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UN experts start work on 2019 text
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MULTIMODAL • A FAIRLY LANGUID START TO THE NEW BIENNIUM GAVE THE UN EXPERTS THE CHANCE TO FINALISE A NUMBER OF CHANGES THAT WERE LEFT OVER FROM THE LAST SESSION
THE UN SUB-COMMITTEE of Experts on the Transport of Dangerous Goods (TDG) held its 51st session in Geneva this past 3 to 7 July. The one-week meeting was the first of four planned for the new regulatory biennium and, as such, its main tasks were to look at some of the matters that had not been resolved in time for the meeting of the parent Committee of Experts in December 2016 and had thus
IT WAS ALL BACK TO GENEVA AS THE UN EXPERTS
STARTED ON THE NEXT ORANGE BOOK not been included in the amendments that appeared in the 20th revised edition of the UN Model Regulations.
That edition had already been printed in English and French at the time of the meeting, as had the seventh revised edition of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).
It might be though that, after 20 editions, the experts would have finished their job of designing regulations; however, the pace of technological development as well as changes in public expectations mean that their work will likely never be finished. The July meeting gave them the opportunity to get started on the amendments that will appear in the 21st edition of the Model Regulations. Those changes will be agreed by the parent Committee in December 2018 for publication in early 2019 and will mostly be adopted by the various modal, regional and national regulatory bodies for entry into force as from 2021.
The meeting was attended by experts representing 23 countries as well as observers from New Zealand, Qatar and Romania; also at the meeting were representatives from the EU, the Intergovernmental Organisation for International Carriage by Rail (OTIF), the UN Food and Agriculture Organisation (FAO), the International Civil Aviation Organisation (ICAO), the International Maritime Organisation (IMO), the World Health Organisation (WHO) and 30 non-governmental organisations.
EXPLOSIVE DISCUSSIONS As is the usual practice, submissions relating to the transport of explosives were remitted to a specialised Working Group, once more chaired by Ed de Jong (Netherlands).
Sweden proposed some textual changes to 10.3.3.4 of the Manual of Tests and Criteria, »
in line with revisions already adopted for 10.3.3.2 and 10.3.3.3. The Working Group and the Sub-committee were in agreement with them and they were incorporated into a longer proposal that was to be discussed with the GHS Sub-committee.
On the basis of a paper from the Institute of Makers of Explosives (IME), the Working Group agreed that ammonium nitrate suspensions and gels can be successfully classified using the 8(c) Koenen Test but that this is not generally suitable for ammonium nitrate emulsions, due to their higher water content. Although some experts were reluctant to consider amendments to the 8(c) Koenen Test, it was agreed after some discussion that IME would lead work to investigate the possibility of modifications.
The Netherlands presented an update on work to develop a specification for a standard detonator. This work will continue, most likely through to the end of 2018.
The Australian Explosives Industry Safety Group (AEISG) proposed the inclusion of new UN numbers for electronic detonators, which received some support; others in the Working Group felt that these could be accommodated in the existing entries for electric detonators. The Sub-committee agreed that a distinction between ‘electric’ and ‘electronic’ detonators would be useful but the Working Group failed to reach a consensus on the best way to do so. AEISG promised to return with a new proposal.
Prompted by a paper from Germany, the Working Group agreed that there is a need for further tests to confirm the stability of nitrocellulose mixtures. The most suitable tests for this purpose would appear to be the Bergmann Junk test and the Methyl Violet Paper test. The European Chemical Industry Council (Cefic) will now lead intersessional work to agree the details; it was hoped that a proposal could be ready in time for the December 2017 meeting. This work will include consideration of test results used by Germany’s BAM over the past 30 years.
Two papers from the UK prompted a discussion of the applicability of the security provisions in Chapter 1.4 to explosives. The Working Group felt that, on principle, goods that are freely available to the general public cannot be deemed to present a security risk; the experts also agreed with the US that all Division 1.6 explosives should be included in Table 1.4.1. The UK expert said that the comments made would be considered during the preparation of a revised proposal.
Switzerland arrived with a proposal to offer a relaxation from the regulations for fireworks of UN 0337, Division 1.4S transported in small quantities. Its paper noted that the rise of online shopping means that there is a demand for such fireworks to be sent by mail. Switzerland pointed to the
SOME EXPERTS BELIEVE THE PROVISIONS FOR THE
MANUFACTURE, TESTING AND TRANSPORT OF LITHIUM agreement made to allow certain small arms ammunition to be transported with limited quantity provisions as a model.
The Working Group recalled the four principles that had been met when that provision for ammunition had been agreed but it was not optimistic that fireworks, even those limited designs that Switzerland mentioned, could be made to meet those same principles. Switzerland agreed to consider those comments and determine if an amended paper should be submitted.
PACKING AND CLASSIFICATION Germany proposed revising the texts of special packing provisions PP13 and PP33, claiming that the current wording is ambiguous. Other delegates disagreed, although the Germany expert implied that a revised proposal would be forthcoming.
A paper from Switzerland sought an explicit mention of the principle that special provision 375, which applies to environmentally hazardous substances of UN 3077 and 3082, is optional. Shippers can choose to use it or ignore it. However, most of the experts considered that the text proposed by Switzerland could confuse matters and that the situation is already clear enough. No action was taken.
Germany raised another point that led to disagreement, this time concerning the intended interpretation of special provision 366, which exempts manufactured instruments and articles containing not more than 1 kg of mercury from the provisions of the regulations (the limit is 15 g for air transport). Picking up on earlier discussions at the Joint Meeting of RID/ADR/ADN experts on the transport of lamps containing mercury, Germany felt it should be specified that damaged or defective instruments/articles should be subject to more stringent packaging requirements. No consensus could be reached, with some experts sympathetic to Germany’s point; a revised proposal will be made.
Germany also sought an amendment of packing instruction P003 to allow its use in the transport of large articles, having been asked by industry to authorise the movement of large pressurised articles used in the oil industry, which have a net mass of some »
2,000 kg. Its proposed solution involved the addition of a special packing provision into P003. Several experts supported the idea of allowing the transport of large articles with a mass exceeding 400 kg but there was no consensus on how to do so. Again, a revised proposal will be forthcoming.
The Secretariat proposed a correction to the English and French texts of packing instruction P410, specifically table note ‘d’. This was adopted as a correction to the text in the 20th revised edition of the Model Regulations; that note should read: For packing group II substances, these packagings may only be used when transported in a closed cargo transport unit.
Canada proposed the modification of packing instruction P801 and the addition of a new packing instruction to clarify the conditions under which damaged, defective or otherwise returned batteries of UN 2794, 2795 or 3028 should be carried. Canada’s paper remarked on apparent difficulties in understanding the current provisions on the part of shippers. There was broad support for the principle of Canada’s proposals but it was felt that these should be set down in an official document. The Canadian expert said that this would be done for the next session, taking account of the comments that had been made.
Canada and the UK returned to the topic of the packaging of infectious waste of Category A; this had been discussed at length during the previous biennium in light of problems that had been encountered during the recent outbreaks of Ebola virus, when large volumes of disposable personal protective equipment, bedding material and other potentially infected items had been generated and needed to be transported for proper disposal. It was found that current provisions do not anticipate this situation.
An informal teleconferencing group had held four meetings since the December 2016 session of the Sub-committee and had come up with proposals for a new packing instruction and a corresponding large packing instruction. Both would require the use of a triple packaging system that meets the testing, marking and certification requirements found in Chapters 6.1 or 6.6.
The Sub-committee noted that there was not yet full consensus among the group but, after a lunchtime working group met during the July session, it was decided to provisionally adopt a number of provisions but to keep them for now in square brackets to allow time for delegations to consult
ELECTRONIC DETONATORS (ABOVE) AND DEFECTIVE
LITHIUM BATTERIES (RIGHT) ARE AMONG A NUMBER
OF NEW HAZARDOUS ARTICLES THAT THE UN SUBtheir public health authorities and to give the opportunity for further clarification of the texts during the current biennium.
If confirmed, there will be a new UN entry, 3549, for Medical waste, category A, affecting humans, solid or Medical waste, category A, affecting animals only, solid, along with a new packing instruction P622 and a corresponding LP622. Among the more substantive planned changes are the amendment of 2.6.3.5.1(a) to read: Category A infectious substances shall be assigned to UN 2814, UN 2900 or UN 3549 as appropriate. Solid medical waste containing Category A infectious substances generated from the medical treatment of humans or veterinary treatment of animals may be assigned to UN 3549. The UN 3549 entry shall not be used for waste from bio-research or liquid waste;
ELECTRIC STORAGE SYSTEMS Anyone who follows the regulatory meetings these days knows that some discussion of lithium batteries is inevitable and the July session of the UN Sub-committee was no exception. On this occasion the Medical Device Battery Transport Council (MDBTC) provided a draft of a test summary document, designed to meet the requirement agreed at the previous session for manufacturers and distributors of lithium batteries to pass information regarding the 38.3 Test along the supply chain.
After discussion and further debate during a lunchtime working group, the Sub-committee adopted a change to 2.9.4(g), which had been added at the 50th session, to indicate that the requirement applies only to cells and batteries manufactured after June 2003. Some editorial changes were also made to 38.3.5(f) in the Manual of Tests and Criteria. The Sub-committee recommended that these be reflected by the modal authorities when updating their regulations to reflect the provisions of the 20th revised edition of the Model Regulations.
MDBTC and other interested bodies will continue work to finalise the test summary document. It was recommended that this document should only be required as from 1 January 2020, meaning that it would become
a requirement under all the modal regulations at the same time.
The previous biennium had included the beginning of work aimed at developing a hazard-based system for the classification of lithium batteries; such a system would, it is hoped, put an end to the need for constant revision of the provisions. France presented a document on behalf of an informal working group and the Sub-committee passed discussion of the document on to a lunchtime working group.
The Sub-committee approved the report of that group and noted that France would host a small meeting of interested delegates willing to organise and present their test data. An informal working group was to be hosted before the next session, with a further report expected to be considered at that December meeting.
Switzerland had spotted an inconsistency between special provisions 239 and 388 in respect of cells and batteries installed in vehicles. SP 239 refers only to UN 3171, whereas SP 388 refers to both UN 3171 and 3166. Its paper proposed adding “and 3166” to the last sentence of SP 239. The experts felt that it would be better just to delete that last sentence, as the matter is covered in SP 388.
Switzerland also thought it would be useful to refer to other types of battery-powered equipment and batteries in SP 388 and proposed an addition to the seventh paragraph of that special provision. During discussion it was pointed out that the fifth paragraph would also need revision. After some debate, the proposal was withdrawn.
A further paper from Switzerland asked the Sub-committee to find a way to avoid the need for competent authority involvement when transporting damaged or defective lithium cells and batteries contained in vehicles and equipment. It proposed adding provisions into SP 388 similar to those already in SP 310.
The Sub-committee noted that, once batteries are removed from the vehicle in which they were installed, they should be transported under the relevant UN entry for the type of battery concerned rather than UN 3166 or 3171. As such, SP 388 would not apply. It was also pointed out that this issue is addressed in ADR under special provision 667. The expert from Switzerland withdrew the proposal.
The International Air Transport Association (IATA) noted that there are provisions throughout the Model Regulations specifying the size of the text required for proper shipping names, UN numbers and other words on marks on packages. However, when the lithium battery mark was introduced for packages prepared in accordance with SP 188 there was no specification for the size of the UN number. IATA felt this needed addressing, as it was already raising questions during transport.
The overall feeling of the Sub-committee was that such a move would not represent a significant improvement to safety. Furthermore, pre-printed marks are already available on »
the market and, if a change were to be made, there would have to be a transitional provision. In the end, the IATA representative said that he would not follow up on the proposal unless significant problems were encountered in practice.
Another lengthy paper from Switzerland sought clarification of some points of special provision 389, which applies to UN 3536 lithium batteries installed in cargo transport units. The Sub-committee confirmed that the term ‘cargo transport unit’ covers not just containers but also multimodal freight containers, vehicles or wagons. It did, though, agree that some changes were needed and adopted the following amendments.
In special provision 360, “consigned under” is replaced by “assigned to”; a new sentence is added at the end: Lithium batteries installed in cargo transport units, designed only to provide power external to the transport unit shall be assigned to entry UN 3536 LITHIUM BATTERIES INSTALLED IN CARGO TRANSPORT UNIT.
In special provision 388, a similar sentence is added to the end of the seventh paragraph: Lithium ion batteries or lithium metal batteries installed in a cargo transport unit and designed only to provide power external to the cargo transport unit shall be assigned to the entry UN 3536 LITHIUM BATTERIES.
The expert from Switzerland withdrew the remaining five proposals in the paper.
Another paper from Switzerland, as well as one from Germany, returned to the question of exempting lithium battery powered tracking devices and data loggers attached to cargo transport units or packages, which had come up several times before. While there was still no consensus on a resolution, the Sub-committee did decide to provisionally adopt a revised sub-paragraph (c) to 1.1.1.2: Lithium battery powered cargo tracking devices or data loggers attached to packages, overpacks or cargo transport units if they meet the following: (i) Each cell or battery meets the applicable provisions of 2.9.4; (ii) The batteries and cells are afforded protection by an outer casing of adequate strength and design or by the device in which
they are contained to prevent damage under normal conditions of transport.
This will be confirmed after intersessional work led by the Netherlands on the scope of 1.1.1.2.
TRANSPORT OF GASES The Compressed Gas Association (CGA) and the European Industrial Gases Association (EIGA) provided an update on work towards the mutual recognition of pressure receptacles between the EU and US. CGA had initiated a petition for rulemaking with the US Department of Transportation (DOT) to authorise the import of UN and non-UN pressure receptacles into the US; in parallel, EIGA has made initial proposals to the RID/ ADR/ADN Joint Meeting. The two associations said these moves should lay the foundations for the global recognition of pressure receptacles.
A paper from Germany recommended that adsorbed gases be added to the exemption provided in 2.2.2.3 for gases of Division 2.2. There was no consensus on this proposal and a revised paper will be presented at the next session.
Another paper from Germany proposed revision of 6.2.1.1.9, which deals with construction requirements for pressure receptacles used for the carriage of acetylene. After discussion, however, the paper was withdrawn.
The International Organisation for Standardisation (ISO) informed the Sub-committee of recent work on standards relating to gas cylinders, with four proposals for amendments to the Model Regulations. Three of these were adopted, with some corrections, while the fourth requires further work.
In special provision 379(d)(i), 4.1.6.1.2, 6.2.2.2 and 6.7.5.2.4(a), “ISO 11114-1:2012” is replaced by “ISO 11114-2:2012 + Amd 1:2017”.
In Packing Instruction P100(4), the reference to ISO 24431:2006 is updated to ISO 24431: 2016 Gas cylinders – Seamless, welded and composite cylinders for compressed and liquefied gases (excluding acetylene) – Inspection at time of filling.
In the second sentence of the penultimate paragraph of 4.1.6.1.8, “annex A of ISO 10297:2006 or annex A of ISO 10297:2014” is replaced by “annex A of ISO 10297:2006, annex A of ISO 10297:2014 or annex A of ISO 10297 + Amd 1:2017”. Applicability of ISO 10297:2014, as shown in the first table in 6.2.2.3, is changed from “Until further notice” to “Until 31 December 2022”.
A second paper from ISO raised some questions that could not be answered at this point, although the Sub-committee did agree to amend the first sentence of 6.7.5.2.3 by adding “or composite construction” after “stainless steel”.
CGA and EIGA, in an informal document, informed the Sub-committee that they were intending to initiate discussions on the »
THE RANGE OF TOPICS ON WHICH THE UN EXPERTS
ARE EXPECTED TO ADJUDICATE GETS EVER WIDER, NOW ENCOMPASSING AUTOMOTIVE BATTERIES (LEFT)
conformity assessment of closures of pressure receptacles. At present there are different approaches taken to this issue in different countries and it would be helpful if a common position could be developed. Interested parties were invited to contact CGA or EIGA.
MISCELLANEOUS PROPOSALS Having failed with its proposal for a minimum size of the UN number in the lithium battery mark, IATA had more success with its complaint that the specification of a 2 mm minimum width for the line inside the edge forming the diamond of hazard labels, as introduced in the 18th revised edition of the Model Regulations, was causing problems in transport as some authorities were interpreting this exactly, to the point where a package on which the line was 1.9 mm might be stopped.
The Sub-committee agreed that this is a ridiculous position to be in and adopted IATA’s proposal to amend 5.2.2.2.1.1.2 to read: The label shall be in the form of a square set at an angle of 45 degrees (diamond-shaped). The minimum dimensions shall be 100 mm x 100 mm. There shall be a line inside the edge forming the diamond which shall be parallel and approximately 5 mm from the outside of that line to the edge of the label.
It was noted that similar provisions exist elsewhere in the Model Regulations, such as those applicable to placards, and IATA was invited to check to see if other amendments might be appropriate.
Germany initiated a discussion of the marking for the maximum permissible stacking load for intermediate bulk containers (IBCs), noting that when this provision was first discussed in 2005 and 2006, the intention had been to have a single marking on the metal plate. However, in the adoption of the provision, the text in the Model Regulations can be interpreted as requiring two separate markings.
The Sub-committee agreed that the provisions in 6.5.2.2.1 and 6.5.2.2.2 could benefit from clarification. However, it was recalled that the maximum permitted stacking load is different from the stacking test load. Germany offered to prepare an official proposal for the next session.
The UK informed the Sub-committee that it was in the process of developing proposals to amend Chapters 6.1 and 6.6 to recognised hazards posed by articles containing dangerous goods that may inadvertently catch fire, evolve excessive heat or have the possibility of a violent rupture. This work follows the approach being taken by ICAO on the packaging of lithium batteries, while aiming for a system that would be simpler and cheaper to implement and easier to monitor.
Some delegations appeared to be daunted by the prospect of what is likely to be a lengthy and wide-ranging project but those with an interest in making a contribution to the work were invited to contact the UK expert.
Russia proposed an amendment to 5.5.3 to make it clear that its provisions apply to substances used in cargo transport units to protect against the formation of a flammable or explosive atmosphere, as well as to those used to cool or condition the cargo. This stems from the use of nitrogen to protect against explosion when terephthalic acid is transported in liner bags within containers, as is common in Russia and other CIS countries.
Some delegations were of the opinion that protective agents are covered by the term ‘conditioner’, though it might things clearer if this were specified in a note. Austria felt that words such as “AS COOLANT” or “AS PROTECTIVE AGENT” should not be introduced on the warning mark since they are not related to hazard communication. The expert from Russia said he would consult with his Austrian counterpart and prepare a revised proposal for the next session.
GLOBAL HARMONISATION The Dangerous Goods Trainers Association (DGTA) raised the issue of competencybased training, something that ICAO is in the process of introducing across its spectrum of responsibility, including the training of dangerous goods employees. DGTA suggested that the Sub-committee might consider whether a competencybased framework should be included within the Model Regulations, for application by the modal and national regulators, and whether this should be included as a work item for the current biennium.
The Sub-committee expressed interest in obtaining more information, particularly in respect of preliminary results or the outcome of surveys related to competency-based training. If more information is provided, the
CHANGES HAVE BEEN PROVISIONALLY AGREED TO RECOGNISE
THE NEED TO MOVE WASTE MATERIAL CONTAMINATED WITH
CATEGORY A INFECTIOUS SUBSTANCE (ABOVE) AND BATTERIES
Sub-committee would be happy to continue discussions at the next session.
The Secretariat provided a paper containing a number of necessary corrections to the 20th revised edition of the Model Regulations that had been spotted during the work of the Ad Hoc Working Group on the Harmonisation of RID/ADR/ADN with the UN Recommendations. These were largely adopted by the Subcommittee, though some will require further thought and possibly even a formal proposal before they can be changed. A second paper from IMO included other necessary corrections picked up by its Editorial and Technical Group at its May 2017 session.
Many of the corrections are editorial in nature, although some of the others are quite significant. At present, the corrections are not reflected in the electronic version of the UN Model Regulations available on the UN ECE website and the corrigendum has not yet been published. Those interested in looking at the corrections in detail can find them in Annex I to the official report on the July meeting in the document ST/SG/AC.10/C.3/102/Add.1.
In an informal document, IATA noted that ICAO had also assigned special provision 238, which allows for the exemption of UN 2800 batteries, wet, non-spillable, to UN 3171 battery-powered vehicle/battery-powered equipment, on the grounds that, if the battery powering the vehicle is exempted, then the vehicle powered by the battery should also be exempted. This reasoning seemed sensible but the Sub-committee said any change to the Model Regulations would have to be made on the basis of an official proposal.
France reported on ongoing work to address issues raised by the replacement of the cellulose used as reference material in the O.1, O.2 and O.3 tests for oxidising substances. It expects that a formal proposal should be ready in time for the July 2018 session of the TDG and GHS Sub-committees.
The Sub-committee also noted progress being made by the Working Group on the use of the Manual of Tests and Criteria in the context of the GHS. The experts made some suggestions about specific issues that warranted careful consideration.
A paper from the US, on behalf of an informal correspondence group, reported on word done so far on the potential development of a global list of chemicals classified in accordance with the GHS. The paper alerted the Sub-committee to the fact that, on the basis of a pilot project carried out on a limited number of substances, further work in this direction could lead to the need to amend current classifications. Furthermore, as work progresses it seems inevitable that discrepancies will be identified between existing classifications. HCB
The 52nd session of the TDG Sub-committee was scheduled to take place between 27 November and 6 December; a report on that meeting will be included in a forthcoming issue of HCB.
