Guidance Document

Guidance document

Environmentally Hazardous Products

Introduction This guidance document is an update and combined version of the CEPE guidance documents on “ADR and EHS”, “Marine pollutant” and “ICAO-TI and EHS” from 2009 and contains all the requirements and differences per mode of regulation.

Definition The definition for Environmentally Hazardous in the transport regulation is: Environmentally hazardous substances include, inter alia, liquid or solid substances pollutant to the aquatic environment and solutions and mixtures of such substances (such as preparations and wastes).

Classification of mixtures

The product will be environmentally hazardous for transport if classified as Aquatic Acute Category 1 or Chronic Category 1 or 2 of the GHS system.

Mixture which are classified as environmentally hazardous and not otherwise classified (i.e. not in Class 1 to 8 or in another entry of Class 9) shall be assigned to UN No 3077 or UN No 3082 of Class 9 and packaging group III.

In the IMDG code marine pollutants are classified according to this environmentally hazardous classification.

In ADN the GHS criteria is extended with Aquatic Acute Category 2 and 3 and Chronic Category 3 (see Annex II).

The summation method is one of the methods that can be used to calculate environmentally hazardous instead of testing the products itself or using the bridging principle. The calculation is using concentration limits of the substance in the mixture and multiplication factors (M factor) for highly acute and chronic substances depending on its ecotoxicity values (see Annex I).

GHS revision per Transport mode

ADR 2013 is referring to GHS revision 4 – 2011. According to ADR section 2.2.9.1.10.5 CLP regulation (EC 1272/2008 - Amendment EC 286/2011) can be used if data for classification according to the GHS criteria are not available. The CLP regulation is based on GHS revision 3 – 2009. Or the DPD classification R50, R50/53, R51/53 with the N symbol can be used for preparations if CLP is not used yet.

The IMDG code 2014 and the UN model regulation revision 17 - 2011 are referring to GHS revision 4. The IATA DGR 2013 is referring to GHS revision 3.

Notice that there was a difference between GHS revision 2 and 3 for environmentally hazardous. In revision 2 EH substance from 1% in the mixture were taken into account and this changed to 0.1% in revision 3.

Why not use DPD – CLP conversion anymore?

Classification CLP Classification DPD Hazard statements N CLP (GHS 09) N; R50 Aquatic acute 1 H400 Aquatic acute 1 N; R50-53 H400

Aquatic chronic 1 H410 N; R51-53 Aquatic chronic 2 H411

The criteria in DPD and CLP/GHS is not the same, a relation can be made only in absence of chronic data. The differences between DPD and CLP classification for environmentally hazardous:  chronic data on substance level (M factors for acute and chronic cat 1) and more information will become available by suppliers, REACH etc…  slightly different criteria for the higher cut-off values for logKow (is 4 in CLP, 3 in DSD) and BCF (is 500 in CLP and 100 in DSD)

Consequences environmentally hazardous classification for transport In ADR and IMDG the classification of environmentally hazardous has consequences for all classes (expect class 7) for marking and documentation. In the UN model regulation and IATA the classification of environmentally hazardous is only applicable for class 9 UN 3077 and UN 3082.

EHS Mark ADR and IMDG: All mixture classified as environmentally hazardous packed in packagings or combination packagings containing inner packaging of more than 5 L or 5 kg shall be marked and placarded with the EHS (Environmentally Hazardous Substances) mark (described in ADR par. 5.2.1.8.3). The IATA DGR 2013 requires the EHS mark for mixtures packed in packagings or combination packagings containing inner packaging of more than 5 L or 5 kg for class 9 UN No 3077 or UN No 3082. Thus the EHS mark is not for other classes but if required by other transport regulation, it is permitted.

Label All mixture classified as environmentally hazardous and not otherwise classified (i.e. not in Class 1 to 8 or in another entry of Class 9) shall be assigned to UN No 3077 or UN No 3082 of Class 9 and packaging group III and labelled with the class 9 label.

Documentation ADR 2013: All mixture classified as environmentally hazardous and ≥ 5 L must mention the words “ENVIRONMENTALLY HAZARDOUS” in the sequence of the dangerous goods description on the Dangerous Goods Declaration.

IMDG 2014: The words “MARINE POLLUTANT” and its technical or chemical name must be mentioned in the sequence of the dangerous goods description on the Dangerous Goods Declaration.

If there is multimodal transport “ENVIRONMENTALLY HAZARDOUS/ MARINE POLLUTANT” is allowed.

IATA 2013: There is no requirement to mention environmentally hazardous in the Dangerous Goods Declaration.

Annex I - The summation method:

Sum of components classified as: Mixture is classified as: Acute Category 1 × M ≥ 25 % Acute Category 1 Chronic Category 1 x M ≥ 25 % Chronic Category 1 (M x 10 x Chronic Category 1) + Chronic Category 2 ≥ 25 % Chronic Category 2

The M-Factor (see table below) must be used for the weighting of highly toxic components. The M-Factor for a specific highly toxic component is derived from its L(E)C50-value as shown in the table below: NOEC = No Observed Effect Concentration If no data on degradable is available, use non-rapidly degradable

A substance is Acute (short –term) aquatic hazard: Acute Cat 1 if L(E)C50 value ≤ 1 mg/l

Long term aquatic hazard 1. Non-rapidly degradable substance Chronic Cat 1 if NOEC or EC50 value ≤ 0.1 mg/l Chronic Cat 2 if NOEC or EC50 value ≤ 1 mg/l 2. Rapidly degradable substance Chronic Cat 1 if NOEC or EC50 value ≤ 0.01 mg/l Chronic Cat 2 if NOEC or EC50 value ≤ 0.1 mg/l 3. No adequate chronic toxicity data available Chronic Cat 1 if L(E)C50 value ≤ 1 mg/l and not rapidly degradable and/or BCF ≥ 500) or log Kow ≥ 4 Chronic Cat 2 if L(E)C50 value > 1 but ≤ 10 mg/l and not rapidly degradable and/or BCF ≥ 500) or log Kow ≥ 4

Annex II ADN (tank vessels on inland waterways)

For transport of packagings, tank containers and bulk containers, the same classification criteria for ADR are applicable. (See also 2.2.9.1.10.1 ADN). For carriage in tank ships, additional criteria are stipulated in chapter 2.4 ADN.  For environmental hazards, these are the GHS criteria "acute 2", "acute 3" and "chronic 3" (s. ADN 2.2.9.1.10.2). Substances meeting these additional criteria must be classified as Substance Numbers 9005 or 9006 instead of the UN 3077 or 3082. (s. ADN 3.2.3 table C). Additionally, these environmentally hazardous substances must be assigned into groups N1, N2 or N3.