Implementation of some recent changes to ADR and RID has caused problems and raised the need for subsequent amendments to improve compliance
The spring 2019 Joint Meeting of the RID Committee of Experts and the UN Economic Commission for Europe (ECE) Working Party on the Transport of Dangerous Goods (WP15) took place in Bern, Switzerland this past 18 to 22 March. The aim of the meeting was to continue work on the development of amendments that will appear in the 2021 editions of the regulations governing the transport of dangerous goods by rail (RID), road (ADR) and inland waterway (ADN) in Europe and in those other countries that have adopted or observe those regulations.
The meeting was chaired by Claude Pfauvadel (France) with Silvia Garcia Wolfrum (Spain) as vice-chair. It was attended by representatives of 21 full member countries, the European Commission (EC), the EU Agency for Railways (ERA), the Organisation for Cooperation between Railways (OSJD) and 11 non-governmental organisations.
The first part of this report into the session in last month’s HCB covered those papers that were referred to the working groups on tanks and standards, as well as some ongoing issues. This second part covers the remaining proposals for amendment and reports from informal working groups.
Germany proposed an additional special provision to deal with the carriage of polymerising substances as waste. The existing provisions for polymerising substances require the shipper to determine the self-accelerating polymerisation temperature (SAPT) and to take the necessary steps to prevent spontaneous polymerisation through the use of inhibitors or stabilisation by means of temperature control. This is not practical when such substances enter the waste stream.
Having discussed the matter with the waste disposal sector and having brought it to the attention of the UN Sub-committee of Experts on the Transport of Dangerous Goods (TDG), Germany now proposed a parallel special provision to state that, for polymerising substances being transported for disposal or recycling, the measures in 126.96.36.199, 188.8.131.52 and 184.108.40.206.3.1 and in special provision 386 need not be complied with, providing that “suitable measures are taken to prevent dangerous polymerisation”.
Germany also noted that an informal working group led by the European Federation of Waste Management and Environmental Services (FEAD) had been charged with looking into the carriage of dangerous wastes and would be examining the issue. The plenary agreed that this would be an appropriate step, noting that the working group was due to meet in early April.
Switzerland followed up on earlier discussions by WP15 and the RID Committee of Experts on its proposal to amend the wording of additional provisions CV36/CW36 to ensure the efficient venting of vehicles when carrying gases. Switzerland had also spoken to the European Industrial Gases Association (EIGA) and Liquid Gas Europe, which confirmed that its proposals were in line with guidance they provided to their members. Switzerland also noted that, in the 2017 texts of ADR and RID, provisions were introduced to prevent the risk of asphyxiation of drivers; it seemed sensible to have a similar requirement in CV36/CW36.
Bearing this in mind, the Joint Meeting agreed, and amended the second sentence of CV36 to read:
If this is not feasible and packages are carried in other closed vehicles or containers, gas exchange between the load compartment and the driver’s cab shall be prevented and the cargo doors of the vehicles or containers shall be marked with the following in letters not less than 25 mm high:
The same change is made to CW36, except that it refers to ‘closed wagons’ rather than ‘closed vehicles’.
Similarly, Switzerland proposed a change to special provision 653, which provides for the carriage of four asphyxiant gases in cylinders under specified conditions. This had been put forward to the UN TDG Sub-committee for inclusion in the Model Regulations, where discussions had revealed concerns about its limited coverage. In particular, while SP 653 refers to “provisions for construction and testing” of gas cylinders, it was felt that this should be extended to include the filling of the cylinders. Switzerland also reported on an incident, in which a gas cylinder that was constructed and tested in accordance with the requirements had nonetheless been improperly filled with carbon dioxide, resulting in a leak during transport that sent four passengers in a vehicle unconscious.
The Joint Meeting agreed that the proposal from Switzerland had merit and made the simple change to the first indent of SP 653 so that it will read “for construction, testing and filling”.
Spain reported that industry was finding the wording of 220.127.116.11 confusing; the last sentence reads: “The packagings for which the test is not required are mentioned under 18.104.22.168.” However, 22.214.171.124 relates to the design type test, while 126.96.36.199 refers specifically to the leakproofness test. Spain noted that other transport regulations do not have that sentence and its paper suggested that it may have referred to another provision that has subsequently been changed.
The Joint Meeting agreed with Spain’s argument and deleted that sentence.
The UK had identified that the new special provision 671, which applies to UN 3316 chemical kits and first aid kits, does not provide for the assignment of a transport category to those kits that contain only dangerous goods to which no packing group is assigned. This makes it impossible to complete the transport document. The UK proposed an amendment to SP 671, which the Joint Meeting found acceptable. A new paragraph is added at the end of SP 671, that for ADR reading:
Kits containing only dangerous goods to which no packing group is assigned shall be allocated to transport category 2 for completion of transport documents and the exemption related to quantities carried per transport unit (see 188.8.131.52).
The same special provision in RID refers at the end to “quantities carried per wagon or large container”. The Joint Meeting noted that the change is also applicable to ADN.
Romania continued with its campaign to rationalise the use of the terms ‘hazard’ and ‘risk’ throughout the transport regulations, putting forward a lengthy list of proposed changes together with a transitional provision to allow the use of instructions in writing prepared in accordance with the rules in effect up to the end of 2020 to be used until 30 June 2023.
The paper led to discussion of the need to maintain consistency with the UN Model Regulations and GHS but it was agreed that these terms should be investigated and, wherever possible, replaced. An informal working group will continue to assess the need for amendments.
The Secretariat noted an anomaly in the references to EN 12972 in 184.108.40.206.1 and 220.127.116.11. The Joint Meeting agreed these should be aligned and changes the reference in the table in 18.104.22.168 to refer to the 2018 edition rather than EN 12972:2007.
In an informal document, Germany referred to Section 7.1.7, which appeared in ADR and ADN in the 2019 edition and which lays out the obligations regarding the technical maintenance of cargo transport units under temperature control and brings together possible emergency procedures that had previously appeared elsewhere in the regulations. Germany’s quibble was that this does not assign those obligations to particular interests. The matter had been discussed by the ADN Safety Committee at its meeting in January, where a provisional assignment of obligations to the loader, consignor and carrier was made, based on Chapter 1.4 of ADN. Its paper suggested that similar assignment of obligations should be made in ADR.
There was some support for the proposal, though one delegate felt that it would be more appropriate to have less modal specific references so as to facilitate implementation. Germany will work with industry and other stakeholders to revise the proposal.
An informal document from the Netherlands addressed the requirement in 5.4.2 of RID/ADR/ADN for a container/vehicle packing certificate to be completed. This is a requirement under the International Maritime Dangerous Goods (IMDG) Code but, it contended, it seems unnecessary when no sea voyage is anticipated. The Netherlands was keen to hear the opinions of others. The Joint Meeting concurred with the Netherlands and invited it to prepare a formal proposal to delete the requirement.
The Secretariat of the Intergovernmental Organisation for International Carriage by Rail (OTIF) reported that it had received a number of enquiries concerning the interpretation of special provision 389, including in the context of ADR. SP 389 was included in RID/ADR/ADN to harmonise with the 20th revised edition of the UN Model Regulations and applies only to UN 3536 lithium batteries installed in cargo transport units. The UN Model Regulations requires such cargo transport units to display the UN number and be placarded on two opposing sides; in RID/ADR/ADN they are required to bear orange-coloured plates and placards on two opposing sides. This has raised some uncertainty and it was thought that some more specific provisions in RID and ADR would help matters.
After an exchange of views, and noting that carriage of articles under UN 3536 often involves a maritime leg followed by and/or preceded by land carriage, the Joint Meeting felt that the issue should be brought to the UN TDG Sub-committee; the OTIF Secretariat was invited to submit an official document.
Switzerland sought amendment of 22.214.171.124 to provide some clarification on the classification of articles according to the new UN entries 3537 to 3548. According to 126.96.36.199 it is possible to classify these articles either under the proper shipping name for the dangerous goods they contain or in accordance with section 2.1.5, with 188.8.131.52 specifying that 2.1.5 does not apply to articles for which a more specific shipping name already exists. The current Notes to 2.1.5 and special provision 301 do not, Switzerland argued, provide any clarity.
The Joint Meeting agreed with the Swiss paper. It was decided to delete the Note to SP 301 and amend the Note under 2.1.5 to read:
Articles which do not have a proper shipping name and which contain only dangerous goods within the permitted limited quantity amounts specified in Column (7a) of Table A of Chapter 3.2, UN No. 3363 and special provisions 301 and 672 of Chapter 3.3 may be applied.
Similarly, Switzerland felt that the text of SP 667 contains an inconsistency. This was applied to the new entries for dangerous goods in articles, although it was not its original intention, being applied originally to UN Nos 3166, 3177, 3528, 3529 and 3530. Switzerland felt it would be clearer if machinery subject to special provisions 363 and 666 were to be distinguished from UN 3537 to 3548.
Following discussion and an informal paper drawn up by Germany and Switzerland, the Joint Meeting agreed to amend the scope of application of SP 667, by removing the reference to ‘article’ or ‘articles’.
INFORMAL WORKING GROUPS
Spain reported on the progress being made by the informal working group on the reduction of the risk of a boiling liquid evaporating vapour explosion (BLEVE) during the transport of dangerous goods. The Joint Meeting took note of a presentation on the use of 3D aluminium alloys to protect tanks and receptacles filled with flammable liquids or gases from the risk of explosion. The developers of this technology were invited to share test results with the informal working group, which was due to meet again in Madrid in late October.
France reported on the work of the informal working group on telematics, which had reached a recommendation convert the previously agreed Memorandum of Understanding into Guidelines for the use of 184.108.40.206 of RID/ADR/ADN so as to facilitate their implementation. Those Guidelines were to be made available via the websites of UN ECE and the OTIF Secretariat.
Further work is needed on other documents and it was also noted that the EU is continuing to develop a regulation on electronic freight transport information. It may well be that, once the EU’s work is done, any guidelines developed by the informal working group may need to be reviewed. It was hoped that the group could finalise its guidelines by the end of 2019.
EIGA updated the meeting on progress towards mutual recognition of European and US pressure receptacles. It reminded the Joint Meeting that, at its previous session, an informal meeting took place to review text developed to allow both the import into Europe and export from Europe of gases in pressure receptacles constructed in accordance with the standards laid down by the US Department of Transportation (DOT).
EIGA’s paper contained proposals for a new 220.127.116.11 to specify the conditions under which DOT pressure receptacles could be imported and exported; it also noted that EIGA is continuing to work with DOT and the Compressed Gas Association (CGA), its US counterpart, to progress its petition for rulemaking to amend the US Hazardous Materials Regulations so as to allow European cylinders to enter the US. EIGA also noted that the multilateral special agreement M299, which allowed for the import of US cylinders, was due to expire on 1 June 2019; the UK had offered to draft a new agreement. [This subsequently appeared in April and, in the form of M318, has currently been countersigned by nine ADR states.]
The Joint Meeting was informed that the first meeting of the informal working group on the improvement of the accident report led by France was due to take place in The Hague on 19 and 20 June, immediately following the fifth meeting of the Expert Users and Development Group (EUDG). The representative of the EU Agency for Railways (ERA) indicated that the guides to facilitate the use of the harmonised technical framework for the Transport of Dangerous Goods for inland transport developed by the agency and the EC are available on ERA’s website.
The autumn 2019 Joint Meeting took place in Geneva this past 17 to 26 September; a report on that session will be included in HCB early in 2020.[post_title] => RID/ADR/ADN: On second thoughts [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => rid-adr-adn-on-second-thoughts [to_ping] => [pinged] => [post_modified] => 2019-10-21 09:13:48 [post_modified_gmt] => 2019-10-21 08:13:48 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.hcblive.com/?p=11731 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )
Implementation of some recent changes to ADR and RID has caused problems and raised the need for subsequent amendments to improve compliance