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LEHDER News

When Federal & Provincial Rules Conflict - The Case of Waste Manifests Vs. TDG

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ON Waste Manifest Requirements Vs. the TDGRThe recent amendments to the federal Transportation of Dangerous Goods Regulation (TDGR) have created challenges for waste managers/shippers due to inconsistencies between the federal/provincial waste manifest form.

In order for a waste manifest to qualify as a TDG shipping document, the information must be provided in the order prescribed in TDGR s.3.5 - UN No., Shipping Name, Class, Packing Group.  However, the current waste manifest requires the information be entered as Prov. Code, Shipping Name, Class, UN No., Packing Group, Quantity Shipped, Units, Packaging (No./Code), Physical State. 

Earlier this year, the Canadian standard Movement Document/Manifest (adopted by Canadian provinces and territories for use in waste shipments across Canada) was modified to include the required consignor certification statement and signature which was required by TDGR s. 3.6.1 as of July 15, 2015.  For more information, please refer to the June 17, 2015 post - Documentation Requirements for Dangerous Goods Including Wastes.

The provincial regulatory bodies must wait on Environment Canada to modify the Movement Document/Manifest.  Completion of the manifest must meet provincial waste requirements as well as Federal TDG regulations.

In Ontario, the MOECC does not have any plans currently to revise the manifest document to account for these discrepancies.  Dr. Dianne Saxe, one of Canada's leading environmental lawyers, has written a blog post in relation to some of the steps you can take to handle these issues at your facility.  To view that post, please click here.

Note:  While Dr. Saxe's post provides a general guide to this subject matter, it is recommended you seek specific advice in regards to your facility requirements.

In Alberta, Alberta Environment and Parks (AEP) is allowing the manifest form to be completed by proceeding the UN Number before the shipping name in the shipping name column of the manifest.  AEP has also updated their manifest attachment sheet to be in compliance with TDGR.  For more information on this, please refer to the AEP's Hazardous Waste Manifest System.

For more information about waste manifests and the TDGR, please contact Mark Roehler.

Ontario Strengthens Environmental Protections for the Great Lakes

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MOECC News Release

Today Ontario passed the Great Lakes Protection Act which will strengthen the province's ability to keep the Great Lakes and St. Lawrence River clean, as well as to protect and restore the waterways that flow into them.

Passing the Act enables the province to address significant environmental challenges to the Great Lakes, including climate change, harmful pollutants and algal blooms. The Act will also:

  • Establish a Great Lakes Guardians' Council to provide a collaborative forum for discussing and gaining input on issues and priorities relating to the Great Lakes.

  • Allow the Ministry of the Environment and Climate Change to set environmental targets and enable communities to address local problems.

  • Require consideration of Traditional Ecological Knowledge in decisions made about the health of the Great Lakes if offered by First Nations or Metis communities.

  •  Enshrine Ontario's Great Lakes Strategy, the province's action plan on the Great Lakes, as a living document to be reviewed every six years and reported in the legislature every three years.

Protecting the Great Lakes for future generations supports the government's plan to build Ontario up. The four-part plan includes investing in people's talents and skills, making the largest investment in public infrastructure in Ontario's history, creating a dynamic, innovative environment where business thrives and building a secure retirement savings plan.

To read the full MOECC News Release, please click here.

Proposed Amendments to GHG Emissions Reporting Regulation O. Reg. 452/09

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O. Reg. 452/09 GHG Proposed AmendmentsIn April 2015, Premier Wynne announced that Ontario would implement a cap and trade system in an effort to reduce greenhouse gas (GHG) emissions in the province. The proposed updates to Ontario Regulation 452/09 to support this system will increase and expand the GHG emissions reporting currently required under the Environmental Protection Act and the Greenhouse Gas Emissions Reporting Regulation (O. Reg. 452/09) and related Guidelines.

Some of the key changes proposed include:

  • Emissions Reporting Threshold - Decrease in emissions reporting threshold from 25,000 tonnes of carbon dioxide equivalent (CO2e) to 10,000 tonnes while maintaining the requirement that emissions greater than 25,000 tonnes be verified by a third party.

  • Capped and Non-capped Emission Categories - Division of source emissions into categories to establish those subjected to only reporting requirements and those requiring third party verification.

  • Global Warming Potential - Will not be updated and will remain as is in order to align with the Western Climate Initiative.

  • Petroleum Products Suppliers/Natural Gas Distributors - Starting in the 2016 reporting year, petroleum products suppliers that first introduce products to the Ontario market (including refineries and terminals) will be required to report GHG emissions attributable to the combustion of petroleum products.

  • Other Sources with Reporting Requirements - Several other sources will have emission reporting requirements, including:

  • Equipment used for natural gas transmission, storage and distribution;

  • Electricity transmission, distribution and imports;

  • Magnesium production; and

  • Mobile equipment at facilities.

The MOECC recently posted the updated Regulations and Reporting Requirements for comment by interested parties, which can be viewed here.  The comment period is open until October 29, 2015.  Comments can be submitted to the MOECC by email or by submission to the contact provided here.

For more information or to discuss how these proposed changes may affect your facility, please contact Marnie Freer at (519) 336-4101 ext. 226.

WHMIS 2015 - Ingredient Disclosures on Safety Data Sheets

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GHS/WHMIS 2015 SymbolsOn July 31, 2015, Health Canada released a Guidance document to assist Canadian suppliers and importers, as well as U.S. suppliers to Canada, in regards to the ingredient disclosure requirements for Safety Data Sheets (SDS) under WHMIS 2015.  This Guidance document summarizes the WHMIS 2015 requirements for hazardous ingredient disclosure and compares this to WHMIS 1998 and the current U.S. HCS2012 regulations.

Both Canadian and U.S. GHS-based regulations proscribe the use of broad concentration ranges (not related to production variation) are now prohibited, which is a change from the WHMIS 1988 requirements.  Actual, or ‘true’, concentrations must now be disclosed on the SDS.  

For example, a product which has an ingredient present at 11.5% +/- 0.5% could have been listed on the MSDS with a range of 10-30%. Under WHMIS 2015, it would need to be listed as 11-12% on the SDS as the use of a range requires documentation to prove that’s it a true variability based upon product formulation or process data.  Basically, if you know the true concentration of an ingredient, it must be disclosed.

While Canada and the U.S are aligned with regards to ingredient disclosures, the mechanisms to protect Confidential Business Information (CBI) are different.  In Canada, the only way to maintain proprietary ingredient information is to file a trade secret claim through the application process with Health Canada under the Hazardous Materials Information Review Act.

For more information, please view the following Health Canada Guidance Documents:

Disclosure of Ingredient Concentrations and Concentration Ranges on Safety Data Sheets 

Comparison of Ingredient Concentration Disclosure and CBI Protection Requirements  

For more information, please contact LEHDER Principal Mark Roehler.

Proposed Hazardous Waste Fees Increase

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TDG Overpack RequirementsThe Ontario Ministry of the Environment and Climate Change (MOECC) is proposing a regulation to amend O. Reg. 347 under the Environmental Protection Act. The proposed regulation would increase the tonnage component of the Hazardous Waste Fees for hazardous waste transferred or disposal of, including:

An increase from $10 to $20 per tonne for waste transfer/disposal between January 1, 2016 and January 1, 2017; and

An increase to $30 per tonne after January 1, 2017.                  

Comments are being accepted for this proposed regulation until September 19, 2015. For more information or to provide comments, please see EBR Registry posting 012-3915.

For more information, please contact LEHDER Principal Mark Roehler.

TDG Overpacks - Are You Labelling Properly?

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TDG Overpack Labelling Requirements

The wording of section 4.10.1 Safety Marks on an Overpack of the Transportation of Dangerous Goods Regulation in Canada can cause some confusion in regards to overpack labelling requirements for domestic shippers, especially when taking other regulatory requirements into account (e.g. UN Model Regulations, IMDG, IATA, and 49 CFR).  Essentially, even if the TDG labels are visible from the outside of the individual DGs in a combined shipment, an overpack label must be provided on the exterior of the overpack. 

For more information, please contact Mark Roehler or to attend one of LEHDER's upcoming TDG courses, please review our training schedule via the Regulatory Training page.

CEPA - Risk Management Scope Document on Selenium Released for Comments

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The draft Screening Assessment Report and Risk management Scope document for selenium and its compounds under the Substance Groupings Initiative of the Chemicals Management Plan has been published. The draft Screening Assessment Report proposes that selenium and its compounds may be harmful to the environment and to human health and meet the criteria set out in sections 64 (a) and (c) of the Canadian Environmental Protection Act, 1999. A Risk Management Scope document has been published for selenium and its compounds which outlines the risk management options that are being given initial consideration. Links to these documents can be found below.  

Interested stakeholders are invited to submit comments on the content of these documents or provide other information that would help to inform decision-making prior to September 17, 2015. Comments provided will be taken into consideration by the Government of Canada in the final Screening Assessment Report and Risk Management Approach document, if required.

Draft Screening Assessment Report for Selenium and its Compounds

Risk Management Scope for Selenium and its Compounds

For more information, please review the Government of Canada's Substance Groupings Initiative.


Documentation Requirements for Dangerous Goods Including Wastes

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The Canada Gazette Part II amendment (SOR/2014-306), published December 31, 2014 which included a 6 month transition period, called for modification of TDG Part 3.5(1)(c) which requires that dangerous goods descriptions must be in the order of Columns 1, 2, 3 and 4 of TDG Regulations, Schedule 1 or UN number, Shipping Name, Class (Subsidiary Class) and Packing Group.

TDG Part 3.6.1 states that as of July 15, 2015, a Consignor must state their name and make a Consignor’s Certification on any shipping document containing dangerous goods.  This certification can be authorized by 49 CFR, ICAO Technical Instructions, IMDG Code, or UN Recommendations.  Alternatively, you would use the TDG certification language which is as follows:

“I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, are properly classified and packaged, have dangerous goods safety marks properly applied or displayed on them, and are in all respects in proper condition for transport according to the Transportation of Dangerous Goods Regulations.”

Documentation Requirements for Dangerous Goods Including WastesThe Canadian standard Movement Document/Manifest adopted by Canadian provinces and territories for use in waste shipments across Canada has been recently updated to include the new certification requirements of a Consignor.  You will note that this certification requirement states that the correct classification under TDG is used (note Part 2.2.1 above).  However, the manifest description for dangerous goods is not in compliance with Part 3.5(1)(c) of TDG as the description is still shown as Shipping Name, Class, UN No. and Packing Group.
 
If the Movement Document/Manifest is not modified and adopted by provincial/territorial authorities by June 30, 2015, with the correct TDG description order, which is not likely to occur, then all dangerous goods waste shipped on a Movement Document/Manifest must be accompanied by a bill of lading with the correct TDG description.

For more detailed information in regards to waste handling, please contact Mark Roehler.


Classification of Dangerous Goods Including Waste Streams

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TDG Part 2.2.1 states that a Consignor who allows a carrier to transport dangerous goods or imports dangerous goods is responsible for proof of classification for the dangerous goods information used on the shipping document.  This proof must be maintained for five (5) years and must be in a document that explains classification (i.e. test report, lab report, explanatory document) and include the following information:

  •  Date on which dangerous goods were classified;

  •  If applicable, the technical name of the dangerous goods;

  • The classification of the dangerous goods; and

  • If applicable, the classification method used under this Part or under Chapter 2 of the UN Recommendations.

For UN1267 (Petroleum Crude Oil) and UN1268 (Petroleum Distillates N.O.S.), special provision 92 states that proof of classification must be done on the basis of sampling and analysis.  The document used to explain the sampling method must include the following information:

  • The scope of the method;
  • The sampling apparatus;
  • The sampling procedures;
  • The frequency and conditions of sampling; and
  • A description of the quality control management system in place.

It is important to understand that the above applies not only to products but also waste. Any material shipped as a dangerous good, including waste, needs to have proof of classification of the determination of the UN number. If the waste stream is UN1267 or UN1268 then the waste stream must have been sampled and analysed in order to determine the appropriate classification.

For more information, please contact Mark Roehler.

New Air Dispersion Model Versions

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LEHDER Air Modeling ServicesThe MOECC has announced they will be adopting new updated versions of several regulatory air dispersion models shortly.  These models have been updated by the USEPA based on the latest available science.  The MOECC announcement to formally adopt new model versions was intended to provide clarity and consistency to the regulated community and stakeholders.  The mandatory use of the new versions of AERMOD, AERMET and ASHRAE models will become effective as of the date the MOECC posts an Information Notice on the EBR.  Based on the MOECC announcement, the posting of the Notice is expected in October 2015 which is  only a few months from now.

The new versions of AERMOD and AERMET will be version 14134 (dated May 14, 2014). The ASHRAE calculation method will be updated to the 2011 ASHRAE Handbook – HVAC Applications.

The transition to the new model versions can be complex depending upon the status of your ECA, pending ECA Application or abatement plans.  Once the new model version comes into effect, any modeling triggered for regulatory purposes must be completed using the new version unless your facility has a Section 7(1) notice.  Now is the time to evaluate how changes to the air dispersion models may affect your facility’s compliance.  

To learn more about how the new model version transition may affect your facility, please contact Penny McInnis at pmcinnis@lehder.com or (519) 336-4101 ext. 245.