News bulletin – regulations

NEWS BULLETIN

REGULATIONS

CSB GETS ITS ACT TOGETHER

The US Chemical Safety Board (CSB) has published a notice of proposed rulemaking (NPRM) on the reporting of accidental releases. The proposed rule, which appeared in the Federal Register on 12 December, would ensure that CSB receives prompt and accurate information on any accidental release that meets statutory criteria.

Such a rule was envisaged by the enabling legislation that established CSB as part of the Clean Air Act Amendments in 1990; in 2004 the Department for Homeland Security urged CSB to fulfil this requirement, its Inspector General saying: “The CSB needs to refine its mechanism for learning of chemical incidents, and it should publish a regulation describing how the CSB will receive the notifications it needs.” The Government Accountability Office also recommended that CSB fulfil its statutory obligation in a report published in 2008.

An advanced NPRM was issued in June 2009 and in February 2019 a US District Court ordered CSB to complete the process within 12 months.

Comments on the NPRM must be submitted by 13 January.

IMDG STANDS CORRECTED

The International Maritime Organisation (IMO) has issued a corrigendum to Amendment 39-18 to the International Maritime Dangerous Goods (IMDG) Code, which became mandatory on 1 January. The changes are largely editorial in nature but do correct some significant mistakes in the printed version, which has been available for use for a year now.

Pending the availability of the corrigendum on the IMO website, Exis Technologies has kindly posted it on its Hazcheck Systems website at https://hazcheck.existec.com/ imdg-code-amendment-39-18-december-2019corrigenda.aspx.

MANUAL UPDATE

The Seventh Edition of the UN Manual of Tests & Criteria has been published by the UN and is available from authorised resellers. The Manual contains criteria, test methods and procedures to be used for the classification of dangerous goods according to the provisions of Parts 2 and 3 of the UN Recommendations on the Transport of Dangerous Goods – the Model Regulations. As such, it is a vital tool for all those placing dangerous goods into the supply chain. The Manual also contains the test requirements for chemicals presenting physical hazards according to the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

ADR GOES GLOBAL

By 30 November, no ADR Contracting Party had registered its opposition to the protocol of amendment, adopted by a Conference of the Parties on 13 May, where it was agreed to drop the word ‘European’ from the title of the ADR Agreement.

As agreed, therefore, as from 1 January 2021 the new title will be the ‘Agreement concerning the international carriage of dangerous goods by road (ADR)’.

CHINA ALIGNS

China’s Ministry of Transport, in cooperation with five other administrations, has published the new Measures for Safety Administration of Road Transport of Dangerous Goods, which took effect on 1 January 2020.

The Measures, which have been in development for five years, represent a major step towards aligning road transport regulations in China with the UN Model Regulations, particularly in areas such as the use of Limited Quantity and Excepted Quantity provisions, tank inspections, and the obligations of consignors and carriers.

CANADA EXPLAINS PLANS

Transport Canada has published an extensive summary of the changes introduced last year to the Emergency Response Assistance Plan (ERAP) requirements in Parts 7 and 8 of the Transportation of Dangerous Goods (TDG) Regulations. A new page on the TC website details the objectives of the amendments, which were based on the work of a dedicated Task Force to enhance public safety in the event of an incident.

There are some significant changes to the

responsibilities of participants in the transport chain, an extension of the requirements’ applicability and some changes in terminology that have implications for all involved. The scope has also been broadened to include certain infectious substances defined as Risk Group 4 human pathogens under the Human Pathogens and Toxins Act.

The amending regulations came into force on 1 June 2019 with a transitional period to the end of February 2020. Compliance with the amended requirements is therefore mandatory from 1 March 2020.

CANADA GOES ELECTRONIC

Transport Canada has opened what it calls its ‘Regulatory Sandbox’ – an open community for brainstorming and encouraging innovation in electronic shipping documents. “This project will allow us to test the use of electronic shipping documents for dangerous goods shipments in a safe way,” says Transport Canada.

The project will help the administration to analyse costs, benefits and safety performance in the use of electronic documents in the transport of dangerous goods, and inform any future rulemaking on the subject.

As part of the project, Transport Canada will issue an equivalency certificate to any Canadian consignor or carrier that can show it can communicate shipping document information to first responders, inspectors, and CANUTEC within five minutes, and fulfil a range of other obligations. Further information is available on the Transport Canada website, www.tc.gc.ca.

LNG BY RAIL ALLOWED

The US Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a special permit to Energy Transport Solutions, allowing the movement of LNG in rail tank cars between specified points in Pennsylvania and New Jersey, and with a number of operational conditions.

PHMSA published a draft environmental assessment on this special permit application in June 2019 and says that the responses to that draft are also being used as input on the notice of proposed rulemaking (NPRM) under HM-264 on the transport of LNG by rail, issued on 24 October 2019. PHMSA is in particular seeking comments on whether the operational conditions imposed under the special permit should also be included in the HM-264 final rule. In response to requests, PHMSA has extended the comment period on that NPRM to 13 January.

UK CAA EASES SCREENING SHIPMENTS

The UK Civil Aviation Authority has issued a general exemption covering the carriage of methanol solution (UN 1992) on passenger aircraft within the UK, when that methanol is related to cervical smear tests and is being shipped by mail. The exemption, published as ORS4 No 1337, supersedes ORS4 No 1214, which is revoked.

GET BETTER AT MIXTURES

The sixth EU-wide Enforcement Forum project, which focused on the classification and labelling of mixtures in accordance with the Classification, Labelling and Packaging of Chemicals (CLP) Regulation, found that 44 per cent of the mixtures inspected were non-compliant in some way. The project inspectors checked nearly 3,400 mixtures and 1,620 companies in 29 countries; 43 per cent of companies were found to have at least one non-compliance issue.

“Manufacturers, importers and downstream users have to put more effort into deriving the right classification for mixtures and communicating it down the supply chain,” says the European Chemicals Agency (ECHA). “This will prevent incorrect information being disseminated in safety data sheets and on labels. Industry should also work on improving the quality of safety data sheets which will in turn lead to improved information flowing through the supply chain.”