18 minute read
Old friends and new at VCA seminar
from HCB-September 2022
GOOD TO BE BACK
CONFERENCE REPORT • THE VCA SEMINAR WAS BACK THIS YEAR AND PACKED A LOT INTO ITS TWO DAYS. OLD FRIENDS AND NEW FACES WERE MUCH IN EVIDENCE IN THE AUDIENCE AND ON THE PODIUM
“I NEVER THOUGHT I’d say this – but it’s good to be back in Daventry,” said Peter Mackay, HCB’s managing editor, as he opened this year’s Dangerous Goods Seminar on 7 June. Chairing the two-day event, organised by the Vehicle Certification Agency (VCA), he also noted that the Daventry Court Hotel had failed to take advantage of the quiet time offered by Covid-related lockdowns to do much in the way of maintenance or renovation, but at least that meant it was a familiar venue for attendees, around half of whom were repeat visitors.
Indeed, the conference room was very busy – if perhaps not to quite the same degree as in previous years – after the 2020 and 2021 events had fallen victim to the pandemic. And while the pandemic continues to bubble away, somewhat more quietly than before, there was little chance to observe social distancing. That was similarly the case during the evening activities, with plenty of delegates taking the opportunity to see what was new and interesting on the exhibition booths while waiting (rather too long for some) for the refreshments to appear. But that did give some time to catch up with old friends, at least those that had made it through the pandemic, and make some new connections, which is always half the benefit of events such as this.
There were, too, plenty of first-timers at the seminar, including many newly qualified dangerous goods safety advisers (DGSAs) keen to keep abreast of the latest changes to the various regulations governing the carriage of dangerous goods. They were treated to the regular ‘primer’ session to make sure they would be able to keep up with discussions, presented – possibly for the last time – by Keith White, head of VCA’s Dangerous Goods Office.
It might be thought that, three years after the previous event, there would be a lot to catch up on but it should be remembered that the regulators were also affected by lockdowns and travel restrictions, meaning that as a result there were fewer changes to the regulations than might have been expected.
GREAT MINSTER REPORT As well as seeing a lot of new faces among the audience, there were also some newbies on the stage, not least from the UK Department for Transport (DfT), which had put up three first-timers to run delegates through the upcoming changes to ADR and RID that will, as a result, will be implemented through the GB’s Carriage of Dangerous Goods etc Regulations (CDG).
David Pope introduced the main changes to the 2023 editions of ADR and RID, starting with a stern reminder that the transitional provision that appeared in 2019 relating to the requirement for consignor-only companies (freight forwarders, for example) to appoint a DGSA will expire at the end of 2022. After that, operators that fall under that category will no longer enjoy their relief from the provisions. There was a brief pause at this point as many in the audience, who had clearly forgotten about the whole thing, allowed the implications to sink in. That was followed by a
barrage of questions, not least about who is deemed to be a ‘consignor’ (it is defined in 1.2.1 of ADR for those who want to check) and whether there is any advice and guidance (DfT was working on it at the time – it is now published at www.youtube.com/ watch?v=3wi36XFN_qU). After that, many DGSAs in the audience began rubbing their hands at the prospect of more work.
Other amendments coming into force next year include new provisions for ‘extra-large tank containers’, a new requirement for automatic stop valves on tanks carrying liquefied gases (such valves have normally been used but some recent tanks have not been so equipped), assignment of packing instruction P650 to the carriage of paint residues, and a resolution – at long last – of the issue of the import and use of pressure receptacles approved in the US. One important point is an amendment to 5.4.1.1.21 to state that any additional information required by a special provision must be included on the transport document.
Kevin Vagan, a policy adviser at DfT, spoke about the work of WP15’s working groups on electrified vehicles and vehicle stability before outlining in more detail some of the specific changes coming in ADR next year. A change to 1.1.3.6 will mean that the security provisions of Chapter 1.10 will now also apply to small loads of Class 1 high-consequence dangerous goods. There are some new safety requirements for FL vehicles in 9.7.9, including thermal protection and automatic fire suppression systems. And WP15 worked hard and fast to get at least something into ADR 2023 to allow the use of battery electric vehicles (BEVs) as AT vehicles – this will undoubtedly be expanded in coming years.
The changes for RID are similar to those for ADR, particularly as regards the extension of security provisions to all Class 1 highconsequence dangerous goods. But, as Anita Moinizadeh explained, there is more for the rail sector to get its head around. For instance, while polymerising substances that require temperature control are not permitted for carriage under RID, the rules have been clarified to establish criteria for such a prohibition. It is important to note that this also applies to piggyback transport. There is also a clarification of the requirements for the protection of equipment welded to tank wagon shells, so as to avoid damage to the shell in the event of an accident. The RID Safety Committee also agreed to delete 4.3.3.2 so that the use of folding panels to display Who do you contact for the latest DG compliant labels?
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information about gases being carried will now be optional.
UP IN THE AIR Some speakers who had been lined up for the VCA seminar did not make it but Cara Ruzicka, dangerous goods policy specialist at the UK Civil Aviation Authority (CAA), did manage to give her presentation by live link, which worked well. There have been a lot of changes to the dangerous goods team at CAA lately and Ruzicka provided a list of the names that dutyholders will come to recognise, but the main thrust of her presentation was to go over the main changes that will appear in the 20232024 edition of the International Civil Aviation Organisation’s (ICAO) Technical Instructions, which will enter into force promptly on 1 January 2023.
ICAO’s Dangerous Goods Panel (DGP) has been busy keeping the Technical Instructions in line with the UN Model Regulations, bearing in mind the need to maintain an acceptable level of safety for air transport. One of its major tasks is to identify those areas where harmonisation might introduce an unacceptable level of risk. But there were plenty of items picked up from the Model Regulations, including: - Updated definitions and packing instructions for aerosols - The addition of classification details for self-reactive substances of Divisions 4.1 and 5.2 - Type B self-reactive substances of UN 3221 and 3231 are forbidden for transport by air under any circumstances - Clarification of the maximum dose rate for radioactive materials in excepted packages - Removal of a conflict concerning limited quantity values for goods of Division 4.1, packing groups II and III - Excepted quantity code E0 is removed from the dangerous goods list for those entries that are forbidden/forbidden for air transport - Amendments to special provisions A19, A57 and A221 - Special provision A4 is assigned to UN 2922; A5 is assigned to UN 2923; and A36 is removed from UN 1693 and 1228; A36 is amended to remove the A2 provisions; and A4, A35, A46, A61, A117, A132, A180, A206 and A213 are amended - There is a new requirement to note the use of special provisions A1, A2 and A176 on the dangerous goods transport document, and A176 is added to Part 5;4.1.5.8.1 - The ‘total quantity per package’ column is removed from packing instructions Y956, Y958 and Y964; aluminium and steel boxes are included as alternative packagings under Y960; and there has been some alignment to reflect liquid and solid base material in PI 450, Y450, 370 and Y370. - Clarification is made that the provisions applicable to battery-powered mobility aids apply to all batteries on such items, with new limits on the Watt-hour ratings of spare batteries - In the Emergency Response Guide, UN 3528 and 3529 are added to 1.5 and there are amendments to the drill codes in Tables 4-2 and 4-3.
In addition, there are some new special provisions: • A221 applies to mixtures of nitrogen and oxygen with an oxygen content between 19.5 and 23.5 per cent, which do not now require a Division 5.1 subsidiary hazard label • A222 applies to butylenes and isomers thereof • A223 specifies that life-saving appliances are not subject to the Technical Instructions when they meet certain criteria • A224 applies to UN 3538 and permits the carriage of Division 2.2 gases with no subsidiary hazard and lithium cells or batteries that comply with the Section II provisions in PI 967 or 970 • A225 applies to UN 3548 and permits the carriage of environmentally hazardous substances and lithium cells or batteries that comply with the Section II provisions in PI 967 or 970.
Aside from issues relating to multimodal harmonisation, ICAO has yet again been making changes to the provisions for the transport of lithium batteries by air, which generated “a lot of passionate comments and remarks”, Ruzicka said. Operators are being challenged by the provisions of Annex 6, Part 1, Chapter 15 and there were pleas to reduce the maximum state of charge (SOC) to 30 per cent for operational reasons, although no decision has so far been taken. A prohibition on the carriage of damaged or defective batteries by passengers and crew has been
accepted in principle but there has not been enough time to finalise it; in particular, there is no agreement on what constitutes ‘damage’.
There were some substantive changes adopted by DGP, though these were well flagged up in advance. Section II lithium batteries of UN 3480 and 3090 will be forbidden in cargo-only aircraft (CAO) as from 1 January 2023; this prohibition has been anticipated by the International Air Transport Association (IATA) so it should come as no surprise. In addition, the lithium battery mark will no longer have to show an emergency telephone number – a change that reflects the fact that no one understood what sort of information should be provided. This may still be shown in order to allow pre-printed labels to be used.
Other air-specific decisions made by DGP, again mainly referring to lithium batteries, include revisions to special provisions and packing instructions. A88 and A99 have been amended to replace references to ‘battery or battery assembly’ with ‘cell or battery’; A154 is assigned to entries for engines and machinery, vehicles and life-saving appliances to prohibit their carriage by air if they contain damaged or defective batteries; and A206 is deleted as its provisions are applied elsewhere.
In the packing instructions, PI 965 and 968 now specify a 3-metre stacking test for
Section IB battery packages; PI 910 and 974 are clarified to specify that the 30 per cent
SOC requirement applies to both UN 3480 and 3481; and PI 966 and 969 for Section II lithium batteries are clarified to align packaging performance requirements with PI 967 and 970. In addition, the requirements of Part 5;1.1 f) and i) now apply to overpacks of Section II Free DG Label ID poster with every order lithium batteries. There are also changes to the provisions applicable to the carriage of vehicles containing lithium batteries that are not tested in accordance with section 38.3 of the UN Manual of Tests and Criteria. Ruzicka’s excellent presentation also looked at ongoing work at ICAO. Its Electronic
Storage Devices Working Group has some years of work ahead of it, she said, and it is busy developing packing requirements and provisions for data loggers. The Safe Carriage of Goods Specific Working Group is looking broadly at the structure of the regulations in the Technical Instructions, not least the provisions for lithium batteries as well as emergency response requirements. The Tel: +44 (0)870 850 50 51
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Working Group is working to tidy up disparities that have been identified.
ALL AT SEA Another new face on the podium was that of Gemma Harvey, representing the UK Maritime & Coastguard Agency (MCA), where she is hazardous cargoes advisor managing UK policy, regulations and guidance on the carriage of dangerous goods by sea. Her department has a lot on its plate but she picked out some of the bigger projects, one of which involves the unification of all relevant legislation into a single statutory instrument. Harvey said she hoped to have this completed during 2023 and promised outreach and consultation prior to publication. MCA is also looking at the issue of the refusal of dangerous goods cargoes and is running a trial project to get information from shortsea and ferry operators to establish the size of the problem.
The International Maritime Organisation (IMO) also has a lot to be doing right now, not least a comprehensive review of all the 900-series maritime-specific special provisions in the International Maritime Dangerous Goods (IMDG) Code, to address the concerns of vessel operators. It is also looking at some specific carriage issues, especially charcoal, which has been implicated in a number of recent fires aboard containerships.
Amendment 40-20 to the IMDG Code is now mandatory. Harvey ran through some of the changes specific to maritime transport, which in particular related to segregation groups, stowage provisions and special provisions. One change that may have gone under the radar somewhat is that the stowage provisions in 7.1.4.2 applicable to marine pollutants have been extended to apply to infectious substances of UN 2814, 2900 and 3549.
Work has already been completed on Amendment 41-22 to the IMDG Code, which was adopted by IMO’s Maritime Safety Committee in May and will be available for use from 1 January 2023, though not mandatory until 2024. Work will begin on Amendment 42-24 next year, with the Editorial & Technical Group due to meet twice to get the donkey work done.
All of the above was presented before lunch on the first day of the seminar and for many in the audience (and in the chair) that break could not come soon enough. However, it must be said that the coverage and discussion of the topics by the various speakers was comparatively thin, with the one exception of Cara Ruzicka. The other speakers seemed to lack a firm grasp of their material and the expectations of their audience. This is perhaps not surprising - most are relatively new to the dangerous goods field – but they do need to get up to speed if they are to be in a position to help industry meet its obligations. It was unfortunate that some more experienced people could not make it to Daventry, but it should not be forgotten that the VCA seminar is held for the benefit of DfT as much as industry, as it is the Department’s primary outreach mechanism.
WHITHER BATTERIES? One speaker who certainly has a lot of experience was Keith White, who stepped in to cover for several others who could not make the trip and, in consequence, gave himself rather a lot to do. One presentation he had prepared well was an update on the lithium battery regulations, as the paper had been put together for the 2020 seminar, which did not happen. As it was, he noted, little had changed in the interim. He also remarked that feedback from earlier VCA seminars had included comments such as “too much on lithium batteries” and “loved all the lithium battery stuff” so he was aiming to shoot right down the middle.
The audience had already heard plenty about upcoming and recent changes to the regulations governing the transport of lithium batteries, especially by air. The regulators clearly see a problem: these constant changes make life difficult for those who are trying to comply (and perhaps encourage noncompliance); they have also made the regulations themselves incredibly complex. As White pointed out, while all other UN entries have only one packing instruction assigned to them, each of the four main lithium battery entries (UN 3090, 3091, 3480 and 3481) has five packing instructions and four large packing instructions. In addition, they have up to ten special provisions assigned.
The regulatory authorities are trying to find a way to clear up this mess, especially as they are aware that new battery technologies are bound to come along and require similar treatment. However, progress has been slow. In 2015, ICAO contracted SAE International to develop a packaging standard that would allow
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a simplification of the packing requirements; the intention was that SAE would complete the work in 2016 but, six years later, it is still not finished. White said the work was opened up to too many interests, making it impossible to settle on a text. The draft standard that has now emerged is more of a standard test method, using one specific piece of apparatus, but that has just opened up a whole list of other questions. Work is continuing.
In addition, an intersessional working group was established by the UN Sub-committee of Experts on the Transport of Dangerous Goods, which began by focusing on updating and improving Section 38.3 of the Manual of Tests and Criteria. Having done that, the group was tasked with determining whether a series of tests or conditions could be established to create defining criteria for the assignment of batteries into divisions under a ‘hazard-based classification’ approach, with the use of a flow diagram. The intersessional group has discussed the use of packaging as a mitigation of potential hazards (as with Class 1 explosives) and, again using the pattern of Class 1, the development of divisions for batteries.
This group appears to be making swifter progress, perhaps because its participants are drawn largely from the regulatory authorities and battery manufacturers. Some of the ideas being discussed build on the work done by SAE and research is progressing with test facilities undertaking propagation tests to Free DG Label ID poster with every order produce data to refine the methodology. There are still some issues to be settled and the group is due to meet again later this year to try and thrash things out. In an attempt to clear the logjam, the UK put forward a paper to the UN Sub-committee in 2019, focusing purely on the packaging issues but this did not receive much in the way of positive feedback. White offered his own solutions to the problem, which referred to the way that UN 1950 aerosols is a single entry in the UN Model Regulations but has 17 different proper shipping names in the ICAO Technical Instructions. It is to be hoped that further progress can be made before next year’s VCA seminar and
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Email: sales@labeline.com This report on the 2022 VCA Dangerous Goods Email: sales@labeline.com www.labeline.com Seminar will continue in next month’s HCB. www.labeline.com
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