One of the conundrums of the Transportation of Dangerous Goods Regulations (TDG) is the requirement to have an ERAP for a UN number that is not listed in Schedule 1 of TDG.
The problem we run into is that Schedule 1 is only up to the 11th Edition of the UN Recommendations on the Safe Transport of Dangerous Goods (model regulations). In section 1.3.1, item 39 in the table of standards indicates that TDG is at the 14th Edition of the model regulations. But since the 13th Edition of the model regulations, the UN has issued over 130 new classifications.
But section 1.10 of TDG states:
A person may use the appropriate classification set out in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a ship on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.
This means that if the consignor cannot find a classification in TDG, then the consignor can use a classification from the model regulations, ICAO Technical Instructions (TIs) or the IMDG Code. And this is where the conundrum lies. TDG section 7.1(12) states:
Any substance that would require an ERAP if its classification were determined in accordance with Part 2, Classification, requires an approved ERAP if its classification from the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is used as permitted under section 1.10 of Part 1, Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases.
For example, as the consignor, you have an IBC (1,500 L) of sodium cyanide solution, UN3414 to ship. As UN3414 is not listed in TDG, you go to the model regulations for the classification. But the model regulations don’t have an ERAP index, so how do you determine if an ERAP is required? Or, you have 2 x 20 L drums of iodine, UN3495, to be shipped and you use the TIs for your classification. The TIs don’t have an ERAP index, so how do you determine if an ERAP is required?
To determine if an ERAP is required for your shipment where the classification is not in TDG, go to: http://www.tc.gc.ca/eng/tdg/clear-newerapnumbers-87.htm and scroll to the table at the bottom of the page to see if your product is listed and what the ERAP index is. Please bear in mind that all the requirements of Part 7 apply to the numbers listed in this table.
So, what’s going to be coming in TDG in the next year?
Well, let’s start with an Equivalency Certificate for limited quantities. Members of the Canadian Paint and Coatings Association have an Equivalency Certificate (http://www.tc.gc.ca/tdg/permits/htm/10832-eng.htm) for the use of the new limited quantity mark. If Transport Canada is not going to have this in a very near future amendment, then why don’t they issue the Equivalency Certificate to all shippers?
Amendments 8, 9 & 10 have come into force this year. Amendment 11 was sent to the Minister on October 20 and it deals with correcting errors in Amendment 6. The next step for Amendment 11 is a consultation phase.
Amendment 12, which was reviewed last June, is a large amendment with emphasis on placarding and introduces the overpack. The comment review was completed in June and it may go direct to Gazette II.
Amendment 13 will deal with the standards and Part 5 Means of Containment. This proposal has been at Justice since June and its next stop should be Gazette I.
Amendment Q will be an update of Schedule 1 and 2. Amendment 12 was to take us to the 17th Edition of the UN Recommendations on the Safe Transport of Dangerous Goods, so why would a separate amendment be needed for the Schedules? Interesting that Schedule 3 is not listed in this proposal – typo? The next step for this amendment is consultations.
The Surface Inter-modal Security (SIMS) directorate is still in the policy development phase. They have indicated a combined use of voluntary practices and regulations that will be phased in over a reasonable time period. In addition, harmonization with the US will be key, but there will be some unique Canadian situations.
The one thing we do not have are target dates for each of the above.
The Auditor General will be releasing his findings on December 13th on the ERAP programme.
In the last two weeks, I have received several calls about the requirement to add a UN number when shipping more than 4000 kg of one UN number.
There has been a change made by Amendment 6 to the TDG Regulations which was published in February 2008 in the table of 4.15 1(b). The word "must" has been changed to "may".
Therefore whenever a consignor is shipping more than 4000 kg of one UN number, the consignor may display the UN number.
See this page on Transport Canada’s website for complete text of section 4.15.
On June 28, 2010, Transport Canada issued an Advisory Notice about hot air balloons. This notice addresses two (2) issues with the Regulations:
an exemption
cylinder compliance
1. Exemption: Section 1.27 Operation of a Means of Transport or a Means of Containment Exemption of the TDG Regulations does provide an exemption for propane cylinders. The catch is that the hot air balloon must be flight-ready and the cylinders are attached to the hot air balloon. Once the cylinders are removed from the hot air balloon for refill or the hot air balloon is not flight ready, such as when transporting the hot air balloon in a trailer, the exemption no longer applies.
2. Cylinder compliance: in TDG, Section 5.10 Means of Containment for Class 2, Gases requires the selection and use of cylinders in accordance with the Canadian Standards Association (CSA) standard B340. In addition, the manufacture of the means of containment (cylinder) must be done in accordance with CSA B339.
CSA B340 Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2: this standard covers the safety requirements for selecting and using cylinders for the transportation of dangerous goods in Class 2. It also covers the requirements for filling and handling of cylinders for Class 2 dangerous goods.
CSA B339 Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods: this standard outlines the requirements for manufacturing, inspecting, testing, and marking of means of containment for Class 2 Gases, dangerous goods.
Please keep in mind that in TDG, Section 5.10 Means of containment for Class 2, Gases, that clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a) of CSA B340 do not apply. In other words, equivalent means of containment are not permitted, the means of contaiment must meet CSA B340.
Transport Canada has posted an alert on their website that deals with US carriers transporting dangerous goods into Canada.
Section 6.4(1) of the TDG Regulations states that a carrier from the US must have a hazmat endorsement on their commercial driver’s licence and that this endorsement must reference sections 172.700 to 172.704 of 49 CFR (Code of Federal Regulations). As the hazmat endorsement is state generated, not federal (DOT), not all endorsements make reference to those sections of 49CFR.
However, Transport Canada has an agreement with the Federal Motor Carriers Safety Administration (FMCSA) that Transport Canada will recognize the hazmat endorsement on the CDL.
