Proposals for Amendments to the
Site and Storage Conditions for Aerosols
May 2013
Proposed Amendments to the Site and Storage Conditions for Aerosols
Table of Contents
1.
Background ....................................................................................................................... 3
2.
Basis for the proposed amendments .............................................................................. 3
3.
The Proposed Amendments ............................................................................................ 4
Proposal 1 – to allow for other solutions ............................................................................................ 5
Proposal 2 – Dedicated building or room in a building ..................................................................... 5
Proposal 3 – Aerosols in a general purpose warehouse................................................................... 6
Proposal 4 – Delete Part 2..................................................................................................................... 4
Proposal 5 – Define fire resistance rating ........................................................................................... 7
Proposal 6 – Correct the definition of ‘area of high intensity land use ........................................... 7
4.
The EPA’s assessment ..................................................................................................... 9
Efficiency and Effectiveness ................................................................................................................ 9
One Set of Conditions for Similar Nature, Type, or Circumstance of Use ...................................... 9
Best International Practices and Standards ....................................................................................... 9
Controls appropriate for the group in accordance with sections 77, 77A and 77B of the HSNO Act 10
5.
The Next Steps ................................................................................................................ 10
Consultation ......................................................................................................................................... 10
Following Consultation ....................................................................................................................... 10
When the amendments to the group standard come into force ..................................................... 11
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Proposed Amendments to the Site and Storage Conditions for Aerosols
1. Background
1.1. The Group Standards Site and Storage Conditions for Aerosols were established in July 2006 (“the
Conditions”). The Conditions are incorporated by reference into the Group Standards listed in
Appendix 1. The full text of the Site and Storage Conditions for Aerosols is available from the EPA
website1.
1.2. The Environmental Protection Authority (“the Authority”) is now proposing to amend the Site and
Storage Conditions for Aerosols and is requesting submissions on the proposal and its assessment.
2. Basis for the proposed amendments
2.1. Clause 25 of the Conditions requires that a building holding more than an aggregate quantity of 3000
litres (water capacity) of flammable aerosols must be separated from the boundary of the controlled
zone by a distance of 3 metres.
2.2. It is proposed that alternatives to the 3 metre separation requirement be added to the Conditions that
provide equivalent levels of mitigation of the adverse effects of aerosol storage, taking account of
the quantity of aerosols held, the nature of the building or room construction where the aerosols are
held, and the provision of risk mitigating features such as fire protection.
2.3. The alternative solutions draw on cases provided in the following standards: National Fire Protection
Association (NFPA) 30B “Code for the manufacture and storage of aerosols” 2007; and AS/NZS
3833: 2007 “The storage and handling of mixed classes of dangerous goods in packages and
intermediate bulk containers”. The details of the proposed alternative solutions are given below in
section 3.
2.4. It is also proposed that Part 2 of the Conditions be deleted as it has no practical effect.
2.5. The interpretation section of the Conditions will be amended to add a definition for fire resistance
rating (FRR) and to formally incorporate the correction to the definition of “area of high intensity land
use” issued in November 2006.
2.6. If approved by the Authority, the proposals would form part of the Conditions.
2.7. Consequential amendments to the applicable Aerosol Group Standards will be required to update
the reference to the Conditions.
1
http://www.epa.govt.nz/hazardous-substances/approvals/group-standards/Pages/site-storage.aspx
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Proposed Amendments to the Site and Storage Conditions for Aerosols
3. The Proposed Amendments
3.1.
The proposed amendments are to Part 2, Clauses 21 and 22; Part 3, Clause 25; and the interpretation
section at the end of the Conditions.
Proposal 1 – Delete Part 2
3.2.
It is proposed to delete Part 2 “Flammable aerosols NOT located at a hazardous substance location”
from the Conditions.
Part 2 ‘Conditions relating to the Unintended Ignition of Flammable Aerosols not located at a
hazardous substance location’ IS DELETED.
3.3.
Part 2 has no material effect because the aggregate quantity triggering the separation control is also
the trigger quantity for the requirement to have a hazardous substance location.
3.4.
Part 3, Clause 25 Separation of building holding flammable aerosols from boundary of controlled zone
provides the following:
25(1) This clause applies to a building that holds flammable aerosols at a hazardous substance
location, the capacity of which exceeds 3000 L aggregate water capacity.
25(2) If the controlled zone containing a building to which this clause applies abuts an area of
high intensity land use, the building must be separated from the boundary of the controlled
zone by not less than 3m.
3.5.
The proposed amendments to Clause 25 add alternative requirements for the storage of flammable
aerosols presented as:
3.5.1. Holding:
3.5.1.1.
more than 3000 litres up to 10,000 litres aggregate water capacity; and
3.5.1.2.
more than 10,000 litres aggregate water capacity, in either:
3.5.1.3.
A dedicated building or room holding aerosols only, or in
3.5.1.4.
A general purpose warehouse.
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Proposed Amendments to the Site and Storage Conditions for Aerosols
Proposal 2 – to allow for alternative requirements
Amend clause 25(2)
“25(2) If the controlled zone containing a building to which this clause applies abuts an area of
high intensity land use, the building must be separated from the boundary of the controlled
zone by not less than 3m; OR
3.6.
This amendment is required in order to allow alternative solutions to follow.
Proposal 3 – Dedicated building or room in a building
New clause 25(3)
The building or room may have less than 3 metres separation and abut the boundary of the
controlled zone if:
a. The building / room holds up to 10,000 litres aggregate water capacity of flammable
aerosols and either the building / room has fire rated walls of FRR 60/60/60, and selfclosing fire rated doors of FRR -/60/60; or the building / room has sprinklers delivering
water as per section 6.3.2 and associated tables in NFPA 30B and designed and
maintained in accordance with NZS4541: 2007; or
b. The building /room holds more than 10,000 litres aggregate water capacity of flammable
aerosols, and either
i.
the building /room has fire rated walls of FRR 120/120/120, self-closing fire rated
doors of FRR -/120/60, and either
a. fire rated parapet walls of FRR 120/120/120 or
b.fire rated ceiling panels of FRR -/120/120 extending back into the room
by 2.4m from the wall abutting the boundary with high intensity land
use; or
ii.
the building / room has fire rated walls of FRR 60/60/60, self-closing fire rated
doors of FRR -/60/60, and either
a. fire rated parapet walls of FRR 60/60/60 or
b.fire rated ceiling panels of FRR -/60/60 extending back into the room by
2.4m from the wall abutting the boundary with high intensity land use
AND
c. the building / room has sprinklers delivering water as per section 6.3.2
and associated tables in NFPA 30B and designed and maintained in
accordance with NZS4541: 2007.
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Proposed Amendments to the Site and Storage Conditions for Aerosols
Revised clause 25(1)
25(1) This clause applies to a building or room that holds flammable aerosols at a hazardous
substance location, the capacity of which exceeds 3000 L aggregate water capacity.
3.7.
These cases allow storage of aerosols in a dedicated building to have reduced separation down to
zero separation or to allow storage in a dedicated room in a building, provided the building or room
has fire rated construction of walls, doors and ceiling areas adjacent to the high intensity land use
depending on the quantity of aerosols held. A combination of fire rated construction and fire protection
is also provided.
3.8.
A consequential amendment is made to 25(1) to allow for the addition of the case of storage in a room
in a building.
Proposal 4 – Aerosols in a general purpose warehouse
New clause 25(4)
Where there is an aggregate quantity of flammable aerosols greater than 3,000 litres water
capacity but less than 10,000 litres water capacity held in a general purpose warehouse used
for receiving, storing and distributing of mixed goods and not accessible by the general
public, instead of 3 metres separation to the boundary of the controlled zone, the flammable
aerosols may be held in an area separated from the rest of the warehouse by either:
a. Interior fire rated walls of FRR 60/60/60 from floor to roof and self-closing fire rated
doors of FRR -/60/60, or
b. chain-link fencing from floor to roof of 2.9mm or 9 gauge steel wire with a maximum
50mm diamond mesh, with self closing gates or labyrinth openings of overlapping
chain link fencing, and an in-rack sprinkler system delivering water as per NFPA 30B
and designed and maintained in accordance with NZS4541: 2007.
OR
Where there is a capacity of flammable aerosols greater than 10,000 litres aggregate water
capacity held in a general purpose warehouse used for receiving, storing and distributing of
mixed goods and not accessible by the general public, instead of 3 metres separation to the
boundary of the controlled zone, the flammable aerosols may be held in a segregated area
separated from the rest of the warehouse by either:
a. interior fire rated walls of FRR 120/120/120 from floor to roof and self-closing fire rated
doors of FRR -/120/60, or
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Proposed Amendments to the Site and Storage Conditions for Aerosols
b. chain-link fencing from floor to roof of 2.9mm or 9 gauge steel wire with a maximum
50mm diamond mesh, with self closing gates or labyrinth openings of overlapping
chain link fencing, and an in-rack sprinkler system delivering water as per section 6.3.2
and associated tables in NFPA 30B and designed and maintained in accordance with
NZS4541: 2007
3.9.
These cases allow for alternatives to the 3 metres separation where aerosols are stored in a general
purpose warehouse to which the public do not have access. That is, this does not apply to retail
establishments.
Proposal 5 – Define fire resistance rating
Fire resistance rating (FRR), in relation to an object or item, means that the object or item is
able to maintain its stability, insulation, and integrity, and is able to offer protection against
heat radiation for the time specified by the relevant rating in minutes, where stability,
insulation, and integrity, respectively, have the meanings ascribed to them in clause A2 of
Schedule 1 of the Building Regulations 1992.
3.10. This definition taken from the Hazardous Substances (Classes 1 to 5 Controls) Regulations is required
as the amendments introduce fire rated buildings and doors.
Proposal 6 – Incorporate correct definition of ‘area of high intensity land use’
area of high intensity land use—
(a) includes—
(i) an area of regular habitation; and
(ii) a structure made of or containing combustible materials that would sustain a significant
fire; and
(iii) a high density traffic route; but
(b) does not include a small office constructed of non-combustible materials associated with
a hazardous substance location that is used by persons authorised to be at the location by
the person in charge of that location
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Proposed Amendments to the Site and Storage Conditions for Aerosols
3.11. This definition was corrected in November 2006 to follow Schedule 10 of the Transfer Notice which is
the applicable definition for managing the effects of unintended ignition. It can now be formally
incorporated.
Proposal 7 – Define standards referenced in the proposals
NFPA refers to documents published by the National Fire Protection Association, Quincy,
Massachusetts, USA and NFPA 30B refers to the standard “Code for the manufacture and
storage of aerosols” 2007.
NZS refers to a New Zealand Standard published by Standards New Zealand and NZS4541
refers to the standard “Automatic fire sprinkler systems” 2007.
3.12. These definitions are to be added to the Interpretation section to clarify the standards that are
incorporated by reference into the Conditions.
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Proposed Amendments to the Site and Storage Conditions for Aerosols
4. The EPA’s assessment
4.1. Before amending a group standard, the EPA must:
a. be satisfied that the group standard is a more efficient and effective way of managing the risks
of all the substances in the group;
b. be satisfied that all the substances or products in the group standard have a similar nature, are
of a similar type, or have a similar circumstance of use, such that the risks of the substances or
products can be effectively managed by one set of conditions;
c.
consider best international practices and standards for the safe management of hazardous
substances; and
d. consider the types of controls appropriate for the group in accordance with sections 77, 77A and
77B of the HSNO Act.
4.2. The EPA’s assessment of these matters follows.
Efficiency and Effectiveness
4.3. The EPA considers the group standards for aerosols remain a more efficient and effective instrument
for managing the risks associated with all the hazardous substances in this group. It allows
importers and manufacturers to determine whether or not their products comply with the group
standard, and what they must do to achieve compliance. The amendment of the Conditions has no
effect on the efficiency and effectiveness of the group standards themselves.
One Set of Conditions for Similar Nature, Type, or Circumstance of Use
4.4. The flammable aerosols covered by the identified group standards are of a similar nature, type or
use such that they were appropriate for inclusion in the Aerosols Group Standards at the time the
group standards were first issued in 2006. This proposed amendment has no effect on the scope of
the substances covered by these group standards.
Best International Practices and Standards
4.5. The EPA has considered standards established in other jurisdictions for the purposes of managing
the risks associated with aerosol storage and is of the view that the proposed amendments reflect
best international practice for managing the risks of the unintended ignition of flammable aerosols.
4.6. The standards used (AS/NZS3833: 2007 and NFPA 30B: 2007) to identify equivalent solutions to the
3 metre separation distance reflect best international practice. In section 6.3.5, NFPA 30B specially
addresses the case of segregated aerosol product storage in general purpose warehouses and has
been used by the EPA for considering equivalent solutions in the past. AS/NZS3833: 2007 is
generally applicable referring to ‘retail distribution centres’ and provides direction in the levels of fire
rating for buildings and rooms ‘storing dangerous goods in retail packages’.
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Proposed Amendments to the Site and Storage Conditions for Aerosols
Controls appropriate for the group in accordance with sections 77, 77A and
77B of the HSNO Act
4.7. The amendments in the Conditions provide alternative requirements to the 3 metre separation
distance that manage the adverse effects of the storage of flammable aerosols in class 2.1.2A in
accordance with section 77 of the HSNO Act.
4.8. The amendments are proposed in line with section 77A(3)(b) to vary the specified 3 metre
separation distance.
5. The Next Steps
Consultation
5.1. The EPA is notifying the proposals for public submission by way of this consultation paper.
5.2. Any person may make a written submission on the proposed amendments. A submission:
a. shall state the reasons for making the submission;
b. may state any decision sought; and
c. shall state whether the person making the submission wishes to be heard.
Following Consultation
5.3. Following consultation on the proposals to amend the Conditions (material incorporated by reference
into the identified group standards):
a. Each written submission will be reviewed;
b. A summary of submissions will be prepared and sent to all submitters and placed on the EPA web
site;
c. If required, a hearing will be held by the Authority.
5.4. Following consideration of the submissions, any amendments decided by the Authority to the
Conditions will be made by notice in the Gazette.
5.5. As soon as practicable after amending the Conditions, the EPA will:
a. publish the amendments on the website and in publications relevant to affected persons; and
b. make the amendments available to be inspected free of charge; and
c. give public notice of where the amendments can be inspected.
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Proposed Amendments to the Site and Storage Conditions for Aerosols
When the amendments to the group standard come into force
5.6. If approved, amendments to Group Standards normally come into force 28 days after the date on
which they are notified in the New Zealand Gazette.
5.7. Comments on the appropriate implementation date of any proposal may be incorporated in a
submission on that proposal.
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Proposed Amendments to the Site and Storage Conditions for Aerosols
How to have your say
Your feedback on the proposed amendments to the group standard that are presented in this consultation
document is important in ensuring that the risks involved are adequately managed under the Hazardous
Substances and New Organisms (HSNO) Act 1996.
Please take this opportunity to have your say on this amendment to the Aerosol Site and Storage Conditions.
You can provide comment by making a submission on your own behalf or as a member of an organisation.
The submissions received will be summarised and presented to the Authority in a Summary of Submissions
document, together with the proposals to amend the Aerosol Site and Storage Conditions. If approved by
the Authority, the amendments to the Aerosol Site and Storage Conditions will be published in the New
Zealand Gazette.
You can make a submission by writing your comments on the submission form entitled ‘Making a
Submission’ on the following website page http://www.epa.govt.nz/about-us/have-your-say/Pages/makesubmission.aspx . Submissions can be made by mail, fax or email and should be addressed to:
Dick Burgess
Environmental Protection Authority
Private Bag 63002, Waterloo Quay
Wellington, 6140.
Fax: 04 914 0433
Email: dick.burgess@epa.govt.nz
All submissions must be received by 5 pm, Wednesday 17 July 2013.
For any queries on this amendment to the group standards contact;
Dick Burgess
Advisor
Hazardous Substances
Phone: +64 4 474 5582
Email: dick.burgess@epa.govt.nz
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Proposed Amendments to the Site and Storage Conditions for Aerosols
Appendix 1
Group standards incorporating by reference
‘Site and Storage Conditions – Aerosols’
The following group standards incorporate the site and storage conditions for aerosols:
Group standard approval number
Description
HSR002514
Corrosive
HSR002515
Flammable aerosols
HSR002516
Flammable Corrosive aerosols
HSR002517
Flammable Toxic aerosols
HSR002518
Non hazardous
HSR002519
Subsidiary hazard
HSR002520
Toxic (6.7)
HSR100628
Pheromones
HSR002552
Cosmetic products
HSR100575
HSR100758
HSR100759
Veterinary Medicines; Limited Pack Size,
Finished Dose
Veterinary Medicines; Non dispersive, Closed
system
Veterinary Medicines; Non dispersive, Open
system
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