Canada!
Transport Canada Issues Protective Direction 36

On April 28, 2016, Transport Canada issued its latest Protective Direction. This Direction, number 36, will replace a previous one, Protective Direction 32, with more detailed instructions for rail carriers.

Protective Directions are rules that are not included in Canada’s Transportation of Dangerous Goods Regulations (TDG). Instead, they are announced by Transport Canada, and are published on their website. Usually, these directives are used when Transport Canada believes it’s important to bring in a new rule quickly in order to protect the public. Since amending the regulations can take months or longer, Part 13 of TDG allows them to use this method to respond to important issues with appropriate speed.

Protective Direction 36 requires Canadian Class I rail carriers to either publish information on the carrier’s website, or provide information to designated Emergency Planning Officials (EPOs) of each jurisdiction through which the carrier transports dangerous goods. This information includes:

  • Aggregate information on the nature and volume of dangerous goods that the rail carrier transported by railway car through the last calendar year (broken down by quarter);
  • The number of unit trains loaded with dangerous goods operated in the jurisdiction in the last year (again, broken down by quarter); and
  • The percentage of railway cars carrying dangerous goods that were operated by the rail carrier through the jurisdiction in the last calendar year.

Rail carriers transporting dangerous goods by railway car in a province must, by March 15 of the following year, publish on its website a report in both official languages detailing the dangerous goods shipments, including the percentage of cars that were loaded with dangerous goods, the top ten dangerous goods carried, the percentage of these top ten goods as part of the dangerous goods transported in this province, and the percentage of all residual dangerous goods on the total dangerous goods transported in that province.

Further details are given in the Protective Direction about how the rail carrier must communicate with the designated Emergency Planning Official in each jurisdiction, and how they must provide information to the agency CANUTEC to improve communication during accidents.

Protective Direction 36 replaces the earlier Protective Direction 32, and takes effect on April 28, 2016, the day it was issued. The full text of the Direction can be found at http://www.tc.gc.ca/eng/tdg/safety-menu-1281.html.

Do you have any further questions about Protective Directions? Contact ICC Compliance Center here at 888-442-9628 (U.S.) or 888-977-4834 (Canada), and ask for one of our regulatory specialists.

Prop 65
Extra! Extra! Read All About It: California Proposition 65 List Updated!

A few weeks ago I had the opportunity to see Disney’s Broadway musical “Newsies”. The show is about the 1899 strike of New York City’s Newsboys. For those that aren’t familiar with Newsboys, these are the young men who would stand on the street corners in big cities selling the daily newspaper to the people walking past. In the event of a big news story, publishers would print an “Extra” edition. On these occasions the Newsboys could be heard shouting, “Extra! Extra! Read All About It!” to let people know something big had happened and that they had the news on hand.

Consider this blog my “Extra! Extra! Read All About It!” story in regards to California’s update to the Safe Drinking Water and Toxic Enforcement Act of 1986 or as it is more commonly known Prop 65. The list was updated on April 22, 2016. You can download the full list here. The biggest change for the list is the addition of Styrene (CAS No. 100-42-5). It is now listed as a substance “known to cause cancer”.

Styrene was included on the “Notice of Intent to List” published in February of 2015. Open comments were taken and the final decision was published and went into effect on April 22, 2016. The 2015 proposal was made under the authoritative bodies listing mechanism. Under this mechanism, a chemical must be listed under the Proposition 65 regulations when two conditions are met:

  • An authoritative body formally identifies the chemical as causing cancer (Section 25306(d)3).
  • The evidence considered by the authoritative body meets the scientific sufficiency criteria contained in the regulations (Section 25306(e)).

California’s Office of Environmental Health Hazard Assessment (OEHHA) is the agency responsible for Prop 65 implementation. When an authoritative body makes a determination regarding a substance, this office then considers whether or not to list the substance based on the criteria in the regulations. In this case, the authoritative body was the National Toxicology Program (NTP). OEHHA’s official statement says, “Styrene meets the criteria for listing as known to the State to cause cancer under Proposition 65, based on findings of the NTP (2011).” For more information on OEHHA’s decision you can read the response to public comments here and the final decision here.

Styrene was on a prior “Notice of Intent to List” back in 2009 and 2013 but was withdrawn in both cases.

Granted a blog isn’t a newspaper, but consider this your notice that something big and newsworthy happened.

Related Article: Has Right to Know Gone Too Far? Prop 65 In Day to Day Life »

TDG
TDG TC 117 Rail Tankers/ERAP Clarification- CGII, May 20 (no question)!

Transport Canada’s May 1st announcement of a TDGR amendment was formalized in the May 20th edition of CGII. This amendment, SOR/2015-100 (“TC 117 Tank Cars”), phases in the requirement for the upgraded TC 111 and basic-enhanced TC 117 rail tank cars for flammable liquid service (see my Blog of May 4th).

The amendment details the enhancements required to the basic tank car design and construction in TP14877 for use in service for flammable liquids. TP14877, published in 2013, was formally adopted in July 2014 and became mandatory in January. Subsequent incidents and recommendations have led to these extra measures to provide a stronger tanker in conjunction with other operating procedures to improve rail safety for flammable DG transportation.

On the related topic of rail tanker ERAP (emergency response assistance plans-TDGR Part 7), the amendment clarifies the requirements as they apply to rail tankers and true flammables.

Canada Gazette II:
http://www.gazette.gc.ca/rp-pr/p2/2015/2015-05-20/html/sor-dors100-eng.php

Save

IATA
IATA, Addendum 2 to the 56th Edition DGR

IATA issued a 2nd Addendum to the “56th edition of the IATA DGR“. A proposal to prohibit e-cigarettes in checked baggage was discussed at the ICAO DGP-WG/15 meeting in Montreal last week. The DGP recommended that e-cigarettes be restricted to carry-on baggage and also that e-cigarettes and/or their batteries not be recharged on the aircraft. The addendum has been modified to reflect the language adopted by the ICAO DGP.

The addendum also contains a number of changes to State and operator variations.

Download the PDF of Addendum 2 for the 56th edition of the IATA DGR and print it. The updates to the eDGR will be issued shortly. The language editions of the addendum should be out by the end of the week.

TDG
TDG Amendment- TC 117 Rail Tankers – ERAP Correction: Canada Gazette II May 6?

Coincident with a press conference given by Lisa Raitt (Canadian Minister of Transportation) and her US counterpart, Anthony Foxx (US Secretary of Transport), Transport Canada published an amendment to the TDGR on their “Adopted amendments…” website on May 1.

Presumably we can expect to see the official publication in an upcoming CGII. One would expect that, given the press conference it may be out in the next (May 6) edition- but the first deadline of the phase in is October 1, 2015.

Phasing in Upgrades

The main part of the amendment outlines the mandatory use of upgraded design TC 117 rail tanker cars spurred by the TSB (Transportation Safety Board) recommendations post Lac-Mégantic, and subsequent incidents in the intervening period. All rail cars manufactured after October 1, 2015 must be to the TC 117 standard if they are to be used for Class 3 flammable liquids. Other features of the phase-in (TC 117)/phase-out (TC/DOT111) requirements will transition for deadlines ranging from April 30, 2017 to April 30, 2025:
Continue reading “TDG Amendment- TC 117 Rail Tankers – ERAP Correction: Canada Gazette II May 6?”

PHMSA Issues NPRM HM-215M for Harmonization with International Standards

The U.S. Department of Transportation (DOT) has been committed to ensuring that the domestic Hazardous Materials Regulations (HMR) are kept current with international standards. Since these standards are updated at the United Nations (UN) level every two years, this requires frequent amendments. The latest round of amendments has been started with the issue of a Notice of Proposed Rulemaking (NPRM) on August 25.

The NPRM has been issued by DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) as Docket Nos. PHMSA-2013-0260, HM-215M. It contains revisions necessary for harmonization with the UN Recommendations on the Transport of Dangerous Goods, the ICAO Technical Instructions for Safe Transport of Dangerous Goods by Air, and the International Maritime Dangerous Goods Code (IMDG). The comment period is until October 24, 2014. PHMSA’s goal is to ensure harmonization with the above regulations for the 2015-2016 biennium.
Continue reading “PHMSA Issues NPRM HM-215M for Harmonization with International Standards”

TDG Update – Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)

On July 2, 2014, Transport Canada issued its amendment regarding updating the Transportation of Dangerous Goods Regulations (TDG) to reflect recent international standards, and to incorporate some new packaging standards. This amendment is intended to harmonize Canada’s regulations more fully with those used for international shipment, therefore simplifying international transport and improving safety. Please note that is a separate amendment from the one issued at the same time regarding safety marks.

The first thing you’ll notice in this amendment is the table in section 1.3.1, Table of Safety Standards and Safety Requirement Documents, has been extensively revised. Many standard references have been updated to more current versions; one of the most significant updates is the new reference to the Seventeenth Edition (2011) of the UN Recommendations on the Transport of Dangerous Goods. Also, some standards have been deleted, such as CAN/CGSB 43.150, “Performance Packagings for the Transportation of Dangerous Goods,” from the Canadian General Standards Board. Instead, new standards such as Transport Canada Standard TP14850, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and 9” have been added. This will bring in a whole new system for selecting packagings for these classes. Other new standards will introduce UN packaging provisions for portable tanks and rail containers.
Continue reading “TDG Update – Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)”

Canadian Government Tables Legislation to Introduce GHS

Is the Ball Finally Rolling?

On March 28, 2014, the Government of Canada tabled new legislation intended, among other things, to start the introduction of the Globally Harmonized System for Classification and Labelling of Chemicals (GHS). This legislation, included in Bill C-31, proposes amendments to the Hazardous Products Act which will, eventually, allow Health Canada to replace the Controlled Product Regulations (CPR) with a new regulation, the Hazardous Products Regulation (HPR). The CPR, and the HPR intended to replace it, create the main federal part of the Workplace Hazardous Materials Information System (WHMIS). The HPR has come to be known as “WHMIS 2.0”, as it replaces the well-known WHMIS labels, symbols and Material Safety Data Sheets for a new, internationally harmonized, style.
Continue reading “Canadian Government Tables Legislation to Introduce GHS”

IMDG Logo
Upcoming Changes to the IMDG Code for 2015

By the end of this year, the International Maritime Organization (IMO) will publish the next revision to the International Maritime Dangerous Goods Code (IMDG). This revision, to be known as Amendment 37-14, will be optional to comply with starting on January 1, 2015, and will become mandatory on January 1, 2016.

What changes will we expect to see in this new revision? Perhaps not as many as in previous amendments, but there will be a number of significant issues addressed. These include:

  • A clarification that lamps and light bulbs are not to be considered dangerous goods
  • Significant revisions to the requirements for Class 7 radioactive substances

Continue reading “Upcoming Changes to the IMDG Code for 2015”

Transport Canada Unveils Proposed Amendment to Safety Standards

On November 16, Transport Canada published proposed changes to certain safety standards in the Transportation of Dangerous Goods (TDG) Regulations. These changes can be found in Canada Gazette I, and may be accessed online at http://gazette.gc.ca/rp-pr/p1/2013/2013-11-16/html/reg5-eng.html.

It may appear at first that these are merely technical changes and updates. Transport Canada says that the main reason for the amendment is that some of the standards need their references updated to the most current version, and some of them need to be introduced for the first time. However, if the amendment is finalized in Gazette II, some of the implications are significant for Canadian shippers and carriers.
Continue reading “Transport Canada Unveils Proposed Amendment to Safety Standards”