Vol. 145, No. 6 — March 16, 2011
SOR/2011-60 March 3, 2011
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
ARCHIVED — Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 9)
P.C. 2011-267 March 3, 2011
Whereas, pursuant to subsection 30(1) (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 9), substantially in the annexed form, was published in the Canada Gazette, Part I, on April 10, 2010 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 27 (see footnote c) and 27.1 (see footnote d) of the Transportation of Dangerous Goods Act, 1992 (see footnote e), hereby makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 9).
REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (AMENDMENT 9)
1. The portion of items 10, 12, 22 and 34 of the table to section 1.3.1 of the Transportation of Dangerous Goods Regulations (see footnote 1) in column 2 is replaced by the following:
Canadian General Standards Board CGSB-43.126-2008, “Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods”, September 2008, published by the Canadian General Standards Board (CGSB)
National Standard of Canada CAN/CGSB-43.147-2005, “Construction, Modification, Qualification, Maintenance, and Selection and Use of Means of Containment for the Handling, Offering for Transport, or Transporting of Dangerous Goods by Rail”, May 2005, as amended in July 2008, published by the Canadian General Standards Board (CGSB)
ICAO Technical Instructions
“Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2009-2010 Edition, published by the International Civil Aviation Organization (ICAO)
Supplement to the ICAO Technical Instructions
Supplement to the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2009-2010 Edition, published by the International Civil Aviation Organization (ICAO)
2. The definitions “ICAO Technical Instructions” and “Supplement to the ICAO Technical Instructions” in section 1.4 of the Regulations are replaced by the following:
ICAO Technical Instructions means the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2009-2010 Edition, published by the International Civil Aviation Organization (ICAO). (Instructions techniques de l’OACI)
Supplement to the ICAO Technical Instructions means the Supplement to the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2009-2010 Edition, published by the International Civil Aviation Organization (ICAO). (Supplément aux Instructions techniques de l’OACI)
3. The Table of Contents of Part 5 of the Regulations is amended by adding the following after the entry for section 5.14.1:
Tank Car Localized Dents and Buckles…………5.15
Information Required in CGSB-43.147 with an Application for Registration of a Tank Car Facility………………………………………………5.15.1
4. Subsections 5.12(1) and (2) of the Regulations are replaced by the following:
(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a UN standardized means of containment selected and used in accordance with sections 2, 3, 12 and 13 of CGSB-43.146 or sections 2 and 3 of Part I of CGSB-43.150 and sections 12 to 17 of Part II of CGSB-43.150.
(2) A person must not reuse a steel or plastic drum with a capacity greater than or equal to 150 L to handle, offer for transport or transport dangerous goods that are liquid and are included in Class 3, 4, 5, 6.1, 8 or 9 unless
(a) for a steel drum, the requirements for the reconditioning, remanufacturing and repair in Part II of CGSB-43.126 are complied with and the drum reconditioning, remanufacturing and repair facility is registered with Transport Canada in accordance with the requirements of Appendix A of CGSB-43.126; or
(b) for a plastic drum, the requirements for the reconditioning, remanufacturing and repair in Part III of CGSB-43.126 are complied with and the drum reconditioning, remanufacturing and repair facility is registered with Transport Canada in accordance with the requirements of Appendix A of CGSB-43.126.
5. Part 5 of the Regulations is amended by adding the following after section 5.14.1:
5.15 Tank Car Localized Dents and Buckles
Except for dents or buckles that are in the ends of the tank car, a tank car that has a localized dent or buckle in its shell must not be used to handle, offer for transport or transport dangerous goods if
(a) the localized dent or buckle in the tank shell has a depth greater than 19 mm (3/4 inch) at its deepest point, when that depth is measured relative to the surrounding un-deformed external surface of the tank shell; or
(b) any portion of the localized dent or buckle in the tank shell is within 610 mm (24 inches) of the longitudinal tank centre line at the bottom of the tank and the dent or buckle has a depth greater than 13 mm (1/2 inch) at its deepest point, when that depth is measured relative to the surrounding un-deformed external surface of the tank shell.
5.15.1 Information Required in CGSB-43.147 with an Application for Registration of a Tank Car Facility
Despite paragraph 4.11.3 c. of CGSB-43.147, an application for registration of a tank car facility need not include evidence that the facility has a valid and current certification issued by the Association of American Railroads.
6. The portion of special provision 89 of Schedule 2 to the Regulations before paragraph (a) is replaced by the following:
89 Despite subsection 5.12(1) of Part 5, Means of Containment, these dangerous goods may be transported on a road vehicle or a ship on a domestic voyage in a small means of containment if the small means of containment
COMING INTO FORCE
7. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
The Transportation of Dangerous Goods Act, 1992 (TDG Act, 1992) and the Transportation of Dangerous Goods Regulations (TDG Regulations) are intended to promote public safety in the transportation of dangerous goods in Canada.
The Regulations Amending the Transportation of Dangerous Goods Regulations (the Amendments) update the references in section 1.3.1, Table of Safety Standards and Safety Requirement Documents, to two safety standards published by the Canadian General Standards Board (CGSB), CGSB-43.126 on drums, and CGSB-43.147 on rail transport, make consequential amendments to Part 5, Means of Containment, and remove a sunset date from special provision 89 in Schedule 2 referring to subsection 5.12(1). This regulatory change also updates the references to the International Civil Aviation Organization (ICAO) Technical Instructions and the Supplement to the ICAO Technical Instructions to the 2009-2010 Edition. The 2009-2010 Edition is now available in English and French and the update is a timely addition to this amendment.
CGSB-43.126 was changed in September 2008 and harmonizes the TDG Regulations with the requirements in the United Nations (UN) Recommendations on the Transport of Dangerous Goods Model Regulations for drums, notably the leakproofness test. CGSB-43.147 was amended in July 2008. Among other things, it clarifies the inspection and testing requirements applicable to means of containment for the handling, offering for transport or transporting of dangerous goods by rail.
Description and rationale
The changes relative to the September 2008 version of CGSB-43.126 are made to harmonize with the United Nations’ requirements for drums used in the transport of dangerous goods. CGSB-43.126 covers steel and plastic drums. The implications of this new standard in Canada are:
- for steel drums:
- a minor change in the required thickness of the body of a drum for reconditioning (top/body/bottom greater than or equal to 1.0/0.8/1.0 mm from 1.0/1.0/1.0 mm or 1.1/0.8/1.1 mm used previously) reflecting the thickness of used drums currently available on the market and that have proven to be amenable to reconditioning for dangerous goods;
- a change in pressure requirements for leak tests from 50 kPa to 30 kPa or 20 kPa depending on the packing group, with a leak test of five (5) minutes instead of three (3) seconds.
- for plastic drums:
- a minimum thickness requirement of 2.2 mm for reconditioning;
- a change in pressure required for leak tests from 25 kPa to 30 kPa or 20 kPa depending on the packing group, with a leak test of five (5) minutes instead of three (3) seconds;
- a permitted use period for a plastic drum of sixty (60) months from the date of manufacture without exception.
Although the thickness requirements for steel drums in the September 2008 version of CGSB-43.126 are lower (top/body/bottom of 1.0/1.0/1.0 mm or 1.1/0.8/1.1 mm were previously used), there is minimal anticipated saving, because the same drums will be used and the purchase of new drums will only be marginally less expensive. Some companies already use drums with lower steel thicknesses and some of these drums will become available for reconditioning. The lower thickness requirement was chosen by consensus at the standard committee level based on the experience and safety record of reconditioners with these drums in other countries.
The change in the September 2008 version of CGSB-43.126 to the requirements for leakproofness tests introduces some lower pressure requirements but extends the length of the test (from three (3) seconds to five (5) minutes), aligning the test with the UN Recommendations. The new leakproofness test is equivalent in terms of safety. The benefits of lower pressure levels are that the top and bottom of steel drums will no longer bulge under pressure, a problem that necessitated a restraint or push back of the drum, reducing the efficiency of the test. Most reconditioners use an equivalent (validated and documented) test method as allowed under the standard.
The permitted use period and the reconditioning requirements represent the largest difference for the users of plastic drums. The previous standard allowed new plastic drums dedicated to transporting single dangerous goods included in Packing Group II or III to be used for up to ten years without reconditioning “provided that the filler has documented and demonstrated that the drum or jerrican continues to meet performance requirements”. The packing group indicates the level of hazard of dangerous goods: Packing Group I indicates great danger, Packing Group II indicates medium danger and Packing Group III indicates minor danger. In the September 2008 version of CGSB-43.126, all plastic drums will have a permitted use period of five (5) years and will be subject to reconditioning.
The costs foreseen are for the increase in reconditioning of plastic drums or, alternatively, their disposal and replacement. Consultation indicates that companies previously using dedicated plastic drums have switched to regular reconditioning and, therefore, would not be affected.
The revised standard on rail, CGSB-43.147, introduces a number of changes; the most significant are the following listed by subject:
- safety requirements and accident prevention measures
- modify welded attachment requirements on tank car tanks – this change was derived from accident cause analysis,
- add requirements for the qualification of tank cars used for cryogenic liquids,
- clarify that the joint between tank car service equipment and unloading equipment must be adequate to prevent leakage,
- clarify the need to disconnect loading and unloading hoses when the loading or unloading is discontinued,
- establish the acceptable level of defects in tank car thermal protection systems based on results from Transport Canada’s research projects,
- clarify the tank container impact test administrative provisions and update the technical requirements to align with International Standard ISO 1496-3, Amendment 1;
- the conditions in existing permits for equivalent level of safety
- allow tank cars (excluding tank cars for dangerous goods included in Class 2) to have a gross weight of up to 286 000 lb (previously covered by permit),
- grandfather tank cars previously built and operated under permit;
- exempt from the inspection of hydrogen peroxide ceramic venting devices for tank cars being returned after unloading,
- remove the adoption by reference of the commodity name marking requirements in 49 CFR, Part 172.330 (the United States’ regulations).
These changes should have a positive impact on safety as the criteria for testing and inspection improve with better knowledge and understanding. There might be some savings in administrative cost since some permits for equivalent level of safety will no longer be required. For example, a number of permits have been issued with strict conditions to allow an increased gross weight of tank cars up to 286 000 lb and have been effective. These permits have been incorporated into the standard.
The revised text of s. 5.15 applies to large means of containment and is intended to quantify the limits and the extent beyond which some defects to tank cars would be considered unsafe if tank cars were to be transported with those defects present. Currently, there are no regulatory quantifiable limits for defects in the tanks such as dents and buckles.
In addition, the application for registration of a tank car facility no longer requires evidence of a valid and current certification with the Association of American Railroads. This requirement was previously implemented as a practical transition measure to minimise the administrative burden when Transport Canada started to register these facilities. This is no longer necessary.
The Amendments include a modification to special provision 89 in Schedule 2 of the TDG Regulations removing the cut-off date of January 1, 2010, for using the means of containment described in the special provision. This special provision will ultimately be placed in a technical standard and there is no reason to maintain the cut-off date.
The amendments will not impact the intent or the scope of the TDG Regulations. They are expected to enhance the administration of the transportation of dangerous goods regulatory program, increase safety and maintain alignment with international standards. It is anticipated that the amendments will have a minimal but positive impact on the way consignors and carriers of dangerous goods do business.
Consultation included the identification of issues and concerns, and a major effort to obtain a wide consensus, involving standard committees, groups and organizations responsible for public safety. Costs and benefits, alternatives, enforcement policies and public safety initiatives were raised and discussed. Informal consultation was initiated in the fall of 2008 with stakeholders i.e., manufacturers and users of drums and the rail industry and comments are favourable. The comments provided by the stakeholders assisted in understanding the impact of the changes.
For the standard on drums, CGSB-43.126, there was very little reaction to the additional reconditioning requirements for plastic drums. Those who commented during informal consultation indicated that they reconditioned all their plastic drums. Comments were directed instead at the changes to the leak test for steel drums. The pressure required in the test has been lowered; however, the immersion period has been increased from three (3) seconds to five (5) minutes. For some companies who are currently using the recommended three (3) second immersion as their testing procedure instead of an equivalent method (only one company indicated use of the recommended three (3) second immersion), this change from three (3) second immersion to five (5) minutes diminishes their production. Those companies, however, could be opting for equivalent and more efficient tests.
For the standard on rail, CGSB-43.147, during the informal comment period the proposed text related to large means of containment generated comments from the stakeholders because the criteria are different from some that the Association of American Railroads use in manufacturing, that is, one per cent of the tank inside diameter. Most commentors agreed that the proposal is safer and has little economic impact.
The proposed Amendments were pre-published in the Canada Gazette, Part I, on April 10, 2010, followed by a 75-day pre-publication period. Seven comments were received.
Immediately after pre-publication, it was brought to Transport Canada’s attention that the proposed text in section 5.9 fell under the heading of “Class 1, Explosives” when in fact it should have been under “Large Means of Containment”. These requirements have now been moved to the appropriate section (i.e., section 5.15). Commentors also suggested simplifying the section, adding caveats such as “localized dents and buckles” to avoid confusion due to normal out-of-roundness that occurs on all tank cars, and specifying the area of a tank shell in which dents or buckles occur that could be more easily used to determine if the tank is safe for transport. One commentor who submitted written comments and other commentors at industry meetings suggested that the requirements could be simplified by changing the title of the section, by eliminating the percentage criteria and by applying a more stringent criterion for the bottom of the tank. The changes in section 5.15 reflect those comments.
Two commentors questioned the need to include criteria for dents and buckles in the TDG Regulations when this issue is being discussed by the CGSB tank car committee and Transport Canada’s Technical Committee on tank cars (Technical committee).
The TDG Regulations will be reviewed when the next edition of the tank car standard, which should contain criteria for dents and buckles, is published. The TDG Regulations contain clear criteria for determining when dents and buckles are of such a nature that a tank car cannot be placed in the transport cycle. The amendment in section 5.15 is seen as complementing existing regulatory requirements.
Currently, the only regulatory requirement that appears to address this issue is in Appendix W of the Association of American Railroads (AAR) Manual M-1002 for tank cars. It provides tank out-of-roundness criteria and requires a measurement of the diameter without specifying the means by which such a diameter could be measured. The M-1002 Manual wording can lead to unsafe interpretation when it comes to determining the acceptable depth of dents and buckles when measured during service where it is generally impractical if not impossible to measure the tank diameter. Furthermore, the AAR requirement has essentially been established to apply during manufacturing and maintenance when it is practical and safe to work inside the tank car tank. The defect size criteria in the amendment provides a rejection limit for dents and buckles that can be easily established without measuring the tank car tank diameter. The defect size can be readily measured.
Implementation, enforcement and service standards
Compliance with these changes would be accomplished through the existing inspection network. The network includes both federal and provincial inspection forces who inspect all modes of transport and all consignors of dangerous goods. The inspectors need to be made aware of the changes.
For further information on the Amendments to the TDG Regulations, please contact
Ms. Linda Hume-Sastre
Legislation and Regulations
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C, 9th Floor
330 Sparks Street
S.C. 2009, c. 9, ss. 29(1)
S.C. 1992, c. 34
S.C. 2009, c. 9, s. 25
S.C. 2009, c. 9, s. 26
S.C. 1992, c. 34