DOT 49 CFR USA
Updates to PHMSA HM-218H – New Compliance Dates

Winston Churchill and the 49 CFR

As a former high school science teacher, I had a few choice quotes posted around my classroom.  Some were motivational while others were thought provoking. One of my favorites was by Winston Churchill.

“All men make mistakes, but only wise men learn from their mistakes.”
-Winston Churchill

Granted I tweaked it from “men” to “people” so as not to exclude the other genders in my class. My purpose for that one was to prevent frustrations over calculations, lab results, or high school in general.

On June 2, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule on Docket No. HM-218H. That docket number had some as miscellaneous amendments to Hazardous Materials Regulations. Now, two years later we have a corrective rulemaking to HM-218H. Published on June 18, 2018 with an effective date of July 18 and compliance date of September 17, it addresses some appeals and comments to that previous rulemaking. Let’s see what changed or was corrected.

Updated/Changed Sections

  • 604 Emergency Response. Emergency response telephone numbers must be displayed in numerical format only. A shipper is no longer allowed to use alphanumeric phone numbers for the emergency response number. For example, 1-800 CLEAN IT is no longer an acceptable emergency response phone number. It must be listed as 1-800-253-2648 going forward. No enforcement actions will be taken from July 5, 2016 to Continue Reading…
TDG
Transport Canada Moves to Update ERAP Requirements

TDG Update - Man Staring in to warehouse

TDG Emergency Response Assistance Plans (ERAP) Update

On June 30, 2018, Transport Canada issued a proposed amendment to Part 7 of the Transportation of Dangerous Goods Regulations (TDG). This part covers the requirements for Emergency Response Assistance Plans, or ERAPs. Details can be found on Government of Canada’s website.

Canada’s ERAP requirements are unique, not being adopted from the UN Recommendations on the Transport of Dangerous Goods. Essentially, they require consignor of significant amounts of high risk dangerous goods to establish a specific protocol, often involving an on-call response team, that can assist local responders in case of a release. Transport Canada must review and approve the plan before the consignor can offer or import affected shipments (although the approval only has to be issued once.) Since the Lac-Mégantic disaster in 2013, improving ERAP requirements has been a particular concern of Transport Canada’s.

The June amendment has four main goals:

  1. To clarify how an ERAP should be implemented;
  2. To enhance emergency preparedness and response;
  3. To reduce the regulatory burden for those affected by the requirement; and
  4. To make some general “housekeeping” changes to keep all parts of the regulations harmonized.

Clarifying Implementation of ERAPs

Currently, the regulations are unclear as to how exactly an ERAP would be implemented – presumably it would be by emergency responders or by the person with control of the released material, but it’s never been Continue Reading…

IATA
IATA 800 Series of Special Provisions

Learning New Regulations

Learning a new transport regulation is tough. Even if you are familiar with other modes, learning the intricacies of a new one is difficult. In our courses, we spend a good deal of time going over a basic shipping description (ISHP) and breaking down each part of it.

Time is also spent on UN versus ID numbers, proper shipping names, hazard classes, and packing groups. We also bring in the Dangerous Goods List (DGL) and talk about where to find the ISHP. This leads to a discussion on technical names, aircraft types, and other symbols shown in the DGL. Eventually we land on the topic of Special Provisions in Column M.

We explain these are additional requirements for any given entry or as I like to call it – the curve balls. Some are helpful and relieve parts of the regulation while others complicate it.

Note – If you ship dangerous goods and are having some trouble with the terms used above, you may need training.

New Special Provisions

IATA added some new Special Provisions a few years ago that cause additional stress for new shippers. I am referring to the A800 series. There are 5 special provisions there starting with A801 and going up to A805. So, what is the big deal with these and new shippers? If we take a moment to look at each one, you’ll see why Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: March 26

Proper shipping name, 500 kg exemption, MANCOMM symbol, and a TDG error

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Proper Shipping Name (49 CFR)

Q. The customer wanted to know if they can print the product name in section 1 of the SDS next to the UN number on a hazard class label instead of the proper shipping name.

A. No. The proper shipping name on the outside of the box is a requirement per 49 CFR §172.301 (a) (1) and must be marked along with the UN number in a non-bulk packaging.

500 kg Exemption (TDG)

Q. Can I apply the 500 kg exemption when I have a mixed load where part of the load is excluded from using a DANGER placard under the 1000 kg Class restriction in TDGR §4.16 but the remainder is less than 500 kg gross? An example would be a consignment offered that included 1200 kg of Class 3, 100 kg of Class 8 and 300 kg of Class 9 (no ERAP required for either)?

A. In the DANGER placard scenario in 4.16, the Class 3 is restricted from using the DANGER placard specifically, based solely on quantity. Regular placarding requirements apply to the load based on the guidance text Continue Reading…

TDG
March 2018 TDG TP 14877 Update

Railway Tanker Transporting Dangerous Goods

Rail TDG Standard TP 14877 Update

On March 15 Transport Canada released a notice on the intent to issue a new January 2018 edition of standard TP 14877 “Containers for Transport of Dangerous Goods by Rail” to replace the current 2013 (with Corrigendum) edition.

This is the penultimate culmination of the public process, in part arising out of the Lac Mégantic 2013 disaster, undertaken by a stakeholder Consultative Committee that began in February of 2016.

The main features of the proposed 2018 edition include:

  • Improved usability by incorporating external technical requirements, such as those in Protective Direction 34, 37 and 38.
  • Updated dangerous goods list to align with the 19th edition of the UN Model Regulations. Adjusted special provisions to reflect updated transportation requirements for Sulphuric Acid (UN1831) and Hydrogen Peroxide (UN2014 / UN2015).
  • Updated technical requirements for Class 3, Flammable Liquids and the new tank car specification known as TC 117.
  • Improved harmonization between tank car requirements in Canada and the US, including tank car approvals, tank car design requirements and a new mechanism to secure One Time Movement Approvals (OTMA) – Category 2.
  • Updated material of construction requirements for tank cars, including the addition of stainless steel, normalized steel for dangerous goods classified as a toxic inhalation hazard (TIH) and improved thickness requirements for new tank car construction.

Comparing the 2013 and 2018 Standard TP 14877

A brief comparison of the TABLE OF CONTENTS Continue Reading…

IATA
IATA Creates Digital System – DG AutoCheck

Cargo loading on aircraft

IATA is Going Digital with DG AutoCheck

When receiving inbound calls at our regulatory help desk, one of the most popular inquiries involves filling out various types of paperwork when shipping dangerous goods.

If you are looking to ship dangerous goods by air, you could now be facing a different type of compliance check involving your shipper’s declaration in the near future. The International Air Transport Association (IATA) unveiled a digital product allowing air cargo providers an easier way to verify that a shipper tendering dangerous goods has met the industry’s standards for transporting hazardous goods. Their new product is called Dangerous Goods AutoCheck (DG AutoCheck).

What is this new Digital Product?

This new Dangerous Goods Auto Check system is designed as a digital means of checking the compliance of goods designated under the Shipper’s Declaration. This tool will allow direct receipt of electronic consignment data and will automatically check the information contained in the Shipper’s Declaration against the relevant language in the IATA regulations governing the handling and transport of the goods.

Simply scan or upload the dangerous goods declaration into the tablet-based tool. That’s it!

-IATA’s Webiste

The tool will simplify a ground handler’s or airline’s decision to accept or reject a shipment during the physical inspection stage by providing a visual representation of the package with the correct marking and labelling required for transport based on the information electronically provided Continue Reading…

Airplane Icon
191 Lithium Battery Incidents Reported Since 1991

Lithium Batteries, Laptop battery

Airport Lithium Battery Incidents

In our dangerous goods world we all know the importance of labelling, packaging, and disposing of lithium batteries. As many of you know we offer training, consultation, packaging, and re-packaging for shipping lithium batteries, and for good reason. While lithium batteries are becoming more and more prevalent in our society, so are the risks involved, like the video below:

According to the FAA as of January 24, 2018, there were 191 air/airport incidents involving lithium batteries carried as cargo or baggage that have been recorded since March 20, 1991.

And just to clarify, these are just the recent cargo and baggage incidents that the FAA is aware of. Most of these incidents included smoke, fire, extreme heat or explosion involving lithium batteries or unknown battery types. Incidents have included devices such as E-cigarettes, laptops, cell phones, and tablets. The severity of these incidents ranged from minor injuries to emergency landings.

Visit FAA’s website for the complete list of incidents:

https://www.faa.gov/ (PDF)

Note: This list does not include three major aircraft accidents where lithium battery cargo shipments were implicated but not proven to be the source of the fire.

What can we do to prevent these incidents?

The following precautions should be taken when traveling with devices containing lithium batteries:

  • Never travel with a device with a damaged or defective battery.
  • Make sure battery is properly installed in your device. Batteries Continue Reading…
TDG
Standard TP14850 Pre-Canada Gazette (CG) I Consultation

Truck Driving on highway at sunset

Updated TDG Packaging Standard – Small Containers for Classes 3, 4, 5, 6.1, 8, & 9

In addition to expanding the title to reflect the various types of containers contemplated in the Transportation of Dangerous Goods regulation (TDGR) §5.6, 5.12 (and cited within other referenced standards), this “final draft” reflects the penultimate result of a review that’s been active since the adoption of the current edition in 2015.

Anatomy of Development

The 2nd Edition of TP14850, published October 2010 was adopted into the Canadian TDGR in July 2014, replacing CGSB-43.150-1997 and becoming the mandatory standard for packaging the “common” classes of dangerous goods in Canada in January 2015.

The 16th Edition (2009) UN Model was the primary basis for the 2010 TP14850 standard, so it was time to move forward in the spirit of harmonization.

Transport Canada began the process of forming a consultative committee in mid-2015. A public notice regarding the consultation was published in early 2016 with provision for general public input. The committee, formed in April 2016, consists of about 3 dozen participants.

The committee includes a core group of 6–8 from Transport Canada with the remainder representing a variety of industry associations, individual manufacturers, users, provincial/US regulatory interests, and labour organizations.

The draft presently open for general comment was developed by consensus following discussions, including face-to-face meetings and a series of web/teleconference sessions, between April 2016 and June 2017. Continue Reading…

United Nations Logo
20th UN Model Recommendations for Dangerous Goods Transport (Orange Book)

UN Model Regulations (Orange Book)

2017 (20th Edition) – Highlights Changes

Those who follow the IATA DGR will have an idea of many of the changes resulting from the UN Recommendations expected to result from the changes in the 20th Edition of the commonly titled “Orange Book”.

Those who work with other modal/government regulations may not be familiar with changes that will likely follow in those regulations as all or part of the amended Model become incorporated.

Changes in Terminology

As often happens, terminology changes were introduced to this edition to clarify or technically improve concepts covered by the regulations. Throughout the document the term “risk” has been replaced by “hazard” to reflect the intent of referring to a danger.

Similarly, most references to “devices” now refer to “articles” which is defined in 2.0.5.1 as including “machinery, apparatus or other devices”.

New UN Numbers

UN3535 to UN3548 have been added to the collection:

  • UN3535 refers to “TOXIC SOLID, FLAMMABLE, INORGANIC, N.O.S.”
  • UN3536 is a new “LITHIUM BATTERIES INSTALLED IN A CARGO TRANSPORT UNIT” applicable to either ion or metal-based batteries.
  • UN3537 through UN3548 cover a sequence of listings for “ARTICLES CONTAINING…, N.O.S.” applicable to a variety of Class 2-5, 6.1, 8 and 9 dangerous goods.

The additional entries result in related changes to classification sections and special provisions.

Lithium Everywhere

As we’ve seen over the last few years regulation of lithium battery regulations continues to evolve.

The concept of “equipment” in the sense of lithium Continue Reading…

Regulatory Helpdesk: January 8, 2018

3 Questions from our Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Disclosing Concentration Ranges Under WHMIS 2015

Q. Do I have to indicate “Proprietary” on a WHMIS (M)SDS when masking actual concentrations with ranges?
A. It depends. WHMIS 1988 accepted the use of concentration ranges on MSDS to mask confidential business information (CBI) without requiring any indication.

WHMIS 2015 does not currently allow the use of ranges other than the concentration range actually present for a variable substance (also, unlike WHMIS 1988, ranges cannot be used to allow a single SDS for a series of different but similar products).

Products subject to an approved masking under the HMIR Act do have to, in both versions, reference the exemption authorization on the (M)SDS.

A CBI amendment under consideration may re-introduce the permissible use of ranges to unilaterally mask actual concentrations. This proposal as currently written requires a statement in the SDS when a range is used that’s wider than the actual concentration range, to protect CBI. We’ll have to wait for the final amendment to answer the question going forward …

IMDG or TDG?

Q. Does a shipment within Canada by vessel from Newfoundland require placarding according to the IMDG Code or do the provisions of the TDGR Continue Reading…