Canada checks AN regulation

SAFE AS HOUSES

AMMONIUM NITRATE • THE DEVASTATING EXPLOSION IN BEIRUT IN 2020 PROMPTED MANY COUNTRIES TO EXAMINE THE STORAGE OF EXPLOSIVES. CANADA HAS IDENTIFIED SOME ISSUES

FOLLOWING THE DEVASTATING explosion in the port of Beirut, Lebanon on 4 August 2020 (above), which involved the detonation of more than 2,000 tonnes of ammonium nitrate (AN), many countries around the world have been examining their own regulatory oversight and industry best practices. Transport Canada’s Transportation of Dangerous Goods (TDG) Directorate was one of those, and it has now published the results of its review of the current regulatory landscape and best practices, both domestic and international, regarding the storage, handling, and transport of ammonium nitrate.

While the AN used in the explosives industry has a well-defined regulatory framework, efforts should be made to better understand the role of federal, provincial, and municipal authorities in establishing the requirements pertaining to the management of AN used as fertiliser in Canada, its report says, mirroring the experience in other countries. The storage, handling and transport of AN in Canada are subject to a regulatory framework at the federal level, involving not only Transport Canada (TC) but also Natural Resources Canada (NRCan), Environment and Climate Change Canada (ECCC), and the Canadian Border Services Agency (CBSA). In addition, land use planning and zoning, building standards, construction design and fire prevention requirements are enforced by the various provinces, territories and municipalities through Building and Fire Codes, raising the potential for different standards in different parts of the country.

As part of its review, TC also identified numerous industry best practices and documents, both domestic and international, that could be adapted in Canada to improve the safety and security of activities involving AN.

ACCIDENT RECORD AN is stored in various locations across Canada, often close to population centres. Some of these are dedicated facilities, such as at manufacturing sites or mines, but others may be less well managed, at ports, construction sites or farms. AN can be stored in bulk (unpackaged) or in packages of different sizes, but in both cases it must be segregated from other chemicals and kept in clean, closed and dry containers or warehouses.

TC identified a total of 165 incidents involving the transport or storage of AN since 1990, mostly taking place in the provinces of Alberta and Quebec. Of that number, 102 occurred during transport by road or rail and the remainder happened during handling at a facility.

One of the most serious incidents took place near Walden, Ontario in 1998, when the driver of a truck carrying 18,000 kg of explosives (part of which was AN prill mixed with fuel oil) lost control and ran off the road; a spark ignited a fire in the truck which, after about 35 minutes, led to an explosion that created a 30-metre crater in the road and triggering tremors that could be felt 10 km away. Fragments of the truck were blow up to

2.7 km away. Fortunately there were only minor injuries sustained during the incident, mainly relating to exposure to AN. As a result of that incident NRCan considered reducing the maximum permitted load size of explosive during transport.

TC also looked at the potential for AN to be used maliciously in terrorist attacks. Given its widespread use, AN can be stolen relatively easily and has been used in a number of well documented attacks in Oklahoma City, Oslo, London, Hyderabad and New Delhi, among others. To address this global security issue associated with AN-based bombs, global efforts have been taken to require access control and accountability in the production and use of AN worldwide.

REGULATORY LANDSCAPE In Canada, federal regulations cover many aspects of safety and security in the transport, storage and handling of AN, with NRCan regulating all aspects through the Explosives Act and the Explosives Regulations 2013. The security requirements focus on suppliers and control access, sale and inventory to ensure that AN is not intentionally misused. The safety requirements ensure that workers are adequately trained for their tasks and that storage installations have safety plans in place with emergency procedures that reduce the likelihood of harm to people or property is minimised. National standards also exist that set out additional safety requirements.

In transport, federal regulations cover all modes, either specifically covering dangerous goods (the TDG Regulations) or each mode (for instance, the Railway Safety Act).

Where no federal authority exists, such as in the case of fire or building codes, federal models and guidelines have been developed to guide provincial and municipal practices. These federal models do not prescribe requirements but, rather, articulate best practices and provide example regulations that may be adopted. In instances where provincial authority is shared with the municipalities, again using the example of fire or building codes, provinces put in place model codes which a municipality may adopt, but are free to add additional safety requirements. Moreover, a municipality may adopt the federal fire code model and adapt/ modify it according to specific needs.

For example, land-use planning and zoning are governed by provincial/territorial legislation and implemented by municipalities. The latter are responsible for preparing and adopting planning instruments in their respective jurisdictions, such as official plans and by-laws. This allows municipalities to control use of their territory and provides them with a regulatory zoning framework, which includes details pertaining to lot size, suitable use, and the height of buildings. In this way, municipalities regulate the location of AN within their jurisdiction and specify the conditions under which AN-related activities may be undertaken.

In the case of construction standards and fire prevention, storage facilities containing AN of Division 5.1 in quantities of more than 1,000 kg are subject to provisions set out in the National Building Code (NBC), National Fire Code (NFC) and National Farm Building Code (NFBC). These form the basis for all provincial/territorial and municipal codes but, to have legal force, have to be adopted by local authorities. Most provinces/territories have done so but, for example, while New Brunswick and Manitoba follow the 2010 editions of NFC and NBC, six other provinces and territories have updated to the 2015 edition; in addition, Quebec has its own codes based on the 2010 editions and British Columbia, Alberta and Ontario have their own codes based on the 2015 editions.

TC’s review looks into the resulting differences in requirements and states: “Since such variances exist, a more comprehensive analysis of municipal and provincial codes would be useful in assessing whether the specific AN storage requirements satisfy safety and security best practice for storage.”

CONCLUSIONS AND PROPOSALS Summing up its findings, TC says that the regulatory framework in Canada is a shared jurisdictional responsibility and requires a strong collaborative approach between federal, provincial and municipal levels of government. Overall, it was determined that Canada’s AN regulatory framework is robust and is supported by industry’s comprehensive codes of practices and international best practices. Nevertheless, there may be opportunities for further enhancement.

In particular, the Ammonium Nitrate Storage Facilities Regulations, which falls under the Railway Safety Act, differs from the TDG Regulations in terms of the classification and identification of AN-based fertilisers, which can cause miscommunication. The Ammonium Nitrate Storage Facilities Regulations also only apply to federally regulated railway companies, thus missing a large number of users, manufacturers and distributors, include out-of-date safety distances and allow storage facilities to be constructed from combustible materials.

The multi-jurisdictional approach to the regulation of AN also creates some challenges for the regulated community, TC says. For example, when looking at storage facilities, a regulated party must comply with regulations at the federal, provincial and municipal level. Moreover, some of these regulations only apply in specific situations: storage facilities containing less than 1,000 kg of Division 5.1 AN or any amount of Class 9 AN have no specific safety or security requirements and, unless covered by municipal land-use planning requirements, could even be located in a densely populated area.

Indeed, as municipalities may adopt or modify the various applicable codes, there may be significant variations across the country, making it difficult to assess the impact of controls. Due to such variance, a more comprehensive analysis is being undertaken to assess whether AN storage meets adequate safety and security standards across the country.

TC concludes that the management of AN is a complex and cross-cutting matter. It now plans to examine regulations under its authority to enhance regulatory clarity and maintain alignment with the UN Model Regulations, collaborate with industry, provinces and territories to raise awareness and advise on the safety aspects pertaining to AN activities, and to create a one-stop shop to answer questions about the regulatory framework surrounding ammonium nitrate and promote awareness. tc.canada.ca