Main changes in the Model Regulations

THE NEW ORANGE

MULTIMODAL • THE LATEST REVISION TO THE UN MODEL REGULATIONS IS THANKFULLY FAIRLY LIGHT ON MAJOR CHANGES. DUTYHOLDERS DO NEED TO REMAIN ALERT, THOUGH

AT ITS NINTH session in Geneva on 7 December 2018, the UN Committee of Experts on the Transport of Dangerous Goods (TDG) and on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) formally adopted the amendments agreed by the two subcommittees during the 2017-18 biennium.

The Committee itself made no further changes, other than to agree that the reference to the Recommendations on the Transport of Dangerous Goods in the title of the Manual of Tests and Criteria is no longer appropriate, as the Manual is now also relevant for GHS. That change will be reflected in the seventh revised edition of the Manual, due to be published this year.

The amendments that will appear in the 21st revised edition of the UN Recommendations on the Transport of Dangerous Goods (also known as the ‘Model Regulations’ or ‘Orange Book’) will be transposed into the modal regulations as from the start of 2021; those with responsibilities under those regulations – the IMDG Code, the ICAO Technical Instructions, ADR/RID/ ADN, 49 CFR etc – will do well to take note of what is likely to be coming along in the not-too-distant future, although it is worth remembering that the modal authorities may well amend the details or ignore them altogether. Those authorities will also have new amendments of their own.

This year’s list of amendments is short on headline changes. There are, for instance, only four new entries in the Dangerous Goods List, three of which share the same proper shipping name. However, there are numerous smaller changes and the document prepared by the UN Economic Commission for Europe (ECE) Secretariat, which lists all the amendments, runs to 29 pages.

This article highlights some of the main changes that will impact various participants in the supply chain from 2021 onwards; those subject to the various regulations are advised to check the document closely to see if their operations are likely to be

CHANGES TO THE MODEL REGULATIONS WILL AFFECT ALL

affected. The document, ST/SG/AC.10/46/ Add.1, is available on the UN ECE website at www.unece.org/trans/main/dgdb/dgcomm/ ac10rep.html.

PART 1 Following discussion at the December 2018 session of the UN TDG Sub-committee, a new Note 4 is added to 1.1.1.2, pointing users to the new 5.5.4 that provides exemptions from the regulations for battery-powered equipment, such as telematics units and data loggers, attached to vehicles or cargo units carrying dangerous goods.

There are two new definitions in 1.2.1, for ‘dose rate’ and ‘self-accelerating decomposition temperature’. The entry for ‘radiation level’ is deleted.

In the security provisions in Chapter 1.4, new rows are added to the Indicative List of high consequence dangerous goods in Table 1.4.1. These include the new UN 0512 and 0513 entries (see below under Part 3), explosives of Division 1.6, and the new UN 3549 entry for Category A medical waste.

There are a number of changes in Chapter 1.5 to align with the revised International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material. Other changes specific to Class 7 materials are found throughout the Model Regulations, especially in Chapters 2.7 and 6.4 and Sections 4.1.9 and 5.1.5; those with an interest in this sector are advised to consult the IAEA publication as a first step.

PART 2 A clarification to the relatively new Section 2.0.5 clarifies that, while the section does not apply to dangerous goods of Class 1, Division 6.2 or Class 7, it does apply to articles containing explosives which are excluded from Class 1 in accordance with 2.1.3.6.4.

There are some apparently small changes in Chapter 2.1 on the classification of explosives; these may, though, have a significant impact on classification and therefore transport procedures. Those likely to be affected are advised to check carefully.

Chapter 2.2, which deals with the classification of gases, also features a few changes; the concept of ‘chemicals under pressure’ is inserted in 2.2.1.3 and the Note to 2.2.2.1. References to the ISO 10156 standard are updated to the 2017 edition.

In the Note to 2.4.3.2.3.1, relating to selfheating substances, the exception for Type G self-reactive substances is removed. There are a number of detailed changes in the table of organic peroxides in packages in 2.5.3.2.4.

In Chapter 2.6, reference is added where relevant to the new UN 3549; this is found in 2.6.3.2.1, 2.6.3.2.3.9(a) and 2.6.3.5.1, which is amended to read: Medical or clinical waste containing: (a) 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; (b) Category B infectious substances shall be assigned to UN 3291.

In Chapter 2.8 on the classification of corrosive substances, 2.8.3.2 is updated to reflect new OECD Test Guidelines and a new sentence is added at the end: If the in vitro test results indicate that the substance or mixture is corrosive and not assigned to packing group I, but the test method does not allow discrimination between packing groups II and III, it shall be considered to be packing group II.

PART 3 The following new UN numbers are added to the Dangerous Goods List in Chapter 3.2: • UN 0511 detonators, electronic programmable for blasting, 1.1B • UN 0512 detonators, electronic programmable for blasting, 1.4B • UN 0513 detonators, electronic programmable for blasting, 1.4S • UN 3540 medical waste, category A, affecting humans, solid or medical waste, category A, affecting animals only, solid, 6.2. The proper shipping name in column (2) for UN 3363 is amended by the addition of ‘dangerous goods in articles’.

There are a lot of changes to the special provisions and their assignment in the Dangerous Goods List. In SP 239, the last sentence is removed; this said that batteries installed in vehicles (UN 3171) are not subject to the regulations other than in air transport.

SP 274, which requires the technical name to be shown on documentation and package marking, has been a thorn in the side of many for some time. There is now some relief in an addition to the text in the form of an additional paragraph: For UN 3077 and UN 3082 only, the technical name may be a name shown in capital letters in »

column 2 of the Dangerous Goods List, provided that this name does not include “N.O.S.” and that special provision 274 is not assigned. The name which most appropriately describes the substance or mixture shall be used, e.g.: UN 3082, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S. (PAINT) UN 3082, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S. (PERFUMERY PRODUCTS)

An amendment has been made to SP 327 to extend its applicability to waste gas cartridges; that includes a new sentence: Waste gas cartridges, other than those leaking or severely deformed, shall be packed in accordance with packing instruction P003 and special packing provisions PP17 and PP96, or packing instruction LP200 and special packing provision L2.

Also, an additional paragraph is added at the end: Waste gas cartridges that were filled with gases of Division 2.2 and have been pierced are not subject to these Regulations.

SP 360 has been clarified. It will now read: Vehicles only powered by lithium metal batteries or lithium ion batteries shall be assigned to the entry UN 3171 BATTERY POWERED VEHICLE. 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.

A similar clarification has been added to SP 380.

SP 370 has been subject to some amendment after it was found to be being applied inconsistently. In particular, a new paragraph is added: This entry shall not be used for ammonium nitrate for which a proper shipping name already exists in the Dangerous Goods List of Chapter 3.2 including ammonium nitrate mixed with fuel oil (ANFO) or any of the commercial grades of ammonium nitrate.

In SP 376, which deals with damaged or defective cells and batteries, the Note that describes the necessary assessment or evaluation has been reworded and extended.

There are four new special provisions: • SP 390, which deals with packages containing a combination of lithium batteries contained in and packed with equipment; • SP 393 and 394, which deal with nitrocellulose used in prescribed tests; and • SP 395, which applies to UN 3549 and clarifies its applicability.

In Appendix B there is a new definition for detonators, electronic programmable for blasting (the new UN 0511, 0512 and 0513): Detonators with enhanced safety and security features, utilizing electronic components to transmit a firing signal with validated commands and secure communications. Detonators of this type cannot be initiated by other means.

PART 4 An important addition, prompted largely by industry, has been made in the new 4.1.1.3.1: Packagings, including IBCs and large packagings, may conform to one or more than one successfully tested design type and may bear more than one mark.

In packing instruction P003, a new special packing provision PP96 is added: For UN 2037 waste gas cartridges transported in accordance with special provision 327, the packagings shall be adequately ventilated to prevent the creation of dangerous atmospheres and the build-up of pressure.

In packing instruction P200, table 2, a number of LC50 values have been radically amended (see HCB April 2019, page 67). In packing instruction P206, a new special provision PP97 is added: For fire extinguishing agents assigned to UN 3500 the maximum test period for periodic inspection shall be 10 years. They may be transported in tubes of a maximum water capacity of 450 l conforming to the applicable requirements of Chapter 6.2.

In both P400 and P404, an amendment has been made to the closure requirements for inner packagings; this responds to concerns over the use of threaded closures when used with pyrophoric solids. New text has been added: Inner packagings shall have threaded closures or closures physically held in place by any

means capable of preventing back-off or loosening of the closure by impact or vibration during transport.

There is a new packing instruction P622 and large packing instruction LP622 for UN 3549. The existing P801 for UN 2794, 2795 and 3028 has been largely revised. A new paragraph (5) in P903 deals with the packaging of cells or batteries packed with and contained in equipment.

A new 4.2.3.7.3 requires that the actual holding time for portable tanks carrying refrigerated liquefied gases is entered in the transport document; this is expanded upon in a new 5.4.1.5.13.

Portable tank special provision TP19 has been revised, and will now read: At the time of construction, the minimum shell thickness determined according to 6.7.3.4 shall be increased by 3 mm as a corrosion allowance. Shell thickness shall be verified ultrasonically at intervals midway between periodic hydraulic tests and shall never be lower than the minimum shell thickness determined according to 6.7.3.4.

PART 5 There is some clarification in 5.2.1.1 on the size of the text that must be used on smaller packagings and in 5.2.1.9 on the size of the lithium battery mark.

Some relief has been provided in terms of the form of labels, which had been causing problems during enforcement. Paragraph 5.2.2.2.1.1.2 has been revised and will now 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.

In 5.5.3, a note has been added to explain that the term ‘conditioning’ may be interpreted more widely and used, for instance, to cover material introduced into a cargo transport unit for the purposes of protecting the cargo during transport.

A new 5.5.4 has been added to deal with dangerous goods contained in equipment (for instance, data loggers and cargo tracking devices) intended for use during transport (see page 100).

PART 6 There are a number of changes to the provisions for the construction and testing of packagings in Chapter 6.1. These include a revision to 6.1.3.1 to introduce allowances for the marking of smaller packagings, similar to the clarification in 5.2.1.1. In response to industry concerns, in the note explaining the asterisk in 6.1.3.1(e), the second sentence is amended to read: In such a case and when the clock is placed adjacent to the UN design type mark, the indication of the year in the mark may be waived. However, when the clock is not placed adjacent to the UN design type mark, the two digits of the year in the mark and in the clock shall be identical. »

The new 4.1.3.1.1 is accompanied by a new 6.1.3.13: Where a packaging conforms to one or more than one tested packaging design type, including one or more than one tested IBC or large packaging design type, the packaging may bear more than one mark to indicate the relevant performance test requirements that have been met. Where more than one mark appears on a packaging, the marks must appear in close proximity to one another and each mark must appear in its entirety.

A new paragraph has been inserted as 6.1.4.2.6 (for aluminium drums) and 6.1.4.3.6 (for metal drums not made of steel or aluminium), with existing paragraphs being renumbered: If materials used for body, heads, closures and fittings are not in themselves compatible with the contents to be transported, suitable internal protective coatings or treatments shall be applied. These coatings or treatments shall retain their protective properties under normal conditions of transport.

In Chapter 6.2 there is the usual lengthy list of updates to ISO and EN standards. These mostly apply to gas cylinders,

A clarification is made in the form of a Note to 6.2.2.7.2(c) (for refillable UN pressure receptacles) and 6.2.2.9.2(c) (for UN metal hydride storage systems): For the purpose of this mark the country of approval means the country of the competent authority that authorized the initial inspection and test of the individual receptacle at the time of manufacture.

The title of Chapter 6.3 has been amended so as to clarify its applicability, through the addition of “(UN 2814 and UN 2900)” at the end.

In the provisions for intermediate bulk containers (IBCs) in Chapter 6.5, a new 6.5.2.1.3 provides for IBCs to conform to one or more design type. A similar addition is made at 6.6.3.4 for large packagings.

There has been an attempt to clarify the role of the symbol used to indicate the maximum permitted stacking load for IBCs; reference to the mark is now deleted from

THE UN EXPERTS PICKED UP ON CHANGES FOR the table of additional marks in 6.5.2.2.1. The words “when the IBC is in use” are deleted from the first sentence of 6.5.2.2.2 and a similar change is made relative to large packagings in 6.6.3.3.

There had been confusion over the necessity to have marks on the inner receptacle of composite IBCs visible during use. The experts had decided to make it clear and have amended the last sentence of the first paragraph of 6.5.2.2.4 to read: They shall be durable, legible and placed in a location so as to be readily accessible for inspection after assembling the inner receptacle in the outer casing. When the marks on the inner receptacle are not readily accessible for inspection due to the design of the outer casing, a duplicate of the required marks on the inner receptacle shall be placed on the outer casing preceded by the wording “Inner receptacle”. This duplicate shall be durable, legible and placed in a location so as to be readily accessible for inspection.

In the second paragraph, the second sentence is revised to read: In such a case, the date may be waived from the remainder of the marks.

Despite objections from some, changes have been made to the thickness requirements for the bodies of metal IBCs. A new introductory sentence in 6.5.5.1.6 clarifies that the change only applies to metal IBCs with a capacity of more than 1,500 litres; the values in the table are amended.

In response to a UK effort, a new 6.7.2.19.6.1 is added: Except as provided for in 6.7.2.19.6, portable tanks which have missed the timeframe for their scheduled 5 year or 2.5 year periodic inspection and test may only be filled and offered for transport if a new 5 year periodic inspection and test is performed according to 6.7.2.19.4.

Similar text is added at 6.7.3.15.6 and 6.7.4.14.6.1. HCB