Awareness Session - Proposed Regulatory Changes. AAR BOE Hazmat Seminar May 2014

Transcription

1 Awareness Session - Proposed Regulatory Changes AAR BOE Hazmat Seminar May 2014

2 Contact Information Donna McLean Chief, Inspector Education and Public Awareness Transport Dangerous Goods Transport Canada 330 Sparks Street, 9 th floor, Tower C Ottawa, Ontario, K1A 0N5 Tel: (613) donna.mclean@tc.gc.ca 2

3 Outline Proposed Amendments to the Regulations: Safety Marks (Part 4) Update of Standards Update of Schedules Working Groups Protective Directions 3

4 Bonny Brook Bridge, Calgary, Alberta June 27, 2013

5 Bonny Brook Bridge, Calgary, Alberta June 27, 2013

6 Lac Megantic, Quebec July 6, 2013

7 Lac Megantic, Quebec July 6, 2013

8 Lac Megantic, Quebec July 6, 2013

9 Gainford, Alberta October 19, 2013

10 Gainford, Alberta October 19, 2013

11 Wapske, New Brunswick January 7,112014

12 12 Wapske, New Brunswick January 7, 2014

13 Amendment Safety Marks 13

14 Amendment Safety Marks Key Points 1. Misleading safety marks 2. Removal of safety marks 3. Overpack 4. New rules for placards 5. Toxic by inhalation hazard 6. Excepted quantities 14

15 Amendment Safety Marks Clarify Misleading Not Quantity. Presence = Displaying a safety mark when no DG are present. H 2 O Nature = Displaying a safety mark that does not represent the class or product.

16 Removal of Safety Marks - Section Display until means of containment: Neutralized Unloaded or unpacked Cleaned or purged 2. Removal when danger no longer present; 3. DANGER placard can remain displayed until empty. 16

17 Overpack New section Similar to international rules Labels on opposite sides if volume 1.8 m 3 or 64 ft 3. Overpack UN1978 Propane UN1790 Hydrofluoric Acid 17

18 Overpacks 18

19 New Rules for Placards Harmonize with the US and international requirements Simplifies the regulations and cross border trade. Current Proposed 19

20 4.15 Current requirements a) Require an ERAP b) Class 7, category III yellow c) Liquids or gas in direct contact with large MOC d) Total gross mass > 500 kg e) Class 1.1, 1.2, 1.3 or 1.5 > 10 kg 20

21 Table under 4.15 (to be deleted) Description Placard UN Number 1. Same UN#, No ERAP Primary Class 2. Same UN#, ERAP Primary Class UN # 3. Different UN #, No ERAP a) Primary Class 7 b) Primary Class 1 c) Remaining DG, primary class or DANGER a) UN # only if Liquid or Gas in direct contact b) UN # permissible if over 4000 kg. NONE 4. Different UN #, ERAP (at least one) 5. Different UN #, ERAP a) ERAP, Primary class b) Primary Class 7 c) Primary Class 1 d) Remaining DG, primary class or DANGER ERAP, Primary class UN # UN # for ERAP only 21

22 New placard requirements 4.15 Placard for each class of dangerous good (New concept, permissive placarding) Harmonized with 49 CFR, IMDG Code, UN Recommendations Subsidiary class placards (Same) Class 1.1, 1.2 or 1.3 Class 4.3 Class 6.1, Packing Group 1, inhalation toxicity Class 8, UN2977 or UN2978 Uranium Hexafluoride 22

23 New placard requirements When to Display UN numbers (Same concept) a) ERAP b) Liquid or Gas in direct contact with a Large MOC How to Display Placards and UN numbers (Same concept) a) All four sides b) New option for Intermediate Bulk Containers (IBC) (2 placards or 2 labels with UN # & Shipping Name on opposite sides) (Currently must use a certificate) 23

24 New placard requirements placards on opposite sides or 2 labels with UN # and Shipping Name

25 Current 4.15(2) New Clarify the visibility requirements

26 Danger Placard - Currently Used for: Mixed loads of DG (Different classes) Not for: ERAP Class 1 or Class 7, that meet any condition under

27 Amendment DANGER Placard More restrictive and aligned with 49 CFR Limited to 1000 kg per class and offered by one consignor Must be multiple classes Multiple small MOC that are loaded into a large MOC 27

28 Amendment DANGER Placard Cannot be used for: a) DG that have a gross mass greater than 1000 kg, same class and by one consignor b) DG that require an ERAP c) Class 1 d) Class 2.3 e) Class 4.3 f) Class 5.2 (that require a control temp) g) Class 6.1 (PG I due to inhalation toxicity) h) Class 7, Category III - Yellow label 28

29 New Exemption for 500 kg or Less 1) 500 kg or less = No placards Note = DG under (2) don t count towards the 500 kg. 2) Following DG always require placards: a) DG that require an ERAP b) DG that require a sub class placard c) Class 1, except for: i. 1.4 or 1.4S, or ii. When less than10 kg (or 1000 articles) 29

30 New Exemption for 500 kg or Less (2) Certain DG always require placards: d) Class 2.1 (if transported by ship) e) Class 2.3 f) Class 4.3 g) Class 5.2 that require a control temp) h) Class 6.1 (PG I due to inhalation toxicity) i) Class 7, Category III Yellow label 30

31 Placarding examples Harmonize with the US and international requirements Simplifies the regulations and cross border trade. Current Proposed 31

32 Current 4.15 Placard? No Placard Required UN (3)(8), ERAP Index = 1000 Gross mass = 400 kg Methyldichlorosilane UN

33 New placard requirements Placard? UN (3)(8), ERAP Index = 1000 Gross mass = 400 kg 33

34 Current 4.15 Placard? + UN Gross mass = 300 kg UN (3)(8), ERAP Index = 1000 Gross mass = 400 kg 34

35 New placard requirements Placard? DANGER + UN Gross mass = 300 kg UN (3)(8), ERAP Index = 1000 Gross mass = 400 kg 35

36 Current 4.15 Placards? DANGER UN (3)(8), ERAP Index = 1000 Gross mass = 400 kg UN (8) ERAP Index = 50 Cylinder size = 100 L 36

37 New placard requirements Placards? DANGER UN (3)(8), EI = 1000 Gross mass = 400 kg UN (8) EI = 50 Cylinder size = 100 L 37

38 New requirements DANGER placard UN1203 Gasoline Gross mass = 1300 kg + UN1830 Sulfuric Acid Gross mass = 900 kg Not allowed More than 1000 kg of DG Placards? 38

39 Outdated safety marks Current Proposed MARINE POLLUTANT 40

40 Limited Quantities Question: Can I use ONLY the new international limited quantity mark in Canada? Answer: Yes, Transport Canada will accept them. Section 1.17

41 Section 4.23 and Special provision 23 Toxic by inhalation or Toxic inhalation hazard Toxic Toxic 42

42 Amendment Standards Update Updates Container Type Standard Highway Tanks CSA B620-09, B621-09, B Cylinders CSA B339 & Aerosol cans CGSB

43 Amendment Standards New Container Type Standard New Small containers (Drums, boxes, etc) TP14850 (2010) Portable tank (TC 44) B UN Portable Tanks CSA B UN Cylinders CSA B341 & Rail Standard TP

44 Proof of Classification New requirement Proof of classification is: Test report Lab report Document that explains how the dangerous goods were classified Must include: Date of classification Technical name Classification Classification method used 47

45 Consignor s Certification I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, are classified, packaged and have dangerous goods safety marks affixed or displayed on them, and are in all respects in proper condition for transport according to the Transportation of Dangerous Goods Regulations. 48

46 Retention Record of Sampling Method New Special Provision Consignor must classify crude oil on the basis of samples. Keep a document that explains the sampling method and includes the following: Scope of the method Sampling apparatus Sampling procedures Frequency and conditions of sampling Description of the quality control management system Document must be kept for 2 years 49

47 Amendment - Schedules 1, 2 & 3 Key Points 1. Adding new UN numbers (147 approx) 2. Deleting column 10 (Marine Pollutants) 3. Adding Marine Pollutants to Schedule 3 4. Adding Excepted Quantity (Column 6) 5. New special provisions (Schedule 2) 50

48 Schedules 1, 2 & 3 Section Excepted Quantities Inner means of containment: 1g to 30 g or 1 ml to 30 ml Outer means of containment: 300 g to 1000 g or 300 ml to 1000 ml 51

49 Excepted Quantities Exempt small quantities of dangerous goods Index will be shown in Schedule 1 Harmonization with international regulations 52

50 Updates to special provisions (Schedule 2) Special provision 16: Allow two Technical names instead of one. 54

51 Special Provision 34 - Lithium Batteries Harmonize with international regs (Wh = Li-ion) (Grams of lithium = Lithium metal) More restrictive exemption 55

52 Ethanol and Gasoline Mixture Special Provision 96 When UN1203 GASOLINE has more than 10% ethanol, it must be classified as: UN3475 ETHANOL AND GASOLINE MIXTURE 56

53 Working Groups 1. Classification 2. Emergency Response Assistance Plan 3. Means of Containment 57

54 Classification Collaboration with CCQTA and Natural Resources Canada on new sampling and testing protocol toward new ASTM methods to characterize crude oil. A TC-funded extensive campaign of sampling and analysis. On-going technical collaboration with PHMSA on classification. Regulatory amendment published on Jan 11,

55 ERAPs Review of Class 3 products that would require an ERAP, focusing on higher risk products first. Consideration of a dedicated task force on ERAP to focus on: Activation of ERAPs Enhanced communications and information sharing Development of standard incident command systems and best practices Coordination with CANUTEC (Canada s TDG Emergency Center) Exercises and training, building on TransCAER and other programs. 59

56 Means of Containment TP14877 expected in Canada Gazette Part II before end of year CPC1232 level Close collaboration with PHMSA and on-going technical discussions on enhanced tank car specifications for Class 3. Collaboration with AAR, Industry and the US DOT on technical standards for retirement, repurposing and retrofit of pre-cp1232 cars. Review of train operations (similar to OT 55N). 60

57 What is a protective direction? Definition A protective direction is a direction to cease an activity or to conduct other activities to reduce any danger to public safety.

58 Reference Issued under the authority of section 32 of the Transportation of Dangerous Goods Act, 1992 TDG Act Regulated under Part 13 of the Transportation of dangerous Goods Regulations TDG Regulations

59 Timeframe PD takes effect on the date the Minister or a designated person signs it, or at a date set out in the protective direction. PD expires on the expiry date set out in it but if there is no set expiry date, it will expire 12 months after it is signed.

60 Protective Direction 31 Directs any person who imports, handles or offers for transport or transports (IHOT) crude oil to: immediately test crude oil classified as UN 1267, or UN 1993, if the classification testing was not done before July 7, 2013; provide those test results to Transport Canada inspectors upon request. Requires any person who imports or offers for transport UN 1267 or UN 1993 to immediately provide a Safety Data Sheet (SDS) to CANUTEC.

61 Protective Direction 31 Requires any person who IHOT crude oil classified as UN 1267 or UN 1993 by rail until the testing is complete, to: ship all such crude oil as a Class 3 Flammable Liquid Packing Group (PG) I; and meet the requirements in the Act, regulations and standards related to UN 1267 or UN 1993 classified as PG I.

62 Protective Direction 32 Directs any company who transports dangerous goods through a municipality by rail, to provide the municipality s Emergency Planning Official (EPO) yearly information on the nature and volume of dangerous goods it transports through the municipality; Information sharing is done via CANUTEC; Requires railway companies to provide in writing to CANUTEC, contact information of the person who will liaise with a municipality s EPO.

63 Protective Direction 33 Directs every person who offers for transport or imports dangerous goods by rail to have an approved Emergency Response Assistance Plan (ERAP) for: UN1170 ETHANOL UN1202 DIESEL FUEL UN1203 GASOLINE UN1267 PETROLEUM CRUDE OIL UN1268 PETROLEUM DISTILLATES, N.O.S. UN1863 FUEL, AVIATION, TURBINE ENGINE UN1993 FLAMMABLE LIQUID, N.O.S. UN3295 HYDROCARBONS, LIQUID, N.O.S. UN3475 ETHANOL AND GASOLINE MIXTURE. Will take effect 150 days from the date it was signed.

64 Protective Direction 34 Directs every tank car owner to immediately identify each of its tank cars that meets all four criteria of PD 34: a) Tank car is of stub still design and of a CTC 111, DOT 111 or AAR 211 specification; b) Tank car shell is made of non-normalized ASTM A515 Grade 70 steel plates; c) Bottom shell of the tank car does not have exterior heater coils; and d) Bottom shell of the tank car is not continuously reinforced between the end of one of the stub sill s reinforcing plate to the end of the other stub sill s reinforcing plate or other structural shapes or by other structural elements such as bottom discontinuity protection device.

65 Protective Direction 34 Identified tank cars can no longer transport dangerous goods and must be marked with the words Do not load with dangerous goods in Canada / Ne pas charger de marchandises dangereuses au Canada. Tank car owner must also provide the reporting marks within 30 days of the signature of this direction.

66 Multimodal Rail Transport PD 32, 33 and 34 All modes of transport PD 31

67 Visit our Frequently Asked Questions (FAQ) page on Transport Canada s website:

68 Other Address 72

69 Contact Information Donna McLean Chief, Inspector Education and Public Awareness Transport Dangerous Goods 330 Sparks Street, 9 th floor, Tower C Ottawa, Ontario, K1A 0N5 Tel: (613) donna.mclean@tc.gc.ca 73