The New TDGA Regulation

Transcription

1 The New TDGA Regulation Classification of Hazardous Waste Mixtures in Educational Environments Group: CEHSO Presenter: Patrick Whitty RPR Environmental Inc. June 9, 2015

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4 THE ACCIDENT On the evening of July 5, 2013, at about 10:50 p.m., a Montreal, Maine & Atlantic Railway (MMA) train arrived at Nantes, Quebec, carrying 7.7 million litres of petroleum crude oil in 72 Class 111 tank cars. Originating in New Town, North Dakota, these were bound for Saint John, New Brunswick. In keeping with the railway's practice, after arriving in Nantes, the locomotive engineer (engineer) parked the train on a descending grade on the main track. A replacement engineer was scheduled to continue the trip east in the morning. The engineer applied hand brakes on all five locomotives and two other cars, and shut down all but the lead locomotive. Railway rules require hand brakes alone be capable of holding a train, and this must be verified by a test. That night, however, the locomotive air brakes were left on during the test, meaning the train was being held by a combination of hand brakes and air brakes. This gave the false impression that the hand brakes alone would hold the train. Shortly after the engineer left, the Nantes Fire Department responded to a 911 call reporting a fire on the train. After shutting off the locomotive's fuel supply, the firefighters moved the electrical breakers inside the cab to the off position, in keeping with railway instructions. They then met with an MMA employee, a track foreman who had been dispatched to the scene but who did not have a locomotive operations background. Once the fire was extinguished, the firefighters and the track foreman discussed the train's condition with the rail traffic controller in Farnham, and departed soon afterward. With all the locomotives shut down, the air compressor no longer supplied air to the air brake system. As air leaked from the brake system, the main air reservoirs were slowly depleted, gradually reducing the effectiveness of the locomotive air brakes. Just before 1 a.m., the air pressure had dropped to a point at which the combination of locomotive air brakes and hand brakes could no longer hold the train, and it began to roll downhill toward Lac-Mégantic, just over seven miles away. As it moved down the grade, the train picked up speed, reaching a top speed of 65 mph. It derailed near the centre of the town at about 1:15 a.m.

5 AFTERMATH AND EMERGENCY RESPONSE Almost all of the 63 derailed tank cars were damaged, and many had large breaches. About six million litres of petroleum crude oil was quickly released. The fire began almost immediately, and the ensuing blaze and explosions left 47 people dead. Another 2000 people were forced from their homes, and much of the downtown core was destroyed. The pileup of tank cars, combined with the large volume of burning petroleum crude oil, made the firefighters' job extremely difficult. Despite the challenges of a large emergency, the response was well coordinated, and the fire departments effectively protected the site and ensured public safety after the derailment.

6 WHY IMPLEMENT 2.2.1? The petroleum crude oil in the tank cars was more volatile than described on the shipping documents. If petroleum crude oil is not tested systematically and frequently, there is a risk of it being improperly classified. The movement of these improperly classified goods increases the risk to people, property, and the environment. HOW DOES THIS CHANGE YOUR WORKPLACE? Requires that research wastes mixtures are properly and accurately classified Maintain waste classification records on site for 5 years Classification must be completed by a trained, competent, person ERAP may be required CHANGE IN CULTURE!

7 TDGA Requirement for an Emergency Response Assistance Plan (ERAP)

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10 Impact of Improperly Classified and Packaged Waste

11 CLASSIFICATION OF HAZARDOUS WASTE Who s liable under Tort Law?

12 SITUATION: In the Absence of Proof of Classification SOR/ A US furniture manufacturer generates waste, including lacquer dust, which is classified as a flammable solid. It hires an experienced waste disposal agent to pack the waste into barrels and ship it to Alberta through a knowledgeable Canadian waste broker. The barrels containing lacquer dust are marked flammable solid. The broker delivers the waste, which it describes as non-hazardous and non-regulated, to an incinerator facility owned by one party and run by an operator. The broker also gives the facility, which isn t licensed to handle hazardous waste, waiver forms indicating it s familiar with the waste s materials and that the waste complies with all relevant laws. But it doesn t give the facility waste profile sheets provided by the manufacturer. As per site policy, the facility inspects the load and asks the broker questions about tests on it. The broker says the material is suitable for incineration at the facility (neither the facility s contract nor the law required the waste to be tested). When the first shipment of waste is loaded into the hopper a fire breaks out that causes extensive damage to the facility. An investigation concludes that the fire was caused by the ignition of the lacquer dust in the furniture waste. The facility owner sues the waste broker and the facility operator. The operator in turn sues the furniture manufacturer.

13 QUESTION: Who s liable for the damage caused by the fire? Assume that the shipment was properly classified. Hint: Who was the most knowledgeable about the waste? A) The furniture manufacturer B) The facility operator C) The waste broker(s) (SC, ON, AB) D) The certified lab E) All of the above F) None of the above

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17 Transport Canada Transportation of Dangerous Goods Act Part 2 - Classification

18 TDGA Proof of Classification It is the consignor s responsibility to ensure proper classification of all dangerous goods material that is being shipped. (SOR/ ) If the material is listed or meets the criteria of (at least one) of the 9 classes under TDGA the material is considered to be a dangerous good. If a carrier is to notice or has reasonable grounds to believe that there has been an error in classification of a dangerous good; they must stop the transportation and notify the consignor immediately. It is the responsibility of the consignor to investigate and verify the correct classification of the material. (SOR/ )

19 TDGA -2.2 Responsibility for Classification (1) Before allowing a carrier to take possession of dangerous goods for transport, the consignor must determine the classification of the dangerous goods in accordance with this Part. The consignor is responsible for determining the classification of dangerous goods. This activity is normally done by, or in consultation with, a person who understands the nature of the dangerous goods such as a manufacturer, a person who formulates, blends or otherwise prepares mixtures or solutions of goods or, in the case of infectious substances, a doctor, scientist, veterinarian, epidemiologist, genetic engineer, microbiologist, pathologist, nurse, coroner or laboratory technologist or technician. However, proof of classification must also include a test result; laboratory testing; and/or a document detailing how a dangerous good has been classified.

20 CODE OF FEDERAL REGULATIONS - 49 CFR Shipper's certification Shipper's certification.(a) General. Except as provided in paragraphs (b) and (c) of this section, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with this subchapter by printing (manually or mechanically) on the shipping paper containing the required shipping description the certification contained in paragraph (a)(1) of this section or the certification (declaration) containing the language contained in paragraph (a)(2) of this section. For transportation by rail only, the certification may be received verbally or with an electronic signature in conformance with paragraphs (a)(3)(i) and (a)(3)(ii) of this section. (1) This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation. Note: In line one of the certification the words herein-named may be substituted for the words above-named. (2) I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labelled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations.

21 TDGA Documents (SOR/ ) Documents to support proof of classification must include: Date of Classification when was it classified Technical Name of Dangerous Good what is the dangerous good Classification of Dangerous Good the determined waste class code Classification Methods how did you determine the waste class

22 TDGA Classifying a Mixture or Solution A mixture or solution of substances that are not dangerous goods and one substance that is dangerous goods and that is listed by name in Schedule 1 has the classification shown for the dangerous goods in that Schedule if the mixture or solution is still dangerous goods in accordance with paragraph 2.1(a) and the mixture or solution is not identified specifically by name in Schedule 1. However, if the classification for the dangerous goods does not precisely describe the mixture or solution but the mixture or solution meets the criteria in this Part for inclusion in at least one of the 9 classes of dangerous goods, then sections 2.4 and 2.5 must be used to determine its classification.

23 TDGA Classifying Substances That Are Included in Only One Class and One Packing Group If, in accordance with the criteria and tests in this Part, a substance is included in only one class and one packing group, the substance is dangerous goods and the shipping name in column 2 of Schedule 1 that most precisely describes the dangerous goods and that is most consistent with the class and the packing group determined by the criteria and tests must be selected as the shipping name. That shipping name and the corresponding data for that shipping name in columns 1, 3 and 4 of Schedule 1 must be used as the classification of the dangerous goods.

24 TDGA Classifying Substances That Are Included in More Than One Class or Packing Group The word "potential" is used in paragraphs (a), (b) and (c) of this section because the final subsidiary class or classes and the final packing group are determined in accordance with paragraph (d). If, in accordance with the criteria and tests in this Part, a substance meets the criteria for inclusion in more than one class or packing group, the substance is dangerous goods and its classification is determined in the following manner: (a) the classes in which the dangerous goods are included are ranked in order of precedence in accordance with section 2.8 to determine the primary class and the potential subsidiary class or classes; (b) the potential packing group is the one with the lowest roman numeral; (c) the shipping name in column 2 of Schedule 1 that most precisely describes the dangerous goods and for which the corresponding data in columns 1, 3 and 4 are the most consistent with the primary class, the potential subsidiary class or classes and the potential packing group is selected; and SOR/ (d) the shipping name and the corresponding data in columns 1, 3 and 4 of Schedule 1 are used as the classification of the dangerous goods.

25 Proof of Classification Under Transportation of Dangerous Goods: Chemical Fingerprinting can be used to determine appropriate shipping name of a dangerous/ hazardous chemical which is not specifically listed by name in the TDGA Guide Book. Also in most cases of a waste mixture TDGA shipping information may be altered in a mixture or once a product has been spent during certain waste generating processes. The most accurate way of correctly classifying hazardous material for the purpose of transportation is by determining what class or classes under TDGA apply to the waste and/ or waste mixtures.

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27 Who is Responsible for Proper and Accurate Characterization of Waste?

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29 Generator Details address, registration number and contact information. Waste Characterization Technical Name & Classification of Dangerous Goods as it applies to TDGA Shipping Information and MOE waste class code under Reg. 347/558 Composition of Waste what chemicals/compounds are present

30 What method was used to determine the waste class code? Waste characterization. Is this a Listed Waste or Characteristic Waste? How do the Physical Properties help determine the class code? Is this waste Reactive? What Hazardous Characteristics are present? Supporting Documentation. Analysis, samples, LEP, TCLP, MSDS

31 Technical Name of Dangerous Goods MOE Class Code, TGDA Shipping Name, UN Number Primary and Subsidiary Hazard Class and the Generating Process. Composition of Waste Are there listed chemicals that may effect the classification? What exactly is the material comprised of?

32 What is the PH? Is this material Corrosive? What is the Flash Point? Is this material Ignitable? Is this waste Reactive? Does it react with water or air. Is it shock sensitive? Refer to next slide with flow chart for selecting correct MOE Codes *****

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