Lithium
Lithium Battery Labels as of August 1, 2017

Lithium Batteries, Laptop battery

The A-Team and Lithium Battery Marks / Labels

An iconic show from the 1980’s was “The A-Team”. It was about a group of former military men who worked to help those in need by using their former skill set. A famous line from it was often said by John “Hannibal” Smith, played by George Peppard. At the end of many episodes he would say, “I love it when a plan comes together”. With the publication of Transport Canada’s Amendment TDGR SOR2017 – 137, we finally have a plan coming together for the transportation of Lithium Batteries.

Finally, all transport regulations – 49 CFR, TDG, IATA .and IMDG – are on the same page regarding the necessary marks and labels needed for transporting Lithium Batteries. All of the regulations even have the same transition times for when the new Class 9 Lithium Battery Hazard Class Label and new Lithium Battery Mark will be mandatory.

New lithium battery label     New Lithium Battery Mark and Pictogram

Download Our Lithium Battery Labels Guide

 

Let ICC Compliance Center be your “A-Team” for shipping Lithium Batteries. Call us today for packaging, training, labels and marks.  We have it all.

TDG
TDG International Harmonization 2017 (TDG SOR/2017-137)

It’s Here, It’s Here! Feast Your Eyes on TDG International Harmonization 2017

(with apologies to “Genie” – aka the late Jim Backus …)

As predicted in last week’s blog on adoption of 2016 editions of CGSB standards, and reviewed in the Canada Gazette I (CG I) blog referenced therein, today’s Canada Gazette II (CG II) formalizes a variety of changes to the Transportation of Dangerous Goods Regulations (TDGR).

The amendment, despite the “International Harmonization” working title is officially referenced as SOR/2017-137 and essentially follows the CG I proposal reviewed in earlier blogs. However, as expected, there have been some changes.

See our earlier articles on the CG I proposal:

An observation on the contents of this amendment – it appears that a rumoured dropping of italicized “guidance” text has begun in SOR/2017-137. The TDGR have been somewhat unique in this approach, but the word is that it is not in keeping with justice department philosophy that guidance material should be separate from the mandatory regulatory text – e.g. in an FAQ or other separate guidance document. This amendment incorporates several instances into the regulatory text and removes several others. Fortunately, the very useful listing of UN numbers pertaining to SP are retained at the end of each SP.

By the Numbers – TDG Parts Amended

PART 1: Interpretations, General Provisions, Special Cases

Standards and Other Regulations

Ambulatory references (i.e. “as amended” or “current” editions rather than a specific date) of specified standards will now be the official versions referenced in the Table in section 1.3.1. Also referred to as “dynamic” references, the requirement to use the latest version will apply to those issued by CGSB (except CGSB-32.301, withdrawn and no longer being updated) and CSA on packaging design and/or manufacture and/or use. Also formalised in this section. The same referencing applies to 49 CFR, ICAO TI and Supplement, the IMDG Code, and the UN Recommendations and Manual of Tests & Criteria.

ASTM, CGA, ISO, MIL, TP ULC, standards, and OECD Guidelines, however, still invoke specific editions (i.e. “static” references) as the officially recognised version for the TDGR. It seems strange that TP14850 and TP14877- both issued by Transport Canada- remain in the static category.

The amendment provides a six month transition period to comply with a new edition of an “ambulatory” standard.

Definitions and Special Cases

Changes, additions and deletions have occurred in these sections as a result of the ambulatory references and/or redundancies in the updated Schedule 2 Special Provisions. A new Special Case 1.50 recognizes that propane cylinders used in hot air ballooning may be filled to a higher volume and replaces existing equivalency certificates. Special Cases 1.29 (DG in instruments or equipment) and 1.34.1 (gasoline to operate instruments or equipment) have been repealed.

PART 2: Classification

Flammable Liquids – Re-assignment of PG for Viscous Liquids

The conditions for “downgrading” the Packing Group (PG) for viscous liquids has been revised in keeping with current UN criteria.

Flammable Solids/Self-Reactive Substances

Criteria have been added to classify self-accelerating polymerizing substances to Class 4.1. Test criteria for addition of these substances are analogous to those for determining categories of organic peroxides- i.e. Manual of Tests protocol for SADT (self-accelerating decomposition temperature) is used to determine SAPT (self-accelerating polymerization temperature) for self-polymerizing substances. Four new UN numbers under Class 4.1 have consequently been added to TDGR Schedule 1.

Other Classification Changes

Test protocols for Class 5.2, 8, and 9 (lithium batteries) have been updated or clarified to harmonize with current UN protocols. The entries in Schedule I for UN2977, UN2978 (Uranium hexafluoride) and UN2815 (n-aminoethylpiperazine) now include a subsidiary Class 6.1 hazard. However, Uranium hexafluoride in excepted packages (UN3507) now has a primary hazard of Class 6.1 (with Class 7 & Class 8 being subsidiary).

PART 3: Documentation

The only direct amendment to this part is in the reference to the ICAO TI certification statement. However, changes in Schedules can affect required documentation – e.g. Special Provision (SP) 34 no longer requires a document. This reinforces the wisdom of always reviewing SP associated with a Schedule 1 entry.

PART 4: Safety Marks

Class 9

Transport Canada is updating to mirror requirements in other regulations regarding labelling (and perhaps placarding) of lithium batteries- the new Class 9 Lithium Battery label is invoked in new 4.10(1)(b.1).

New lithium battery label

The deadline of December 31, 2018 to complete the label changeover is in new SP159.

A change from the CGI proposal implies that where placards are required a standard Class 9 placard continues to be used, however the CGII expression may still need clarification. CGI proposed amending Part 4 (4.15 & the Appendix) and adding SP 159 to require the Lithium Battery Class 9 to also be used for placarding (unlike 49 CFR and the IMDG Code). Although reference to its use for placards have been dropped in SOR/2017-137 Part 4 amendments, it remains a stipulation in SP159.

Class 9 TDG label

In each case Canada is conforming to the UN convention of underlining the number “9” at the bottom of labels and placards. The underlined “9” on the regular Class 9 placard is mandatory following the general six-month transition date of January 12, 2018.

Lithium Battery Handling Mark

New Lithium Battery Mark and Pictogram

The 2017 version of the lithium battery handling mark is officially adopted in SP 34, replacing the requirement for equivalent wording on exempt packages and shipping documents (no longer require a document for SP 34 exempted). The mark may be used now, but becomes mandatory, as indicated in amended SP 34(5) after a transition period ending on December 31, 2018. Until then the previous requirements may continue.

Overpack Marking

In addition to the CG I intent, in keeping with other regulations, of not requiring an “Overpack” mark when required DG markings are visible- and specifying a 12 mm letter height- additional clarification has been provided. A safety mark must be visible pertaining to “each class” overpacked- i.e. in the case of a stretch-wrapped skid one needn’t have to see each individual package.

Other Safety Marks

The “Fumigation Sign” has been modified to include the date of ventilation as adopted in Part 4.21 in 2014. A typo, implying the entry of “UN3475” instead of “3475” on placarding in Part 4.19, has been corrected. The word “toxic” is removed from “inhalation hazard” in 4.23, in keeping with 49CFR harmonization. Similarly the letter size is specified in 4.18.2 (anhydrous ammonia) and 4.23 depending on the type of container.

PART 5: Means of Containment

Updated Standards

The changes in sections in “current” editions and their content adopted in Part 1 results in edits to 5.6, 5.12, 5.14, 5.15 and 5.16; including the removal of 5.16.1 and 5.16.2.

Crude Oil Clarification

The changes to rail car requirements are supplemented by a clarifying regulatory interpretation of “Crude Oil, Oil and Refined Petroleum Products in a new 5.1.

US Harmonization

In addition to reflecting updated standards, Part 5.10 now includes reference to accepting US-qualified cylinders.

Part 6: Training and Part 7: ERAPs

No direct changes to the sections in this amendment. New standards, reporting, and other changes may affect company-specific training. None of the new Schedule 1 listings have ERAP triggers.

Part 8: Reporting

ICAO “Dangerous Goods Occurrence” reporting requirements have been added.

Modal Updates

All modes (Parts 9-12) now incorporate the requirement for “consignor’s certification” on shipping documents.

Part 9: Road

Part 9.1 is expanded to include reciprocity for US special permit exemptions, to first destination.

Note: “exceptions” are still excluded from reciprocity if they are not mirrored in the TDGR.

Part 10: Rail

Part 10.1 as for Part 9.1. Also 10.1.1 is added to allow reciprocity with 49CFR for “One-time Movement” of non-conforming means of containment.

Schedules

Schedule 1: Classes 1-9, Shipping Descriptions

New UN numbers have been added for: Class 1.4C Rocket Motors (UN0510); Class 4.1 Polyester Resin Kits, solid based (Class 4.1); moving “engines” shipped uninstalled from UN3166 (Class 9) and re-assigning them to UN3528, UN3529 or UN3530 (Classes 2.1, 3 or 9) depending on the fuel; four types of Class 4.1 Polymerizing Substances (solid or liquid, stabilized or not) using UN3531 to UN3534- assigned to PG III.

Alternate shipping names have been added to UN0014, UN3151 and UN3152.

Various changes have been made to SP references in Column 5 resulting from additions/changes arising from the harmonization process.

93 existing UN number entries have had modifications to referenced SP.

Schedule 2: Special Provisions

In addition to specific SP referenced in earlier paragraphs above, there have been removal of some Schedule 2 SP that are now covered in updated standards or formalized in other parts.

New SP have been added for new listings and other changes.

Changes involving the addition of new SP include:

  • clarification of the shipping name for UN3314 (SP152);
  • stabilization considerations for various DG (SP155);
  • clarifying vehicle requirements after the separation of “engines” from UN3166 (SP 156 and 157);
  • an exemption for adsorbed gases (SP158); the extension for implementing the lithium battery Class 9 label/placard (SP159);
  • an exemption for celluloid (UN2000), formed into table tennis balls (SP160);
  • a requirement to cool aluminum smelting/remelting by-products (UN3170) before packaging into ventilated, water-resistant containers (SP161);
  • specifying the conditions for Uranium hexafluoride in “excepted package” (UN3507) markings (SP162);
  • exemptions from training, reporting for matches (UN1944 and UN1945) in outer packaging of 25kg or less gross mass (SP163);
  • restrictions on packing certain other DG with specified (UN2814, UN2900, UN3373) DG in Class 6.2 (SP164);
  • allowing empty UN3373 packaging to be marked without being considered misleading (SP165);
  • requiring specified UN numbers with inhalation toxicity to be re-assigned to generic “Toxic Inhalation …” names/UN numbers (SP166);
  • clarification of the conditions for allowing use of “DG in Apparatus/Machinery” (UN3363) and the applicable exemptions (SP167);
  • and an exemption from ERAP/SP23 requirements for lower sulphur dioxide contents of fuming sulphuric acid (UN1831)

Schedule 3

Changes have been made to Schedule 3 as a result of Schedule 1 and IMDG updates.

New entries for 13 shipping names (2 of which are assigned “P” in Column 4) and 18 technical names appear in Schedule 3 as a result of Schedule 1 and IMDG updates.

As well 56 existing entries, representing 42 shipping names, are now flagged as marine pollutants by addition of “P” to Column 4.

Transition:

The rail car provisions referenced in section 163 of the CGII notice are in effect on publication (i.e. July 12, 2017). Except as noted regarding SP34 and SP159 above (Lithium Battery Class 9 and handling mark), the deadline to comply with the remaining changes is January 12, 2018.

The official published version from Canada Gazette II is available here »

Transport Canada Clear Language Reference Material »


HO! HO! HO! TDG Under the Tree – Proposed Harmonization

Transport Canada Prepares to Adopt 2016 Updates to Standards

TDG
Transport Canada Prepares to Adopt 2016 Updates to Standards

Truck Driving on highway at sunset

IBC and Bio/Infectious Substances

Transport Canada (TC) published information on some significant changes to the latest editions of standards for design/manufacture/use of packaging for bio/infectious substances and Intermediate bulk containers (IBC); CGSB-43.125-2016 and CGSB-43.146-2016 respectively.

Moving Forward

The notices are presumably to give advance warning of changes to ambulatory (“dynamic”) references as indicated in the CG (Canada Gazette) I “International Harmonization Amendment” to the Transportation of Dangerous Goods Regulations (TDGR) expected, according to usually reliable sources, to be formalized by publication in the July 12 edition of CGII.

See also the author’s earlier Blog on the CGI proposal »

These will replace the currently references, in TDGR Part 1.3.1, to the 2002 and 1999 editions respectively. TDGR 5.16 will also be amended as the information appears in the 2016 edition of CGSB-43.125.

Summaries Available

Transport Canada qualifies their information, cautioning the regulated community to carefully read the standards themselves to ensure they are aware of all changes as some may not be covered in the TC summaries. Although not mentioned directly in this TC material, rumour (again the “usually reliable sources”) has it that there will be a 6-month transition to comply with new editions of revised standards that have ambulatory references in the July 12 amendment.

The summaries highlighting changes in the standards are available on the TC website:
http://www.tc.gc.ca/eng/tdg/moc-infectious-cgsb43125-1309.html
http://www.tc.gc.ca/eng/tdg/moc-ibc-cgsb43146-1308.html

Access to CGSB Standards

Fortunately (unlike other and earlier versions), the actual pdf of these standards themselves can be downloaded at no charge from the Public Works & Procurement Services (PWPS) Canada website:
https://www.tpsgc-pwgsc.gc.ca/ongc-cgsb/programme-program/normes-standards/internet/index-eng.html

HO! HO! HO! TDG Under the Tree – Proposed Harmonization

Air – TDG Part 12 Pre-Amendment Consultation

Ground and air transport

Time Flies

Transport Canada, in what has become a series of proposed amendments, has issued a consultation White Paper on updates to the Transportation of Dangerous Goods (TDG) Regulations (TDGR) Part 12 Air.

This part references the International Civil Aviation Organization (ICAO) Technical Instructions (TI) along with TDG-specific supplemental requirements and exemptions. Some ICAO references date back to 2002 and changes to the TI have made some TDG provisions redundant or in need of updating. Also, there are some clarifications proposed to better align with the Canadian Aviation Regulations under the Aeronautics Act.

In the interest of clarification, Transport Canada hopes to increase the “one window” approach, wherein material is incorporated into the Part 12 TDGR rather than simply referencing an external document. This self-contained approach will still have to consider that changes to external documents might make references a more practical approach in some areas. The objective is also to harmonize this proposal with the “dynamic” (aka “ambulatory”) approach taken with the TDG International Harmonization Amendment.

Related Posts

TP14850 Update Consultation – May 2017 Draft
The Clock is Ticking – 3 Recent TDG Proposals
TDG Update: Proposed Harmonization/

Geography Counts – Limited Access Exemptions

A potential improvement to Part 12 includes adding a definition of “Limited Access”. The proposed definition reads:

“a location to or from which the transport of dangerous goods by means other than by aircraft is not reasonably possible, for at least three (3) consecutive months per year.”

The journey would not be restricted to a specific time of year. However, a journey from a non-limited access location, to a second non-limited access location, ending at a third limited access location, can only apply a Limited Access exemption provision between the second and third destination. The first to second flight must comply (an example is given in the White Paper, with further clarification in Annex B “Details…” to the White Paper).

Another clarification in the proposal is to reinforce the carrier’s “consignor” responsibilities when accepting shipments under Limited Access exemption.

Changes – Additions – Deletions

No section of the current TDG Part 12 is untouched by this proposal. In addition to clarifying Limited Access criteria and other modifications, new provisions are proposed for: “animal repellants” (e.g. bear spray), UN3012 “signal cartridges” (e.g. “bear bangers”), DG required to provide emergency services or aerial fire suppression, DG for operation of an aircraft, or DG transported by peace officer in the exercise of duties.

Some provisions considered redundant, or excessively exempted, under current IATA TI that may be removed include the current sections: 12.6 (toxic and infectious substances), 12.8 (Packing Instruction Y963), 12.9(12) (sodium chlorite and hypochlorite solutions), 12.11 (geological core samples), 12.13 (measuring instruments). Some existing “Equivalency Certificates” will be withdrawn as a result of changes formalizing the exemption in the proposed amendment.

Interested parties have until August 8, 2017 to provide input to this pre-Gazette I proposal. The Gazette I notice is expected to be published by early 2018.

Annex B to the White Paper provides a fairly readable map to the changes. The link below introduces the proposal, and contains further links to the White Paper, Annexes, background documents and feedback options:

http://www.letstalktransportation.ca/part12air

TDG
Transport Canada Publishes Enforcement Action Summaries

Truck Driving on highway at sunset

A New Awareness Vehicle

Transport Canada has added a new item to the various informative offerings on the TDG home page. A link was added to an “Enforcement Action Summaries” listing to supplement existing guidance pages on topic-specific publications, orders, equivalency certificates, safety awareness material, etc.

This new page is intended to give the regulated community a better understanding of the types of offences that could subject them to penalties or orders to take corrective action. The objective is to provide an incentive to “deter wrongdoing” by demonstrating consequences to those who might choose to ignore the regulations; or, on a more positive note, provide an illustration of the advantages of understanding the regulations before an enforcement situation is encountered.

“I Fought the Law …” – or Ignorance is (Usually) No Excuse

Sections 22(3) and 40 of the TDG Act do provide for a defense of having taken “all reasonable measures” to comply with the Act. “Reasonable measures” would normally include acquiring and maintaining knowledge of the applicable regulations.

Although current enforcement activities are unlikely to result in the incarceration experienced by the misguided soul in Bobby Fuller’s 1966 classic hit, the TDG Act does provide for a range of consequences.

These consequences are represented in the published summaries under the following categories:

  1. Detention (of goods) notices
  2. Direction to remedy (non-compliances)
  3. Direction to “not import” or return DG to the point of origin
  4. Revocation of certificates
  5. Tickets (fines)
  6. Convictions (“guilty in court”)

Initial Offering

The current summary covers 24 enforcement actions from the period December 2014 to April 13, 2017, with the intent to update the list monthly. The list has basic sorting features and, when actions are directed at corporations under consequences d)-f) above, disclose names of the offender. Individuals (non-corporate offenders) are not named.

Of the 24 listings: 11 resulted in detention notices, 6 had tickets (ranging from $575 to $900), 5 were directions to remedy deficiencies and 2 were under stop import/return directions.

4 of the listings disclosed the names of corporations and only was the result of a ticket- i.e. presumably 5 of the tickets were issued to individuals.

The majority of the offences were related to TDGR Part 5 (“means of containment) violations (14), with 6 of these pertaining specifications and general requirements for highway tanks under CSA B-621. Documentation deficiencies were cited in 2 ($615 and $900) of the tickets issued.

Avoiding running afoul of regulations is avoided by obtaining knowledge of the content of the regulations with awareness of how they relate to a company’s or individual’s activities. Maintaining compliance also requires keeping abreast of changes that have a potential effect on the activities.

To consult the enforcement summary page at Transport Canada’s website, click on the link below:

http://www.tc.gc.ca/eng/tdg/enforcement-actions-summaries.html

If you have any questions regarding the Transport Canada Enforcement Action Summaries, please contact ICC Compliance Center, Inc. at 1.888.442.9628 (USA) or 1.888.977.4834 (Canada).

railroad crossing
AAR Publishes New Edition of “Field Guide to Tank Cars”

Field guide to tank cars

AAR’s Field Guide to Tank Cars Download

Are you a birdwatcher who’s spotted every owl and thrush, and wants to move on to a new field of study? Are you a model train hobbyist who wants to make sure your HO scale equipment accurately reflects modern regulations? Or are you a safety professional who deals with bulk dangerous goods in tank cars? If your answer to any of those questions is “yes,” the American Association of Railways (AAR) has published something that will make identifying a TC-111A100W5 or DOT-117R100W as easy as telling a Mourning Warbler from a Laughing Gull.

AAR’s Field Guide to Tank Cars, by Andy Elkins, is a resource for rail workers and particularly for emergency responders. Tank cars come in many varieties, and handling them safely or responding to spills means that you must know what type of car is involved. The Field Guide has been updated for its third edition to reflect current regulations and standards, which have changed over the past decade due to incidents such as the Lac-Mégantic explosion in Quebec.

Types of Tank Cars

The Field Guide starts with a discussion of the basic types of tank cars – non-pressurized tank cars (also known as “general service” or “low-pressure” cars), pressure tank cars for products such as liquid propane and cryogenic liquid tank cars, used for gases that are liquefied at low temperature, such as liquid oxygen. After explaining the DOT (U.S. Department of Transportation), TC (Transport Canada), and AAR tank car classes and specifications, author Andy Elkins goes on to discuss how to interpret specification markings, assisted with a helpful diagram of a typical mark.

Safety Systems

Next, the guide covers the safety systems found in tank cars, such as Pressure Relief Devices (PRDs), and the markings that must be displayed on tank cars to identify qualification specifics, such as the Thickness Test. Further sections deal with additional details about the various car types, illustrated with clear technical diagrams and photographs. This arrangement makes it an excellent resource for non-experts who want a quick summary of tank car marking and safety, as well as a good in-depth guide for those who need to know details of the fittings and safety devices for specific commodities such as chlorine or crude oil.

The guide includes an Annex covering recent changes relating to tank cars in North America, such as Transport Canada’s Protective Directions #34 and 38, and the “FAST Act” amendments to 49 CFR.

Use of This Guide

This guide would be a useful introduction for anyone who ships dangerous goods (or even non-dangerous commodities) in tank cars. While the “Hazardous Materials Regulations” of 49 CFR (in the U.S.) and the “Transportation of Dangerous Goods Regulations” (in Canada) are the controlling regulations, their tendency to cross-reference standards often makes it hard to pull together a full picture of requirements for selection and marking. The guide arranges information in a clear, logical flow, and the illustrations prove that pictures are really worth a thousand words.

The best part? The Field Guide to Tank Cars is available as a free PDF download from the AAR site.

Have questions about shipping hazardous materials by rail, or by any other mode? Contact our regulatory staff here at ICC Compliance Center 1.888.977.4834 (Canada) or 1.888.442.9628 (USA).

TDG
It’s The Standard – TP14850 Update Consultation – May 2017 Draft

Red semi truck on highway

Transport Canada’s Standard TP14850, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9”

Transport Canada is well into the process of producing the 3rd Edition of TP14850. The current 2nd Edition (2010) has been in effect since it replaced the CGSB 43.150-97 standard in 2014. Changes to TP14850 are required to reflect current harmonization with the UN Recommendations, changes in the TDG regulations, improvements to ensure the integrity of standardized packaging, addition/clarification of Part 14 special cases, and simplify use of the standard.

Comments are welcomed until May 31, 2017.

An initial draft update was prepared for discussion in January 2016 and a committee of 30-40 stakeholders has been reviewing, discussing and proposing modifications between the initial draft and the May 2017 draft version of the 3rd Edition (by way of disclosure, the author of this Blog is one of the stakeholder representatives). The May 2017 draft follows these reviews and feedback from an initial 2016 public consultation.

Manufacturer’s Periodic Re-Test Obligation

A new requirement (Clause 7.1.7) requires the registered manufacturer to periodically, at least every 5 years, repeat performance tests on a representative sample. Typically, registration certificates are issued for 5 year periods.

One thing to note is that although TP14850 as currently written/proposed does not define “manufacturer” with respect to obligations under the standard, the application form for registration clarifies, in section 4 and Appendix C, that “…the manufacturer is considered to be the person or corporate entity applying for the Certificate of Registration, even if they do not actually manufacture the containers.

Currently registered manufacturers would have a 2-year transition period from the adoption of the 3rd Edition to comply with the periodic re-test requirement.

Organisation of Packing Instructions

As well as additions/deletions/modifications of packing instructions (PI) to include new or changed UN numbers, Appendix A has been simplified to make it easier for users to find information. Outer (Combination packaging) and single packaging limits, currently in Part B, Table A of Appendix A, will be incorporated into each PI. Also, the Substance Specific Provisions (SSP-currently in a separate Part C of Appendix A) will be listed at the end of each PI.

This follows the convention in both the UN Recommendations and IMDG Code publications.

Although Transport Canada does not currently include PI references in Schedule I, the SSP are listed in order of UN number (or the first UN number in a series when more than one UN number uses the same SSP) at the end of each PI.

Conditional Extension of Life for Plastic Containers

Current standards limit the period that a standardized plastic drum or jerrican can be used for DG, even if it has never been used, to 60 months post-manufacture. Clause 12.2(c) is proposed to be modified by special case (Clause 14.4) that would allow conditional use of fleets of drums or jerricans by a single operator up to 120 months post-manufacture- i.e. an extension from 5 years to 10 years.

The fleet operator would have to be registered with Transport Canada under a requirement in the new Clause 10.12.

Additional Additions – Clarification

The Part 1 proposed modifications include ambulatory references to certain standards (e.g. CSA standards), and additional definitions. Part 5 changes terminology from “markings” to “marks”, adds a requirement to identify salvage containers; Part 6 adds construction requirements for boxes made of metals other than steel or aluminum; new Clause 12.6 adds a reference to TDGR Part 11 regarding containers for marine transport; Clause 13.4 clarifies that salvage container absorbent must only be sufficient to eliminate free liquid present when the container is being closed; Part 14 re-defines special cases regarding waste, and adds Clause 14.3 regarding Mobile Process Units used under the Explosives Act/Regulations.

Next Steps

The committee will review a “final” draft following this consultation. Transport Canada then expects to do the final edit and publication of the 3rd Edition in Q4/2017 or Q1/2018.

Existing Manufacturer registrations issued under the current 2nd Edition would continue to be valid to their current expiry date, unless otherwise revoked.

Those interested can request a copy of the May 2017 draft, and/or submit comments by May 31 at:
http://www.tc.gc.ca/eng/tdg/clear-modifications-menu-261.htm#standard

ICC Trade Shows and Events
ICC Speakers Present at Dangerous Goods Conference

Trade Shows and Events

2nd Dangerous Goods Conference

On April 28, 2017, IDC Technologies held their second Dangerous Goods Conference in Mississauga, Ontario. Two of our regulatory staff from ICC were among the presenters during a day of informative sessions that covered transportation, environmental, and safety aspects of the Transportation of Dangerous Goods Regulations (TDG).

ICC Regulatory Consultant Clifton Brown presented his study of the effect the current lithium battery regulations are having on air safety, with a look over the history of accidents involving these batteries since they were first introduced in the early 1990s. Clifton did a lot of sifting through reports from government and industry sources to conclude that the regulations on lithium batteries have a way to go to make them a negligible hazard. Perhaps by the time they are, we’ll have invented safer methods of energy storage.

Clifton Brown and Barbara Foster at DGC 2017
Clifton Brown and Barbara Foster at DGC 2017

I presented an overview of the Globally Harmonized System (GHS) changes to health and safety regulations, and whether the GHS Purple Book has achieved worthwhile harmonization in the same way as the UN Recommendations on the Transport of Dangerous Goods (the Orange Book). Unfortunately, we’ll have to deal with a lot of disharmonization remaining in the short term (such as the differences on dealing with environmental hazards between North America and Europe). However, the Orange Book has, slowly but surely, led regulators to remove many of these impediments to international transportation. Let’s hope the Purple Book serves as a good signpost to true harmonization.

Other Speakers Present:

  • Dale Gration, Manager of Transportation of Dangerous Goods Ontario Region, Transport Canada, gave an interesting summary of current and upcoming Transport Canada amendments to the Transportation of Dangerous Goods (TDG) Regulations.
  • Pierre Boies, President of Gestion Sécure P. Boies Inc. spoke on the effects of the Air Cargo Security Program. Pierre discussed general requirements as well as security aspects for dangerous goods.
  • Mark Roehler, Principle, LEHDER Environmental Services Ltd, gave his perspective on the similarities, as well as considerable differences, in classification of hazardous waste under the environmental regulations as compared to TDG. He gave special attention to classification under Ontario’s Regulation 347, but stressed that each province has its unique features.
  • Michel Hachey, Chief Technical Communicator, MG Chemicals, took a chemist’s look at the environmental effects of toxic metals in the environment. Many metals may be marine pollutants for transportation, but the classification can depend on multiple factors such as the size of the metal particles. As a chemistry major, I found this session particularly interesting.
  • Amber Rushton, National Manager, Emergency Management Lead of the Ontario Association of Emergency Managers, OAEM, took us through the role of the professional emergency manager. The emergency manager, she stressed, is an essential part of a coordinated emergency response effort, helping all parts of the system function effectively together.
  • Finally, Greg Fulford of Nordion addressed the unique requirements for transporting Class 7 radioactives, which involves combining TDG with other regulations such as the “Packaging and Transportation of Radioactive Substances Regulations.” When it comes to regulatory oversight, it appears some classes of dangerous goods are more equal than others, and Class 7 is the most equal of them all.

A Fun and Useful Experience

There were a couple of aspects that made this conference more fun and useful than many others. First, IDC not only provided copies of the presenters’ programs, but requested presenters to put their findings into a written paper. Both the papers and the PowerPoint presentations were assembled into a handy softbound book, rather than the standard binder. Even better, presenters were encouraged to make their presentations interactive by including activities for the audience. I was called upon by Greg Fulford to help assemble a box of mock radioactives, only to flub the security tape part. Hint for those using it – get someone to help you by holding the box flaps down. Once the tape is on, it will tell if you try to reposition it – no second chances allowed.

We’re grateful to IDC for inviting us to participate in this conference. If you’re looking for information on upcoming trends in the transportation of dangerous goods, you might want to consider attending next time it’s offered. For a one-day session, the selection of topics was excellent and the speakers were all well-informed as well as skilled at presentation.

If you have questions about dangerous goods, please contact ICC Compliance Center at 1-888-977-4834 (Canada) or 1-888-442-9628 (USA).

OSHA Safety
Compliance Language

Current Dangerous Goods Regulations

Terminology in Regulatory Manuals

Language, as defined by the Merriam-Webster dictionary, is the formal system of words or signs that people use to express thoughts and feelings. Learning a new language is often a complex undertaking. It is also a time that lends itself to funny stories. While living in Austria for a few years taking German lessons was part of our visa process. We were encouraged to practice often. On one of my first attempts was to buy a certain pretzel. Somehow my request came out as asking for the “slow one” rather than the “long one”. My husband told a co-worker he “believed” he was a pencil. While neither request caused harm, it was confusing to the German speakers who heard us. I mention this because the language of transport regulations can be confusing as well until you have a good handle on the language used in them.

Let’s take a look at two simple words. We will compare their “everyday” usage with how they are used for transporting hazardous materials or dangerous goods. The two words will be “should” and “may”.

Word #1: Should

In normal usage, this word indicates certain obligations or expectations. Take for example the statement, “John should be ready by now.” By using the word “should” in the sentence, the expectation is that John is ready or prepared for whatever situation he finds himself. In transport, this word takes on some slightly different meanings depending on the regulation.

  • 49 CFR – US Ground: Per 171.9, the word “should” is used in a recommendatory sense. Meaning the shipper is not required to do what is listed in the regulation. It is encouraged or recommended, but it is not enforceable.
  • International Air Transport Association (IATA): Per Section 1.3.1.3, the word “should” is a preferred requirement. This means the section is not binding for a shipper, but there is a suggestion to follow whatever is listed.
  • International Maritime Dangerous Goods Code (IMDG): It is in the Forward that we find this definition. For “should” again the word is used in a recommendatory sense. Items in the Code with this word are not required, only recommended.
  • Transportation of Dangerous Goods (TDG) – Canada Ground: Oddly enough, this term is not defined in Section 1.3 of the regulations.

Word #2: May

This word is used for possibilities or options even permission when used in daily language. An example here is the statement, “John may be ready by now.” In this case, the statement conveys the possibility that John might be ready, but again there is the option that he is not. Again, for transport, there are different meanings.

  • 49 CFR – US Ground: Per 171.9, the word “may” is used in a permissive sense. Meaning the shipper is not required to do what is listed in the regulation.  The item is simply allowed or permitted.
  • International Air Transport Association (IATA): Per Section 1.3.1.3, the word “may” is listed as a preferred requirement and not binding for a shipper. Again, as a preferred requirement there is the suggestion to follow whatever is listed but no requirement to do so.
  • International Maritime Dangerous Goods Code (IMDG): Again it is in the Forward that we find “may”. Here “may” is used to indicate optional provisions. Items in the Code with this word have no preferred or recommended parts. The shipper can choose to either do what is listed or not.
  • Transportation of Dangerous Goods (TDG) – Canada Ground: In Section 1.3, the word “may” is listed as permissive. This aligns with the US Ground requirements and indicates things that are allowed or permitted.

Be sure to know the language of the regulation you are following before attempting to make a shipment of a dangerous goods or hazardous materials using it. You may be “believing” something that is not actually true or required by the regulation. For all of your transport needs, contact ICC Compliance Center today.

Packaging Infectious Substances

Infectious Substances Packaging

What Are Infectious Substances?

Infectious Substances are defined as substances which are known or are reasonably expected to contain pathogens, or micro-organisms including bacteria, viruses, parasites, or fungi which can cause disease in humans or animals. Section 1.4 TDG, IATA 3.6.2.1.1. They are split up into two separate categories. Category A which is capable of causing permanent disability, life-threating or fatal disease in otherwise healthy humans or animals. Category A infectious substances are either assigned UN2814 or UN2900 and are class 6.2. IATA 3.6.2.2. Category B substances are any other infectious substances that do not meet the criteria for inclusion of Category A. They are assigned the UN number 3373.

Packaging Infectious Substances

For Category A substances, Infectous Substances Affecting Humans or Animals Only, strict performance criteria should be met on the packaging including drop testing, puncture testing, a pressure testing, and a stacking test. The configuring is often referred to as the triple packaging system. When packaging Category A substances, you must start out with a leak-proof primary receptacle. If the substances are shipped at room temperature or higher, these receptacles must be made of glass, metal, or plastic. The primary receptacles must then be placed into a leak-proof secondary packaging, either wrapped individually or separated to prevent any contact.

Both the primary and secondary packaging must be able to withstand an internal pressure of at least 95 kPa. If the substance is a liquid it must have absorbent material placed between the primary and secondary packaging. If the substances are frozen or refrigerated, dry ice or Ice must be placed around the secondary packaging or in an over pack and a leak-proof container. The limit per container on a passenger aircraft is 50 ML or 50 G. A rigid Outer Packaging including drums, boxes or jerricans must then be used to surround the entire package. (See Image Below) 49 CFR (173.196), CAN/CGSB-43.125, IATA Packing Instruction P620.

Infectious Packaging Diagram
Diagram No. 1

When packaging Category B substances, Biological Substance, Category B (see figure below), the triple packaging system of primary, secondary, and outer packaging is also utilized. They must also be packaged in a way that under normal circumstances of transport cannot break, be puncture or leak. For liquid substances shipped by air, the primary receptacle must not contain more than 1 L, and the outer packaging must not contain more than 4 L or 4 KG for solids. 49 CFR 173.199, CAN/CGSB-43.125, IATA Packing Instruction P650.

Infectious Packaging Diagram
Diagram No. 2

And as always contact ICC Compliance Center for questions or to purchase Infectious Packaging.