Changes to ADR 2021

DEVIL IN THE DETAIL

ROAD • NEXT YEAR’S ADR WILL BE PUBLISHED SHORTLY. THERE ARE A FEW SIGNIFICANT CHANGES BUT A LOT OF APPARENTLY MINOR AMENDMENTS THAT WILL AFFECT MANY USERS

THE 2021 TEXT oof the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) enters into force on 1 January 2021, with a six-month transitional period within the EU (and the UK). For those familiar with the two volumes contained in Annexes A and B to ADR, one obvious change will appear on the front cover – the word ‘European’ will no longer come in front of ‘Agreement’ as, after several years of discussion and reflecting the fact that ADR is widely used (and not just by signatory states) elsewhere in the world, it has been decided it is now an obstacle to road safety in the world at large.

Changes within the covers of the two documents will, though, be less extensive than is normal for the biennial update. As with other organisations around the world, restrictions relating to the Covid-19 pandemic curtailed the ability of the body responsible for ADR – the UN Economic Commission for Europe’s (UN ECE) Working Party on the Transport of Dangerous Goods (WP15) – to complete its deliberations. In particular, the postponement of WP15’s session scheduled for May 2020 meant that a lot of the work to finalise outstanding issues was left unfinished. On the basis of previous experience, this was the last chance to have significant amendments agreed and adopted – and there had been a number of issues left over from the previous sessions. From a legal standpoint, the notification of changes for 2021 had to be deposited with the UN no later than 1 July 2020.

Having lost that opportunity in May to make further changes, WP15 has limited the update to ADR to those decisions taken at the previous three sessions, which were partly based on the deliberations of the Joint Meeting of Experts on RID/ADR/ADN (necessary to ensure modal harmonisation with rail and inland waterway transport) and partly on the latest, 21st revised edition of the UN Model Regulations. A few outstanding items crucial for modal harmonisation were agreed by correspondence subsequent to the postponed May session, along with some amendments critical for safety that had been put forward by the Working Groups on Tanks and Standards, not least those in Parts 8 and 9, which are not drawn from the UN Model Regulations.

The 108th session originally scheduled for May has been rearranged for 9 to 13 November; as of writing, it cannot be stated with confidence that this session will go ahead. It is due to discuss the items placed on the agenda for the May session, but any significant decisions taken will be too late for inclusion in the 2021 text of ADR – although any deemed sufficiently safety-critical may be anticipated through multilateral special

THE ADR REGULATIONS GOVERN A WIDE ARRAY

agreements, should contracting parties feel so inclined.

HEADLINE CHANGES There is, as this issue of HCB went to press, no consolidated list of amendments adopted thus far, although formal adoption was scheduled for 1 October. A document published in February at the request of WP15 following its 107th session has been augmented by a set of corrections and an addendum, detailing the further changes agreed through correspondence.

What is apparent is that there are no overarching changes of any major importance, unlike in other years. There are some that will affect certain shippers and carriers, but nothing of the extent of the new ‘Articles containing dangerous goods’ or the new approach to polymerising substances that have appeared in recent updates. This article attempts to summarise some of the more significant amendments included in the 2021 text.

To start with the Dangerous Goods List – which is always the starting point for using ADR – there are only four new entries. Three of these – UN 0511, 0512 and 0513 – relate to Detonators, electronic, programmable for blasting, assigned to Divisions 1.1B, 1.4B and 1.4S, respectively. These articles have been in use for some time but were not accurately represented in the Dangerous Goods List. The fourth new entry is UN 3549, Medical waste, Category A, solid; this was added as a result of problems experienced in the response to the Ebola virus outbreaks in Africa in 2014 to 2016, which generated large volumes of solid waste that could not be transported fully in compliance with the regulations in effect at the time.

These new entries are accompanied by packing instructions, special provisions and other measures in various parts of the regulations.

The increasing use of telematics systems, sensors and other ‘data loggers’ on transport assets has raised questions over their place in the dangerous goods regulations. This has now been clarified by an addition to 1.1.3.7(b), which provides an exemption for electric energy storage systems and such like, which are contained in equipment “used or intended for use during carriage”. Data loggers and cargo tracking devices are now excluded from this exemption and, instead, are dealt with under a new 5.5.4, which reads: 5.5.4 Dangerous goods contained in equipment in use or intended for use during carriage, attached to or placed in packages, overpacks, containers or load compartments 5.5.4.1 Dangerous goods (e.g. lithium batteries, fuel cell cartridges) contained in equipment such as data loggers and cargo tracking devices, attached to or placed in packages, overpacks, containers or load compartments are not subject to any provisions of ADR other than the following: (a) the equipment shall be in use or intended for use during carriage; (b) the contained dangerous goods (e.g. lithium batteries, fuel cell cartridges) shall meet the applicable construction and test requirements specified in ADR; and (c) the equipment shall be capable of withstanding the shocks and loadings normally encountered during carriage. 5.5.4.2 When such equipment containing dangerous goods is carried as a consignment, the relevant entry of Table A of Chapter 3.2 shall be used and all applicable provisions of ADR shall apply.

There are two problems that have emerged with this new provision. Firstly, the International Civil Aviation Organisation (ICAO) wanted to limit the power rating of the lithium batteries covered in 5.5.4, so as not to leave the potential for large batteries being transported on aircraft without their hazard being communicated; as a result, there will be modal disharmony (although this might be addressed in a correction at some point). Secondly, it is far from clear how shippers of non-dangerous goods, such as foodstuffs, are to know about 5.5.4 if they are using tracking devices on their shipments.

NOTABLE CHANGES In Chapter 1.2, there are a number of changes to the definitions, many relating to radioactive materials. These include the replacement of ‘Radiation level’ with ‘Dose rate’, reflecting

THE TRANSPORT OF SOLID MEDICAL WASTE

a change in use throughout the regulations. There are also amendments to the definitions of ‘Self-accelerating decomposition temperature (SADT)’ and ‘Self-accelerating polymerisation temperature (SAPT)’. Also, following input from the tank container industry, the definition of ‘Tank-container/portable tank operator’ has changed to mean “any enterprise in whose name the tank-container or portable tank is operated”.

Chapter 1.6 contains a number of significant amendments to the provisions for packages for use with radioactive materials, following changes in the International Atomic Energy Agency’s (IAEA) Regulations for the Safe Transport of Radioactive Material.

In 1.8.5.1, ‘unloader’ is added to the list of persons responsible for making an accident report.

In Chapter 2.3 there is a revision to 2.3.2.1 on the classification criteria of nitrocellulose, introducing the possibility of using the methyl violet paper test as well as the BergmannJunk test.

One change that may have wide applicability is found in a new 3.1.2.8.1.4: For UN Nos 3077 and 3082 only, the technical name may be a name shown in capital letters in column 2 of Table A of Chapter 3.2, 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).

This avoids the need to include a technical name; it was thought that as such names are often lengthy and confusing to non-chemists, their use in terms of hazard communication offers little value.

Elsewhere in Chapter 3, there are amendments to around 25 special provisions and one significant new one, SP 390, which deals with the marking and documentation requirements when a package contains a combination of lithium batteries contained in and packed with equipment. Other new special provisions deal with nitrocellulose classification, solid medical waste of Category A (the new UN 3549), and a prohibition on the mixed loading of polymeric beads (UN 2211) and plastics moulding compounds (UN 3314) with explosives, other than 1.4S.

In Chapter 4 there are some 30 changes to the packing instructions, mostly minor in nature, although there is a new P622 (and LP622) to deal with UN 3549. P801 for lithium batteries has been amended, with the former P801a deleted, and there are some changes to P903. A new special packing provision PP96 in P003 requires ventilation for packagings containing waste gas cartridges of UN 2037.

One important change is in 4.1.1.3, which is now headed “Design type”. A new 4.1.1.3.2 reads: 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 4.2.5.3, TP19 is amended to 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.

SECOND HALF Chapter 5.2 contains a number of changes to the required sizes of some marks, labels and lettering on packages. For instance, the second sentence of 5.2.1.1 now reads: The UN number and the letters “UN” shall be at least 12 mm high, except for packages of 30 l capacity or less or of 30 kg maximum net mass and for cylinders of 60 l water capacity or less when they shall be at least 6 mm in height and except for packages of 5 l capacity or less or of 5 kg maximum net mass when they shall be of an appropriate size.

The minimum size of the lithium battery mark (5.2.1.9.2) will now be 100 mm x 100 mm, though the way the amendment is worded allows the continued use of existing marks, which are larger, which will be of benefit to those using pre-printed boxes.

In Chapter 5.4, dealing with documentation, there is a clarification in 5.4.1.1.1(k), which now reads: for carriage that includes passage through tunnels with restrictions for carriage of dangerous goods, the tunnel restriction code given in Column (15) of Table A of Chapter 3.2, in capitals within parenthesis, or the mention ‘(–)’.

There are some changes in 5.5.3 on the carriage of UN 1845 dry ice; notably, the first sentence of 5.5.3.4.1 will now begin: Packages containing dry ice (UN 1845) as a consignment shall be marked “CARBON DIOXIDE, SOLID” or “DRY ICE”;

CHANGES TO ADR WILL AFFECT THE DOCUMENTATION

REQUIREMENTS FOR DRY ICE AND PROVIDE DETAILED

REQUIREMENTS ON THE USE OF DATA LOGGERS,

Chapter 6.1 contains a number of new and revised provisions. Of particular note are the replacement of the second sentence of 6.1.3.1(e) 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.

There is also an important new 6.1.3.14: 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 shall appear in close proximity to one another and each mark shall appear in its entirety.

Similar text appears in new 6.5.2.1.3 for IBCs and 6.6.3.4 for large packagings.

Also new are 6.1.4.2.6 (for aluminium drums) and 6.1.4.3.6 (for drums of meal other than aluminium or steel), both of which read: If materials used for body, heads, closures and fittings are not in themselves compatible with the contents to be carried, suitable internal protective coatings or treatments shall be applied. These coatings or treatments shall retain their protective properties under normal conditions of carriage.

As ever, there are a range of new and updated standards referenced in Chapter 6.2, relating to gas cylinders and LPG equipment and in Chapter 6.8 relating to tanks.

In Chapter 6.5, the minimum wall thickness requirements for metal IBCs have been amended (6.5.5.1.6).

In Chapter 7.5, there are some changes to the CV codes, mainly to do with radioactive materials, though there is a significant revision in CV36 to require a warning notice when gas exchange between the load compartment and the driver’s cab cannot be prevented.

In Chapter 8.5, three of the safety codes – namely S1(6), S16 and S21 – have been amended to make specific mention of the security plan.

There is a new paragraph in 9.1.3.4 to state: The vehicle shall not be used for the carriage of dangerous goods after the nominal expiry date until the vehicle has a valid certificate of approval.

As noted earlier, it is important that all those subject to the provisions of ADR look closely through the new text as there are very many other changes that may affect their operations. Once finalised, the 2021 text will be made available electronically on the UN ECE website at www.unece.org/trans/danger/ danger.html.