FIBC 13H3 & 13H4.
Marking/Labeling: text on labels, banana labels on cylinders, require orientation arrows for liquids, marine pollutant, and Lithium Battery Mark on overpacks.
Language issues under review, include determining the options on the use of either or both English/French and circumstances when a different second language might appear (i.e. foreign sourced material).
Consider adding provisions for optional hazard class text on placards – see also marking/labeling.
Allow US placards for re-shipping road/rail within Canada. In addition to text issues, this would allow re-shipping with US Continue Reading…
In-transit, manufactured for export, and editorial/transportation changes
IN-TRANSIT OR “FOR EXPORT” PMRA-UNREGISTERED PESTICIDES & WHMIS-STYLE HAZARD COMMUNICATION
Those involved in manufacture, import, storage or transportation of pesticides, which are not registered for use in Canada may soon see reference to GHS-style documentation accompanying foreign products while they are in Canada. This amendment is partly as a result of a relaxation of the “in-transit” prohibition on pesticides (“pest control products” or PCP) that are not registered for use in Canada (required as a result of the government’s support of the 2017 World Trade Organization’s ratification of the 2014 Trade Facilitation Agreement – TFA).
Until recently, there was a general prohibition in the Canadian PCP legislation that, in general, prohibited the: manufacture, possession, handling, storage, transportation, import, distribution, or use of unregistered pest control products. An amendment to the PCPR adopted in Canada Gazette II (CG II) on December 26, 2018 includes authorization of import/export for “Products not Intended for the Canadian Market”.
WHMIS 2015, as specified in the Hazardous Products Act (HPA) s. 12/Schedule 1, excludes “pest control products”, as defined in the PCP Act (PCPA), from the WHMIS regulations. This wasn’t perceived to be a safety issue since, up until the recognition of the TFA only registered PCP were authorized for general manufacture, possession, handling, storage, transportation, import, distribution, or use. There are limited exceptions, but only under specified circumstances, Continue Reading…
The Canadian Transportation of Dangerous Goods Regulations (TDGR) were uncharacteristically quiet in 2018. This represents the first year in a 5-year stretch where stakeholders didn’t see at least one amendment to the TDGR.
That doesn’t mean, however, that there was no activity within this very active government department. For example, in keeping with the move to adopting ambulatory references to cited standards, the responsibility for several standards (e.g., TP14850 small container performance packaging, and TP14877 rail containers) began their return to the Canadian General Standards Board. In addition, there were various consultations on topics such as ERAPs (TDGR Part 7), and discussion of training requirements (TDGR Part 6) – the latter in conjunction with establishing a CGSB committee.
NEW & ONGOING RESEARCH
Various research projects were explored in 2018 including collaboration on examining crude oil flammability, properties of produced water in oil and gas activities, as well as validation testing of a proposed SAE standard for lithium battery packaging. These activities a
Various topics referenced above and others undertaken in the 2016-2018 period were given status updates, including proposed Canada Gazette (CG) I (final consultation) or II (final amendment) at a late November GPAC (General Policy Advisory Council) session:
TIME TO CONSUME OR RE-LABEL EXISTING WHMIS 1988 CONTROLLED PRODUCT INVENTORY
The final stage in the transition from WHMIS 1988 to WHMIS 2015 is drawing to a close. Consequently, employers in Canada have an obligation to ensure that any “leftover” stock at the workplace is identified under the WHMIS 2015 GHS-based classification and hazard communication protocols.
Note that, while the majority of Canadian jurisdictions require all provisions of WHMIS 2015 to be in place as of December 1, 2018, there are currently two exceptions.
Employers under the Federal jurisdiction have the ability, under the Canada Labour Code, to continue to use stock in the workplace with WHMIS 1988 labels/MSDS until May 31, 2019 (Canadian Occupational Health and Safety Regulation – SOR/2016-141, s. 77(b)).
Also, as of November 9, 2018, Nova Scotia has yet to publish an update to the 1989 WHMIS regulation.
In an amendment published on e-laws November 2 (to appear in the November 17, 2018 Edition of The Ontario Gazette )- effective December 1 employers must re-label any existing inventory of hazardous product received under WHMIS 1988 regulations.
This amendment affects O.Reg.860 sections 8, 10, and 18. Also a new s. 13 has been added; and the obsolete (transition) s. 25.1 is revoked at Dec.1. Terminology for labels has been modified in recognition that SDS or labels normally provided Continue Reading…
In keeping with the standard practice of alerting users to modifications in the new edition of the Dangerous Goods Regulations (DGR) for air transport, the list of Significant Changes and Amendments to the 60th Edition (2019) were released several months ago, and are incorporated into the recently published copies of the DGR.
Typically changes in the State and Operator Variations, in s. 2.8, are not outlined in specific detail in the Significant Changes document, but are referenced as a general reminder. This contrasts with amendments issued between publications which illustrate the actual details of changes.
Which leads us to FX-02…
FX-02 DROPS “V” RATED PACKAGING
A rather significant operator variation in s. 2.8.4 of the IATA DGR was the common application of FX-02 (f) to liquids in specified classes. This limitation, which existed as FX-17 prior to the 57th Ed., required shippers to use the heavy duty UN-standard “V-Pack” (“variation” commonly noted by UN code 4GV) package even though it wasn’t mandated by the Packing Instruction (PI) or other provisions of the DGR.
The limitation was invoked when FedEx customers were choosing to ship under the “International Economy” or “International Freight Economy” designations. Not only was it required in place of PI-required UN standardized Continue Reading…
In keeping with past practice, IATA (International Air Transport Association) has released the summary of significant changes to the IATA Dangerous Goods Regulations (DGR) that will appear in the upcoming 60th Edition effective in January 2019.
This useful summary appears in the “Introduction” section of the IATA DGR and allows users to check for items that may affect their procedures that have changed since the previous edition. There are a variety of changes highlighted that comprise revisions to existing provisions, addition of new items and deletions. While some changes are based on updates to the United Nations Recommendations for model regulations (UN Model), typically adopted in other modal regulations, some are specific to the IATA DGR.
There are some editorial changes that relate to the clarification of terminology regarding “risk” versus “hazard”. This mainly affects the designation of subsidiary classifications which will now be referred to as “subsidiary hazards”. This is more logical and conforms to protocols in safety and considers “hazard” as the danger inherent to a substance; compared to “risk” as an indication of the possibility/probability of harm from the danger.
Other UN Model-based changes include adding UN numbers, qualifying ammonium nitrate fertilizer classification, adding additional provisions for classification/packaging group assignment for corrosives and expansion of classification of articles Continue Reading…
CSA issues new Editions of TDG Class 2 Cylinder Standards
Transport Canada has issued an update “Notice” to inform the regulated community of recent updates to the Canadian Standards Association (CSA) standards addressing the requirements for the manufacture/qualification, selection and use of cylinders used in the transportation of dangerous goods (TDG).
Although these standards are primarily for compressed gases, their use may also be required or permitted for DG substances, other than Class 2, that may produce toxic or flammable vapours. Typically, this information is cited in standard TP14850 by reference in the packing instructions.
The four standards involved are:
CSA B339, CSA B340
(design/manufacture/qualification and selection/use, respectively) regarding cylinders, spheres and tubes, and other similar containers.
CSA B341, CSA B342
(manufacture/qualification and selection/use, respectively) regarding UN pressure receptacles and multi-element gas containers (MEGC).
Why Two Sets? Origins
The B339/B340 set are the seventh revision to the standards based on the older CTC (Canadian Transport Commission, pre-Transport Canada) national standards for these types of containers. These versions are the seventh revision of the original editions commencing in 1983 and 1986 respectively.
This contrasts with the B341/B342 set derived from the standards in UN Recommendation model regulations. The Canadian versions referenced here are the 3rd editions following 2009 and 2015 editions. Issuing these as CSA standards, rather than just adopting the UN Recommendations, facilitates incorporating the country-specific aspects such as special permits, reciprocity, etc.
There have been some recent developments in 2 of the packaging standards of potential interest to the DG community involved with Canadian transportation.
TP14850- Class 3-6.1, 8 and 9 Small Packaging pre-publication 3rd Edition-Transition to CGSB
TP14877- Rail Transition to CGSB
CGSB-43.151 Explosives Packaging Standard
Transport Canada has provided notice of a consultation on a proposed update of the Canadian General Standards Board (CGSB) standard “Packaging, Handling, Offering for Transport and Transport of Explosives (Class 1),” CAN/CGSB.43-151.
The new edition, to replace the current 2012 edition, will update the list of UN numbers and packing instructions to align with the UN Recommendations 20th edition; and update references to other dangerous goods container standards.
Also proposed in the draft are packing instructions for UN large packaging (ELP) to supplement the existing standards for IBC and portable tanks.
New Canadian domestic packing instructions (CEP 01) for jet perforating guns, used in oil well completion, are also included in the draft. Previously packaging of these (UN0124 and UN0494) had to be authorized on a case-by-case basis as referenced in EP 01.
CEP 02 replaces the previous EP 17 for highway and portable tank transport.
In common with the recent approach in other Canadian standards, changes to the organization of information, as well as regulatory requirement updates and additional definitions are part of the draft.
Regulations for the Safe Transport of Radioactive Material
– Specific Safety Requirements No. SSR-6 (Rev. 1)
As expected, the IAEA has published the 2018 amendment to SSR-6 as Revision 1 (SSR-6).
This Revision removes the term “radiation level” from Section 2 “Definitions,” replacing it by “dose rate” to designate the dose equivalent per unit time (e.g. mSv/h). The associated changes to sections referencing the term throughout the document account for many of the other paragraph (para.) changes.
Also deleted from this edition are the requirements for testing LSA-III material for residual water activity below 0.1 A2 in the 7-day leachate test.
Table 2 “Basic Radionuclide Values” has been updated to include entries for:
Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 and Tb-161.
Perhaps the most significant change is the expansion of surface contaminated objects (SCO – “a solid object that is not itself radioactive but which has radioactive material distributed on its surface”) to add SCO-III provisions in the regulation. The Table 1 list of UN numbers, proper shipping names and descriptions now includes SCO-III to SCO-I and SCO-II for UN2913.
In addition to meeting the general requirements for the SCO designation, SCO-III objects are defined in para. 413(c) as a large solid object that is too large to be transported in the type of package described in SSR-6. There are other criteria to be met regarding sealing of openings, insides being as dry Continue Reading…
The US DOT recently issued a “Letter of Interpretation” (LoI) regarding the lack of a need for a driver to have a hazmat (hazardous materials) endorsement on the CDL (Commercial Driver’s License) when transporting Class 9 hazmat within the US, despite the presence of Class 9 placards.
Changing Modes without Removing Placards
This situation is likely to occur when foreign shipments arrive which did not have the equivalent to the US 49 CFR §172.504(f)(9) conditional exception for Class 9 placarding, and are to be transported to their US destination.
An example would be if a Class 9 consignment arrives by vessel, which has placarding in conformance with the IMDG Code, and is picked up for road transport without removing the placards.
Even if the placards are not removed, there is not a requirement for the hazmat-endorsed CDL (equivalent to a TDG training certificate- for readers North of the 49th, metonymically speaking).
Note that, despite the exception for an actual Class 9 placard, §172.504(f)(9) does require bulk packages to be marked with at least the UN number.
Key to the Endorsement Exemption
49 CFR §383.93(b)(4) invokes the need for a hazmat CDL when the definition of hazmat in 383.5 is met. For substances defined as hazardous in 49 U.S. Code §5103(a) and (other than infectious substances/ biotoxins in 42 CFR §73) requiring placards, the CDL endorsement is required.