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Vol. 132, No. 15 — July 22, 1998
Registration
SOR/98-371 15 July, 1998
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
Regulations Amending the Transportation of Dangerous Goods Regulations (No. 23)
P.C. 1998-1253 15 July, 1998
Whereas, pursuant to subsection 30(1) of the Transportation of Dangerous Goods Act, 1992(see footnote a), a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations (No. 23), substantially in the form annexed hereto, was published in the Canada Gazette, Part I, on April 11, 1998, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 of the Transportation of Dangerous Goods Act, 1992(see footnote b), hereby makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (No. 23).
REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (NO. 23)
AMENDMENTS
1. (1) The portion of the definition "IBC" or "intermediate bulk container"(see footnote 1) in section 1.2 of the Transportation of Dangerous Goods Regulations(see footnote 2) before paragraph (a) is replaced by the following:
"IBC" or "intermediate bulk container" means a rigid or flexible portable means of containment with a capacity not exceeding 3 000 L, but does not include a means of containment described in National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997, a means of containment referred to in section 7.33.5 or a means of containment required to be used in the following standards:
(2) Paragraph (b)(see footnote 3) of the definition "IBC" or "intermediate bulk container" in section 1.2 of the Regulations is replaced by the following:
(b) National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997; (GRV or grand récipient pour vrac)
(3) Paragraph (a)(see footnote 4) of the definition "multi-unit tank car tank" in section 1.2 of the Regulations is replaced by the following:
(a) Class TC 106A or TC 110A set out in National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997,
2. Section 2.1.1(see footnote 5) of the Regulations is repealed.
3. Subsection 2.9.2(1)(see footnote 6) of the Regulations is replaced by the following:
2.9.2 (1) Where a package or small container that is manufactured in Canada is used or is intended to be used to transport dangerous goods by aircraft and is marked in accordance with Chapter 9 of the UN Recommendations, the package or small container shall comply with the requirements of National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997.
4. (1) Subsection 2.9.3(1)(see footnote 7) of the Regulations is replaced by the following:
2.9.3 (1) Subject to subsections (2) and (3), any person who handles or offers for transport by aircraft dangerous goods that are included in Class 2 and that are contained in a cylinder or other small container or in a tube, other than an aerosol or a flask containing an unpressurized refrigerated liquid, shall comply with the applicable requirements of Canadian Standards Association Standard CSA-B340-97, Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2, dated July 1997, except for the requirements of section 9.1.1.1 of CGA publication S-1.1, referred to in clause 4.3.1 of the Standard.
(2) Paragraph 2.9.3(2)(a)(see footnote 8) of the Regulations is replaced by the following:
(a) National Standard of Canada CAN/CSA-B339-96, Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods, dated July 1996; or
5. (1) Clause 2.12(c)(i)(D)(see footnote 9) of the Regulations is replaced by the following:
(D) National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997, respecting type 1A1 packaging, or
(2) Clause 2.12(d)(i)(D)(see footnote 10) of the Regulations is replaced by the following:
(D) National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997, or
6. Subparagraph 2.12.2(b)(ii)(see footnote 11) of the Regulations is replaced by the following:
(ii) conform to Canadian Standards Association Standard CSA-B340-97, Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2, dated July 1997, except for the requirements of section 9.1.1.1 of CGA publication S-1.1, referred to in clause 4.3.1 of the Standard, and
7. Subsection 2.14(2)(see footnote 12) of the Regulations is replaced by the following:
(2) Subject to subsections (3) and (4), where a package or small container that is manufactured in Canada is used or is intended to be used to transport dangerous goods by ship and is marked in accordance with Chapter 9 of the UN Recommendations, the package or small container shall comply with the requirements of National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997.
8. Subsection 2.18(9)(see footnote 13) of the Regulations is replaced by the following:
(9) Subject to subsection (10), any person who offers for transport dangerous goods referred to in subsection (1) that are included in Class 2 and are contained in a cylinder, tube or small container shall comply with the applicable requirements of Canadian Standards Association Standard CSA-B340-97, Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2, dated July 1997, except for the requirements of section 9.1.1.1 of CGA publication S-1.1, referred to in clause 4.3.1 of the Standard.
(10) Subsection (9) does not apply to
(a) a cylinder, tube or small container that is part of the equipment of a ship;
(b) a small container that contains unpressurized refrigerated liquids; or
(c) a small container that is an aerosol or flask.
9. Subsection 2.24(10)(see footnote 14) of the Regulations is replaced by the following:
(10) Subject to subsection (11), any person who offers for transport dangerous goods referred to in subsection (1) that are included in Class 2 and are contained in a cylinder, tube or small container shall comply with the applicable requirements of Canadian Standards Association Standard CSA-B340-97, Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2, dated July 1997, except for the requirements of section 9.1.1.1 of CGA publication S-1.1, referred to in clause 4.3.1 of the Standard.
(11) Subsection (10) does not apply to
(a) a cylinder, tube or small container that is part of the equipment of a ship;
(b) a small container that contains unpressurized refrigerated liquids; or
(c) a small container that is an aerosol or flask.
10. Section 6.4(see footnote 15) of the Regulations is replaced by the following:
6.4 Section 11 of National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997, does not apply to packagings or small containers manufactured before January 1, 1992.
11. The portion of subsection 6.5(1)(see footnote 16) of the Regulations before paragraph (b) is replaced by the following:
6.5 (1) The certificate of compliance with chemical composition and test reports that is referred to in clause 4.18 of National Standard of Canada CAN/CSA-B339-96, Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods, dated July 1996, shall be retained by the manufacturer of a cylinder or tube and by the inspector as defined in that Standard,
(a) in the case of a cylinder or tube for which the Standard requires the display of a specification mark, other than the specification mark TC-3HTM, for the 180 months following the test date referred to in clause 4.17.2 of the Standard; or
12. Subsection 6.7(1)(see footnote 17) of the Regulations is replaced by the following:
6.7 (1) The quality assurance requirements in paragraphs 5.1.5, 5.2.5, 5.3.5, 5.4.5, 5.5.5, 5.6.5 and 7.2.1 c. of National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, and amendment No. 2, dated June 1997, do not apply to IBCs manufactured before January 1, 1997.
13. The Regulations are amended by adding the following after section 6.8:
6.9 Notwithstanding clause 2 of National Standard of Canada CAN/CSA-B339-96, Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods, dated July 1996, every reference to CGA Publication C-1 in this Standard shall be read as a reference to CGA Publication C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Seventh Edition, published by the Compressed Gas Association, Inc.
14. Subsection 7.21(1)(see footnote 18) of the Regulations is replaced by the following:
7.21 (1) No person shall handle or offer for transport dangerous goods referred to in section 7.33 that are contained in a package or small container that is not in compliance with National Standard of Canada CAN-CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997, unless the package or small container is designed, constructed, filled and closed so that, under normal conditions of handling and transport, there will be no discharge, emission or escape of the dangerous goods from the package or small container that could constitute a danger to public safety.
15. Subsection 7.23(1)(see footnote 19) of the Regulations is replaced by the following:
7.23 (1) Where a package or small container that is manufactured in Canada is used or is intended to be used to transport dangerous goods and is marked in accordance with Chapter 9 of the UN Recommendations, the package or small container shall comply with the requirements of National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997.
16. Section 7.31(see footnote 20) of the Regulations is replaced by the following:
7.31 (1) Subject to subsections (2) and (3), no person shall handle or offer for transport by road or by rail, or in a domestic consignment by ship, dangerous goods that are included in Class 1, unless the applicable requirements of National Standard of Canada CAN/CGSB-43.151-97, Packing of Explosives (Class 1) for Transportation, dated December 1997, are complied with.
(2) Except for dangerous goods that are included in Class 1 and are transported by road in highway tanks, including those designed for mixing and transporting explosives, until January 1, 1999, dangerous goods that are included in Class 1 may be handled or offered for transport by road or by rail, or in a domestic consignment by ship, in accordance with the applicable requirements of National Standard of Canada CAN/CGSB-43.151-M90, Packing of Explosives, Class 1, for Transportation, dated December 1990.
(3) Section 2.1.2 of Appendix B of the National Standard of Canada CAN/CGSB-43.151-97, Packing of Explosives (Class 1) for Transportation, dated December 1997, does not apply until January 1, 1999.
17. (1) Subsection 7.32(1)(see footnote 21) of the Regulations is replaced by the following:
7.32 (1) Subject to subsections (2) and (3), no person shall handle or offer for transport dangerous goods that are included in Class 2 and are contained in a cylinder or other small container or in a tube, other than an aerosol or a flask containing an unpressurized refrigerated liquid, unless the applicable requirements of Canadian Standards Association Standard CSA-B340-97, Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2, dated July 1997, are complied with, except for the requirements of section 9.1.1.1 of CGA publication S-1.1, referred to in clause 4.3.1 of the Standard.
(2) Paragraph 7.32(2)(a)(see footnote 22) of the Regulations is replaced by the following:
(a) National Standard of Canada CAN/CSA-B339-96, Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods, dated July 1996; or
(3) Subsection 7.32(4)(see footnote 23) of the Regulations is replaced by the following:
(4) A requalification, repair, reheat treatment or rebuilding of a cylinder or tube referred to in paragraph (2)(b) shall be carried out at a facility registered pursuant to clause 25 of National Standard of Canada CAN/CSA-B339-96, Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods, dated July 1996.
18. Section 7.32.2(see footnote 24) of the Regulations is replaced by the following:
7.32.2 (1) Subject to subsections (2) and (3) and section 7.32.3, no person shall handle or offer for transport by rail dangerous goods that are included in Class 2 and are contained in a tank, other than a tube, unless the requirements of National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, except for section 5.2.1.1, are complied with.
(2) Paragraph (2) of the definition "Material Poisonous by Inhalation" in section 3 of National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, is replaced by the following:
(2) A liquid (other than a mist) meeting the criteria in the Transportation of Dangerous Goods Regulations for Division 6.1, Packing Group I, because of its inhalation toxicity, whether having the classification of 6.1 or not, or whether assigned to Hazard Zone A or B in accordance with section 73.133(a).
(3) Notwithstanding paragraph 73.320(b) of National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, the internal tank pressure at the time of offering for transport shall be equal to or less than 70 kPa (10 psig).
19. Section 7.33(see footnote 25) of the Regulations is replaced by the following:
7.33 Subject to section 7.34, no person shall handle or offer for transport by road or by rail, or in a domestic consignment by ship, dangerous goods that are included in Class 3, 4, 5, 6.1, 8 or 9 and are contained in a package or a small container, unless the requirements of section 7.21 or the requirements of National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for Transportation of Dangerous Goods, dated December 1997, are complied with.
20. (1) Subsection 7.33.2(1)(see footnote 26) of the Regulations is replaced by the following:
7.33.2 (1) Subject to subsections (3) and (4), no person shall handle or offer for transport by rail dangerous goods that are included in Class 3, 4, 5, 6.1, 8 or 9, unless the following requirements are complied with:
(a) the requirements of National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, except for section 5.2.1.1; or
(b) the requirements of sections 7.33.5 and 7.49.
(2) Subsection 7.33.2(3)(see footnote 27) of the Regulations is replaced by the following:
(3) Until December 31, 1999, a person may comply with the requirements applicable to filters in venting devices for aqueous solutions of hydrogen peroxide in note B81 to section 72.6 of National Standard of Canada CAN/CGSB-43.147-94, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated November 1994, instead of the requirements of "B" Code B81 in note F8.3.2 in Appendix F of National Standard of Canada CAN/CGSB-43. 147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997.
(4) Paragraph (2) of the definition "Material Poisonous by Inhalation" in section 3 of National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, is replaced by the following:
(2) A liquid (other than a mist) meeting the criteria in the Transportation of Dangerous Goods Regulations for Division 6.1, Packing Group I, because of its inhalation toxicity, whether having the classification of 6.1 or not, or whether assigned to Hazard Zone A or B in accordance with section 73.133(a).
21. (1) The portion of subsection 7.33.3(4)(see footnote 28) of the Regulations before paragraph (b) is replaced by the following:
(4) When the dangerous goods are contained in an IBC that satisfies the definition of a rigid polyethylene intermediate bulk container (RIBC) in clause 3 of CSA Preliminary Standard B616-M1989, Rigid Polyethylene Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated May 1989, or in a code 31HZ IBC referred to in National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, and amendment No. 2, dated June 1997, or in an IBC similar to one of those types of IBC, the following requirements shall be complied with:
(a) the selection and use requirements for a code 31HZ IBC in section 7 of National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, and amendment No. 2, dated June 1997, and, for the purposes of this paragraph, the date of manufacture, if not displayed on the IBC, is considered to be June 30, 1992;
(2) Subparagraph 7.33.3(4)(b)(ii)(see footnote 29) of the Regulations is replaced by the following:
(ii) the design and manufacturing requirements for code 31HZ IBCs in paragraph 5.4 and section 6 of National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, and amendment No. 2, dated June 1997; and
(3) Paragraph 7.33.3(4)(c)(see footnote 30) of the Regulations is replaced by the following:
(c) for an IBC manufactured after June 30, 1996, the design and manufacturing requirements for code 31HZ IBCs in sections 4 to 6 of National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, and amendment No. 2, dated June 1997.
(4) Paragraphs 7.33.3(5)(a)(see footnote 31) and (b)(see footnote 32) of the Regulations are replaced by the following:
(a) the selection and use requirements in section 7 of National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, and amendment No. 2, dated June 1997, for the code that most appropriately describes the IBC, and, for the purposes of this paragraph, the date of manufacture, if not displayed on the IBC, is considered to be January 1, 1994; and
(b) for an IBC manufactured after June 30, 1996, the design and manufacturing requirements in sections 4 to 6 of National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, and amendment No. 2, dated June 1997.
(5) Subsection 7.33.3(6)(see footnote 33) of the Regulations is repealed.
22. Section 7.39.1(see footnote 34) of the Regulations is replaced by the following:
7.39.1 Where a tank car tank, its interior heating system or one of its valves is overdue for the retesting required in National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, no person shall load dangerous goods in the tank car tank until retesting is done in accordance with that Standard.
23. (1) Subsection 8.4.2(1)(see footnote 35) of the Regulations is replaced by the following:
8.4.2 (1) Subject to subsections (2) and (3), no person shall transport dangerous goods that are included in Class 2 and are contained in a cylinder or other small container or in a tube, other than an aerosol or a flask containing an unpressurized refrigerated liquid, unless the applicable requirements of Canadian Standards Association Standard CSA-B340-97, Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2, dated July 1997, are complied with, except for the requirements of section 9.1.1.1 of CGA publication S-1.1, referred to in clause 4.3.1 of the Standard.
(2) Paragraph 8.4.2(2)(a)(see footnote 36) of the Regulations is replaced by the following:
(a) National Standard of Canada CAN/CSA-B339-96, Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods, dated July 1996; or
24. Section 8.15(see footnote 37) of the Regulations is replaced by the following:
8.15 Notwithstanding section 7.33.2, where a loaded or unloaded tank car tank, its interior heating system or one of its valves becomes overdue during transport for the retesting required in National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, the tank car tank may be transported to a destination inside Canada.
25. Paragraph 8.23(6)(a)(see footnote 38) of the Regulations is replaced by the following:
(a) a Class TC 112 or TC 114 tank car tank referred to in National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997;
26. Item 6 of the legend to the tables to Schedule VIII to the Regulations is replaced by the following:
6. "CAN/CGSB-43.123-M86" means National Standard of Canada CAN/CGSB-43.123-M86, Containers, Metal, Aerosol (TC-2P, TC-2Q), dated April 1986.
27. Note 3 of the notes to Part I of Schedule VIII to the Regulations is replaced by the following:
Note 3: The packaging must
(a) if the contents are at an internal gauge pressure not greater than 965 kPa at 55°C, be capable of withstanding an internal pressure of 1.5 times the equilibrium pressure of the contents at 55°C or comply with the requirements of specification TC-2P or TC-2Q (CAN/CGSB-43.123-M86);
(b) if the contents are at an internal gauge pressure greater than 965 kPa but not greater than 1 105 kPa at 55°C, comply with the requirements of specification TC-2P or TC-2Q (CAN/CGSB-43.123-M86); or
(c) if the contents are at an internal gauge pressure greater than 1 105 kPa but not greater than 1 245 kPa at 55°C, comply with the requirements of specification TC-2Q (CAN/CGSB-43.123-M86).
28. Items 2 to 15(see footnote 39) of Schedule XIV to the Regulations are repealed.
29. Items 17 to 26(see footnote 40) of Schedule XIV to the Regulations are repealed.
30. Items 28 to 31(see footnote 41) of Schedule XIV to the Regulations are repealed.
31. Item 33(see footnote 42) of Schedule XIV to the Regulations is repealed.
32. (1) The portion of items 34b and 35 of Schedule XIV to the Regulations in column II(see footnote 43) is replaced by the following:
| Item | Column II Number |
|---|---|
| 34b. | CAN/CGSB-43.146-94 and amendment No. 2 |
| 35. | CAN/CGSB-43.150-97 |
(2) The portion of items 34b and 35 of Schedule XIV to the Regulations in column IV(see footnote 44) is replaced by the following:
Item |
Column IV Date of Standard |
|---|---|
| 34b. | December 1994 and June 1997, respectively |
| 35. | December 1997 |
33. Items 40 to 44(see footnote 45) of Schedule XIV to the Regulations are repealed.
34. (1) The portion of item 45 of Schedule XIV to the Regulations in column II(see footnote 46) is replaced by the following:
Item |
Column II Number |
|---|---|
| 45. | CAN/CSA-B339-96 |
(2) The portion of item 45 of Schedule XIV to the Regulations in column IV(see footnote 47) is replaced by the following:
Item |
Column IV Date of Standard |
|---|---|
| 45. | July 1996 |
35. (1) The portion of item 48 of Schedule XIV to the Regulations in column II(see footnote 48) is replaced by the following:
Item |
Column II Number |
|---|---|
| 48. | CAN/CGSB-43.147-97 |
(2) The portion of item 48 of Schedule XIV to the Regulations in column IV(see footnote 49) is replaced by the following:
Item |
Column IV Date of Standard |
|---|---|
| 48. | August 1997 |
COMING INTO FORCE
36. These Regulations come into force on September 1, 1998.
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
The Transportation of Dangerous Goods Act, 1992 (the Act) and the Transportation of Dangerous Goods Regulations (TDG Regulations) are intended to promote public safety in the transportation of dangerous goods in Canada. This amendment schedule amends references in the TDG Regulations to standards that have been revised.
The standards that have been revised are:
• Canadian Standards Association (CSA) National Standard of Canada CAN/CSA-B339-96, Cylinders, Spheres and Tubes for the Transportation of Dangerous Goods, dated July 1996, and cited as CSA-B339;
• CSA-B340-97, Selection and Use of Cylinders, Spheres, Tubes and Other Containers for the Transportation of Dangerous Goods, Class 2, dated July 1997, and cited as CSA-B340;
• Canadian General Standards Board (CGSB) National Standard of Canada CAN/CGSB-43.150-97, Performance Packagings for the Transportation of Dangerous Goods, dated December 1997, and cited as CGSB-43.150;
• National Standard of Canada CAN/CGSB-43.146-94, Intermediate Bulk Containers for the Transportation of Dangerous Goods, dated December 1994, amendment No. 2, dated June 1997, and cited as CGSB-43.146;
• National Standard of Canada CAN/CGSB-43.151-97, Packing of Explosives (Class 1) for Transportation, dated December 1997, and cited as CGSB-43.151; and
• National Standard of Canada CAN/CGSB-43.147-97, Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail, dated August 1997, and cited as CGSB-43.147.
CSA-B339 and CSA-B340 deal with the manufacture and use of cylinders for the transportation of gases. Both standards were amended to update references to the Compressed Gas Association (CGA) publications, the Transportation of Dangerous Goods Act, 1992, the American Society for Testing and Materials standards, and other published standards. References to dangerous goods shipping names and product identification numbers (PINs) were aligned with the current TDG Regulations. The requirement for valve protection for cylinders in transport was clarified. New requirements for transporting cylinders that are due for requalification were introduced. Authorization for the continued use of TC-4LM vacuum-insulated cylinders for liquid refrigerated carbon dioxide and liquid refrigerated nitrous oxide services were added (this was previously allowed under permit for equivalent level of safety). Authorization for the continued use of TC-39M non-refillable cylinders for methylacetylene propadiene, stabilized services was also added (previously allowed under permit). Other changes were of a housekeeping or an editorial nature.
Notwithstanding clause 4.3.1 of CSA-B340, the TDG Regulations were amended so that section 9.1.1.1 of CGA Publication S-1.1, which deals with replacement requirements for pressure relief valves, is not mandatory. In doing so, current North American regulatory requirements are maintained.
National Standard of Canada CGSB-43.150 deals with the design and manufacture of United Nations (UN) specification non-bulk packagings with a capacity of 450 litres or less. New sections 12 to 18 were added to the standard to establish requirements for the use of UN packagings for class 3, 4, 5, 6.1, 8 and 9 dangerous goods. Section 7.6.2 of the standard places a limit of five years on the reuse of plastic drums and jerricans. However, they may be reused for up to ten years if: the container has been dedicated for use with a specific product; and the user has a documented procedure for demonstrating that the container continues to meet the performance requirements after five years, including an inspection of the container prior to each use after five years.
CGSB Provisional Standard 43-GP-152MP, Packing for Transportation of Dangerous Goods in Prescribed Packagings, dated September 1985, which deals with construction standards for packagings and the construction standards themselves found in Schedule XIV, has been replaced with CGSB-43.150 UN performance based standards. Other revisions align the standard with the tenth revised edition of the UN Recommendations on the Transport of Dangerous Goods (UN Recommendations).
National Standard of Canada CGSB-43.146 deals with the design, manufacture and use of UN specification intermediate bulk containers (IBCs) for the transportation of class 3, 4, 5, 6.1, 8 or 9 dangerous goods by road, rail and domestic marine. The amended standard limits the 30 month periodic leak test and inspection requirement to only large IBCs (over 450 litres capacity) used to transport liquids. The five year limit on the use of plastic IBCs is reinstated and applies to all large plastic IBCs used to transport liquids of class 3, 4, 5, 6.1, or 8 dangerous goods. Last, a ten-year limit on the use of plastic IBCs applies to any small plastic IBC as well as to any IBC that is used to transport class 9 dangerous goods if: the container has been dedicated for use with a specific product; and the user has a documented procedure for demonstrating that the container continues to meet the performance requirements after five years, including an inspection of the container prior to each use.
National Standard of Canada CGSB-43.151 has been amended to incorporate the tenth revised edition of the UN Recommendations, incorporating the latest UN Packing Methods for packing of explosives for international and domestic transport. The amendment aligns the TDG Regulations with the UN Recommendations, facilitating international consignments of some explosives. Construction standards and their associated use, that were previously in CGSB-43.151, have been removed.
Explosives may continue to be transported in accordance with National Standard of Canada CGSB-43.151-M90, Packing of Explosives, Class 1, for Transportation, dated December 1990, until January 1, 1999. The transition period facilitates the change from Transport Canada packing methods to UN packing methods. Requirements in the revised CGSB-43.151 for the periodic leak test and inspection of intermediate bulk containers (IBCs) used to transport slurry explosives do not apply until January 1, 1999. Also, for a few products, there is no longer a requirement for Natural Resources Canada's approval to transport them in highway tanks. Last, there are a few variations between the amended CGSB-43.151 and the current domestic requirements, generally with respect to inner packaging and inner lining.
National Standard of Canada CGSB-43.147 deals with conditions for shipping dangerous goods in bulk by rail. The standard has been amended to primarily reflect recent Title 49 of the Code of Federal Regulations of the United States (49 CFR) crashworthiness protection requirements (HM-175A), quality assurance, performance and inspection provisions (HM-201), and pressure relief device stipulations (HM-216) for rail tank car tanks (hereafter referred to as "tank cars"). The amendments are intended to improve the crashworthiness of tank cars, to increase the likelihood of detecting tank car defects, and to reduce non-accidental releases of products through pressure relief devices. The changes harmonize Canadian and American tank car requirements.
Principal safety improvements or crashworthiness protection requirements include:
• expanding tank head puncture-resistance (head protection) on tank cars transporting class 2 materials, tank cars transporting halogenated organic compounds, and tank cars constructed from aluminum or nickel plate used to transport dangerous goods;
• expanding thermal protection requirements for tank cars transporting class 2 materials as well as allowing analysis instead of testing to be performed to verify compliance with thermal protection requirements;
• bottom appurtenance protection requirements;
• prohibiting the use of self-energized manways located below the tank liquid level;
• phasing out "grandfathering" provisions, that have allowed the continued use of tank cars that do not conform to standards (for example, type 105 tank cars, without head protection, that were built before September 1, 1981, with a capacity of less than 18,000 US gals);
• protective coatings requirements on existing insulated tank cars when a repair to the tank car requires the complete removal of the jacket;
• more robust tank cars used for specific halogenated organic compounds;
• special requirements for materials having a primary or secondary class 2.1, that is, gauging devices equipped with excess flow valves;
• scheduling of modifications and progress reporting i.e., 50% of the affected fleet to conform with the changes within the first half of the implementation period, and before July 1 of each year, each owner shall submit to the Director a progress report of the modifications.
New quality assurance, performance and inspection requirements include:
• quality assurance program for each tank car facility that manufactures, repairs, inspects, tests, qualifies, or maintains tank cars to ensure that tank cars conform to the standard; or that alters the certificate of construction of the tank car; or ensures the continuing qualification of cars by performing prescribed functions;
• performance standards for tank head puncture resistance and thermal protection systems;
• requirements to perform a minimum visual inspection of a tank car containing dangerous goods prior to being offered for transportation;
• periodic inspection and test protocol includes:
• conditions and frequency of inspection and tests for tank cars, for example, standardize test intervals at ten years;
• structural integrity inspections and tests using non-destructive testing (NDT) such as dye penetrant, magnetic particle, ultrasonic, radiographic testing methods, and optically-aided visual inspection instead of hydrostatic pressure tests for fusion welded tank cars;
• thickness measurements;
• specifying allowable shell thickness reductions;
• complete visual examination of tank cars to determine that the tank cars are in proper condition and safe prior to their use;
• safety system, lining and coating, leakage inspections and tests;
• use of alternative inspection and test procedures based on damage-tolerance fatigue evaluations.
Pressure relief device requirements include:
• expanding the start-to-discharge pressure setting from a single value to a range of settings that are more directly related to product requirements;
• increasing the burst pressure of the rupture disc on non-reclosing pressure relief devices to 33% of the tank burst pressure; and
• setting the minimum start-to-discharge pressure to 75 psig.
The introduction of non-destructive inspections and tests to determine if tank cars continue to be fit for service represents an important departure from the current practice of using hydrostatic pressure tests. Hydrostatic tests, although simple, were better suited to detecting leaks and other imperfections in riveted and forge welded tank cars. These tests are no longer effective in detecting critical flaws in today's fusion welded tank cars. Specifically, they are ineffective in detecting fatigue cracks that are not yet extensive enough to fail at the pressures used in hydrostatic testing. Also, these tests will only find those imperfections that grow as a result of increased internal pressure and not those that may propagate by other means.
Subsection 7.32.2(2) is added to amend section 73.320 of CGSB-43.147 that deals with Cryogenic Liquids, Exceptions. The amendment increases the maximum authorized internal pressure of the tank at the time of offering from less than or equal to 35 kPa (5 psig) to 70 kPa (10 psig). The increase allows reasonable flexibility when offering atmospheric/cryogenic liquids for transport without compromising the retention time required for these products to protect against premature venting to the atmosphere. In addition, filters used in the venting devices found in hydrogen peroxide tank cars can continue to comply with the November 1994 edition of CGSB-43.147 until January 1, 2000. This will allow industry the opportunity to phase in the new filters specified in the current CGSB-43.147 for hydrogen peroxide rail tank cars.
Amendments to the standard also include administrative requirements, incorporating permit conditions, safety improvements based on lessons learned primarily from accidents, and allowances for some provisions to become effective up to nine years following implementation of the standard.
Other amendments are included for clarification, housekeeping and to correct oversights. For example, in Schedule VIII, references to the 1981 provisional standard for metal aerosol containers, are revised to reflect National Standard of Canada CAN/CGSB-43.123-M86, Containers, Metal, Aerosol (TC-2P, TC-2Q), dated April 1986.
The requirements set out in this amendment schedule, unless stated otherwise, will come into force on September 1, 1998.
Alternatives
This amendment schedule amends references in the TDG Regulations to standards that have been revised. The revisions were adopted through the consensus process by the respective standards committees. The committees have balanced the concerns and needs of manufacturers, users and regulators of dangerous goods as well as other interested parties. There also exists the need to align some standards with the tenth revised edition of the UN Recommendations. The program is committed to the principles in the UN Recommendations, which contribute to worldwide harmonization in the transportation of dangerous goods. Adoption of the UN Recommendations has allowed for the harmonization of the TDG Regulations with international requirements. They enhance the functioning of the transportation of dangerous goods regulatory program.
Regarding tank cars, most of the revisions mirror recent 49 CFR requirements for the selection, use and requalification of tank cars. The standard's committee was aware of the increasing north-south movement of these cars and the need for consistency with the United States Regulations and the Association of American Railroads interchange rules. The establishment of divergent Canadian requirements, for example, could hinder the free flow of these tanks into and out of Canada and place restrictions on the Canadian industry. Consequently, no alternative was considered.
Benefits and Costs
The amendment schedule consolidates and clarifies requirements pertaining to methods employed in the manufacture, selection and use of means of containment, and increases the uniform application of these methods for all modes of transport.
The amendment schedule aligns the TDG Regulations with international requirements. Some amendments facilitate the international and transborder movement of dangerous goods. Other changes will enhance safety in dangerous goods transport by rectifying certain errors and omissions in the transportation of dangerous goods regulatory program.
The applicable consensus committees, responsible for the referenced standards, have considered all practical alternatives including: full grandfathering, different time periods for phasing-in the requirement to comply with the UN based standards, reciprocity with international and United States requirements, and the appropriate life expectancy of plastic containers for example. This amendment reflects what the committees considered to be the best alternative based on safety and economic grounds. Users, requalifiers, reconditioners and manufacturers of means of containment are expected to benefit from the implementation of UN and North American requirements for international trade purposes. As such, this amendment schedule is expected to generate a net benefit to all interested parties.
Amendment Schedule No. 21, December 1995, adopted standards CGSB-43.150-95 and CGSB-43.146-94 as regulations. The standards contained the UN recommendation for a five-year limit on the use of plastic to all plastic IBCs, drums and jerricans. Many industry representatives disagreed with this provision describing the requirement as being too stringent, costly and inconsistent with United States practice. Consequently, a provision was added to Amendment Schedule No. 21 to delay the implementation of the five-year limit until July 1997 permitting a further review of this issue by the relevant CGSB Committees. Following a two-year review, the CGSB Committees have reinstated the five-year limit on the use of plastic (CGSB-43.150-97 and the amended CGSB-43.146-94) in the strong belief that these added requirements will lead to safer means of containment. Experts recognize that the service life of plastic IBCs, drums and jerricans varies according to their frequency of use, exposure, the products contained in them, handling procedures, etc. Most have performed beyond the five-year date, whereas others have been taken out of service after two to three years.
The cost to replace plastic IBCs every five years ranges from about $500 for units with small liquid capacity to about $900 for units with 1 000 litre capacity. Some composite IBCs, a plastic inner receptacle with a metal frame, cost up to $1,500 to replace the entire unit. Current industry practices have a bearing on the potential cost to comply with the amendment. For example, some companies currently consider it to be good practice to replace plastic IBCs approximately every five years. For that segment of the industry, the incremental cost of compliance is nil. Other industry experts suggest that the average service life of a plastic IBC for some products could extend to eight to ten years. For this segment of the industry, the costs are those associated with replacing IBCs approximately 11/2 to 2 times more often. The incremental cost per use of an IBC will be smaller for those IBCs that are reused frequently, but larger for those IBCs that are reused infrequently. For all, there is a small incremental cost per use to monitor which containers have passed and which have not passed five years in service.
CGSB-43.150 and the amended CGSB-43.146 also provide conditions under which UN specification non-bulk packagings and IBCs may be reused for up to ten years from date of manufacture. There is a cost associated with demonstrating that the container continues to meet performance requirements, though the cost per use to inspect the container prior to each refilling after the first five years is small. There are some immediate costs to determine which containers have passed the five years in reuse. For small IBCs, the cost is partially offset by the removal of the requirement for a 30-month periodic leak test. Again, the cost to comply will be larger in those industry segments where the use of a plastic container is expected to have an average life longer than ten years. Nonetheless, benefits associated with increased safety, due to a low probability of container failure, would accrue both to industry and to the Canadian public.
There may be a competitive disadvantage to the Canadian industry due to differences between Canadian and United States regulations governing reuse of plastic containers. The cost to comply with Canadian standards may be higher than the cost for consignors in the United States to comply with the less stringent United States standards.
Some companies are also concerned that the change to the UN Packing Methods in CGSB-43.151 will require costly re-testing of packagings for some products. As well, introduction of inner packaging required by some UN Packing Methods will slightly reduce the quantities that can be packed in boxes that current requirements allow.
National Standard of Canada CGSB-43.147 primarily introduces crashworthiness protection, inspection and test provisions, and pressure relief device stipulations for rail tank car tanks (hereafter referred to as tank cars) consistent with that found in the United States. Most manufacturers, requalifiers and users of tank cars believe that the changes introduced in CGSB-43.147 have been drafted in such a manner that the costs and implementation period are balanced with improvements to safety. Costs to owners and users of tank cars of having to comply have been minimized with the benefits to be realized over some 20 years.
Most manufacturers, requalifiers and users of tank cars also believe that the timing of this initiative is appropriate. Many tank cars were built in the late 50's and early 60's. With a 40-year life expectancy rule on tank cars regardless of their use or service, a quarter of the tank cars could be replaced within the next ten years. Many of the requirements found in CGSB-43.147 have been incorporated in tank cars being built today. Amendments concentrate on a performance approach to managing tank cars. This allows industry more leeway to use their own expertise, to work with each other to build and maintain quality tank cars, to use non-destructive testing methods, and to explore reliability assessment methods such as damage tolerance fatigue analysis to support their maintenance programs.
The United States Department of Transportation published two economic impact assessments and regulatory flexibility analysis covering, respectively, crashworthiness protection requirements, and inspection and test protocols for tank cars in the spring of 1995. The assessments took into consideration the costs associated with, for example, head and thermal protection, an increased weight factor and reduced loads, increased frequency of inspections, non-destructive testing and out of service costs. A reduction in accidents, non-accidental releases, fatalities and injuries, and increased protection of the environment were also examined. Each assessment concluded that the amendments would create a net benefit to society and to the owners and users of each type of tank car, for example, crashworthiness protection requirements were estimated to generate a benefit-cost ratio of approximately 1.6.
Canadian owners and users of tank cars also expect to experience positive benefit-cost ratios, in spite of the belief that the Canadian rail industry is in better condition. Notwithstanding the benefits to be gained from having better "quality" tank cars, some users could incur costs. For example, a change in the filling densities to 90% or outages to 5% will mean less capacity per tank car resulting in an increase in tank cars to transport the same volumes. Similarly, the cost to have tank cars undergo NDT testing is anticipated to cost up to 2-3 times the cost of current hydrostatic tests.
Several other amendments clarify the intention of the TDG Regulations by eliminating redundancies and by correcting oversights. The individual impact of these amendments is expected to be minor.
Consultation
The Transport Dangerous Goods (TDG) Directorate, throughout the development of this amendment schedule, has consulted with industry and their associations. There has been consultation with the provinces and other branches of the Department of Transport responsible for regulations relating to means of containment, handling, offering for transport and transporting of dangerous goods in Canada and internationally.
Over the years, the TDG Directorate has participated in the development of a comprehensive system of consensus standards relating to the manufacture, selection and use of means of containment for the transportation of dangerous goods. These standards have been prepared and published under the direction of CGSB and CSA, and have been incorporated by reference into Parts VI, VII and VIII of the TDG Regulations. The committees developing these standards comprise the spectrum of users, reconditioners and manufacturers of the various means of containment for the transportation of dangerous goods. This amendment schedule reflects the concerns raised, and the alternatives discussed and adopted by these committees.
Early notice was provided through the 1997 Federal Regulatory Plan, under Proposal Nos. TC/96-16-I, TC/96-17-L and TC/97-14-L, respectively. The requirements of Article 607 of the Canada — United States Free Trade Agreement have been met.
This amendment schedule was prepublished in the Canada Gazette Part I on April 11, 1998. No written comments following publication were received.
Following publication in the Canada Gazette Part I, a new section 6.9 to Part VI has been added to this amendment schedule. This section deals with clause 2 entitled Reference Publications that lists documents referenced in CSA-B339. Section 6.9 requires one to comply with the seventh (1996) edition of the CGA Inc's publication C-1 entitled Methods for Hydrostatic Testing of Compressed Gas Cylinders rather than the sixth (1975) edition that is referenced in clause 2 of CSA-B339. The CGA publication C-1-1996 was not included for the Canada Gazette Part I. It represents the current technology and recognized safe industry practice. The 1975 edition is no longer in print.
Compliance and Enforcement
Compliance with the Act and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes federal and provincial inspection forces who inspect all modes of transport and all shippers of dangerous goods. These inspectors ensure that the various safety standards and requirements of the Act and the TDG Regulations are observed.
Contact
Kim O'Grady
Chief, Risk Evaluation Division
Transport Dangerous Goods Directorate
Ottawa, Ontario
K1A 0N5
(613) 990-1145
S.C. 1992, c. 34
S.C. 1992, c. 34
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