By Frits Wybenga, Senior Technical Advisor    November, 2007

Most of the changes to the IMDG Code adopted by the DSC Subcommittee achieve harmonization with the most recent amendment to the UN Model Regulations on the Transport of Dangerous Goods adopted in December 2006. Of greater significance is the adoption of the Globally Harmonized System of Classification and Labeling (GHS) criteria for substances hazardous to the aquatic environment. These criteria have been in the UN Model Regulations for some time, but it is only with this amendment to the IMDG Code that criteria-based environmentally hazardous substances requirements will be incorporated into the IMDG Code.

New amendments to the International Maritime Dangerous Goods (IMDG) Code were agreed upon by the International Maritime Organization (IMO) 12th session (17 – 21 September 2007) of the Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC). The amendments were subsequently editorially reviewed by an IMO editorial group. They still need the blessing of the Sub-Committee’s two parent bodies but changes from here onward are expected to be more of an editorial nature. A newly amended version of the Code is expected by late 2008. Voluntary compliance is expected to be permitted on January 1, 2009, with compliance required a year later on January 1, 2010.

The size of the amendment document is somewhat intimidating. It covers 161 pages of text changes. One reason for its thickness is the rewrite of the requirements for radioactive materials to improve consistency with the International Atomic Energy Agency (IAEA) requirements. But these changes have no known substantive impacts of consequence. A document of this size defies point-by-point discussion. Readers are advised to review the document for any effects it might have on their operations.

While most of the changes are predictable in that they harmonize the IMDG Code with the most recent amendment to the UN Model Regulations on the Transport of Dangerous Goods adopted in December 2006, the “elephant in the closet” is the adoption of the Globally Harmonized System of Classification and Labeling (GHS) criteria for substances hazardous to the aquatic environment. These criteria have been in the UN Model Regulation for some time but it is only with this amendment to the IMDG Code that criteria-based environmentally hazardous substances requirements will be incorporated into the IMDG Code. Similar requirements are already in the European road and rail regulations. In addition, the Pipeline and Hazardous Materials Safety Administration (PHMSA) has stated on a number of occasions that it intends to implement similar requirements consistent with the IMDG Code effective date.

Environmentally hazardous substances requirements
Classification is undoubtedly the most daunting aspect of the new requirements. Currently the IMDG Code uses a list-based approach. Whether a material meets somewhat vague marine pollutant criteria has up until now been decided by a select group of experts. For those not in the expert group, it is difficult to challenge the decisions made because the classification records are difficult to acquire and the current criteria themselves leave considerable room for interpretation. An obvious advantage for shippers is that they do not need to apply tests or to follow some detailed classification protocol for the environmental hazard – they need only check to see whether a substance is on the list. The new requirements in the IMDG Code amendments include the criteria shown in Figure 1. The logic diagram in Figure 2 shows the decision points that will need to be walked through to decide whether or not a material is regulated for its hazard to the environment. Clearly, classifying materials for their environmental hazards will make the work of hazardous materials classification considerably more difficult.

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