Regulatory
REGULATORY NEWS FOR WEEK OF DECEMBER 11, 2019
Canadian Federal News
The Transportation of Dangerous Goods Directorate would like to inform you of the publication of a document summarizing the changes to the ERAP provisions in the TDG Regulations. Between 2007 and 2017, we recorded approximately 360 transportation incidents involving the implementation of an Emergency Response Assistance Plan (ERAP). There are currently about 1000 ERAPs approved by the Minister, covering nearly 400 dangerous goods. Since April 2014, the Transportation of Dangerous Goods Emergency Response Task Force (ERTF) had the mandate to make recommendations to improve the Emergency Response Assistance Plan (ERAP) program. In July of 2016, the group submitted its final report, which presented 40 recommendations. 10 of these recommendations were related to improving the ERAP program and 7 of these are addressed in these amendments. These recommendations focused on clarifying the processes for implementing an ERAP and collecting meaningful data to foster the continuous improvement of the ERAP program.
The following updates related to the R-ICL, announcing that the nomination process for the R-ICL closed on November 3, 2019, are published on the Health Canada website. Nomination packages received after November 3, 2019 will not be accepted. Manufacturers and importers who wish to market a new substance for use in Food and Drugs Act (F&DA) regulated products in Canada that is not already listed on the R-ICL or the Domestic Substances List (DSL) must submit a notification under the New Substances Notification Regulations (NSNR) (Chemicals and Polymers) or NSNR (Organisms).
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that DCPD (CAS RN 77-73-6) does not meet the criteria under paragraph 64(c) of CEPA, as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that Lotus corniculatus extract (CAS RN 84696-24-2) does not meet the criteria under paragraph 64(c) of CEPA as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that CSL (CAS RN 66071-94-1) does not meet the criteria under paragraph 64(c) of CEPA, as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that 1-nitropropane (CAS RN 108-03-2) does not meet the criteria under paragraph 64(c) of CEPA, as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
In its investigation report (R18D0069) released today, the Transportation Safety Board of Canada (TSB) determined that cargo that had been inadequately secured fell from an A-frame flat car leading to the derailment of a Canadian Pacific Railway (CP) train near Saint-Polycarpe, Quebec. There were no injuries and no dangerous goods were released.
Canadian Provincial News
In response to the increase in job-related mental health claims in Saskatchewan, WorkSafe Saskatchewan – the partnership between the Saskatchewan Workers’ Compensation Board (WCB) and the Ministry of Labour Relations and Workplace Safety – is working to provide resources for workers and employers on psychological health and safety. That is why WorkSafe is hosting the second annual Psychological Health and Safety Workshop, taking place today at the Delta Hotel in Regina. Close to 350 senior leaders, disability and human resource managers from across the province will hear from leading Canadian industry and academic experts at the one-day learning event.
The three-year Fatalities and Serious Injuries Strategy is the product of WorkSafe Saskatchewan, which is a partnership between the Saskatchewan Workers’ Compensation Board (WCB) and the Ministry of Labour Relations and Workplace Safety.
US News
Starting Dec. 17, 2019, all motor carriers and drivers subject to the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) electronic logging devices (ELD) final rule must use an ELD. This deadline also pertains to grandfathered automatic onboard recording devices (AOBRDs), which will no longer be allowed under the Federal Motor Carrier Safety Regulations to provide records of duty status as a substitute to a required ELD. Motor carriers utilizing an AOBRD must have a fully operational ELD installed by Dec. 17, 2019.
Environmental Protection Agency (EPA) is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for certain chemical substances that were the subject of premanufacture notices (PMNs). They are either the subject of Orders issued by EPA under TSCA or have received a “not likely to present an unreasonable risk” determination pursuant to TSCA. This action would require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use to notify EPA at least 90 days before commencing that activity. Comments must be received on or before January 6, 2020.
EPA is finalizing these SNURs under TSCA section 5(a)(2) for 28 substances which were the subject of PMNs. These SNURs require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. This rule is effective on February 3, 2020.
EPA is finalizing these SNURs under TSCA section 5(a)(2) for 29 chemical substances that are the subject of PMNs. These SNURs require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. This rule is effective on February 3, 2020.
International News
The General Rules set out the details for regulation of the importation and manufacture of industrial chemicals in Australia under AICIS. The final draft of the Categorisation Guidelines set out the technical details and requirements. The Executive Director of AICIS will sign-off on these Guidelines so they take effect from 1 July 2020.
The Organisation for Economic Co-operation and Development(OECD) has published the Chemical Safety and Biosafety Progress Report which is released every eight months. Its purpose is to provide an update on the projects, events and activities. Information on new publications as well as dates and venues of upcoming events and meetings are given.
The European Commission (EC) Directive (EU) 2018/851 amends Directive 2008/98/EC on waste (The Waste Framework Directive) to require all EU product producers and importers to enter product registration information into a centralized substance database for all articles and complex products that contain REACH Candidate List substances above 0.1% w/w.
The European Chemicals Agency (ECHA) has published a list of over 21 000 REACH registered substances mapped in its ‘chemical universe’. The substances have been divided into five pools.
Other Relevant Information
Safety Share
Each year, more and more dangerous goods are moved across Canada by road, rail, water and air. These shipments range from industrial chemicals to manufactured goods and, while indispensable to our modern way of life, they can pose a threat to public safety if not handled safely. This Safety Awareness Kit includes:
· Presentations
· Emergency Response Assistance Plan (ERAP) Program (To receive a copy of this presentation, please send your request by email to TC.TDGSafetyAwareness-SensibilisationalasecuriteduTMD.TC@tc.gc.ca)
· Guides and advisories
· Safety Advisory – Fire Risk of Electronic Cigarettes in Checked Baggage on Board an Aircraft
· Handouts
· Transportation of Dangerous Goods – A Primer Handout
· Dangerous Goods Safety Marks Handout
· Shipping and importing devices containing lithium batteries
· CANUTEC – Canadian Transport Emergency Centre
· TDG Newsletter
Attached is the SOFA-defined Severe Injury Update for September 2019. There were 7 SIs in September 2019. One was an amputation to the left forearm and the fingers of the right hand resulting from going between equipment to adjust the coupler. The other 6 SIs were fractures: 5 to the leg or foot, and 1 to the torso. There have been 52 SIs in 2109 through September. For the previous two years, 2018 and 2017, SI counts were 51 and 53 respectively through September.
SIs increase in winter months. One reason is the increase in cases involving slips, trips, and falls. Annually, such cases constitute 43 percent of all SIs. But during the winter months of December, January, and February, these cases rise to 50, 55, 50 percent respectively of total monthly Sis.
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