Transport Minister Lisa Raitt recently let it be known that the Canadian federal government will for the first time be requiring some shippers of crude oil by rail or truck to put in place Emergency Response Assistance Plans (ERAPs) under the federal Transportation of Dangerous Goods Act, 1992.
An ERAP describes what is to be done in the event of a transportation accident involving certain high-risk dangerous goods. An ERAP is required for dangerous goods that require specially trained and equipped emergency response personnel at the scene of an accident. Intended to assist local emergency responders by providing them with technical experts and specially trained and equipped emergency response personnel, ERAPs are presently required only for the highest level of hazardous goods.
Historically, Transport Canada has considered crude oil flammable but not highly explosive. However, a 72-unit train carrying crude oil derailed and exploded in Lac-Mégantic, Quebec, on July 7, 2013, killing 47 people and destroying much of the downtown. It was the worst railway disaster in Canadian history. Another accident involving the explosion of railway cars carrying crude oil occurred in North Dakota on December 30, 2013. There were no deaths in this latter accident, which occurred in an open field.
A special Transport Canada working group is developing an ERAP for crude oil with a target of finalizing it by the end of January 2014. They will have to decide which type of crude oil requires an ERAP and whether the regulations will differ depending upon the volume of the oil. Changes to the regulations are expected to be in place by mid-2014.
Other initiatives regarding dangerous goods
This latest regulatory initiative comes after several others. On September 11, 2013, the Transportation Safety Board of Canada issued safety advisory letters to Transport Canada and the United States Pipeline and Hazardous Materials Safety Administration calling on regulators to review the procedures for suppliers and companies transporting or importing dangerous goods to ensure the properties of the goods are accurately determined and documented for safe transportation. Transport Canada responded on October 17, 2013, by issuing a Protective Direction under s. 32 of the Transportation of Dangerous Goods Act, 1992 requiring any person engaged in importing or offering crude oil for transport to immediately test the crude if it has not been tested since July 7, 2013, and to provide the results to Transport Canada.
On November 20, 2013, another Protective Direction was issued requiring certain railways to provide emergency planning officials of each municipality through which dangerous goods are transported with annual aggregate information on the nature and volume of the dangerous goods.
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