ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
21 February 2005
Application Code
HSC04037
Application Type
To import or manufacture a hazardous substance in
containment under Section 31 of the Hazardous
Substances and New Organisms (HSNO) Act 1996
Applicant
GE Betz Australia Pty Limited
Purpose of the Application
To import into containment Fuelsolv FMG2960, a
fireside deposit and corrosion control agent, to assess the
efficacy of the product
Date Application Received
14 December 2004
Consideration Date
21 February 2005
Considered by
Bas Walker, Chief Executive of ERMA New Zealand
1
Summary of Decision
1.1
The application to import into containment the hazardous substance Fuelsolv FMG2960
is approved with controls in accordance with the relevant provisions of the Hazardous
Substances and New Organisms Act 1996 (the HSNO Act) and the HSNO
(Methodology) Order 1998.
1.2
The substance has been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
Fuelsolv FMG2960
2
Legislative Criteria for Application
2.1
The application was lodged pursuant to section 31 of the HSNO Act. The decision was
determined in accordance with section 32, taking into account additional matters to be
considered in that section and matters relevant to the purpose of the Act, as specified
under Part II of the HSNO Act and the provisions of Part III of the Third Schedule of
the HSNO Act. Unless otherwise stated, references to section numbers in this decision
refer to sections of the HSNO Act.
2.2
Consideration of the application followed the relevant provisions of the Hazardous
Substances and New Organisms (Methodology) Order 1998 (the Methodology). Unless
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otherwise stated, references to clauses in this decision refer to clauses of the
Methodology.
3
Application Process
3.1
The application was formally received on 1 December 2004 and assessed as having
sufficient information on 3 December 2004.
3.2
Project Team:
Nicola Reeves
Advisor (Hazardous Substances)
Sue Thomas
Senior Advisor (Toxicology)
Maraea Faulkner
Advisor, Māori Unit
Report review and sign-out by:
Beth Dye
Programme Manager, Applications (Hazardous
Substances)
3.3
The applicant supplied the following documents:
 The application
 Confidential appendices, containing compositional information.
3.4
The following Government departments were advised of the receipt of the application
(in accordance with clause 2(2)(e)) and given the opportunity to comment:
 The Ministry of Health
 The Department of Labour (Occupational Safety and Health)
3.5
No responses were received.
3.6
The applicant was provided with a copy of the proposed controls for Fuelsolv
FMG2960 and given the opportunity to comment on them. No comments were
received.
4
Consideration
Sequence of the Consideration
4.1
This application was considered by the Chief Executive of ERMA New Zealand under
delegated powers from the Authority (section 19(2)(e) of the HSNO Act).
4.2
In accordance with section 32 of the Act, the approach adopted when considering this
application was to confirm whether the application was for one of the purposes
specified in section 30, to identify and assess the risks and to determine whether the
substance could be adequately contained by controls to provide for each of the matters
specified in Part III of the Third Schedule of the Act.
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Purpose of the Application
4.3
The purpose of the application is import into containment Fuelsolv FMG2960, a
fireside deposit and corrosion control agent, to assess the efficacy of the product.
4.4
As the purpose amounts to “research and development on any hazardous substance”, I
consider that the application qualifies for consideration under section 30(ba) of the Act.
Life Cycle
4.5
GE Betz Australia Pty Limited plans to import up to 1500L of Fuelsolv FMG2960 into
Mt. Maunganui. From there the substance will be transported to the Fonterra Waitoa
site where the three month trial will take place.
4.6
The product will be stored in a double skinned vessel in a bunded area of a restricted
access area.
4.7
Fuelsolv FMG2960 will be dosed onto coal at a rate of 0.65kg/hr (~40mg/kg coal). The
feed system will consist of stainless steel hardline and a dosing pump. The coal dosed
with Fuelsolv FMG2960 will be used to fire a medium pressure boiler (42 bar).
4.8
The combustion products of Fuelsolv FMG2960 are mostly carbon dioxide, which will
exit with the flue gas, and oxides of magnesium and copper, which will be located in
the flyash residue. These oxides are not expected to substantially alter the composition
of the flyash residue. This residue will be disposed of by transporting it via road back to
the mine site and digging it back into the the ground.
Hazardous Properties
4.9
I note that a containment application only requires sufficient understanding of the
hazardous properties to ensure that any risks can be managed by the containment
controls.
4.10
The applicant has assessed the available information and has identified that Fuelsolv
FMG2960 is a flammable liquid (flash point 71ºC). Additionally the applicant indicates
that Fuelsolv FMG2960 triggers the following hazardous property thresholds: acute
toxicity to humans (via oral and dermal routes), eye irritation, and contact and
respiratory sensitisation.
4.11
Additionally the applicant has indicated that ecotoxicity data is not available for the
substance. The applicant notes that information relating to aquatic ecotoxicity is
available for one component and states that the component is toxic to aquatic
organisms.
4.12
I have reviewed the applicant’s hazard information and consider that it is sufficient to
describe the hazards associated with the substance to ensure that any risks can be
managed by the containment controls.
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Identification and Evaluation of the Significant Risks of the Substance in
Containment
4.13
In accordance with sections 5, 6, and 8 and clauses 9 and 11, I considered the potential
risks of escape from containment under the headings of environmental, human health
and welfare and Māori issues and concerns.
4.14
In the application, the applicant identified and assessed potential risks, and detailed
proposals for, and impacts of risk management. I have reviewed the applicant’s
assessment of the risks and agree that it is suitable for the consideration below.
Risks to the Environment
4.15
If released into waterways, the substance has the potential to result in adverse effects on
aquatic organisms.
4.16
On the basis of the lifecycle of the substance outlined in paragraphs 4.5 to 4.8, adverse
effects could arise from:
 An accident during transportation, storage, or use resulting in release of the
substance
 Failure to follow correct disposal procedures, as outlined by the applicant.
4.17
I consider that, taking into account the contained use of this substance at only one trial
site, the packaging and storage controls in Appendix 1, the provision made for the
disposal of unused substance and the flyash residue, and controls in place under other
legislation, there are no significant risks to the environment.
Risks to Human Health and Welfare
4.18
If the substance is ingested or inhaled, or comes into contact with skin or eyes there is
the potential to cause adverse effects on human health.
4.19
On the basis of the lifecycle of the substance outlined in paragraphs 4.5 to 4.8, adverse
effects could arise from:
 An accident during transportation, storage, or use resulting in release of the
substance
 Failure to follow correct disposal procedures, as outlined by the applicant.
4.20
I consider that, taking into account the contained use of this substance at only one trial
site, the packaging and storage controls in Appendix 1, the provision made for the
disposal of unused substance and the flyash residue, and the requirement for Personal
Protective Equipment while handling the substance there are no significant risks to the
human health and welfare.
Māori issues and concerns
4.21
I have considered the potential Māori cultural effects of this application in accordance
with sections 6(d) and 8 of the HSNO Act 1996, and the assessment framework
contained in the ERMA New Zealand User Guide “Working with Māori under the
HSNO Act 1996”.
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4.22
On the basis of the information provided by the ERMA New Zealand Advisor (Māori),
I consider that the substance is unlikely to have an impact on the relationship of Māori
and their culture and traditions with their ancestral lands, water, sites, waahi tapu,
valued flora and fauna and other taonga. This is on the condition that the substance is
used in accordance with the controls in Appendix 1, and in accordance with any other
relevant controls applied under other legislation.
5
Containment and Controls
5.1
I have evaluated the adequacy of the containment arrangements proposed by the
applicant and the controls listed in Appendix 1, and note that these cover the matters set
out in Part III of the Third Schedule of the Act, being
 To limit the likelihood of escape of any contained hazardous substances or
contamination by hazardous substances (for example, controls 8)
 To exclude organisms from a facility (for example, control 5)
 To exclude unauthorized people from the facility (for example, control 4)
 To prevent unintended release of the substances by experimenters working with the
substance (for example, control 9)
 To control the effects of any accidental release of the substance (for example,
control 10)
 Inspection and monitoring requirements (for example, control 5)
 Qualifications required of the person responsible for implementing the controls (for
example, control 10)
5.2
I am satisfied that with adherence to the controls listed in Appendix 1 and those
controls in place under other legislation, Fuelsolv FMG2960 can be adequately
contained.
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6
Decision
6.1
I have considered this application under section 31 to import into containment
hazardous substances, and pursuant to section 32, I am satisfied that this application is
for the purpose specified in section 30(ba).
6.2
Having considered the risks associated with the lifecycle of Fuelsolv FMG2960, I am
satisfied that the controls imposed, including those in place under other legislation, will
result in the substance being adequately contained.
6.3
In accordance with clause 36(2)(b) of the Methodology I record that, in reaching this
conclusion, I have applied the criteria specified in section 32 of the Act.
6.4
I have also applied the following criteria in the Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 11 – characteristics of substances;
 clause 21 – the decision accords with the requirements of the Act and regulations;
 clause 22 – the evaluation of risks – relevant considerations;
 clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques.
6.5
The application to import into containment the hazardous substance Fuelsolv FMG2960
is thus approved pursuant to section 32 of the Act, with controls as set out in Appendix
1.
Bas Walker
Date 21 February 2005
Chief Executive of ERMA New Zealand
ERMA New Zealand Approval Code:
Fuelsolv FMG2960: HSC000145
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Appendix 1: List of controls that apply to the
hazardous substance Fuelsolv FMG2960
1. The trial shall be conducted only for the purpose stated and shall be undertaken in
accordance with the details supplied to ERMA New Zealand in the application form and
the supporting material. Modifications to the proposed trial may be approved in writing
by ERMA New Zealand providing that they comply with the following controls.
2. Notwithstanding the requirements of control 1 above, the trials shall also comply with the
following controls:
3. The trial may only be conducted at the Fonterra Waitoa site, identified in the application
as the site of the trial.
4. Access to the trial site shall be restricted to entry by approved personnel only.
5. The trial site shall be a secure site. Inspection and monitoring of the trial site will be
carried out by operators on the site and in accordance with the site’s own standard
operating procedure.
6. The substance shall be securely packed in suitable containers that comply with the
Hazardous Substances (Packaging) Regulations 2001, and shall be labelled in accordance
with the Hazardous Substances (Identification) Regulations 2001. A MSDS shall
accompany each shipment.
7. The substance shall be transported in compliance with any relevant requirements of the
Land Transport Rule: Dangerous Goods 1999.
8. The substance shall be stored only at the trial site identified in the application. The
substance shall be stored in a double skinned vessel (secondary containment) in a bunded
area.
9. The dosing system used shall be hard piped resulting in the substance only being
delivered to the intended location, preventing unintentional release of the substance.
10. The personnel involved in the trial shall be able to demonstrate that they have the
qualifications necessary to carry out the trial work. Ways of demonstrating this would
include being able to provide upon request, evidence of training in the use of equipment
to be used in the trial or the holding of an Approved Handler qualification.
11. Any accidental spillage of the substance shall be contained and prevented from entering
waterways. The material will be recovered and used in the trial.
12. Any work to be carried out on the dosing system during the trial shall be done in
accordance with the trial site’s Permit to work system. Minimum Personal Protective
Equipment (PPE), including long trousers, long sleeve shirt, steel cap boots, safety
goggles and chemical resistant gloves, will be required.
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13. The flyash residue from the burnt coal shall be disposed of by returning it to the mine site
and digging it back into the ground.
14. Surplus substance remaining at the end of the trials and the semi-bulk storage container
shall be shipped back to Australia.
15. Fuelsolv FMG2960 shall not be offered for sale.
16. Information on appropriate safety precautions necessary to provide safeguards against the
substance’s potential ecotoxic properties shall accompany the substance at all stages of its
lifecycle.
17. Information on appropriate safety precautions necessary to provide safeguards against the
substance’s toxic properties shall accompany the substance at all stages of its lifecycle.
Minimum Personal Protective Equipment (PPE), including long trousers, long sleeve
shirt, steel cap boots, safety goggles and chemical resistant gloves, shall be worn when
handling the substance throughout the lifecycle.
18. Occupational Safety & Health, Head Office [Attn. HSNO Project Manager (OSH) or
equivalent position] and ERMA New Zealand shall be informed in writing (by letter, fax
or email) of the start and completion of the trials. Notifications shall include the
following details::
Substance name
ERMA Application number
ERMA Approval number
ERMA Applications Advisor
Fuelsolv FMG2960
HSC04037
HSC000145
Nicola Reeves
19. If for any reason a breach of containment occurs, GE Betz Australia Pty shall notify OSH
and ERMA New Zealand within 24 hours of the breach being detected. It is suggested
that if a breach in containment results in contamination of a waterway, the relevant iwi
authorities be advised.
20. The Authority or its authorised agent or properly authorised enforcement officers, may
inspect the facilities and trial sites at any reasonable time.
21. This approval remains in place for 1 year.
22. The maximum total quantity of Fuelsolv FMG2960 that shall be imported under this
approval is 1500L (2500kg).
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