CANADIAN UP-DATE Dangerous Goods Symposium September 7 9, 2016 CHICAGO IL.

Transcription

1 CANADIAN UP-DATE 2016 Dangerous Goods Symposium September 7 9, 2016 CHICAGO IL.

2 Federal Election: October 2015 OUT

3 OOPS

4 IN

5 OVERVIEW: Regulatory Updates Future Regulatory Matters Protective Directions Updates on Standards

6 PART 8 REPORTING Canada Gazette, Part II June 1, 2016 Effective date: December 1, 2016 (Six month transition period) Introduced report requirements for: Road, Rail and Marine Air Security Application: Release or anticipated release of dangerous goods by road, rail or marine transport Release of anticipated release of dangerous goods by aircraft Undeclared or misdeclared dangerous goods offered for air transport Loss or theft of dangerous goods Unlawful Interference with dangerous goods

7 PART 8 - REPORTING EMERGENCY REPORT ROAD, RAIL or MARINE: Quantity based Required to report to any local authority that is responsible for responding to emergencies at the geographic location of the dangerous goods Packing Group or Class Category Quantity 1 II Any quantity 2 Not applicable Any quantity 3, 4, 5, 6.1 or 8 I or II Any quantity 3, 4, 5, 6.1 or 8 III 30 L or 30 kg 6.2 A or B Any quantity 7 Not applicable 9 II or III, or without packing group A level of ionizing radiation greater than the level established in section 39 of the "Packaging and Transport of Nuclear Substances Regulations, 2015" 30 L or 30 kg

8 AND...there is/has been: The death of a person A person sustained injuries requiring immediate medical attention by a health care provider The is an evacuation of people or their shelter in place The closure of A facility used in the loading or unloading of dangerous goods A road, main railway line or a main waterway A means of containment has been damaged to the extent that its integrity has been compromised The centre sill or stub sill of a tank car is broken or there is a crack in the metal equal to or greater than 15 cm (6 in.)

9 REPORT TO: CANUTEC CANUTEC or (613) The consignor of the dangerous goods In the case of dangerous goods included in Class 7, Radioactive Materials, the Canadian Nuclear Safety Commission In the case of a ship, a Vessel Traffic Services Centre or a Canadian Coast Guard radio station Specific Information to be included in the Emergency Report 30-Day Follow-up Report in writing to the Director General, Transportation of Dangerous Goods Directorate Retention of the Report for 2 years

10 AIR REPORTS: At an aerodrome, at an air cargo facility or aboard an aircraft Class Quantity 1, 2, 3, 4, 5, 6, 8 or 9 Any quantity 7 A level of ionizing radiation greater than the level established in section 39 of the "Packaging and Transport of Nuclear Substances Regulations, 2015" Death of a person Damage to property or the environment Signs that the integrity of a means of containment has been compromised Serious jeopardy to persons on the aircraft or the aircraft An evacuation of people or their shelter in place The closure of an aerodrome, air cargo facility or runway Specific Information to be provided and a 30-Day written follow-up report to DG.

11 UNDECLARED/MISDECLARED - Air 8.14 A person must make a report to CANUTEC, at CANUTEC ( ) or , as soon as possible after discovering, at an aerodrome or air cargo facility or on board an aircraft, dangerous goods that are not accompanied by the documentation or dangerous goods safety marks set out for the dangerous goods in Parts 1 to 6 and 8 of the ICAO Technical Instructions. Specific Information to be included on the report NO 30-Day follow-up report is required

12 SECURITY REPORTS: LOSS or THEFT of: Any quantity of specific materials that are / could be used as precursors such as UREA NITRATE, WETTED, POTASSIUM CHLORATE, AMMONIUM NITRATE etc. Any quantity of Class 1.1, 1.2 or 1.3 Explosives Toxic Gases included in Class 2.3 Organic Peroxides included in Class 5.2, Type B, liquid or solid, temperature controlled Toxic Substances included in Class 6.1, PG I Infectious Substances included in Class 6.2 Radioactive Materials included in Class 7

13 A total quantity of more than 450 kg of: Explosives in Class 1.4 (except 1,4S) or 1.5 or 1.6 Flammable gases of Class 2.1 Flammable liquids in Class 3 Desensitized explosives of Class 3 or 4 Substances liable to spontaneous combustion, pyrophoric solids or liquids, included in Class 4.2, PG I or II Water-reactive substances included in Class 4.3, PG I or II Oxidizing substances included in Class 5.1, PG I or II Corrosives included in Class 8, PG I or II Report to be made to CANUTEC, NRCan (Explosives) CNSC (Radioactive Materials)

14 UNLAWFUL INTERFERENCE: 8.18 If there has been unlawful interference with dangerous goods while they are being imported, offered for transport, handled or transported, the person who has the charge, management or control of the goods must, as soon as possible after the discovery of the unlawful interference, report it by telephone to... CANUTEC Natural Resources Canada (Explosives) Canadian Nuclear Safety Commission (Radioactive Materials)

15 PART 7 ERAP s Emergency Response Task Force established post-lac Megantic 33 Recommendations to-date with 40 expected in the final report in the Spring of 2016 Next Steps: An implementation action plan will be developed by Transport Canada and made public within three months of the publication of the final ERTF report Web-based consultations on proposed path forward and potential amendments are planned for Fall 2016 Winter 2017 Publication of proposed amendments in Canada Gazette, Part I for public consultation targeted for Fall 2017

16 PART 6 TRAINING REQUIREMENTS Intent is to further ensure that those who handle, offer for transport or transport/import dangerous goods are effectively trained so they can conduct these activities safely To clarify the meaning of adequately trained To provide a framework for training requirements: Standardized curricula or testing Trainer and/or institution certification Competency-based training are all being considered Over 100 consultations with key stakeholders undertaken between Feb and April of 2016 and 35 bilateral discussions with interested parties in April/May Larger entities with in-house training want to retain independence Smaller entities are adverse to over training that isn t specific to their needs (such as hospitals and universities) Trainers are supportive of accreditation/certification Proposed publication in Canada Gazette, Part I targeted for Fall 2017

17 PART 12 - AIR Domestic air provisions have not been updated since 2001 Intent is to simplify/clarify provisions with less reference to ICAO Clarify the definition of limited access Eliminate multiple, duplicate equivalency certificates by incorporating conditions into the regulations (bear-bangers, propane)perhaps lithium batteries? Revise scope, authorizations and requirements for aerial work 23 stakeholder comments received in preliminary consultations Feb to April Broader consultations are planned for Fall 2016/Winter 2017 Targeted publication of proposed amendment in Canada Gazette, Part I early 2018

18 TDG REGULATIONS: Planned Editorial amendments to coincide with earlier changes to the Act and reorganization of several Parts, based on comments received from stakeholders and to conform with Department of Justice requirements for federal legislation Major revisions to: Part 1 - Special Cases Part 2 Classification and Special Provisions Part 5 Means of Containment Parts 3 and 4 Documentation and Dangerous Goods Safety Marks Publication of proposed amendments in Canada Gazette, Part I targeted for Summer 2017

19 PART 11 - MARINE Domestic Marine provisions have not been revised since 2001 Align TDG terms and definitions with Canada Shipping Act, Cargo, Fumigation and Tackle Regulations and other marine-specific regulations such as the distance for short run ferry TDG: 3 km CFTR: 5 km Look at restrictions place on the carriage of gasoline/propane on passenger ferries Proposed amendments targeted for publication in Canada Gazette, Part 1 Fall 2016

20 INTERNATIONAL HARMONIZATION Intent to introduce ambulatory (dynamic) references for UN Recommendations, IMDG Code, ICAO Technical Instructions, ICAO Supplement, UN Manual of Tests and Criteria to eliminate need for Order in Council Formally recognize U.S. regulatory regime for pressure receptacles and approvals Regulatory Cooperation Council (RCC) between PHMSA (DOT) and TC Allow pressure receptacles (cylinders, tubes, spheres) that meet U.S. DOT specs to be filled in Canada Allow DG s to be transported through or into Canada (first destination) by road and rail under provisions of Special Permits Allow one-time movement approvals issued by U.S. to be used in Canada to move damaged tanks cars from the United States into Canada

21 PROTECTIVE DIRECTIONS Issued under Section 32 of the Transportation of Dangerous Goods Act (TDGA) Used when it is necessary to deal with an emergency that involves danger to public safety that cannot be effectively dealt with under any other provision of the Act Where an activity must be ceased or require certain activities in order to reduce danger to public safety Take effect on the day the Minister or a designate signs it, or at a date set out in the protective direction; and remains in effect until it is cancelled in writing, or expires on the expiry date set out in it.

22 PROTECTIVE DIRECTION 35 Issued to Canadian air operators - effective April 1, 2016 Prohibition on the transport of Lithium Ion Batteries as cargo on passenger aircraft and introduced the restrictions adopted by ICAO for batteries prepared under Packing Instructions 965 and 968 of the TI s (i.e. 30% state of charge, 1 package per consignment...) PROTECTIVE DIRECTION 36 Issued to Class 1 railway companies and anyone who transports dangerous goods by rail effective April 28, 2016 (replaces PD 32) Enhanced maximum DG volumes, frequency and data reporting requirements

23 PROTECTIVE DIRECTION 37 Requires all retrofitted TC/DOT-111 tanks cars to have top-fitting protection with specifications matching new U.S. requirements Effective June 6, 2016 PROTECTIVE DIRECTION 38 Accelerates the phase-out of both jacketed and unjacketed DOT-111 tank cars from being used for crude oil service in Canada as of November 1, Prior to PD 38: Unjacketed phase-out was May 1/17 Jacketed phase-out was March 1/18 Why? TSB identified an need to accelerate the tank cars for safety reasons and a strong public demand to accelerate retrofit timelines given the large volumes of crude oil being transported nationally by rail.

24 STANDARDS: CGSB Aerosol Containers and Gas Cartridges Anticipated publication by October 2016 TRANSPORT CANADA STANDARDS: TP Small Containers for Transport of Dangerous Goods in Classes 3, 4, 5, 6.1, 8 and 9 Anticipated publication by 2017 TP Containers for Transport of Dangerous Goods by Rail Anticipated publication by 2017

25 QUESTIONS? David R. Evans EVANS DANGEROUS GOODS CONSULTING PO Box 400, Fergus, Ontario, Canada N1M 3K2 (226)