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“dynamic” references, the requirement to use the latest version will apply to those issued by CGSB (except CGSB-32.301, withdrawn and no longer being updated) and CSA on packaging design and/or manufacture and/or use.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
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).
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.
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
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.
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
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.
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.
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.
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)
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.
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.