[ID] => 7531
[post_author] => 34
[post_date] => 2017-01-24 14:51:18
[post_date_gmt] => 2017-01-24 14:51:18
[post_content] => Transport Canada is currently embarked on a three-pronged update of the Transportation of Dangerous Goods (TDG) Regulations, reflecting perhaps some slowness in pursuing rulemakings in recent years. Consultations have recently been held or are ongoing in three areas:
- harmonisation with international provisions in place from the start of 2017
- an update to domestic provisions, taking into account recent initiatives, and
- improvements to the training requirements.
The consultation on training is an open-ended exercise aimed at enhancing standards in the dangerous goods transport sector by improving the quality of training. Transport Canada invited comments from interested persons with the aim of taking those opinions and generating a rulemaking proposal. The comment period ended on 28 February.
In particular, Transport Canada posed questions on:
- the meaning of “adequately trained” in respect of the current requirements
- the value of moving to a competency-based performance standard
- the value of a test for basic awareness (“TDG 101”), and
- what safety issues, if any, are overlooked in the current training requirements.
On the basis of the comments received, the last point may generate new provisions for training on load securement.
The International Harmonisation Update was published in Part I of Canada Gazette on 26 November 2016 with a 60-day comment period. The proposal will update references to the latest version of the UN Model Regulations, the International Civil Aviation Organisation’s (ICAO) Technical Instructions and the International Maritime Dangerous Goods (IMDG) Code. Significantly, the proposals also include an ambulatory reference to those and other documents so that it will no longer be necessary to initiate a new rulemaking every two years to reflect their periodic updating.
Another objective of the proposal is to reduce regulatory barriers to cross-border trade with the US by formally recognising aspects of the US regulatory regime and by increasing reciprocity of regulatory requirements for pressure receptacles and approvals between Canada and the US by aligning national standards and regulations.
Most of the changes are designed to align the TDG Regulations with the amendments that appeared in the 19th revised edition of the UN Model Regulations, including new entries in the List of Dangerous Goods along with new and revised special provisions, revised classification criteria for viscous flammable liquids, new lithium battery marks, new definitions, and so on.
As with the US Hazardous Materials Regulations, the TDG Regulations are multimodal, so the update also includes revisions to the list of marine pollutants to align with the IMDG Code.
In addition, Transport Canada proposes to include two new National Standard of Canada standards, CAN/CGSB-43.125 Packaging of Category A and Category B infectious substances
, and CAN/CGSB-43.146 Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods
ICAO reporting requirements for dangerous goods occurrences would be adopted under the proposed amendments. A person would be required to submit a written report to Transport Canada if dangerous goods are discovered to have been carried without being loaded, segregated or secured in accordance with the storage and loading requirements in the ICAO Technical Instructions or if dangerous goods are discovered to have been carried without the pilot-in-command having been informed.
The existing exception for dangerous goods to be transported by road in cylinders that are not certified under the TDG Regulations from or for a ship or aircraft for the purpose of refilling, exchange or requalification will be extended to propane cylinders for use in hot air balloons.
Proposed changes relating to the work of the US-Canada Regulatory Cooperation Council (RCC) include:
- the filling in Canada of pressure receptacle meeting US specifications and reciprocal acceptance of cylinders being requalified, repaired, rebuilt or treated in both countries
- reciprocal acceptance of US special permits relating to the transport of dangerous goods to or through Canada, but only to the first destination in Canada, and
- acceptance in Canada of one-time movement approvals (OTMAs) for means of containment moving by rail to be cleaned, inspected, tested, repaired, dismantled or unloaded.
The proposals also include numerous typographical corrections and minor editorial changes. The full list of proposed amendments can be found in the online version of Canada Gazette.
CLOSER TO HOME
The third consultation is also broad in nature, touching on many parts of the TDG Regulations. It responds to previous consultations, ongoing correspondence and Transport Canada’s own investigation of the existing text. The proposals include modernising Canada’s classification scheme to fit more closely with the UN model and updates to reflect changes to the Canadian Packaging and Transportation of Nuclear Safety Regulations, 2015.
In Part 1, Transport Canada plans to add several definitions that are currently absent, including those for fire extinguisher, residue, combination packaging, package, packaging, box, bag, crate, drum, large packaging and intermediate bulk container (IBC). Other definitions will be amended. One potentially significant change will affect overpacks, where the term “small means of containment” will be replaced by “packaging”; this will allow overpacks to be used with all types of packaging and resolve some confusion as regards labelling and placarding.
Proposed changes to Part 2 on classification should make life a lot easier for shippers. To start with, Transport Canada is proposing to allow the use of a shipping name listed in Schedule 1 without having to proceed to the tests or assessment of the criteria under Part 2 for common dangerous goods. The proposal also anticipates inclusion of the UN classification criteria for dangerous goods of Classes 2, 3, 4, 5 and 6, as well as the alternative classification methods for Class 8 corrosives adopted by the UN TDG Sub-committee in June 2016 to align with the GHS criteria. Transport Canada is also planning to rationalise the use of the terms “risk” and “hazard”, which is expected to appear in the 20th revised edition of the UN Model Regulations.
Introduction of a definition for ‘packaging’ in Part 1 will have a significant impact on Part 5 as it will provide a clear distinction between a means of containment, that includes “any part of a means of transport”, and a receptacle that performs a containment function. Another new term, “package supplements”, is also proposed and would address other parts, besides a packaging, used to support and secure a packaging on a means of transport (e.g. consolidation bin, overpack).
This amendment would also seek to better guide consignors towards the appropriate standards to use based on the type of packaging activity they plan to undertake. New sections will be added to Part 5 to give greater clarity, particularly in terms of the applicable standard(s) for each type of packaging (e.g. ton container, rail tank car, portable tank, etc).
In addition, Transport Canada is proposing to establish concentration thresholds for the designation and classification of crude oil based on hydrogen sulphide content. This follows on from its crude oil sampling and testing campaign in the wake of the Lac-Mégantic accident.
The consultation period closed on 22 February; HCB
will follow up on these proposals once they appear in Canada Gazette.
[post_title] => Canada: Catching up
[post_status] => publish
[comment_status] => open
[ping_status] => open
[post_name] => canada-catching-up
[post_modified] => 2017-01-24 14:51:18
[post_modified_gmt] => 2017-01-24 14:51:18
[post_parent] => 0
[guid] => https://www.hcblive.com/?p=7531
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