The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on October 18th. As you know, the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations is through a rule making process. This particular docket number is HM–259. Its goal is to “align the U.S. Hazardous Materials Regulations with current international standards for the air transportation of hazardous materials”. It has an effective date of October 18, 2018. While the published rule is 23 pages long, I have attempted to hit the highlights here. If you wish to read the entire final rule with the discussion on comments received, you can go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-22114.
Highlights of HM-259
172.101 – Removal of A3 and A6 from Column 7 for multiple entries in the HMT. Provision A3 will be removed from all Packing Group I entries. Provision A6 will be removed from all liquid entries to which it is assigned.
172.102 – A3 revised and now reads as follows: “For combination packagings, if glass inner packagings (including ampoules) are used, they must be packed with absorbent material in tightly closed rigid and leakproof receptacles before packing in outer packagings.” There is no longer a mention of using “tightly closed metal receptacles”.
175.10(a)(18)(i) – Revised portable electronic devices by passengers and crew. This section has been expanded to include portable medical electronic devices with lithium metal Continue Reading…
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.
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 Continue Reading…
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.
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.
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:
Chart of Phase-In
Last Day to Use Tank Car in Column 3 for Dangerous Goods in Column 2
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.
You can follow the links at the bottom of this article to read the proposed rulemaking or comment on it at the Federal Rulemaking Portal.
The extensive docket is about 90 pages long, and covers a number of areas for change.
HMR Significant Updates HM-215M:
Marine pollutants – the NPRM would exempt packages of small packages of marine pollutants (up to 5 Liters or 5 kilograms) from the HMR, due to the low risk for these goods in transport. Also, Chlorotoluenes will Continue Reading…
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.
Not all standards have been updated; note, for example, that CAN/CGSB 43.125, “Packaging of Infectious Substances, Diagnostic Continue Reading…
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.
As part of the federal government’s Economic Action Plan 2014, Bill C-31 proposes significant amendments to the Hazardous Products Act, including:
Expanded definitions of terms such as sell, supplier and hazardous waste
New definitions for “Safety data sheet” (SDS) and “hazardous product”, as used by the GHS, to replace the current definitions for “Material Safety Data Sheets” (MSDS) and “controlled product”
Specific requirements for products containing asbestos
Prohibitions against labels or SDSs that contain false or misleading information
Increased record-keeping requirements, such as keeping documentation on goods obtained from other suppliers, as well as goods sold to Canadian workplaces
Significant amendments to section 13 and 14, the main sections dealing with supplier obligations Continue Reading…
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
Addition of shipping descriptions and packaging instructions for adsorbed gases
Clarifications on classifying viscous flammable liquids
Clarification on the design and dimensions of various marks, such as the marine pollutant and limited quantity markings, as well as the design and dimensions of labels and placards
The lettering of the OVERPACK marking must be at least 12 mm high (Mandatory January 1, 2016)
The Dangerous Goods List, Chapter 3.2, will be altered by dividing column 16 (Stowage and segregation) in two, creating column 16a, Stowage, and 16b, Segregation. Codes for appropriate stowage and segregation will be assigned for each shipping description (these codes will be explained in Chapter 7.2).
There will be a number of revisions to shipping descriptions. One important one affects the automotive industry – the shipping names Continue Reading…