Regulatory Updates for 2018: Q3 What You Should Know

Transcription

1 Regulatory Updates for 2018: Q3 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 Q3 1

2 Webinar Controls Agenda Transport Canada and TDG 49 CFR International regulations WHMIS 4 Regulatory Updates for 2018 Q3 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 Q3 3

4 Recent Amendments Last was Marine Amendments December 13, 2017 Harmonized with Canada Shipping Act 2001, Cargo, Fumigation and Tackle Regulations (CFTR) and Vessel Certificates Regulations (VCR) Established 5 km limit for short-run ferries Eliminated terms regarding Home-trade voyages Updated some ICAO references to current standards, e.g. new UN numbers for engines FAQs on TC website updated to reflect new 7 Compressed Gas Standards Updated Standards to come into effect December 31, 2018 CSA B339 Cylinders, spheres, and tubes for the transportation of dangerous goods CSA B340 Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2 CSA B341 "UN pressure receptacles and multiple element gas containers for the transport of dangerous goods CSA B342 "Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2 See 8 Regulatory Updates for 2018 Q3 4

5 Current Amendments in Progress 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 Returning to CGSB control Comment period closed on CGSB , Packaging, Handling, Offering for Transport and Transport of Explosives (Class 1) 9 Proposed Changes TP14850 Proposed changes include Alignment with the 20th edition of UN Recommendations Introduction of new definitions and updated packing instructions Retesting for sample at interval of no more than five years Incorporate a conditional exemption for use of plastic drums and jerricans past 60 months Clarify the for transporting dangerous goods waste Introduction of a Dynamic compression testing option for the five year periodic retest of a representative sample of a container Introduction of a special case for liquid dangerous goods transported in a Mobile Process Unit 10 Regulatory Updates for 2018 Q3 5

6 Proposed ERAP Amendment Consulting period closed August 29 th Goals Clarify ERAP Enhance ER preparedness/response Reduce regulatory burden Housekeeping changes 11 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 12 Regulatory Updates for 2018 Q3 6

7 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 13 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 14 Regulatory Updates for 2018 Q3 7

8 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 More info at: PHMSA and 49 CFR This Photo by Unknown Author is licensed under CC BY-SA 16 Regulatory Updates for 2018 Q3 8

9 PHMSA What s Up? General slowdown on amendments to 49 CFR Request for information on safety issues of transporting hazardous materials in an automated vehicle environment 17 Proposed Amendments HM-219A Response to Petitions from Industry to Modify, Clarify, or Eliminate Regulations HM-219B Response to Industry Petition to Reduce Regulatory Burden for Cylinder Requalification Requirements HM-259 Notification of Pilot-In-Command and Response to Air-Related Petitions for Rulemaking 18 Regulatory Updates for 2018 Q3 9

10 Proposed Amendments HM-224I: Enhanced Safety Provisions for Lithium Batteries by Aircraft HM-218H Miscellaneous Amendments HM-215O International Harmonization HM-209A Revisions to Hazardous Materials Grants Requirements 19 International Developments This Photo by Unknown Author is licensed under CC BY-NC-ND 20 Regulatory Updates for 2018 Q3 10

11 What s the UN Working On? Preparations for new edition for : Category A Infectious waste Classification and packaging Pyrophoric gases Classification criteria and N.O.S. entries Default fireworks classification table Articles, pyrotechnic UN What s the UN Working On? Dual marking of packagings More than one successfully tested design type E.g. single packaging tested for both solids and liquids Scope of the Model Regulations How to deal with dangerous goods that are not traditional shipments e.g. data loggers 22 Regulatory Updates for 2018 Q3 11

12 What s the UN Working On? Harmonizing between GHS/Manual of Tests and Criteria Addressing storage, use as well as transportation Amending Chapter 2.1 of the GHS to categorize explosives Fibre-reinforced plastic portable tanks UN technical standard Lithium cell and battery classification Comprehensive hazard based system 23 ICAO and IATA 24 Regulatory Updates for 2018 Q3 12

13 60 th Edition List of IATA Changes ICAO and IATA 2019 to be out this fall Will align with UN Model Regulations Available at nts/dgr-60-en-significant-changes.pdf 25 New Articles Containing DGs Revised system for Articles containing dangerous goods, n.o.s. where quantity of dangerous goods exceeds current limit Classification will reflect class(es) of dangerous goods Will require approval from State of Origin and State of Operator 26 Regulatory Updates for 2018 Q3 13

14 Changes to List of DGs Entries for articles containing dangerous goods No more packing groups for Chemical kits and First aid kits New entry, ID8001, Disilane New entry, UN 3535, Toxic solid, flammable, inorganic, n.o.s. New entry, UN 3536, Lithium batteries installed in cargo transport unit 27 Special Provision Updates A21, A134, A203 and A207 replaced by A214 A213 hybrid lithium batteries must be assigned to UN 3090 or UN 3091 and Section II limits A334 conditions that apply to lithium batteries shipped under approval per Special provision A201 A806 How to determine subsidiary hazard(s) for articles containing dangerous goods, n.o.s. A807 Identifies that the assigned entry must not be used for disilane or other pyrophoric gases. 28 Regulatory Updates for 2018 Q3 14

15 Packing Instructions PI361/PI364 Restrictions on UN1308 PI 459 Packing provisions for small energetic samples PI 620 and PI 650 Conditions for pressure differential test and temperature ranges have been separated to be stand-alone PI 958 Changes have been made to introduce the use of combination packagings, in addition to single packagings PI 966 and PI 969 Clarification has been introduced into these packing instructions on the number of spare cells or batteries that may be in a package with equipment 29 Hazard Communication 2 mm line on class labels requirement removed Clarification on lithium battery Class 9 labels re text On SDS, replace risk with hazard and removed reference to job title and place of signing 30 Regulatory Updates for 2018 Q3 15

16 Competency-Based Training Will be adopted 1 January 2021 with a 2-year transition period Appendix H will provide extensive guidance material 31 Lithium Batteries Special Provision A201 allows small lithium batteries to be shipped on a passenger aircraft under approval from authority of State of Origin, State of Destination and State of Operator New entry, UN 3536, Lithium batteries installed in cargo transport unit Handling and segregation revisions 32 Regulatory Updates for 2018 Q3 16

17 IMDG Code Updates 33 Updates for Amendment Can still use Edition until end of 2019 Changes Overhaul corrosives classification Add new entries corresponding to UN Modal Regulations Cargo Transport Units under Temperature Control Revision of provisions for vehicles Lithium batteries installed in cargo transport unit Changes in way segregation information is given 34 Regulatory Updates for 2018 Q3 17

18 WHMIS Updates 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 36 Regulatory Updates for 2018 Q3 18

19 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 Harmonization Amendment Expected to include: Changes to SDS list of physical properties Changes to classification for gas classification consistent with rev. 7 Flammable aerosol class changed to Aerosols with Category 3 for non-flammable aerosols Revised label statements for Water-Activated Toxicants (WAT) 38 Regulatory Updates for 2018 Q3 19

20 Significant New Data (SND) Section 5.12: Significant New Data (SND) Proposed amendment: Adjust the wording to clarify that, in situations where a written document providing the SND is required, the written document does not need to actually provide the SND, but rather, it must provide the changes to the SDS and label that result from the SND. 39 Amendment for WATs HPR hazard class and category/subcategory: Substances & mixtures that, as sold or imported, meet the criteria for Acute Toxicity-Inhalation and also, upon contact with water, release a toxic gas [(Water Activated Toxicity (WAT)] Proposed amendment: Modify subsection 8.1.1(2) to specify that classification is based on the toxicity of the substance or mixture as sold or imported, not the WAT hazard. As per the current HPR, a supplemental hazard statement that communicates the WAT hazard is required on the label and SDS and this supplemental hazard statement would continue to be required. 40 Regulatory Updates for 2018 Q3 20

21 Industry Proposals Harmonization of Trade Secret Provisions Considered to be unfair burden on Canadian suppliers compared to U.S. ones Eliminate fees for HMIRC approvals? Or eliminate HMIRA? 41 Regulatory Updates for 2018 Q3 21

22 Questions? Comments? Regulatory Updates for 2018 Q3 22