TDG
The Clock is Ticking – 3 Recent TDG Proposals

Red semi truck on highway

An Easter Parade!

(Marine Amendment-Part 11, Rail Car Standard TP14877 Revision, ERAP- Part 7 Consultation)

Transport Canada is heading into what seems to be an ambitious spring/summer period with a variety of projects related to the Transportation of Dangerous Goods (TDG) regulations. The latest notices are open for comment until the end of April and cover aspects of Parts 5, 7 and 11 (with implications for other parts) of the TDG regulations (TDGR).

SHIP- NO!- “VESSEL” AHOY! – MARINE PROVISIONS

Significant changes are proposed to TDGR Part 11 and Part 1 Special Cases to reflect the current Canada Shipping Act (CSA) and associated regulations, as well as commercial considerations. These affect definitions, terminology and the ability to efficiently transport fuels or medical/diving gases on passenger vessels.

In addition to the changes highlighted in the notice, there are several other noteworthy changes in the proposal.

“Near coastal” versus “Home-Trade” Voyages

The current Part 11 has been the subject of confusion regarding what constitutes the use of the IMDG Code versus the TDGR, particularly with voyages between Nova Scotia and Newfoundland. Retailers in particular have had difficulty in determining when consumer commodities can continue on to NL under TDGR Special Case 1.17. The wording in the current TDGR implies that the voyage would fall under a Home-Trade Voyage Class 1 from the Home-Trade Voyage Regulations. At certain times, the Marine Safety branch of Transport Canada has indicated that, this voyage could be considered a Home-Trade Voyage (HTV) Class II (not referenced directly in the TDGR/old Canada Shipping Act wording) – i.e. within 120 nautical miles from shore and within 200 nautical miles of a port of refuge- and be considered a “domestic voyage” as described in §.11.2.

Thus, the voyage could fall under TDGR Special Case 1.17, Limited Quantity (LQ) exemption, which references a “domestic voyage” as eligible for the exemption, use TDGR placarding, etc.

However, the proposal- instead of maintaining this distinction- adopts the Vessel Certificates Regulations (VCR) terminology without providing an “equivalent” to a HTV Class II. The proposed version of 11.2 defines, in effect, a domestic voyage subject to TDGR (without any proposed amendment to 1.17).

The VCR terminology reference in the proposed 11.2 is for a “near coastal voyage, Class 2” to be the longest voyage to be considered “domestic”. This reduces the allowable voyage to one where the vessel is not more than 20 nautical miles from shore and within 100 nautical miles from a place of refuge.

Perhaps retailers might want to consider commenting to Transport Canada on this aspect- or start preparing to submit equivalency certificate requests (under TDGR Part 14).

Ferries

In addition to expanding some exemptions and increasing the distance from 3 to 5 km, exemptions in the current TDGR 1.6, 3.9 and 8.4(4)(d) are proposed to be dropped. These affect adherence to Schedule 1 Column 6 limits for passenger vessels, on-board access to shipping documents and reporting releases.

Flash Point Marking

The TDGR 4.13 to mark the flash point on packages is to be repealed, presumably since it’s not required in the IMDG Code.

Ammonium Nitrate-Explosives Notification

Notification of loading/unloading these commodities will no longer be required under the TDGR. Presumably this is considered a duplication of requirements under the CSA Cargo, Fumigation and Tackle Regulations.

A six-month transition period is proposed to follow publication date of the final amendment in Canada Gazette II.
The Canada Gazette I notice provides for comments until May 1, 2017 and may be obtained at:
http://www.gazette.gc.ca/rp-pr/p1/2017/2017-04-01/html/reg3-eng.php

Rail Car Standard TP14877

The first revision to this 2013 standard has reached a final (at 2016 12) draft stage and is available, on request, for review and comment by April 30, 2017:
http://www.tc.gc.ca/eng/tdg/clear-modifications-menu-261.htm#public

The major changes, as highlighted in the above reference, will incorporate the improvements in tank car design; and various other safety aspects covered in Protective Directions following the Lac Mégantic disaster in 2013. The draft also includes changes to further harmonize with the 19th Ed. of the UN model regulations and 49CFR.

Before Offering versus After Loading

One significant item in section 10 (Selection and Use of Containers…) is a change in the obligation for ensuring loaded containers are in safe condition for transport.

Section 10.8 has been changed from “Before Offering for Transport” to “After Loading”. This may be to reflect the desirability of discovering errors when they’re most likely to occur; but perhaps the former aspect should be maintained for situations where there is a delay between loading and offering. In section 10.9 (“Before Transporting”), the carrier is no longer specifically responsible for remediating deficiencies that could impact public safety.

ERAP Review

The TDGR Part 7 ERAP (registered “Emergency Response Assistance Plan”) requirements have been under a Task Force review for several years. Proposals for amending Part 7 include clarification on circumstances and parties’ rights/obligations with respect to accessing (for information) or activating an ERAP.

Also, the proposal would allow an ERAP holder to extend the right to third party to return “residue last contain” shipments under the holder’s ERAP without notifying Transport Canada, update the infectious substance ERAP list, and outline ERAP termination protocols when a holder no longer consigns the substances covered by the plan.

Transport Canada has established a comprehensive website to review and provide feedback on these and other aspects of ERAP requirements, by May 1, 2017, at:
http://www.letstalktransportation.ca/part7eraps

Considering that we’ve already seen consultations on an Harmonization amendment (expected to be finalized in Canada Gazette II in June/July); a review on possible changes to Part 6 “Training” requirements; and a pre-gazette “Canadian Update” amendment proposal- not to mention ongoing committee work to update standard TP14850 for small packaging and possible development of a large packaging standard- the balance of this year will be busy for both regulators and the regulated community.

TDG
Two New Transport Canada Alerts — ERAPs & E-cigarettes

Transport Canada clarifies interpretation of 10,000 L ERAP requirement & warns of “e-cigarette” hazards in checked baggage.

ERAPs

Further to my blogs of January 12, 13 & 28th – Transport Canada has issued an Alert (dated February 2015- posted March 6) stating:

“the ERAP index of 10,000 L will only apply to rail tank cars”

This appears to be an interim solution until the entries can be formally modified in an amendment.

The full ALERT may be found here (PDF).

E-cigarettes

Another Alert deals with the potential fire hazard of e-cigarette heating elements accidentally activating in checked baggage on aircraft. The units typically are powered by lithium batteries.
Continue reading “Two New Transport Canada Alerts — ERAPs & E-cigarettes”

ERAP Changes Potentially Extend Beyond Rail Tankers

Are You Implicated?

Wording of amendment includes highway tankers, IBC, for UN1993, etc.

Recently, I wrote about the December 31 (SOR/2014-306) amendment to the TDG regulations, which contained a change to the substances requiring an ERAP (TDG-approved Emergency Response Assistance Plan) under Part 7.

As worded, the ERAP obligation extends to consignors of the specified flammable liquids in any shipment  of an accumulation of large means of containment (LMOC) i.e. capacity exceeding 450L) exceeding 10,000 L or any individual LMOC containing more than 10,000 L.

The intent was to incorporate the ERAP requirement for petroleum/petroleum-like products being shipped by rail tanker as contemplated in the post-Lac-Mégantic Protective Direction 33.
Continue reading “ERAP Changes Potentially Extend Beyond Rail Tankers”

Ebola Outbreak Puts Stress on Shippers of Infectious Substances

The headlines are frightening – Ebola virus, one of the most deadly viruses known, has broken out in several African countries. Medical authorities are concerned that it could spread beyond that region, carried by travellers all over the world. Laboratories in North America and Europe are on alert for patients showing suspicious symptoms. This, in turn, means that samples and specimens must be transported for testing and verification. How can the medical community deal with transportation of such high-risk materials?

Shipping biological substances training »

Ebola virus is considered a “hemorrhagic fever,” which affects the blood system. Its virulence is astonishing, with a fatality rate of between 50 and 90 percent. Combine this with the ability to be transmitted through casual contact, and the lack of specific vaccines or treatment, and it’s understandable why Ebola is such a feared disease. Therefore, it is all the more essential that transporters make sure that they comply with all legal and safety requirements.
Continue reading “Ebola Outbreak Puts Stress on Shippers of Infectious Substances”

ERAP – When?

One of the conundrums of the Transportation of Dangerous Goods Regulations (TDG) is the requirement to have an ERAP for a UN number that is not listed in Schedule 1 of TDG.

The problem we run into is that Schedule 1 is only up to the 11th Edition of the UN Recommendations on the Safe Transport of Dangerous Goods (model regulations). In section 1.3.1, item 39 in the table of standards indicates that TDG is at the 14th Edition of the model regulations. But since the 13th Edition of the model regulations, the UN has issued over 130 new classifications.

But section 1.10 of TDG states:

A person may use the appropriate classification set out in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a ship on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.
Continue reading “ERAP – When?”

Transport Canada Issues Amendment 10 to TDG

Transport Canada has recently issued Amendment 10, an update to Canada’s Transportation of Dangerous Goods Regulations. The text of this amendment can be found at http://www.gazette.gc.ca/rp-pr/p2/2011/2011-10-12/html/sor-dors210-eng.html.

This Amendment deals specifically with Emergency Response Assistance Plans (ERAPs), and compensation for situations where the government has invoked a plan in the event of a terrorist action. Costs that are eligible for compensation include:

Regulatory news

Some topics that were discussed at the last Regulatory Affairs Committee meeting of the Canadian Association of Chemical Distributors (CACD www.cacd.ca).

  • The CACD board of directors has approved a new standing committee – Health and Safety; there will be more news about this committee as it comes together
  • CACD has re-branded and launched its new website at its 25th anniversary AGM which was held in St. John’s NF this past June
  • the Auditor General will be reviewing the TDG directorate and will include the emergency response assistance plan (ERAP) programme in the review; the objective is to determine if the programme has value to Canadians; in general, experience has shown that emergency responders do not make use of ERAPs.
  • Continue reading “Regulatory news”

Transport Canada Issues Interim Order – G20

Transport Canada has posted on its website a proposed interim order for the period of the G20 meetings in Toronto. Dangerous goods that require an ERAP, are in Classes 1.1, 1.2, 1.5 or are in Class 7, other than medical isotopes (UN2915), are prohibited from the controlled access zone. Also included in this are dangerous goods that require the display of placards. However, these dangerous goods are permitted between midnight and 06:00.

The controlled access zone is the area in the City of Toronto that is bounded by Strachan Ave from Queen St West to Lake Ontario, Queen St West from Strachan Ave to Bathurst Street, Bathurst Street from Queen St West to Dundas St West, Dundas Street West/Dundas Street East from Bathurst Street to Jarvis Street, Jarvis Street from Dundas St East to Lake Ontario. You can also view this area on a map.

Continue reading “Transport Canada Issues Interim Order – G20”

Amendment T – Provisions for Orphan Releases

Transport Canada has posted on its website Amendment T – Provisions for Orphan Releases. This is a proposed regulation and has NOT been published in the Canada Gazette.

Amendment T outlines the compensation for implementing an ERAP at the request of the Minister. There are 4 sections that will be added:

  • 7.10 Compensation for Authorization to Implement an Approved Emergency Response Assistance Plan (ERAP)
  • 7.10.1 Compensation Limits
  • 7.10.2 Claims for Compensation
  • 7.11 Emergency Response Assistance Plan for Emergency Response Contractors

Section 7.10 outlines what expenses will be covered, such as:
Continue reading “Amendment T – Provisions for Orphan Releases”

Amendment 8 (again)

Although Amendment 8 was published in Gazette I in May 2009, Transport Canada (Dangerous Goods Directorate) has made changes due to comments received since May 2009.

Some of the changes are:

  • Part 16 Inspectors is revoked
  • Part 7 Emergency Response Assistance Plans (ERAP):
    • 7.1(1) – now specifies a single means of containment, regardless of the size of the means of containment
    • 7.1(2) – has had "small" deleted from means of containment and is the total quantity in all the means of containment
    • 7.1(3) – the 10% rule is revoked and it is now back to the accumulation of large means of containment
    • Continue reading “Amendment 8 (again)”