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Vol. 141, No. 6 — February 10, 2007 Regulations Amending the Transportation of Dangerous Goods RegulationsStatutory authority Transportation of Dangerous Goods Act, 1992 Sponsoring department Department of Transport
REGULATORY IMPACT (This statement is not part of the Regulations.) Description The Transportation of Dangerous Goods Act, 1992 (TDG Act, 1992) and the Transportation of Dangerous Goods Regulations (TDG Regulations) are intended to promote public safety in the transportation of dangerous goods in Canada. The Regulations Amending the Transportation of Dangerous Goods Regulations amend references in the TDG Regulations to the following safety standards that have been revised to clarify requirements, address safety issues, and harmonize the TDG Regulations with Title 49 of the Code of Federal Regulations of the United States, 2000 (49 CFR): • CSA Standard B620-03 (CSA B620), Highway Tanks and Portable Tanks for the Transportation of Dangerous Goods, July 2003, as amended in February 2006, published by the Canadian Standards Association (CSA); • National Standard of Canada CAN/CSA B621-03 (CSA B621), Selection and Use of Highway Tanks, Portable Tanks, Cargo Compartments, and Containers for the Transportation of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9, July 2003, as amended in May 2004 and February 2006, published by the CSA; and • National Standard of Canada CAN/CSA B622-03 (CSA B622), Selection and Use of Highway Tanks, Multi-unit Tank Car Tanks, and Portable Tanks for the Transportation of Dangerous Goods, Class 2, July 2003, as amended in September 2004 and February 2006, published by the CSA. There are a few noteworthy changes, some editorial changes to the wording of the text and many minor changes to various requirements in CSA B620, CSA B621 and CSA B622. A number of changes in the February 2006 update to CSA B620 clarify or revise requirements: — Clauses 4.3.1 and 4.3.2 clarify welding procedure qualification and welder performance qualification requirements; — Clause 5.1.1.2 e) clarifies that vacuum loaded TC 412 tanks need to be certified as pressure vessels; — Clause 5.1.6.1.6 clarifies identification plate markings to distinguish between the tank manufacture date and the completion and certification date of the tank; — Clauses 5.1.7.2.1 and 6.1.8.2.1 revise the allowable marking requirements for partially constructed highway and portable tanks; — Clause 5.6.8.4.4 clarifies the allowable stiffener configurations, which addresses a concern with moist air being trapped between the reinforcement and the tank wall; corrosion has led to tank failures in the United States; — Clause 7.2.4 clarifies that the upper coupler area inspection includes inspection of areas that are partially hidden by the upper coupler; — Clause 7.2.5 clarifies the intent of this clause which addresses the leakage test, allows the use of a combination of test media and methods, and adds a test procedure to resolve the difficulty in inspecting the area between the walls of tanks that are double walled or that include a secondary containment space; — Clause 7.2.7.8 clarifies safety considerations when pneumatic tests are performed; — Clause 7.2.10.1 clarifies that hose testing does not apply to short hoses found within the piping system; — Clause 7.2.10.10 clarifies how to determine the appropriate Hose Assembly Working Pressure (HAWP) for existing hoses that are not already marked; and — A note to Table 7.1 clarifies the extension of the external inspection period from 2.5 years to 3 years for nurse tanks or applicator tanks that are operated exclusively for agricultural purposes. This is to accommodate the seasonal nature of their use. A number of revisions in the February 2006 update to CSA B621 clarify requirements, including test and inspection requirements for U.S. highway and portable tanks built to the specifications in 49 CFR and that are operated in Canada. Other revisions align shipping names and classification to the current TDG Regulations, correct errors in Table 4 and add a new Specific Requirement 23 in clause 8.4 for non-specification tanks used for flammable liquids. New Specific Requirement 23 in clause 8.4 introduces grand-father provisions for non-specification tanks used to transport UN1999, TARS, LIQUID, including road asphalt and oils, bitumen and cut backs, so that existing non-specification tanks can be used until January 1, 2016. These non-specification tanks must have been built before January 1, 2007, must be no more than 15 years old and are subject to periodic inspection and testing. These tanks must have displayed on them a nameplate with the information required in Specific Requirement 23. A lower test pressure will also be allowed for these non-specification tanks. These provisions are currently in a Permit for Equivalent Level of Safety. Revisions in the February 2006 update to CSA B621 include the removal of the requirements for multi-unit tank car tanks (ton containers). These requirements are in the National Standard of Canada CAN/CGSB-43.147-2005, Construction, Modification, Qualification, Maintenance, and Selection and Use of Means of Containment for the Handling, Offering for Transport or Transporting of Dangerous Goods by Rail, May 2005, published by the Canadian General Standards Board (CGSB). Specific Requirements 54 and 73 in clause 6.3 in the February 2006 update to CSA B622 have been revised to introduce new retrofit requirements for non-specification anhydrous ammonia delivery tanks. These specific requirements do not apply to nurse tanks or applicator tanks used for agricultural purposes. These non-specification highway and portable tanks will need to be in compliance with the new requirements before the first pressure test conducted after January 1, 2007, and no later than January 1, 2012. Specific Requirement 54 will require that existing highway tanks built to the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code be brought into compliance with four additional requirements of CSA B620: — Securement (clause 5.1.3); — Rear-end protection (clauses 5.1.5.2 to 5.1.5.4); — Discharge control devices (clause 5.2.2.1); and — Excess flow protection (clause 5.2.2.10.1). Similarly, Specific Requirement 73 will require existing non-specification portable tanks used exclusively for agricultural purposes to be brought into compliance with the following requirements of CSA B620: — Rear-end protection (clauses 5.1.5.2 to 5.1.5.4); — Securement (clauses 6.1.5 b) and c)); — Excess flow protection (clause 6.2.9.1); and — Manual shut-off (clause 6.2.9.2). Section 5.14.1 is added to Part 5, Means of Containment, of the TDG Regulations. Paragraph 5.14.1(a) refers to clause 7.2.10.5 d) of CSA B620 and, for hoses used to handle aircraft fuel, removes the requirement for compliance with the National Standard of Canada CAN/CSA B836-00, Storage, Handling and Dispensing of Aviation Fuels at Aerodromes, May 2005, published by the CSA. Paragraph 5.14.1(b) refers to a note to Table 7.1 of CSA B620 and exempts from periodic internal inspection highway tanks that operate only on airport property and that contain fuel for aircraft. This paragraph also removes the requirement for compliance with CAN/CSA B836-00. However, the five-year pressure test will continue to apply. Paragraph 5.14.1(c) removes the requirement to comply with clause 8.1.4.3 b) of CSA B620 for registration as a facility for the manufacture, modification, assembly, testing, repair or inspection of tanks in accordance with CSA B620. As a result, applicants will not be required to submit a copy of the quality control manual. Alternatives The transportation of dangerous goods regulatory program is committed to the principles that contribute to domestic, transborder and international harmonization in the regulatory requirements for the transportation of dangerous goods while providing the flexibility required for specific conditions in Canada and for particular needs of Canadian industry. The amendments update references in the TDG Regulations to the recent editions of safety standards associated with the manufacture, selection and use of highway and portable tanks. The committees responsible for developing and maintaining the technical standards for the manufacture, selection and use of highway and portable tanks have a balanced representation of manufacturers, users, carriers and regulatory authorities. The committees consider safety issues, cost and practical alternatives, including different time periods for phasing in the requirements. For example, phasing out non-specification highway and portable tanks in anhydrous ammonia service was considered. The anhydrous ammonia industry preferred the retrofit approach, as this practice was already being implemented. These committees are aware of the north-south movement of dangerous goods and the need for compatibility with the U.S. Regulations. The committees are also aware of essential international transport of dangerous goods and trade with countries other than the United States. The establishment of divergent Canadian requirements could hinder the free flow of dangerous goods into and out of Canada and place restrictions on Canadian industry. These amendments enhance the functioning of the transportation of dangerous goods regulatory program. They reflect what is considered to be the best alternative based on safety and economic grounds. Benefits and costs The amendments clarify requirements, correct errors, omissions, inconsistencies, address safety issues, and harmonize the TDG Regulations with the U.S. Regulations. The amendments are considered to be technical amendments that include minor adjustments to reflect engineering practices. There will be costs associated with these amendments and the corresponding requirement for re-training. The amendments are expected to enhance the transportation of dangerous goods regulatory program. In the long run, the benefits to be realized are estimated to equal or exceed the associated costs. The new Specific Requirement 23 in Clause 8.4 of CSA B621 that grandfathers non-specification tanks used to transport UN1999, TARS, LIQUID, including road asphalt and oils, bitumen, and cut backs, is expected to yield a systematic removal of these tanks from service based on their condition and age without an undue economic impact. The cost to retrofit non-specification anhydrous ammonia delivery vehicles represents a capital investment to the anhydrous ammonia industry. Retrofitting these vehicles will be spread over a five-year period. It is estimated that the costs can reach $4,500 per delivery vehicle depending on the configuration of the vehicle to which the tanks are attached. For example, rear end protection (the bumper alone, uninstalled) is estimated to cost $1,000 per vehicle. The frequency of visual inspections and leak tests for non-specification anhydrous ammonia delivery tanks will also increase from once every 2.5 years to once every year. The cost associated with these inspections and tests is estimated to be, on average, $350 per tank. There are approximately 1 200 anhydrous ammonia delivery vehicles in service. The majority are equipped with two non-specification tanks. For the past five years, the anhydrous ammonia industry has been aware of the pending changes. Retrofit modifications to the non-specification delivery tanks are currently being completed when the tanks undergo their five-year hydrostatic test. These tanks have a life expectancy of 30 to 40 years. However, some operators may choose not to upgrade some of their tanks given their age, smaller capacity or for other economic reasons. The anhydrous ammonia retail industry recognizes the benefits to public safety with these added requirements. Consultation The TDG Directorate participates in the development of consensus standards relating to the manufacture, selection and use of means of containment for the transportation of dangerous goods. The safety standards are prepared and published by the CSA and are incorporated by reference into the TDG Regulations. The committees developing these standards comprise a balance of businesses that manufacture, use, test or inspect means of containment for the transportation of dangerous goods. These amendments reflect issues and concerns, clarity and presentation of text, costs and benefits, alternatives, enforcement policies and public safety initiatives that were raised, discussed and adopted by these committees. The consensus process in standards development is, by its nature, one of consultation. Strategic environmental assessment In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the Transport Canada Policy Statement on Strategic Environmental Assessment, a strategic environmental assessment (SEA) of the amendments was conducted, in the form of a preliminary scan. The SEA concluded that the amendments are not likely to have important environmental effects. Compliance and enforcement Compliance with the TDG Act, 1992 and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial inspection forces who inspect all modes of transport and consignors of dangerous goods. These inspectors ensure that the various safety standards and requirements of the TDG Act, 1992 and the TDG Regulations are complied with. For further information on the Regulatory Impact Analysis Statement, please contact Mr. Kim O'Grady, Chief, Evaluation Division, Transport of Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, 613-990-1145 (telephone), 613-993-5925 (fax), ogradyk@tc.gc.ca (email). For further information on the amendments to the TDG Regulations, please contact Ms. Linda Hume-Sastre, Director, Legislation and Regulations Branch, Transport of Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, 613-998-0517 (telephone), 613-993-5925 (fax), humel@tc.gc.ca (email). Notice is hereby given, pursuant to subsection 30(1) of the Transportation of Dangerous Goods Act, 1992 (see footnote a), that the Governor in Council proposes, pursuant to section 27 of that Act, to make the annexed Regulations Amending the Transportation of Dangerous Goods Regulations. Interested persons may make representations concerning the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 75 days after the date of publication of this notice. All representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Linda Hume-Sastre, Director, Legislation and Regulations Branch, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (Tel.: 613-998-0517; fax: 613-993-5925; e-mail: humel@tc.gc.ca). Ottawa, February 1, 2007
MARY O'NEILL
REGULATIONS AMENDING THE TRANSPORTATION AMENDMENTS 1. The portion of items 18 to 20 of the table to section 1.3.1 of the Transportation of Dangerous Goods Regulations (see footnote 1) in column 2 is replaced by the following:
2. The Table of Contents of Part 5 of the Regulations is amended by adding the following after section 5.14:
3. The Regulations are amended by adding the following after section 5.14: 5.14.1 Changes to CSA B620 For the purposes of subparagraphs 5.14(a)(ii) and (d)(iii) (a) the wording of clause 7.2.10.5 d) of CSA B620 must be replaced by the following: "clause c) does not apply to hoses used to handle aircraft fuel;"; (b) the wording of the note to Table 7.1 of CSA B620, Period Inspection and Test Intervals, that is indicated by the symbol "‡" must be replaced by the following: "Highway tanks used to fuel aircraft and that operate only on airport property are exempt from internal inspection if they are clearly marked on each side with the words "Dedicated Aviation Refueller Restricted to Use on Airport Property" and the words are clearly visible from the ground, in letters that are not less than 25 mm high and in a colour that contrasts with the colour of the tank."; and (c) clause 8.1.4.3 b) of CSA B620 does not apply to an application for registration as a facility for the manufacture, modification, assembly, testing, repair or inspection of tanks in accordance with CSA B620. COMING INTO FORCE 4. These Regulations come into force on the day on which they are registered. [6-1-o] S.C. 1992, c. 34 SOR/2001-286 |
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