Regulatory Updates for 2018: Q4 What You Should Know

Transcription

1 Regulatory Updates for 2018: Q4 What You Should Know What You Should Know ICC A Total Solution Provider Transport Solutions Classification Packaging, including SecurePack V boxes Marking and Labeling Documentation Placarding Training Hazcom Solutions Classification SDS Labels Training Regulatory Updates for 2018 Q4 1

2 Webinar Controls Agenda Transport Canada and TDG 49 CFR International regulations WHMIS 4 Regulatory Updates for 2018 Q4 2

3 What s Driving Changes? Transportation of Dangerous Goods UN Recommendations (Orange Book) 21 th Edition will apply WHMIS/OSHA UN Globally Harmonized System (Purple Book) Canada based on 5 th Edition, US on 3 rd Canadian industry wants to be on equal footing with US suppliers 5 Transport Canada and TDG 6 Regulatory Updates for 2018 Q4 3

4 Protective Direction 39 Protective Direction accelerates phase-out timeline for unjacketed CPC 1232 tank cars in crude oil service to November 1, 2018, and DOT 111 and unjacketed CPC 1232 tank cars in condensate service to January 1, 2019 Issued August 28, 2018 Update of timeline for Protective Direction 38 7 Timeframe of Phase-Out Commodity Tank car type removed from service Last day to use tank cars specified in column 2 in service for commodity in Column 1 Before coming into force of Protective Direction 39 After coming into force of Protective Direction 39 DOT-111 Non-jacketed October 31, 2016 Tank cars already removed from service Crude oil DOT-111 Jacketed October 31, 2016 Tank cars already removed from service CPC-1232 Non-jacketed March 31, 2020 October 31, 2018 DOT-111 Non-jacketed April 30, 2025 December 31, 2018 Condensates DOT-111 Jacketed April 30, 2025 December 31, 2018 CPC-1232 Non-jacketed April 30, 2025 December 31, Regulatory Updates for 2018 Q4 4

5 Draft of CSA B Day Consultation period for updates to CSA B625, "Portable tanks for the transport of dangerous goods ends December 11, 2018 Proposed changes include: Alignment with 20th Ed. UN Recommendations Revised Quality Manual to allow for harmonized documentation with CSA B620 Restructuring of registration to simplify the number of registration types; and Limit the pressure vessel code acceptability of foreign-approved tanks to ASME Section VIII, Division 1 or 2 Obtainable at 9 Proposed ERAP Amendment Gazette I consulting period closed August 29 th Goals Clarify ERAP Enhance ER preparedness/response Reduce regulatory burden Housekeeping changes 10 Regulatory Updates for 2018 Q4 5

6 Clarification of ERAPs Initial notification through ERAP report Process to implement ERAP Tiered response levels information only vs site response team Requirement to report to Transport Canada that a plan had been implemented 11 Enhancing ERAP Response More detailed ERAP application Alignment with TDG Act regarding who must have an ERAP Approximately 100 more stakeholders will likely need one 12 Regulatory Updates for 2018 Q4 6

7 Regulatory Burden/Housekeeping Simplification of who can use an ERAP (e.g. when multiple parties are involved) Infectious substances requirement would apply to all Risk Group 4, not just listed pathogens Implementation to be used exclusively (not activate ) ERP acronym removed 13 Packaging Developments End of comment period on updates to safety standard CGSB , "Packaging, Handling, Offering for Transport and Transport of Explosives (Class 1) Updated list of explosives and packing instructions to align with the 20th edition of the UN Recommendations Updated references to other dangerous goods container standards Added packing instructions for UN large packaging Added domestic packing instruction for jet perforating guns Improved usability by reorganizing the standard and incorporating updated regulatory For copy of draft, please Robert Long at robert.long@tpsgcpwgsc.gc.ca. 14 Regulatory Updates for 2018 Q4 7

8 Packaging Developments Safety Standard changes TP Standard: Small Containers for Transportation of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9 Updates nearing completion Returning to CGSB control TP14877, Containers for Transport of Dangerous Goods by Rail Completed in January 2018 Returning to CGSB control 15 TDG Client Identification Database Intended to get a picture of who is transporting dangerous goods in Canada, as well as where, when and how Will require businesses involved in transport of dangerous goods to register with Transport Canada 16 Regulatory Updates for 2018 Q4 8

9 TDG Client Identification Database Required to register: anyone who imports, offers for transport, handles or transports dangerous goods Not required to register: people exempt under section of TDG. This includes situations such as: Transporting dangerous goods for personal use (includes BBQ propane tanks) Dangerous goods as part of a medical device or for emergency response purposes In direct support of farming activities with limited exposure to public areas Under the direction or control of a Minister (for example, of National Defence) 17 TDG Client Identification Database Required information will include: Stakeholder identification: Name, address, primary business and province(s) of operation Designated contact person and alternate Phone number and address TDG-specific activities: Shipping descriptions of top dangerous goods shipped (based on measurements like frequency, volume and/or quantity) Annual quantities and volumes Shipment frequency 18 Regulatory Updates for 2018 Q4 9

10 TDG Client Identification Database How will the CID be implemented? Both TDG Act and Regulations will require amendments Online registration platform will be used Goal is to have in place by PHMSA and 49 CFR This Photo by Unknown Author is licensed under CC BY-SA 20 Regulatory Updates for 2018 Q4 10

11 PHMSA What s Up? FR Revision to civil penalties FR HM-219, Miscellaneous responses to petitions to modify, clarify or eliminate regulations NPRM HM-215O Updating 49 CFR for the new UN model changes 21 Increase to Civil Penalties Maximum civil penalties will undergo normal COL increase, approximately 1.02% This Photo by Unknown Author is licensed under CC BY-NC 22 Regulatory Updates for 2018 Q4 11

12 NPRM HM-215O Designed to align with international regulations (e.g. UN Recommendations, ICAO Technical Instructions, IMDG Code) Also to harmonize where possible with 7th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Comments on NPRM to be received by January 28, HM-215O Proposed Changes Updated references to current international regulations Incorporation by reference of Canada s TP14877 Hazardous Materials Table updated to 20 th Edition of UN Recommendations New shipping names for articles containing dangerous goods exceeding limited quantity amounts 24 Regulatory Updates for 2018 Q4 12

13 HM-215O Proposed Changes Line size requirement for class labels will be removed 25 HM-215O Proposed Changes Changes to classification procedure for Class 8 Corrosives Definition changes to irreversible damage from full thickness destruction Ability to use calculation if testing data not available 26 Regulatory Updates for 2018 Q4 13

14 27 HM-215O Proposed Changes Materials of Trade clarification Size limits set if no packing group Ability to use non-listed means to secure packages during transport 28 Regulatory Updates for 2018 Q4 14

15 HM-215O Proposed Changes Lithium battery have multiple changes/ clarifications, including: Manufacturers must make signed battery test summary available for inspection Provisions for luggage containing lithium batteries Segregation of lithium batteries from other hazardous materials Clarification of shipping name for batteries removed from vehicle and shipped in same packaging 29 ICAO and IATA 30 Regulatory Updates for 2018 Q4 15

16 60 th Edition List of IATA Changes ICAO and IATA 2019 published Take effect January 1, 2019 Change summary for IATA available at GR-60-EN-significant-changes.pdf 31 IMDG Code Updates 32 Regulatory Updates for 2018 Q4 16

17 New Edition Amendment MAY start to be used January 1, 2019 MUST be used January 1, 2020 New Supplement as well 33 Updates for Amendment Can still use Edition until end of 2019 Basic changes Word risk replaced with hazard Clarification in that only the more applicable shipping name should be used when there are several under one UN number Updates to some packing instructions in chapter 4.2 New IMO type 9 tank added for transport of compressed gases of class 2 Chapter 5.3 covers bulk containers 34 Regulatory Updates for 2018 Q4 17

18 Classification/Dangerous Goods List Class 8 Corrosive classification changed to match UN model regulations Similar to US changes proposed in HM-215O Entries added for articles containing dangerous goods, not otherwise specified and above limited quantity amounts Entry added for TOXIC SOLID, FLAMMABLE, INORGANIC, N.O.S. 35 Segregation Segregation groups in now assigned SGG codes Will be listed where appropriate in column 16b in Dangerous Goods List Three new segregation codes: SG76 segregation as for Class 7 SG77 segregation as for Class 8 (not needed if in relation to Class 7) SG78 stow separated longitudinally by an intervening complete compartment or hold from Division 1.1, 1.2, and Regulatory Updates for 2018 Q4 18

19 Chapter 7 Changes Table added in on segregation exemptions for organic peroxides UN 3101 to 3120 with sub-risks that clash with other organic peroxides Section updated to reflect the new segregation group codes Section on temperature-controlled shipments revised to match UN model regulations 37 Lithium Batteries New Lithium Battery Handling Mark and Class 9 Lithium Battery Label mandatory once becomes mandatory Classification revisions for hybrid lithium batteries containing both lithium metal and lithium ion cells Entry added for LITHIUM BATTERIES INSTALLED IN CARGO TRANSPORT UNIT Revisions to SP376 for damaged or defective lithium batteries 38 Regulatory Updates for 2018 Q4 19

20 Miscellaneous Changes EmS guide updated and revised to reflect new assignments in column 15 of the DGL New Supplement available 39 WHMIS Updates Regulatory Updates for 2018 Q4 20

21 New WHMIS Deadlines Phases Phase 1 Phase 2 Timing From coming-intoforce to May 31, 2018 From June 1, 2018 to August 31, 2018 Manufacturers and Importers Comply with CPR or HPR Comply with HPR Suppliers Distributors Comply with CPR or HPR Comply with CPR or HPR Employers Comply with CPR or HPR Comply with CPR or HPR Phase 3 From September 1, 2018 to November 30, 2018 Comply with HPR Comply with HPR Comply with CPR or HPR Completion December 1, 2018 Comply with HPR Comply with HPR Comply with HPR 41 In the Wings GHS Harmonization Amendment Planned amendment to harmonize with Purple Book rev. 7 Also changes for clarity and to make corrections Publication aimed at winter 2018 Gazette I, then public comment period Gazette II final version expected in Regulatory Updates for 2018 Q4 21

22 43 Questions? Comments? Contact us: X 239 bfoster@thecompliancecenter.com This Photo by Unknown Author is licensed under CC BY-SA Regulatory Updates for 2018 Q4 22