ENVIRONMENTAL RISK MANAGEMENT
AUTHORITY DECISION
30 September 2008
Application code:
HSR08078
Application type
Importation or manufacture of a hazardous substance for
release under Section 28A(2)(a) of the Hazardous
Substances and New Organisms Act 1996.
Applicant:
The Department of Conservation
Purpose of the application
To manufacture Cube Root Slurry (containing 1.2 - 1.8%
rotenone) as a piscicide for eradication of invasive species in
freshwater or as sampling tool for cryptic fish in the marine
environment. (similar)
Date application received:
19 August 2008
Consideration date
29 September 2008
Considered by
Rob Forlong (Chief Executive, ERMA New Zealand)
1 Summary of decision
1.1
1.2
The application to manufacture Cube Root Slurry (containing 1.2 - 1.8% rotenone)
for release is approved with the controls as set out in Appendix 1. The approval to
import or manufacture has been given in accordance with the relevant provisions of
the Hazardous Substances and New Organisms (HSNO) Act 1996 (“the Act”), the
relevant HSNO Regulations, and the HSNO (Methodology) Order 1998 (“the
Methodology”), based on the proposed substance having a similar composition and
similar hazardous properties to a substance that has been approved under the Act.
The substance has been given the following unique identifier for the ERMA
New Zealand Hazardous Substances Register:
Cube Root Slurry (containing 1.2 - 1.8% rotenone)
2 Legislative criteria for the application
2.1
Unless otherwise stated, references to section numbers in this decision refer to
sections of the Act. The application was lodged pursuant to section 28. The
decision was determined in accordance with section 28A(2)(a), taking into account
the requirements of that section and matters specified under Part II of the Act.
2.2
Unless otherwise stated, references to clauses in this decision refer to clauses of the
Methodology. Consideration of the application followed the relevant provisions of
the Methodology.
3 Application process
3.1
The purpose of this application is to gain approval to manufacture Cube Root Slurry
(containing 1.2 - 1.8% rotenone) as a piscicide for eradication of invasive species in
freshwater or as a sampling tool for cryptic fish in the marine environment.
3.2
The application was formally received on 19 August 2008.
3.2.1
3.3
The consideration date was postponed by 20 working days under section
58(3) to complete the Agency’s advice to the Chief Executive.
The Department of Labour Workplace Group, the Conservation Department and the
Agricultural Compounds & Veterinary Medicines Group (ACVMG) of the New
Zealand Food Safety Authority (NZFSA) were advised of the application (clause
2(2)(e)).
3.3.1
No responses were received.
3.4
Evaluation of the application was undertaken by the ERMA New Zealand project
team which comprised the following staff members:
Margaret Keane
Advisor (Hazardous Substances)
Sekove Tinalevu
Advisor (Hazardous Substances)
Peter Dawson
Principal Scientist (Hazardous Substances)
3.5
The application was considered by the Chief Executive of ERMA New Zealand as
provided for by a delegation from the Environmental Risk Management Authority
(“the Authority”) under section 19(2)(d).
4 Consideration
Sequence of the consideration
4.1
The Department of Conservation seeks approval, under section 28, to manufacture
Cube Root Slurry (containing 1.2 - 1.8% rotenone) for release in New Zealand as a
piscicide.
4.2
A substance can be assessed by rapid assessment procedures, under section
28A(2)(a), if it can be shown that a substance having a similar composition and
similar hazardous properties has been approved by the Authority.
4.3
The approach adopted when considering this application was:

to review the information provided;

to identify the composition and hazardous properties of the proposed
substance and of the reference substance;

to determine whether the proposed substance has a similar use to the
reference substance; and
Environmental Risk Management Authority Decision: Application HSR08078
Page 2 of 16

4.4
to determine whether the reference substance is one that has been approved
by the Authority and whether the proposed substance has a similar
composition and similar hazardous properties to the reference substance.
And then:

to consider whether the risks posed by the proposed substance are the same
as, less than or greater than those posed by the reference substance;

to consider whether there are any effects that mean the proposed substance
should not be approved under section 28A; and

to consider whether the controls that apply under the Act to the reference
substance, modified according to the hazardous properties of the proposed
substance, will adequately prevent or manage any adverse effects.
Information review
4.5
The project team has reviewed the information supplied by The Department of
Conservation, and considers that the information constitutes an adequate and
appropriate basis for assessing the application (clause 8). They also consider that
there are no significant uncertainties (ie sufficient to influence decision making) in
the scientific and technical information relating to the risks of Cube Root Slurry
(containing 1.2 - 1.8% rotenone) (clauses 29 and 30).
Identification of the proposed substance
4.6
Cube Root Slurry (containing 1.2 - 1.8% rotenone) is a piscicide in the form of an
aqueous slurry, containing the active ingredient, rotenone, and other components.
Identification of the reference substance
4.7
The applicant has identified a reference substance, namely Cube Root Powder
(containing 6 – 9% rotenone), with which they consider Cube Root Slurry
(containing 1.2 - 1.8% rotenone) may be compared. This reference substance was
approved under section 28 on 11 April 2003 and given the approval code
HSR000053.
4.8
The project team considers the reference substance, referred to in paragraph 4.7, to
be an appropriate reference substance for Cube Root Slurry (containing 1.2 - 1.8%
rotenone).
Composition of Cube Root Slurry (containing 1.2 - 1.8% rotenone)
compared to that of the reference substance
4.9
Whilst Cube Root Slurry (containing 1.2 - 1.8% rotenone) is in the form of an
aqueous slurry, the reference substance is in the form of a powder. Both substances
contain the active ingredient, rotenone, and other components.
4.10
The active ingredient is the major hazardous component conferring the hazard
classifications on both Cube Root Slurry (containing 1.2 - 1.8% rotenone) and the
reference substance.
Environmental Risk Management Authority Decision: Application HSR08078
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4.11
The concentration of the active ingredient, and therefore the total concentration of
major hazardous components, is greater in the reference substance than in Cube
Root Slurry (containing 1.2 - 1.8% rotenone).
Hazardous properties of Cube Root Slurry (containing 1.2 - 1.8% rotenone)
compared to those of the reference substance
4.12
The project team has determined the hazard profile of Cube Root Slurry (containing
1.2 - 1.8% rotenone) based on the information provided by the applicant and other
available information. The hazard classifications for Cube Root Slurry (containing
1.2 - 1.8% rotenone) are set out in Table 4.1 for comparison against the reference
substance.
Table 4.1: Comparison of hazard classifications
Cube Root Slurry
Hazardous property
Acute toxicity
Skin irritation / corrosivity
Eye irritation / corrosivity
Target organ toxicity
Aquatic ecotoxicity
Terrestrial vertebrate ecotoxicity
Terrestrial invertebrate ecotoxicity
4.13
(containing 1.2 - 1.8%
rotenone)
6.1D
6.3A
6.4A
6.9B
9.1A
9.3B
9.4B
Reference substance
6.1C
6.3A
6.4A
6.9B
9.1A
9.3B
9.4A
The project team notes that the hazard profile of Cube Root Slurry (containing 1.2 1.8% rotenone) is reduced in comparison to that of the reference substance in that it
has reduced acute toxicity. This reduced hazard profile is due to the lower
concentration of the hazardous substance in the proposed substance than in the
reference substance.
Comparison of the uses of Cube Root Slurry (containing 1.2 - 1.8%
rotenone) and the reference substance
4.14
Both Cube Root Slurry (containing 1.2 - 1.8% rotenone) and the reference
substance are piscicides and will be applied in the same situations at the same
application rates with the same application methods.
4.15
However, Cube Root Slurry (containing 1.2 - 1.8% rotenone) will be pre-mixed into
a slurry using industrial mixing equipment and then transported to the application
area, whereas the reference substance is currently mixed as a slurry in water on-site
before application. This mixing method can create significant levels of dust at the
site of application to which workers are exposed.
4.16
The project team considers that there are no other substantial differences in the
lifecycles, uses, purposes and presentations between the proposed substance and the
reference substance.
Environmental Risk Management Authority Decision: Application HSR08078
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Comparison of the adverse effects of Cube Root Slurry (containing 1.2 1.8% rotenone) and the reference substance
4.17
The project team notes that the difference in form of Cube Root Slurry (containing
1.2 - 1.8% rotenone) eliminates the creation of dust at the site of application. In the
consideration of the reference substance (HSR000053), the magnitude of adverse
effects1 of inhalation exposure by workers to the reference substance at the site of
application was assessed as being minimal with the likelihood of adverse effect to
workers being very unlikely with the use of appropriate personal protective
equipment. The risk of inhalation toxicity to workers from exposure to the
reference substance was therefore considered to be negligible.
4.18
The project team considers that the likelihood of adverse effect to workers from
inhalation exposure to Cube Root Slurry (containing 1.2 - 1.8% rotenone) at the
point of mixing to be highly improbable given that industrial mixing equipment
will be used and any creation of dust from this process is likely to be contained.
With the magnitude of adverse effects from inhalation exposure to workers being
minimal, this will also give a negligible risk level.
4.19
The difference in risk of inhalation exposure to workers is therefore considered to
be insignificant.
4.20
The project team also notes that the liquid form of Cube Root Slurry (containing
1.2 - 1.8% rotenone) requires controls additional to those placed on the reference
substance, to address its containment in stationary containers and the secondary
containment of any containers it may be held in (see paragraph 4.28.2). The risk of
adverse effect to people or the environment from exposure to Cube Root Slurry
(containing 1.2 - 1.8% rotenone) due to a breach in stationary or secondary
containment is considered to be negligible given that it will only be prepared in
small volumes at any one time, causing the likelihood of adverse effects to be
highly improbable and the magnitude of adverse effects to be minimal.
4.21
The project team, therefore, does not consider that there is any significant increase
in risk posed by the liquid form of Cube Root Slurry (containing 1.2 - 1.8%
rotenone).
4.22
The project team therefore considers that the risks posed by the proposed substance
will be similar to those of the reference substance.
4.23
The project team considers that there are no other matters which would prevent this
application for Cube Root Slurry (containing 1.2 - 1.8% rotenone) from being
approved under section 28A.
Meeting the criteria for rapid assessment under section 28A(2)(a)
4.24
1
Based on the comparison and assessment detailed above, the project team considers
that the criteria for rapid assessment under section 28A(2)(a) have been met
through the proposed substance having a similar composition and similar hazardous
properties to a substance that has been approved under the Act.
using Qualitative Risk Assessment – see Appendix 2
Environmental Risk Management Authority Decision: Application HSR08078
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Controls
4.25
A set of controls was applied to the reference substance when it was approved
under the Act. It is noted that changes that have been made in legislation
subsequent to the approval of the reference substance now also apply to it (section
77(2)(a)).
4.26
The following default controls triggered by the intrinsic hazards of Cube Root
Slurry (containing 1.2 - 1.8% rotenone) and the reference substance have not been
applied for the reason as stated below:
Controls
E4/T8
4.27
Comment
These controls apply only to substances intended for use as terrestrial
vertebrate toxic agents. As Cube Root Slurry (containing 1.2 - 1.8%
rotenone) is intended for use as a piscicide, this control does not apply.
The following control triggered by its intrinsic hazards has been applied to Cube
Root Slurry (containing 1.2 - 1.8% rotenone) but has not been applied to the
reference substance:
Controls
EM12
4.28
Comment
Level 3 emergency management requirements: secondary containment
When the reference substance was approved, a number of variations (deletions,
additions, modifications) were made to the default controls under either section 77
or section 77A. Given the similarities in use pattern and hazard profile of the
proposed and reference substances, the project team considers these variations are
equally applicable to Cube Root Slurry (containing 1.2 - 1.8% rotenone). The most
significant of these variations are:
4.28.1
The controls relating to the setting of exposure limits and application rates
are varied as follows:
Controls
T1
T2
E1
E2
4.28.2
The following controls are added:
Control
EM12
1
Comment
Consistent with the reference substance, the project team considers
that the TELdrinking water and the TELair for rotenone should be set at
0.006 mg/L (6 µg/L) and 0.0003 mg/m3 respectively.
Consistent with the reference substance, the project team considers
that the WES for rotenone set at 5 mg/m3 air is applicable.
Consistent with the reference substance, the project team considers
that the EELwater for rotenone should be set at 0.00025 mg/L.
Similar to the reference substance, Cube Root Slurry (containing
1.2 - 1.8% rotenone) does not trigger a 9.2 hazard classification,
therefore there is no requirement to set an EELsoil.
The project team considers that Cube Root Slurry (containing 1.2 1.8% rotenone) must not be applied at a rate greater than 200 µg
rotenone/L of water.
Comment
The following subclauses are added after subclause (3) of regulation
361 (control EM12):
Hazardous Substances (Emergency Management) Regulations 2001
Environmental Risk Management Authority Decision: Application HSR08078
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EM12
EM12
1
(4) For the purposes of this regulation, and regulations 37 to 40,
where this substance is contained in pipework that is installed
and operated so as to manage any loss of containment in the
pipework it—
(a) is not to be taken into account in determining whether a
place is required to have a secondary containment system;
and
(b) is not required to be located in a secondary containment
system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out
of the stationary container; and
(b) includes a process pipeline or a transfer line.
The following subclauses are added after subclause (3) of regulation
371 (control EM12):
(2) If pooling substances which do not have class 1 to 5 hazard
classifications are held in a place above ground in containers
each of which has a capacity of 60 litres or less—
(a if the place’s total pooling potential is less than 20,000
litres, the secondary containment system must have a
capacity of at least 25% of that total pooling potential:
(b) if the place’s total pooling potential is 20,000 litres or
more, the secondary containment system must have a
capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres.
(3) Pooling substances to which subclause (2) applies must be
segregated where appropriate to ensure that leakage of one
substance may not adversely affect the container of another
substance.
The following subclauses are added after subclause (3) of regulation
381 (control EM12):
(2) If pooling substances which do not have class 1 to 5 hazard
classifications are held in a place above ground in containers
1 or more of which have a capacity of more than 60 litres but
none of which have a capacity of more than 450 litres—
(a) if the place’s total pooling potential is less than 20,000
litres, the secondary containment system must have a
capacity of either 25% of that total pooling potential or
110% of the capacity of the largest container, whichever
is the greater:
(b) if the place’s total pooling potential is 20,000 litres or
more, the secondary containment system must have a
capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres
(3) Pooling substances to which subclause (2) applies must be
Hazardous Substances (Emergency Management) Regulations 2001
Environmental Risk Management Authority Decision: Application HSR08078
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Sch 8
4.28.3
The following control is deleted:
Controls
TR1
4.28.4
segregated where appropriate to ensure that the leakage of
one substance may not adversely affect the container of
another substance.
Addition of controls relating to stationary container systems as set
out in Schedule 81.
Comment
The risks arising from the lifecycle of Cube Root Slurry (containing
1.2 - 1.8% rotenone) are adequately managed by other controls such
as packaging, labelling, approved handler and emergency
management requirements.
The following controls are varied:
Controls
E7/AH1
I16
Comment
Regulation 92 is varied such that, where Cube Root Slurry
(containing 1.2 - 1.8% rotenone) is held or used in any quantity, the
substance must generally be under the personal control of an
approved handler, or locked up. However, Cube Root Slurry
(containing 1.2 - 1.8% rotenone) may be handled by a person who
is not an approved handler if:
• an approved handler is present at the facility where the
substance is being handled; and
• the approved handler has provided guidance to the person in
respect of handling; and
• the approved handler is available at all times to provide
assistance if necessary.
Regulation 253 includes a requirement to identify certain toxic
components on product labels. Consistent with the guidance
provided by the Hazardous Substances Standing Committee,
Regulation 25(e) is varied so that the concentration cut-offs
applying to a component with a hazard classification of 6.5, 6.6,
6.7, 6.8 or 6.9, for the purpose of triggering this requirement, are as
follows:
HSNO Classification of
Component
6.5A, 6.5B, 6.6A, 6.7A
Concentration Cut-off for
Label (%)
0.1
6.6B
1
6.7B
1
6.8A, 6.8C
0.3
6.8B
3
6.9A, 6.9B
10
Labelling Requirement
rotenone
Documentation Requirement
rotenone
1
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to the New Zealand Gazette, 26
March 2004, No. 35, page 767), as amended
2
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001
3
Hazardous Substances (Identification) Regulations 2001
Environmental Risk Management Authority Decision: Application HSR08078
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4.28.5
The following controls are combined as follows:
Control
T4/E6
P13/P15
D4/D5
Comment
Both controls relate to equipment used to handle Cube Root Slurry
(containing 1.2 - 1.8% rotenone).
Both controls relate to packaging used to handle Cube Root Slurry
(containing 1.2 - 1.8% rotenone).
Both controls relate to disposal requirements for Cube Root Slurry
(containing 1.2 - 1.8% rotenone).
4.29
With respect to the remaining controls applied to the reference substance, the
project team notes that these will be equally applicable to Cube Root Slurry
(containing 1.2 - 1.8% rotenone) with the exception of minor changes with respect
to labelling, safety data sheets and trigger quantities due to the reduced hazard
profile of the proposed substance relative to the reference.
4.30
Taking into account the control modifications referred to in paragraphs 4.26 to
4.28.5, the proposed controls for Cube Root Slurry (containing 1.2 - 1.8% rotenone)
are detailed in Appendix 1.
5 Environmental user charges
5.1
The project team considers that use of controls on Cube Root Slurry (containing 1.2
- 1.8% rotenone) is an effective means of managing risks associated with this
substance. At this time, no consideration has been given to whether or not
environmental user charges should be applied to this substance as an alternative or
additional means of achieving effective risk management. Accordingly, no report
has been made to the Minister for the Environment.
6 Decision
6.1
Pursuant to section 28A, I have considered this application to manufacture a
hazardous substance for release made under section 28.
6.2
Having considered the composition, hazardous properties, and proposed use of the
proposed substance, I am satisfied that the proposed substance meets the criteria for
rapid assessment under section 28A(2)(a) in that it has a similar composition and
similar hazardous properties to a substance that has been approved under the Act.
6.3
I am satisfied with the hazard classifications identified by the project team in
paragraph 4.12 and confer them accordingly to Cube Root Slurry (containing 1.2 1.8% rotenone).
6.4
As the risks posed by the proposed substance are similar to those of the reference
substance, I consider that applying the same suite of controls to the proposed
substance with the variations proposed in paragraphs 4.26 to 4.28.5, will ensure
adequate management of any adverse effects.
6.5
In this consideration, I have also applied the following criteria in the Methodology:

clause 9 – equivalent of sections 5, 6 and 8;

clause 12 – risk assessment;
Environmental Risk Management Authority Decision: Application HSR08078
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



6.6
clause 21 – the decision accords with the requirements of the Act and
regulations;
clause 24 – the use of recognised risk identification, assessment, evaluation
and management techniques;
clause 25 – the evaluation of risks; and
clause 35 – the costs and benefits of varying the default controls.
The application for manufacture of the hazardous substance, Cube Root Slurry
(containing 1.2 - 1.8% rotenone), for release is thus approved with controls as
detailed in Appendix 1. I am also satisfied that, as the importation of Cube Root
Slurry (containing 1.2 - 1.8% rotenone) would not impose any additional risks over
the manufacture of the substance, this approval should apply to both importation
and manufacture of Cube Root Slurry (containing 1.2 - 1.8% rotenone).
Rob Forlong
Chief Executive, ERMA New Zealand
Date: 30 September 2008
Cube Root Slurry (containing 1.2 - 1.8% rotenone)
ERMA New Zealand Approval Code:
HSR007970
Environmental Risk Management Authority Decision: Application HSR08078
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Appendix 1: Controls applying to Cube Root Slurry
(containing 1.2 - 1.8% rotenone)
The controls imposed on Cube Root Slurry (containing 1.2 - 1.8% rotenone) are as follows. The
regulations cited should be referred to for definitions and exemptions. The ERMA New Zealand
publication User Guide to Control Regulations provides useful guidance on the controls.
Table A1.1: Controls for Cube Root Slurry (containing 1.2 - 1.8% rotenone) – codes,
regulations and variations
Control
Code1
Regulation2 Topic
Variations
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T1
11-27
Limiting exposure to toxic
Rotenone:
substances through the setting of
TELdrinking water 0.006 mg/L
TELs
TELair
0.0003 mg/m3
T2
29-30
Controlling exposure in places of
Rotenone:
work through the setting of WESs
WES
5 mg/m3 air
T4/E6
7
Requirements for equipment used
Controls T4 and E6 have been
to handle hazardous substances
combined.
T5
8
Requirements for protective
clothing and equipment
T7
10
Restrictions on the carriage of toxic
or corrosive substances on
passenger service vehicles
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls
E1
32-45
Limiting exposure to ecotoxic
Rotenone:
substances through the setting of
EELwater 0.00025 mg/L
EELs
E2
46-48
Restrictions on use of substances in Application rate:
application areas
 200 µg rotenone/L of water
E3
49
Controls relating to protection of
terrestrial invertebrates eg
beneficial insects
E5
5(2), 6
Requirements for keeping records
of use
Where Cube Root Slurry (containing 1.2
E7
9
Approved handler/security
- 1.8% rotenone) is held or used in any
requirements
quantity, the substance must generally
be under the personal control of an
approved handler, or locked up.
However, Cube Root Slurry (containing
1.2 - 1.8% rotenone) may be handled by
a person who is not an approved handler
if:
• an approved handler is present at
the facility where the substance is
1
Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links the
hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand website
www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
2
These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for definitions
and exemptions. The accompanying explanation is intended for guidance only.
Environmental Risk Management Authority Decision: Application HSR08078
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Control
Code1
Regulation2
Topic
Variations
•
•
being handled; and
the approved handler has provided
guidance to the person in respect of
handling; and
the approved handler is available at
all times to provide assistance if
necessary.
Hazardous Substances (Identification) Regulations 2001
I1
6, 7, 32-35,
General identification requirements
36 (1)-(7)
Regulation 6 – Identification duties of
suppliers
Regulation 7 – Identification duties of
persons in charge
Regulations 32 and 33 – Accessibility
of information
Regulations 34, 35, 36(1)-(7) –
Comprehensibility, Clarity and
Durability of information
I3
9
I8
14
I9
18
I11
20
I16
25
I17
I18
26
27
Priority identifiers for ecotoxic
substances
Priority identifiers for toxic
substances
Secondary identifiers for all
hazardous substances
Secondary identifiers for ecotoxic
substances
Secondary identifiers for toxic
substances
Use of Generic Names
Use of Concentration Ranges
Revised cut-offs for component
labelling required by Regulation
25(e).
HSNO
Classification of
Component
6.5A, 6.5B
6.6A, 6.7A
6.6B, 6.7B
6.7B
6.8A, 6.8C
6.8B
6.9A, 6.9B
I19
29-31
Concentration
Cut-off for
Label (%)
0.11
0.1
1
1
0.3
3
10
Alternative information in certain
cases
Regulation 29 – Substances in fixed
bulk containers or bulk transport
containers
Regulation 30 – Substances in multiple
packaging
1
Identification of sensitising components may be required below the 0.1% level if a lower value has been used for
classification.
Environmental Risk Management Authority Decision: Application HSR08078
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Control
Code1
Regulation2
Topic
Variations
Regulation 31 – Alternative
information when substances are
imported
I20
36(8)
I21
37-39, 47-50
Durability of information for class
6.1 substances
Documentation required in places
of work
Regulation 37 – Documentation duties
of suppliers
Regulation 38 – Documentation duties
of persons in charge of places of work
Regulation 39 – General content
requirements for documentation
Regulation 47 – Information not
included in approval
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 – Documentation
requirements for vehicles
Regulation 50 – Documentation to be
supplied on request
I23
41
Specific documentation
requirements for ecotoxic
substances
I28
46
Specific documentation
requirements for toxic substances
I29
51, 52
Signage requirements
I30
53
Advertising corrosive and toxic
substances
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8 General packaging requirements
Regulation 5 – Ability to retain
contents
Regulation 6 – Packaging markings
Regulation 7(1) – Requirements when
packing hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
Packaging
P3
9
Criteria that allow substances to be
packaged to a standard not meeting
Packing Group I, II or III criteria.
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Control
Code1
P13, P15
Regulation2
19, 21
Topic
Variations
Packaging requirements for toxic
Controls P13 and P15 have been
and ecotoxic substances
combined.
PG3
Schedule 3
Packaging requirements equivalent
to UN Packing Group III
PS4
Schedule 4
This schedule describes the
minimum packaging requirements
that must be complied with for this
substance.
Hazardous Substances (Disposal) Regulations 2001
D4, D5
8, 9
Disposal requirements for Cube
Controls D4 and D5 have been
Root Slurry (containing 1.2 - 1.8%
combined.
rotenone)
D6
10
Disposal requirements for packages
D7
11, 12
Disposal information requirements
D8
13, 14
Disposal documentation
requirements
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management
information: General requirements
EM6
8(e)
Information requirements for toxic
substances
EM7
8(f)
Information requirements for
ecotoxic substances
EM8
12-16, 18-20 Level 2 emergency management
documentation requirements
EM11
25-34
Level 3 emergency management
requirements – emergency response
plans
EM12
35-41
Level 3 emergency management
The following subclauses are added
requirements: secondary
after subclause (3) of regulation 36:
(4) For the purposes of this regulation,
containment
(5)
Environmental Risk Management Authority Decision: Application HSR08078
and regulations 37 to 40, where
this substance is contained in
pipework that is installed and
operated so as to manage any loss
of containment in the pipework it—
(a) is not to be taken into account
in determining whether a place
is required to have a
secondary containment
system; and
(b) is not required to be located in
a secondary containment
system.
In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary
container; and
(ii) is used to transfer a
hazardous substance into
or out of the stationary
container; and
(b) includes a process pipeline or
a transfer line.
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Control
Code1
Regulation2
Topic
Variations
The following subclauses are added
at the end of regulation 37:
(2) If pooling substances which do not
have class 1 to 5 hazard
classifications are held in a place
above ground in containers each of
which has a capacity of 60 litres or
less—
(a if the place’s total pooling
potential is less than 20,000
litres, the secondary
containment system must have a
capacity of at least 25% of that
total pooling potential:
(b) if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must have a
capacity of the greater of—
(i) 5% of the total pooling
potential; or
(ii) 5,000 litres.
(3) Pooling substances to which
subclause (2) applies must be
segregated where appropriate to
ensure that leakage of one substance
may not adversely affect the
container of another substance.
The following subclauses are added
at the end of regulation 38:
(2) If pooling substances which do not
have class 1 to 5 hazard
classifications are held in a place
above ground in containers 1 or
more of which have a capacity of
more than 60 litres but none of
which have a capacity of more than
450 litres—
(a) if the place’s total pooling
potential is less than 20,000
litres, the secondary
containment system must have a
capacity of either 25% of that
total pooling potential or 110%
of the capacity of the largest
container, whichever is the
greater:
(b) if the place’s total pooling
potential is 20,000 litres or
more, the secondary
containment system must have a
capacity of the greater of—
(i) 5% of the total pooling
potential; or
(ii) 5,000 litres
(3) Pooling substances to which
Environmental Risk Management Authority Decision: Application HSR08078
Page 15 of 16
Control
Code1
Regulation2
Topic
Variations
subclause (2) applies must be
segregated where appropriate to
ensure that the leakage of one
substance may not adversely affect
the container of another substance.
EM13
42
Level 3 emergency management
requirements: signage
Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
AH1
4-6
Approved Handler requirements
see control E7
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43
The Hazardous Substances (Tank Wagons and Transportable Containers)
where applicable
Regulations 2004 prescribe a number of controls relating to tank wagons
and transportable containers and must be complied with as relevant.
Additional controls set under s77A
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, shall apply to this substance,
notwithstanding clause 1(1) of that schedule.
Addition of subclauses after subclause (3) of regulation 36 and at the end of regulations 37 and 38 of
the Hazardous Substances (Emergency Management Controls) Regulations 2001 (control EM12).
Environmental Risk Management Authority Decision: Application HSR08078
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