ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
11 September 2006
Application Code
HSC06012
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
Zelam Limited
P O Box 7142
New Plymouth
Purpose of the Application
Experimental Anti-sapstain Treatments: to import into
or manufacture in containment for on-site testing of
experimental substances for the purpose of control of
unwanted organisms in various timber and engineered
wood products (field test).
Date Application Received
26 May 2006
Consideration Date
11 September 2006
Considered by
Rob Forlong, Chief Executive of ERMA New Zealand
1
SUMMARY OF DECISION
1.1
The application to import into containment the hazardous substances, Experimental
Anti-sapstain Treatments, is approved with controls in accordance with the
relevant provisions of the Hazardous Substances and New Organisms Act 1996 (the
Act) and the HSNO (Methodology) Order 1998 (the Methodology).
1.2
The substances have been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
Experimental Anti-sapstain Treatments
ERMA New Zealand Approval Code: HSC000243
2
LEGISLATIVE CRITERIA FOR APPLICATION
2.1
The application was lodged pursuant to section 31 of the Act. The decision was
determined in accordance with section 32, taking into account additional matters to
be considered in that section and matters specified under Part II of the Act and the
provisions of Part III of the Third Schedule of the Act. Unless otherwise stated,
references to section numbers in this decision refer to sections of the Act.
2.2
3
Consideration of the application followed the relevant provisions of the
Methodology. Unless otherwise stated, references to clauses in this decision refer
to clauses of the Methodology.
APPLICATION PROCESS
3.1
The application was formally received on 26 May 2006.
3.2
Project Team:
Nicola Reeves
Application Advisor (Hazardous Substances)
Chris Geering
Science Adviser (Hazardous Substances)
Peter Jackson
Advisor, Maori Unit
Report review and sign-out by:
Noel McCardle
4
Senior Advisor (Hazardous Substances)
3.3
The applicant supplied the following documents:
 the application; and
 confidential appendices, including study plans for trialling antisapstains.
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; and
 the Department of Labour (Workplace Group).
3.5
No responses were received.
3.6
The applicant was provided with a copy of the proposed controls for Experimental
Anti-sapstain Treatments and given the opportunity to comment on them. The
comments provided were taken into account in the setting of controls.
3.7
In accordance with section 58, the consideration of this application was postponed
pending submission of further information by the applicant.
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)).
4.2
In accordance with section 32, 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 to import and manufacture under containment
Experimental Anti-sapstain Treatments. The Experimental Anti-sapstain Treatments the
applicant is proposing to trial are antisapstains which will be used in on site testing to
assess their ability to control unwanted organisms in various timber and engineered
wood products.
4.4
The applicant advises that the substances will be tested as possible future timber
protection products, but not necessarily for use in New Zealand
4.5
The application has been submitted to cover import and manufacture of Experimental
Anti-sapstain Treatments for routine trials, with the intention that under this approval
these will in future require notification to ERMA New Zealand prior to the trial rather
than a new application each time.
4.6
As the purpose amounts to “research and development on any hazardous substance”, I
consider that the application qualifies for consideration under section 30(ba).
Life cycle
4.7
Zelam Limited plans to import or manufacture a maximum of one hundred litres (or
kilograms) of each substance.
4.8
The applicant advises that the Experimental Anti-sapstain Treatments will be imported
into New Zealand or manufactured in a laboratory that meets the requirements of the
Hazardous Substances (Exempt Laboratory) Regulations 2001.
4.9
Transport within New Zealand will be carried out in accordance with international or
HSNO requirements. The applicant advises that the substances may be transported
between the point of entry and preparation and storage facilities. Additionally, samples
of the substances will be transported to the trial sites
4.10
Samples of the Experimental Anti-sapstain Treatments will be diluted with water and
applied to the trial boards with purpose designed equipment. The Agency has noted that
application of the substances will be carried out in sawmills, and not in conditions
where drift of spray applications is likely to occur.
4.11
The applicant advises that any excess sample will be returned to storage.
4.12
At the completion of the trial unused substances will be returned to an exempt
laboratory, exported from New Zealand or degraded to non hazardous substances.
Hazardous properties
4.13
The Agency notes that a containment application only requires sufficient understanding
of the hazardous properties to ensure that any risks can be managed by the containment
controls.
4.14
The Agency also notes that the scope of the hazard information will often be limited, as
the substances will be experimental and may not be commercialised. Each substance
imported or manufactured under this approval will be notified to ERMA New Zealand
ERMA New Zealand Decision: Application HSR06012
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prior to its use, and the notification will include compositional information, a Project
Plan and a Safety Data Sheet and / or any available hazard information.
4.15
The Agency has have taken this into account in their review of the substances’
hazardous properties, and consider that the information is sufficient for me to determine
whether any risks can be managed by the containment controls.
Identification and evaluation of the significant risks of the substance
in containment
4.16
The applicant has identified and assessed potential risks and detailed proposals for, and
impacts of, risk management. The Agency has reviewed the applicant’s assessment of
the risks to the environment, human health and welfare and Maori issues and concerns
as set out below:
Risks to the environment
4.17
If released off target, the substances have the potential to result in adverse effects on the
environment.
4.18
On the basis of the lifecycle of the substances outlined in paragraphs 4.7-4.11, adverse
effects could arise from:
 an accident during storage, use or transportation, resulting in release of the
substances;
 failure to follow correct disposal procedures as outlined in the application; or
 failure to follow the correct operational procedures as set out in the controls,
study plans and individual project plans, resulting in release of the substances.
4.19
I consider that, taking into account the properties of the substances, the quantities
involved, the containment regime proposed by the applicant, the containment controls
in Appendix 1 and controls in place under other legislation, there are no significant
risks to the environment. I consider that the controls in place are not too onerous to be
complied with and therefore the risks to the environment are negligible.
Risks to human health and welfare
4.20
If the substances are ingested or inhaled, or come in contact with skin or eyes they have
the potential to cause adverse effects on human health.
4.21
On the basis of the lifecycle of the substances outlined in paragraph 4.7-4.11, adverse
effects could arise from:
 an accident during storage, use or transportation, resulting in release of the
substances;
 failure to follow correct disposal procedures as outlined in the application; or
 failure to follow the correct operational procedures as set out in the controls,
study plan and individual project plans, resulting in release of the substances.
 access of unauthorised persons to the treated trial boards.
4.22
I consider that, taking into account the properties of the substances, the quantities
involved, the containment regime proposed by the applicant, the containment controls
in Appendix 1 and controls in place under other legislation, there are no significant
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risks to human health and welfare. I consider that the controls in place are not too
onerous to be complied with and therefore the risks to human health and welfare are
negligible.
Māori issues and concerns
4.23
The Agency has considered the potential Māori cultural effects in accordance with
clauses 9(b)(i) and 9(c)(iv) and sections 6(d) and 8. In addition, they have used the
assessment framework contained in the ERMA New Zealand User Guide “Working
with Māori under the HSNO Act 1996” in assessing this application.
4.24
The Agency has noted that Experimental Anti-sapstain Treatments will have hazardous
properties that trigger several HSNO toxicity and ecotoxicity thresholds. There is the
potential that these substances could have a negative impact on Māori and the mauri of
iwi, cultural tāonga and the environment.
4.25
Having regard to the risks associated with these substances, I do not consider they will
have any significant impact on Māori culture or traditional relationships with ancestral
lands, water, sites, wāhi tapu, valued flora and fauna or other taonga. I have no
evidence to suggest that the use of Experimental Anti-sapstain Treatments in
containment will breach the principles of the Treaty of Waitangi and see no
requirement for the applicant to consult with Māori regarding this application.
4.26
This assessment is made on the condition that the substances are handled, stored,
transported, used and disposed of, in accordance with the explicitly stated controls, and
any controls stipulated in other applicable Acts. However, should inappropriate use, or
an accident, result in the contamination of waterways or the environment, it is
recommended that the Trial Director notify the appropriate authorities including the
relevant iwi authorities in that region. This action should include advising them of the
contamination and the measures taken to contain and remedy it.
5
CONTAINMENT AND CONTROLS
5.1
The Agency has 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, control 6);
 to exclude organisms from a facility (for example, control 3);
 to exclude unauthorized people from the facility (for example, control 9);
 to prevent unintended release of the substances by experimenters working with
the substance (for example, control 14);
 to control the effects of any accidental release of the substance (for example,
control 21);
 inspection and monitoring requirements (for example, control 25); and
 qualifications required of the person responsible for implementing the controls
(for example, control 14).
5.2
I am satisfied that, with adherence to the controls listed in Appendix 1 and those
controls in place under other legislation, Experimental Anti-sapstain Treatments
can be adequately contained.
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6
DECISION
6.1
I have considered this application made under section 31 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 Experimental Antisapstain Treatments, I am satisfied that the controls imposed, including those in
place under other legislation, will result in the substances being adequately
contained.
6.3
In accordance with clause 36(2)(b), I record that, in reaching this conclusion, I have
applied the criteria specified in section 32.
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 substances Experimental
Anti-sapstain Treatments is thus approved pursuant to section 32, with controls as
set out in Appendix 1.
Rob Forlong
Date 11 September 2006
Chief Executive of ERMA New Zealand
ERMA New Zealand Approval Code:
Experimental Anti-sapstain Treatments
HSC000243
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Appendix 1: List of controls that apply to the
hazardous substances Experimental Anti-sapstain
Treatments
1. Each substance imported or manufactured under this approval shall be notified in writing
to ERMA New Zealand prior to its use in a trial. The notification shall include:
- a unique identifier for the substance;
- composition details;
- a Project Plan for the trials, containing information as specified in
Appendix 2;
- a Safety Data Sheet and/or any known hazard information; and
- the following identifying details:
ERMA Application number
HSC06012
ERMA Approval number
HSC000243
ERMA Applications Advisor
Nicola Reeves
2. This approval will not apply to substances which trigger any hazardous property
thresholds in classes 1, 2, 3.2, 4 or 5.
3. This approval applies only to the use of Experimental Anti-sapstain Treatments at
sawmills.
4. The trials shall be undertaken in accordance with the Study Plan which accompanied the
application, and the Project Plan which accompanies the notification of each substance.
Modifications to the Project Plan or Study Plans may only be made with the prior written
approval of ERMA New Zealand.
5. The trials may be carried out at any sawmill that is not identified until the time that
preparations for a specific trial begin, provided the applicant:
- has written permission from the owner or manager of the sawmill; and
- notifies ERMA New Zealand in writing of the location in accordance
with Control 23.
6. Manufacture of the Experimental Anti-sapstain Treatments shall only be carried out in a
laboratory that meets the requirements of the Hazardous Substances (Exempt
Laboratories) Regulations 2001.
7. The trial sites shall be chosen so as to prevent the substances entering any surface water
or groundwater system.
8. The trial sites shall be located to prevent any residential building or workplace which is
not related to the research from being exposed to the substance.
9. A drip tray shall be used to contain drips of the Experimental Anti-sapstain Treatments
from the timber while it is held on pallets unless the timber is covered to prevent wash off
from rain.
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10. Access to the trial sites shall be by permission of the Trial Director1, or owner or manager
of the sawmill on which the site is located. The trial site boundaries shall be clearly
marked and distinctly visible throughout the life of the trials. The trial site shall be
signed indicating that unauthorized access is not allowed, that the site is subject to an
experimental timber treatment trial, and that the timber treated with the experimental
treatments should not be removed or disturbed.
11. The substances shall be stored, mixed, diluted and prepared prior to application in
accordance with good practice. This may be demonstrated by compliance with the New
Zealand Timber Preservation Council’s Best Practice Guideline for the Safe Use of
Timber Preservatives & Antisapstain Chemicals (September 2005).
12. The substances 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 Safety Data Sheet
shall accompany each shipment.
13. The substances shall be transported in accordance with good practice and where
appropriate in compliance with the Land Transport Rule: Dangerous Goods 2005.
14. The substances shall only be applied to sawn timber. Application of the substances will
be made in accordance with best practice which would generally be achieved through
compliance with the New Zealand Timber Preservation Council’s Best Practice Guideline
for the Safe Use of Timber Preservatives & Antisapstain Chemicals (September 2005).
15. The personnel applying the substances to the timber shall be able to demonstrate that they
have the qualifications necessary to carry out the trial, for example, by holding an
Approved Handler qualification. They should also be aware of the contents and
requirements of the study plans submitted with this application, the individual project
plans and these controls in order to adequately manage the substances.
16. No timber treated with Experimental Anti-sapstain Treatments shall be sold, offered for
sale, given away, bartered or otherwise distributed, except under the conditions detailed
in control 17.
17. Timber treated with Experimental Anti-sapstain Treatments may be given away or
distributed to another party to enable further trial work with the treated timber and/or
board to be carried out (for example decay trails or compliance testing).
18. Disposal of all timber treated with Experimental Anti-sapstain Treatments shall be
carried out at an appropriate waste disposal facility, (which may include a landfill),
subject to the facility’s waste acceptance policy. Disposal shall be in accordance with
local authority requirements.
19. Any equipment used shall be triple rinsed after use with water and if required with an
appropriate detergent or decontaminant. The rinsate shall be disposed of in accordance
with control 21.
1
The Trial Director is the individual appointed by the applicant, and named in the Project Plan as being
responsible for the overall conduct of the trial in accordance with the Management Plan and approval controls.
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20. Surplus substances (including surplus antisapstain that has been diluted for application or
surplus glue to which preservative has been added) remaining at completion of the trials
shall be returned to Zelam Limited for secure storage in an exempt laboratory, exported
from New Zealand or degraded to non hazardous substances. (Completion is defined as
the end of the trial programme as specified in the Project Plan for each substance. Once
the trials are complete the substances do not have approval to be present in New Zealand
except in an exempt laboratory).
21. Any accidental spillage of the unmixed substances or diluted substances, and residue
collected in drip trays shall be contained, prevented from entering waterways, and
absorbed with an appropriate absorbent material. This material shall be placed into
sealed containers and disposed of at an appropriate waste disposal facility (which may
include a landfill), subject to the facility’s waste acceptance policy.
22. Information on appropriate safety precautions necessary to provide safeguards against the
substances’ flammable, toxic and ecotoxic properties shall accompany the substances at
all stages of their lifecycles. Safety glasses, gloves and protective clothing shall be worn
when handling the substances throughout their lifecycles.
23. The Department of Labour [Attn. HSNO Project Manager (Workplace Group) P O Box
3705, Wellington] and ERMA New Zealand shall be informed in writing (by letter, fax or
email) of the location, start, and completion of the trials. Notifications shall include the
following details:
Substance name
ERMA Application number
ERMA Approval number
ERMA Advisor (Hazardous Substances)
HSC06012
HSC000243
Nicola Reeves
24. If for any reason a breach of containment occurs, the Trial Director shall notify the
Department of Labour and ERMA New Zealand within 24 hours of the breach being
detected. If a breach in containment results in contamination of a waterway, it is
recommended that the relevant iwi authorities be advised.
25. The Authority or its authorised agent or properly authorised enforcement officers, may
inspect the facilities and trial sites at any reasonable time.
26. This approval remains in force for five years from the date of this Decision.
27. The maximum total quantity of each Experimental Anti-sapstain Treatment that shall be
imported under this approval is 100 litres or 100 kg.
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Appendix 2: Contents of Project Plan
The Project Plan to be supplied for each substance shall contain information on the following
points:
1) Direction, including identification of the Trial Director
2) Substance
3) Project title
4) Objectives
5) Location of trial site
6) Application technique
7) Date on which the trial will commence and the expected duration of the trial
8) Application rate
9) Disposal of treated timber
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