The Pipeline and Hazardous Materials Safety Administration has issued a safety advisory about unauthorized cylinders being filled with hazardous materials and transported as part of business operations. These activities pose significant risks, including property damage, physical injury, or death. The administration has identified instances where empty cylinders, not manufactured to Department of Transportation (DOT) or United Nations standards, were sold to consumers, shippers, and heating, ventilation, and air conditioning technicians. These cylinders lack proper certification and are not designed for safely containing or transporting hazardous materials.

Many of these non-compliant cylinders are produced by manufacturers outside the United States who do not mark or certify them as suitable for hazardous materials, which violates hazardous materials regulations. Without sufficient evidence to show a violation of the HMR, PHMSA cannot take enforcement action. In addition to the inherent safety risks, filling unauthorized cylinders is punishable by civil penalty and/or criminal prosecution. (See 49 CFR 107.307.) Members are encouraged to review the complete notice to determine its relevance to their operations: link to RA-270.

In 2019, Environment and Climate Change Canada (ECCC) introduced emergency response plan requirements under the E2 regulations. These regulations mandated industries to develop and implement an Environmental Emergency (E2) Plan within one year. Since then, annual simulation exercises have been required to ensure preparedness and effectiveness.

Now, as part of the five-year cycle, industries must take the next step: conducting a full-scale exercise to test the plan under realistic conditions. ECCC says this milestone is critical in evaluating the robustness of emergency strategies and ensuring a swift, coordinated response to potential environmental emergencies.

Environmental Emergency Regulations, 2019

4.7(1)(b) states:

• 7 (1) A responsible person must conduct simulation exercises in relation to each environmental emergency plan that is prepared under subsection 4(1) as follows:
  • (a) each year, beginning on the day on which the plan is brought into effect, a simulation exercise in respect of one substance from each of the hazard categories referred to in column 5 of Parts 1 and 2 of Schedule 1, using an environmental emergency identified under paragraph 4(2)(d) as the emergency being simulated; and
  • (b) every five years, beginning on the day on which the plan is brought into effect, a full-scale simulation exercise in respect of any one substance, using an environmental emergency referred to in paragraph 4(2)(e) or (f) as the emergency being simulated.

This means that many propane providers subject to these requirements will need to conduct a full-scale exercise this year to meet the five-year cycle.

For more information on five-year full-scale exercises or assistance in conducting one, members can reach out to patrick.knight@erac.org.

Environment and Climate Change Canada has provided the following guidance for registered creators regarding the Land Use and Biodiversity Criteria (LUB and material balancing and declarations).  

Part 1: Additional guidance on subsection 47(1)   

To create Clean Fuel Regulations (CFR) credits, the registered creator or foreign supplier must ensure that every point within the supply chain that harvests, mixes, processes, divides, or obtains all or any portion of a quantity of feedstock used to produce the low-carbon-intensity fuel (LCIF) must meet the applicable LUB criteria, material balancing requirements and declaration requirements. Material balance calculations at all points along the LCIF supply chain must align with the physical flow of feedstock. This means the quantity of eligible feedstock of that type outgoing from a site must not exceed the physical quantity of feedstock of that type present at the site.   

Subsection 47(1) of the Regulations describes the quantity of eligible feedstock and how to calculate it.    

• As per subsection 47(1), after each time a quantity of eligible feedstock is removed from the site, if more eligible feedstock was received at that site than was sold, the surplus of the eligible feedstock physically present at the site can be carried forward as a positive balance, identified as part of Q_inventory.
• However, at no point should the feedstock inventory, Q_inventory, for a specific type of feedstock exceed the total physical quantity of feedstock of that type present at the site. 

The CPA successfully requested Transport Canada to renew the following industry equivalency certificates that were set to expire:

• Equivalency certificate SU 10644 (REN 8)
• Equivalency certificate SU 11028 (REN 6)
• Equivalency certificate SU 11123 (REN 10)
• Equivalency certificate SU 11248 (REN 7)
• Equivalency certificate SU 11577 (REN 8)

The renewed equivalency certificates are effective immediately; please ensure you replace the previously issued versions in your vehicles as they are no longer valid.

Please remember: The terms and conditions on the certificates must be adhered to at all times. Subsection 31(4) of the Transporation of Dangerous Goods (TDG) Act, 1992 stipulates that non-compliance with any of the terms or conditions invalidates the certificate. In addition, subsection 31(6) of the same act gives the Minister, or a designated person, the authority to revoke the certificate. All other requirements of the TDG Regulations must be complied with except for those specified in the certificate.

All CPA equivalency certificates are available on the CPA website.

For more information, please contact Robert Loenhart, Senior Vice President of Regulatory Affairs.

A hose assembly used during tank loading and unloading must be inspected and tested annually by a competent facility per Clause 7.2.10 of the CSA B620 standard.

What information is required to be marked on a hose assembly?

Each hose assembly shall be marked with the:

• Hose assembly working pressure (HAWP)
  • The HAWP corresponds to the lowest-rated component in the assembly, or the maximum pressure expected in service, whichever is less.
  • A hose assembly used exclusively for vacuum loading must be marked “vacuum only“.
• Serial or identification number
• Inspection and testing date
  • A hose assembly that has passed the inspection and pressure test shall be marked with the month and year of the test and inspection.
• “IS” and return-to-use date
  • A hose assembly held in stock after an inspection and test shall be marked with “IS” and, when returned to service, the return-to-use date.

Can a hose assembly with undetermined ratings be marked or used?

• No. A hose assembly for which ratings cannot be determined shall neither be marked nor used.

How must a hose assembly be marked?

The marking must comply with Clause 7.2.10.11 of CSA B620:

• It can be stamped on an end fitting or applied by using a securely attached metal tag or metal washer.
• Characters must be at least 5 mm (0.2 in) high.
• It shall endure the rigours of daily use and its depth and location shall not degrade the pressure rating of the hose.

Questions? Contact Transport Canada at MOCRegister-Registercontenant@tc.gc.ca.

The British Columbia Ministry of Energy and Climate Solutions has announced updates to the B.C. Output-Based Pricing System (OBPS) Reporting Guidance and Allocation Calculator. These updates address inconsistencies, incorporate industry feedback, and add reduction factors for critical minerals in mining, smelting, and refining. The revised Allocation Calculator now includes all emissions, including non-compliance-related ones. Recent updates to the Greenhouse Gas Emissions Reporting Regulation are available on BC Laws Publications.

The following Joint STANDATA is now available on the Alberta.ca website. Follow the link below to view or print copies.

23-FCI-004 – 23-BCI-000 Fixed Fire Suppression and exhaust cooking, cleaning and maintenance

STANDATA interpretation : building [National Building Code-2023 Alberta Edition]

STANDATA interpretation : fire [National fire Code-2023 Alberta Edition]

For more information on Alberta Safety Codes: www.alberta.ca/safety-codes. Send queries to safety.services@gov.ab.ca.

The Alberta Government has updated the Consolidated Fuel Supplier, Renewable Fuel Provider and Approved Contributor Compliance Report for the 2024 Renewable Fuels Standard compliance year.

The next Compliance Reporting Information Session for RFS stakeholders will be held on January 31, 2025 from 10:30 to 11:15 (Mountain Time).

The agenda includes a review of 2023 RFS Compliance Reporting, learnings and issues under consideration, and a Q&A session.  Click here to join the meeting.

The QC Ministry of the Environment, the Fight against Climate Change, Wildlife and Parks and the California Air Resources Board announced that the next joint carbon market auction will be held on February 19, 2025.

The publication of the Auction Notice, which includes the number of emission units for sale, minimum prices and application requirements, marks the beginning of the application period. The application period closes on January 21, 2025.

The February 19, 2025, Joint Cap-and-Trade Auction #42 Notice is available here.