ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
11 September 2006
Application Code
HSC06017
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
Gull New Zealand Limited
Purpose of the Application
E85: to manufacture in containment E85 (petrol ethanol
blend) for testing the use of E85 in test vehicles (field
trial).
Date Application Received
21 August 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 substance E85 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 substance has been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
E85
ERMA New Zealand Approval Code: HSC000244
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 relevant to the purpose of the Act, as
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
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.
3
APPLICATION PROCESS
3.1
The application was formally received on 21 August 2006.
3.2
Project Team:
Nicola Reeves
Advisor (Hazardous Substances)
Chris Geering
Advisor (Hazardous Substances)
Linda Robinson
General Manager, Maori Unit
Report review and sign-out
by:
Dr Peter Dawson
Principal Scientist (Hazardous Substances).
3.3
The applicant supplied the following documents:
 The application
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 (Workplace Group)
3.5
No responses were received.
3.6
The applicant was provided with a copy of the proposed controls for E85 and given
the opportunity to comment on them. The applicant provided feedback on the
proposed controls which was taken into consideration in the setting of the controls.
4
CONSIDERATION
Sequence of 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 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.
Purpose of the Application
4.3
The purpose of the application is to manufacture in containment E85 (petrol ethanol
blend) for testing the use of this substance in test vehicles in New Zealand.
ERMA New Zealand Decision: Application HSC06017
Page 2 of 25
4.4
E85 is a mixture of ethanol and petrol with the proportion of ethanol no less than
70% and no greater than 90% by volume. The substance is an approximate mix of
85% ethanol and 15% petrol by volume.
4.5
E85 is a standard grade automotive fuel available at public (retail) refuelling
stations in the United States. E85 is used in vehicles with engines that are specially
designed for its use (for example the ‘fuel flex vehicle’) and cannot be used in a
standard petrol engine. E85 is a potential fuel option for New Zealand and the use
of E85 in ‘flex-fuel’ vehicles under local conditions in New Zealand will be tested.
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) of the Act.
Life Cycle
4.7
E85 will be manufactured by blending of petrol and ethanol in 200 litre fuel drums
within the confines of the designated fuel drum filling area at Terminals New
Zealand’s fuel terminal in Tauranga. The 200 litre drums used shall meet
Dangerous Goods Class 3 requirements. Metering will be used to ensure that the
required proportion of constituents is achieved. The applicant advises that
approximately 4,000 litres will be manufactured under this containment approval
over a two year test programme.
4.8
The ethanol blendstock shall be anhydrous ethanol (less than 1% water by volume,
CAS Number 64-17-5, UN Number 1170). The petrol blendstock shall be unleaded
petrol (Un Number 1203) and shall meet the requirements of the Petroleum
Products Specifications Regulations 2002 for either regular or premium grade.
4.9
Distribution of the blended fuel and refuelling of the test vehicles shall be carried
out in two ways

In the main, E85 will be distributed to various fuel storage areas around New
Zealand in 200-litre drums in abeyance with the standard requirements for the
transportation of Class 3 Dangerous Goods. The drummed fuel will be stored at
the fuel storage areas in accordance with the HSNO requirements for Class 3
flammable substances. As such, these areas will be secure with access only by
approved personnel. Test vehicles will be refuelled directly from the 200-litre
drums, while the test vehicle is parked alongside or within the designated fuel
storage areas. A hand pump will be used for this transfer and the transfer
process will be carried out by trained personnel and in accordance with the
HSNO requirements for Class 3 flammable substances.

Another fuel distribution and vehicle refuelling method is for drummed fuel to
be transported in accordance with the standard requirements for the
transportation Class 3 Dangerous Goods, as above, but for refuelling of the test
vehicles to be carried out directly from the fuel transport vehicle whilst that fuel
transport vehicle is parked within the confines of a fuel service station (i.e.,
within the forecourt spill containment area). As before, a hand pump will be
ERMA New Zealand Decision: Application HSC06017
Page 3 of 25
used for the transfer and the transfer process will be carried out by trained
personnel, and in accordance with the HSNO Class 3 requirements.
4.10
The test vehicles will be driven on public roads in New Zealand as if ordinary
petrol-fuelled vehicles. The E85 will be combusted in the engine to provide motive
power for the vehicles. The test vehicles will be new at the beginning of the tests
(2006 year of manufacture), purposely built to be fuelled with E85, and built to
meet the safety and emissions standards requirements for a vehicle to be registered
for use on public roads in New Zealand. As such, these vehicles will be fitted with
systems that result in low emissions from the vehicle. This includes the use of a
charcoal canister that collects vapour emissions from the fuel system, minimising
the release of such vapour emission to the atmosphere, and the use of an exhaust
catalyst to reduce exhaust emissions to very low levels
4.11
The applicant advises that throughout the test, empty 200 litre drums will be
returned to Terminals New Zealand, Tauranga, for reuse for manufacturing, storing
and transporting E85. At the end of the test programme, the empty drums will be
recycled into general fuel handling use. This will dilute the remaining ethanol
petrol in the drums to levels permitted by other approved substances.
4.12
The applicant has requested a two year approval period and advises that at the end
of the this approval period remaining fuel will be blended with petrol in accordance
with HSNO Class 3 handling requirements, until the portion of ethanol in the petrol
is below 10% by volume. At this dilution the resulting fuel blend will meet the
requirements of the approved substances petrol or petrol-ethanol blends containing
1 - 10% ethanol by volume (E10).
Hazardous Properties
4.13
I note that a containment application only requires sufficient understanding of the
hazardous properties of the substance to ensure that any risks can be managed by
the containment controls.
4.14
The applicant has assessed the available information and has identified that E85 is
highly flammable. The substance may also be an acute toxicant via inhalation, oral
and dermal routes, a skin and eye irritant and a suspected human carcinogen.
Additionally, E85 may be an aquatic ecotoxicant.
4.15
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.
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. I have reviewed the applicant’s assessment of
the risks to the environment, human health and welfare and Maori issues and
concerns as set out below:
ERMA New Zealand Decision: Application HSC06017
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Risks to the Environment
4.17
If released off target, the substance has the potential to result in adverse effects on
aquatic organisms.
4.18
On the basis of the lifecycle of the substance outlined in paragraphs 4.7-4.12,
adverse effects could arise from:
 An accident during manufacture, storage, transportation or use resulting in
release of the substance;
 Failure to follow correct disposal procedures as outlined in the controls;
 Failure to follow the correct operational procedures as set out in the controls,
resulting in release of the substance.
4.19
I consider that, taking into account the properties of the substance, the quantity
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 substance is ingested, inhaled or comes in contact with eyes or skin there is
the potential to cause adverse effects on human health. Additionally, the substance
is highly flammable and if it were unintentionally ignited adverse effects to human
health may result.
4.21
On the basis of the lifecycle of the substance outlined in paragraph 4.7-4.12,
adverse effects could arise from:
 An accident during manufacture, storage, transportation or use resulting in
release of the substance;
 An accident during storage, transportation, manufacture of refuelling of test
vehicles resulting in unintentional ignition of the substance;
 Failure to follow correct disposal procedures as outlined in the controls;
 Failure to follow the correct operational procedures as set out in the controls,
resulting in release of the substance.
4.22
I consider that, taking into account the properties of the substance, the quantity
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 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
I have considered the potential Māori cultural effects in accordance with the
Methodology clauses 9(b)(i) and 9(c)(iv) and sections 6(d) and 8 of the Act. In
addition, I have used the assessment framework contained in the ERMA New
ERMA New Zealand Decision: Application HSC06017
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Zealand User Guide “Working with Māori under the Act 1996” in assessing this
application.
4.24
I note that E85 has hazardous properties that trigger several HSNO toxicity and
ecotoxicity thresholds. These hazardous properties give rise to the potential for
cultural risk including the deterioration of the mauri of taonga flora and fauna
species, the environment and the general health and well-being of individuals and
the community. In addition, the introduction and use of this substance has the
potential to inhibit the ability of iwi/Māori to fulfil their role as kaitiaki, particularly
in relation to the guardianship of waterways.
4.25
After careful consideration of the risks associated with this substance and the
containment regime proposed, I consider any adverse effect occurring with regard
to Māori culture or traditional relationships with their ancestral lands, water, sites,
wāhi tapu, valued flora and fauna or other taonga to be very low. This assessment is
made on the condition that E85 is handled, stored, transported, used, and disposed
of, in accordance with the explicitly stated HSNO controls, and any controls
stipulated in other applicable Acts.
4.26
In addition I have no evidence to suggest that the controlled and contained use of
E85 will breach the principles of the Treaty of Waitangi and see no requirement for
the applicant to consult with Māori regarding this application.
4.27
However, should inappropriate use, or an accident, result in the contamination of
waterways or the environment, it is suggested that the Trial Director notify the
appropriate authorities including the relevant iwi authorities in that region (Ngāi Te
Rangi – Tauranga). This action should include advising them of the contamination
and the measures taken to contain and remedy it.
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, control codes T4 and E6)
 To exclude organisms from a facility (for example, specific containment control
4)
 To exclude unauthorized people from the facility (for example, control code F4)
 To prevent unintended release of the substance by experimenters working with
the substance (for example, control code EM1)
 To control the effects of any accidental release of the substance (for example,
control code EM1 ans specific containment control 5)
 Inspection and monitoring requirements (for example, specific containment
control 16)
 Qualifications required of the person responsible for implementing the controls
(for example, control code F4 and AH1).
5.2
I am satisfied that with adherence to the controls listed in Appendix 1 and those
controls in place under other legislation, E85 can be adequately contained.
ERMA New Zealand Decision: Application HSC06017
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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 E85, 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 E85 is thus
approved pursuant to section 32 of the Act, 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:
E85:
HSC000244
ERMA New Zealand Decision: Application HSC06017
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Appendix 1: List of Controls that Apply to the
Hazardous Substance E85
The trials shall be undertaken in accordance with the proposed containment system which was
included in the application. Modifications of the proposed containment system may be approved
in writing by ERMA New Zealand providing that they comply with the following controls.
Control
Code1
Regulation2
Explanation3
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable
Property Controls
F1
Regulation 7
General test certification requirements for all class 1 to 5 substances
F2, T7,
F3
Regulation 8
(classes 1-5)
Regulation 10
(classes 6-9)
Regulation 55
Where a test certificate is required for a hazardous substance location
where flammable substances are held, that test certificate must be issued
by an approved test certifier and must typically be renewed yearly.
However, the Authority can, on request by the persons required to obtain
the test certificate, extend the time period to 3 years.
General public transportation restrictions and requirements for all
class 1 to 5 substances
E85 is not permitted to be carried on passenger service vehicles
General limits on flammable substances
Where E85 is present at a place for longer than 2 hours, and in a quantity
that exceeds 50 L it must be held at a hazardous substance location or
transit depot, as appropriate
(see also F12 and F16)
F4
Regulation 56
Certain flammable substances to be under the control of an approved
handler
E85, when present in quantities greater than 100 L, must be under the
personal control of an approved handler; or be able to be secured so that a
person cannot gain access to the substance without tools, keys, or any
other device for operating locks.
E85 may however be handled by a person who is not an approved handler
if where the E85 is being handled,—
(i) the person has been trained in the hazards associated with the substance
and its safe use and handling, including steps to be taken in the event of
spillage or other emergency; and
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 ERMA New Zealand and is also contained in the ERMA New Zealand User
Guide to the Controls 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.
3
These explanations are for guidance only. Refer to the cited regulations for the formal specification, and for
definitions and exemptions.
ERMA New Zealand Decision: Application HSC06017
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Control
Code1
F5
Regulation2
Regulations 5859
Explanation3
(ii) an approved handler is available to provide assistance, if necessary, to
the person at all times while the substance is being handled by the person.
Requirements regarding hazardous atmosphere zones for flammable
liquids (3.1)
There is a requirement to establish a hazardous atmosphere zone wherever
E85 is present in quantities greater than those specified below. The zone
must comply with either of the standards as listed in regulation 58(a) and
(b) or an ERMA approved code of practice.
There are a number of requirements that must be met regarding hazardous
atmosphere zones, including:
 any controls placed on electrical systems or electrical equipment
within a hazardous atmosphere zone must be consistent with any
controls on electrical systems or electrical equipment set under
other legislation that are relevant to that specific location. This is
to ensure that any potential ignition sources from electrical system
or electrical equipment are protected or insulated to an extent that
is consistent with the degree of hazard (Regulation 59)
 test certification requirements (Regulation 81).
The trigger quantity for E85 is:
 100 litres (closed container)
 25 litres (filling)
 5 litres (open occasionally)
 1 litre (if in open container for continuous use)
F6
Regulations 6070
Requirements to prevent unintended ignition of flammable liquids
(3.1)
These regulations prescribe controls to reduce the likelihood of
unintended ignition of E85. Controls are prescribed with the aim of
covering all foreseeable circumstances in which unintended ignition could
take place, and include:
 placing limits on the proportion of flammable vapour to air to
ensure that the proportion of flammable vapour to air will always
be sufficiently outside the flammable range, so that ignition
cannot take place, and
 ensuring that there is insufficient energy available for ignition.
This energy could be in the form of either temperature or ignition
energy (e.g. a spark). Accordingly, the controls provide two
approaches to ensure that there is insufficient energy for ignition:
(1) keeping the temperature of the substance, or the temperature of any
surface in contact with the substance, below 80% of the auto-ignition
temperature of the substance, and
(2) keeping sources of ignition below the minimum ignition energy, either
by removal of the ignition source from any location where flammable
substances are handled, or by protecting the “general” mass of flammable
material from the ignition source, e.g. by enclosing any ignition sources in
an enclosure that will not allow the propagation of the flame to the
outside; or using flameproof motors especially designed to prevent
ignition energy escaping.
ERMA New Zealand Decision: Application HSC06017
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Control
Code1
Regulation2
Explanation3
It should be noted that any person handling any quantity of a class 3.1
substance under any of regulations 61, 63(4), 65, 67 and 69 must be an
approved handler for that substance, i.e. the trigger quantities that
typically activate approved handler requirements do not apply (Regulation
60(2)).
Vehicles (which may contain sources of ignition) may approach fuel
dispensers. However, while delivering E85 into the fuel tank of a
vehicle the engine of the motor vehicle MUST NOT be running. Also,
no source of ignition shall be brought within 3 metres of the fuel tank
of any motor vehicle while the tank is being filled with the E85 (this
includes smoking and the use of cell phones).
F11
Regulation 76
It is noted that the Hazardous Substances (Classes 1 to 5 Controls)
Regulations do not apply to this substance once it is contained within
the fuel system of a vehicle (refer regulation 9).
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of E85, there is a
requirement to ensure that the substance does not come into contact with
any incompatible substance or material.
Classes incompatible with E85 are classes 1, 2, 3.2, 4, 5
F12
Regulations 7778
General requirement for hazardous substance locations for
flammable substances
The person in charge of a place where E85 is located must establish in that
place 1 or more hazardous substance locations where E85 is to be situated
if E85 is present - (a) in a quantity exceeding 50 L; and (b) for a period
exceeding 2 hours.
Within such zones, there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location
 where relevant, ensure that the substances will be under the
control of an approved handler and that any container/building
used to hold the substances is secured
 ensure that any test certification requirements are met
 ensure that a site plan is available for inspection
 where required, establish and manage a hazardous atmosphere
zone
A number of controls are prescribed for hazardous substance locations in
order to reduce the likelihood of unintended ignition of class 3 substances
(Regulation 78), including:
 requirements for fire resistant walls (240/240/240 minutes) and
separation distances (greater than 3 m) to isolate any ignition
sources
 safety requirements for electrical equipment (construction, design,
earthing)
 requirements for segregation of incompatible substances
(See also F3 and F16)
ERMA New Zealand Decision: Application HSC06017
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Control
Code1
Regulation2
Explanation3
F14
Regulation 81
Test certification requirements for facilities where class 3.1
substances are present
There is a test certification requirement when E85 is present at any
hazardous substance location when in quantities above the amounts
specified below.
That test certificate must be issued by an approved test certifier and must
demonstrate compliance with a number of specified controls, including:
 notification to relevant enforcement officer of hazardous
substance location
 approved handler requirements
 security requirements
 hazardous atmosphere zone requirements, including controls on
electrical systems and electrical equipment
 segregation of incompatible substances
 signage requirements
 emergency management requirements
 fire-fighting equipment
 secondary containment
Test certification requirements (Regulation 81 of the Hazardous
Substances (Classes 1 to 5 Controls) Regulations 2001) when E85 is
present at any hazardous substance location. For E85, this requirement is
triggered by a quantity exceeding 50 L.
This regulation does not apply to a person in charge of a hazardous
substance location where E85 is stored in total quantities of less than
2,000 litres, and the proposed or actual duration of the storage is for a
continuous period of less than 14 days, if the fuel –
(a) is stored in one or more secure containers, each individual container
with a capacity of less than 250 litres; and
(b) the container or containers comply with regulation 11 and Schedule 2
of the Hazardous Substances (Packaging) Regulations 2001; and
(c) is situated at a distance not less than 15 metres from any area of high
intensity land use or area of regular habitation; and
(d) is situated either in the open or in a well ventilated building; and
(e) is in a compound or located so that any spillage of the fuel will not
endanger any building, or flow into any stream, lake or natural water
The test certificate must certify that the requirements of Schedule 10
(Controls relating to the adverse effects of unintended ignition of class 2
and class 3.1 hazardous substances) of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice
2004 are complied with.
F16
Regulation 83
Controls on transit depots where flammable substances are present
Regulation 83 of the Hazardous Substances (Classes 1 to 5 Controls)
Regulations 2001 applies to E85. Transit depots are places designed to
hold more than 50 L of E85 (in containers that remain unopened) for a
ERMA New Zealand Decision: Application HSC06017
Page 11 of 25
Control
Code1
Regulation2
Explanation3
period of up to 3 days, but for periods that are more than 2 hours.
Whenever E85 is held at a transit depot in quantities exceeding the levels
specified below, there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location
 where relevant, ensure that the substances will be under the
control of an approved handler
 ensure that any road vehicle loaded with containers of class 3
substances is within specified distances of other vehicles or places
containing hazardous substances
 ensure that containers of class 3 substances held in the depot (but
not loaded onto a vehicle) are within specified distances from
vehicles or other containers
 ensure that all class 3 substances remain in their containers and
the containers remain closed
 ensure the safety of any electrical equipment
 comply with any signage requirements
 comply with relevant parts of other Acts and Regulations, e.g.
Electricity Act 1992, HSE (Mining Underground Regulations)
1999 or Civil Aviation Rules
(See also F3 and F12)
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Toxic Property Controls
T1
Regulations 11- Limiting exposure to toxic substances
27
This control relates to limiting public exposure to toxic substances through
the setting of tolerable exposure limits (TELs). A TEL represents the
maximum allowable concentration of a substance legally allowable in a
particular environmental medium. TEL values are established by the
Authority and are enforceable controls under the HSNO Act. TELs are
derived from potential daily exposure (PDE) values, which in turn are
derived from acceptable daily exposure (ADE)/reference dose (RfD)
values.
An ADE / RfD value must be set for a toxic substance if:
 It is likely to be present in an environmental medium (air, water,
soil or a surface that the substance may be deposited onto) or food
or other matter that might be ingested
 It is a substance to which people are likely to be exposed to during
their lifetime, and;
 Exposure is likely to result in an appreciable toxic effect
If an ADE / RfD value is set for a substance, a PDE for each exposure
route must also be set for the substance. The PDE is a measure of the
relative likelihood of a person actually being exposed to the substance
through a particular exposure route given daily living patterns.
The following TELs are set for E85:
Benzene
TELAIR
= 10 µg/m3
ERMA New Zealand Decision: Application HSC06017
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Control
Code1
Regulation2
Explanation3
TELWATER = 10 µg/L
Toluene
TELAIR
= 400 µg/m3
TELWATER = 800 µg/L
Xylene
TELAIR
= 870 µg/m3
TELWATER = 600 µg/L
T2
Regulations 29,
30
Controlling exposure in places of work
A workplace exposure standard (WES) is designed to protect persons in
the workplace from the adverse effects of toxic substances. A WES is an
airborne concentration of a substance (expressed as mg substance/m3 of
air or ppm in air), which must not be exceeded in a workplace and only
apply to places of work that the public does not have access to.
The following WESs are set for E85:
5 ppm (16 mg/m3) (TWA)
100 ppm (434 mg/m3) (TWA)
125 ppm (543 mg/m3) (STEL)
Toluene
50 ppm (188 mg/m3) (TWA)
Xylene (o-,m-, p-isomers) 50 ppm (217 mg/m3) (TWA)
Benzene
Ethyl benzene
T4, E6
Regulation 7
Requirements for equipment used to handle substances
Any equipment used to handle toxic substances must retain and/or
dispense the substance in the manner intended, i.e. without leakage, and
must be accompanied by sufficient information so that this can be
achieved.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Ecotoxic Property
Controls
E1
Regulations
Limiting exposure to ecotoxic substances
32 – 45
This control relates to the setting of environmental exposure limits
(EELs). An EEL establishes the maximum concentration of an ecotoxic
substance legally allowable in a particular (non target) environmental
medium (e.g. soil or sediment or water), including deposition of a
substance onto surfaces (e.g. as in spray drift deposition).
An EEL can be established by one of three means:
 Applying the default EELs specified
 Adopting an established EEL
 Calculating an EEL from an assessment of available
ecotoxicological data
The following EELs are set for E85:
Benzene
2000 µg/L (ANZECC 80% level of protection)
ERMA New Zealand Decision: Application HSC06017
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Control
Code1
Regulation2
Explanation3
Toluene
o-Xylene
m/p-Xylene
330 µg/L (ANZECC 80% level of protection)
640 µg/L (ANZECC 80% level of protection)
340 µg/L (ANZECC 80% level of protection)
Hazardous Substances (Identification) Regulations 2001
I1
Regulations 6,
General identification requirements
7, 32-35, 36
(1)-(7)
These controls relate to the duties of suppliers and persons in charge of
hazardous substances with respect to identification (essentially labelling)
(regulations 6 and 7), accessibility of the required information (regulations
32 and 33) and presentation of the required information with respect to
comprehensibility, clarity and durability (regulations 34, 35, 36(1)-(7)).
Regulation 6 – Identification duties of suppliers
Suppliers of any hazardous substance must ensure it is labelled with all
relevant priority identifier information (as required by regulations 8 – 17)
and secondary identifier information (as required by regulations 18 – 30)
before supplying it to any other person. This includes ensuring that the
priority identifier information is available to any person handling the
substance within 2 seconds (regulation 32), and the secondary identifier
information available within 10 seconds (regulation 33).
Suppliers must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class that it does
not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of any hazardous substance must ensure it is labelled
with all relevant priority identifier information (as required by regulations
8 – 17) and secondary identifier information (as required by regulations 18
– 30) before supplying it to any other person. This includes ensuring that
the priority identifier information is available to any person handling the
substance within 2 seconds (regulation 32), and the secondary identifier
information available within 10 seconds (regulation 33).
Persons in charge must also ensure that no information is supplied with
the substance (or its packaging) that suggests it belongs to a class that it
does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by regulations 8 – 17) must
be available within 2 seconds, e.g. on the label.
All secondary identifier Information (as required by regulations 18 – 30)
must be available within 10 seconds, e.g. on the label, on a package insert,
etc.
Regulations 34, 35, 36(1)-(7) – Comprehensibility, Clarity and Durability
of information
All required priority and secondary identifiers must be presented in a way
that meets the performance standards in these regulations. In summary:
 any information provided (either written and oral) must be readily
understandable and in English
 any information provided in written or pictorial form must be able
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I3, I5, I8
Regulation2
Explanation3
to be easily read or perceived by a person with average eyesight
under normal lighting conditions
 any information provided in an audible form must be able to be
easily heard by a person with average hearing
 any information provided must be in a durable format i.e. the
information requirements with respect to clarity must be able to be
met throughout the lifetime of the (packaged) substance under the
normal conditions of storage, handling and use.
Regulations 9,
11 and 14
Priority identifiers for E85
This requirement specifies that E85 must be prominently identified as
being ecotoxic, flammable and toxic.
In addition, the following information must be provided:
 an indication the substance is a liquid
 if a flammable liquid, information must be provided on its general
degree of hazard (e.g. highly flammable)
 the general degree and type of hazard of the substance (for E85,
this could be ‘Harmful if swallowed/inhaled/by skin contact’), and
the need to restrict access to the substance by children.
This information must be available to any person handling the substance
within 2 seconds (regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
I9
Regulation 18
Secondary identifiers for all hazardous substances
This control relates to detail required for hazardous substances on the
product label. This information must be accessible within 10 seconds
(regulation 33) and could be provided on secondary panels on the product
label, on a package insert, etc. The following information is required:
 an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it,
and
 enough information to enable its New Zealand importer, supplier,
or manufacturer to be contacted, either in person or by telephone,
and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, a description of each likely change and the date by
which it is likely to occur.
I11, I13,
I16
Regulations 20,
22 and 25
Secondary identifiers for E85
This control relates to the additional label detail required for E85
substances. This information must be accessible within 10 seconds
(regulation. 33) and could be provided on secondary panels on the product
label, on a package insert, etc. The following information must be
provided:
 an indication of the circumstances in which it may harm living
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Regulation2
I18
Regulation 27
Explanation3
organisms
 an indication of the kind and extent of the harm it is likely to
cause to living organisms
 an indication of the steps to be taken to prevent harm to living
organisms
 an indication of its general type and degree of hazard (e.g. for E85
‘ecotoxic to aquatic life’)
 an indication of its general type and degree of flammable hazard
(e.g. highly flammable liquid)
 an indication of the circumstances in which it may be ignited
unintentionally
 an indication of the likely effect of an unintentional ignition
 an indication of the steps to be taken to prevent an unintentional
ignition
 an indication of its general type and degree of toxic hazards (e.g.
mild skin irritant, eye irritant, etc)
 an indication of the circumstances in which it may harm human
beings
 an indication of the kinds of harm it may cause to human beings,
and the likely extent of each kind of harm
 an indication of the steps to be taken to prevent harm to human
beings
 the name and concentration of benzene.
Requirements for using concentration ranges
This control provides the option of providing concentration ranges for
those ingredients whose concentrations are required to be stated on the
product label as specified by regulations 25(e).
[Regulation 25(e) specifies a requirement to list on the product label, the
name and concentration of benzene].
I21
Regulations
37–39, 47–50
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to provision of documentation (essentially
Material Safety Data Sheets) (regulations 37, 38 and 50); the general
content requirements of the documentation (regulation 39 and 47); the
accessibility and presentation of the required documentation with respect
to comprehensibility and clarity (regulation 48).
These controls are triggered when E85 is held in the workplace in
quantities equal to or greater than 5 L.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by regulations 39 – 46 when selling or supplying to
another person a quantity of E85 equal to or greater than 5 L, if the
substance is to be used in a place of work and the supplier has not
previously provided the documentation to that person.
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Explanation3
Regulation 38 – Documentation duties of persons in charge of places of
work
The person in charge of any place of work E85 is present in quantities
equal to or greater than those specified in regulation 38 (and with
reference to Schedule 2 of the Identification Regulations), must ensure
that every person handling the substance has access to the documentation
containing all relevant information required by regulations 39 – 46. The
person in charge must also ensure that the documentation does not contain
any information that suggests that the substance belongs to a hazard
classification it does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with a hazardous substance must include the
following information:
 the unequivocal identity of the substance (e.g. the CAS number,
chemical name, common name, UN number, registered trade
name(s))
 a description of the physical state, colour and odour of the
substance
 if the substance’s physical state may alter over the expected range
of workplace temperatures, the documentation must include a
description of the temperatures at which the changes in physical
state may occur and the nature of those changes.
 in the case of a substance that, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, the documentation must include a description of
each likely change and the date by which it is likely to occur
 contact details for the New Zealand supplier / manufacturer /
importer
 all emergency management and disposal information required for
the substance
 the date on which the documentation was prepared
 the name and concentration of any ingredients that would
independently of any other ingredient, cause the substance to be
classified as class 6.7 (see comments under I16).
Regulation 47 – Information not included in approval
This regulation relates to the provision of specific documentation
information (e.g. as provided on an MSDS). If information required by
regulations 39 to 46 was not included in the information used for the
approval of the substance by the Authority, it is sufficient compliance with
those regulations if reference is made to that information requirement
along with a comment indicating that such information is not applicable to
that substance.
Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling the
substance in a place of work within 10 minutes. The documentation must
be readily understandable by any fully-trained worker required to have
access to it and must be easily read, under normal lighting conditions, at a
distance of not less than 0.3m.
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Explanation3
Regulation 49 – Documentation requirements for vehicles
This regulation provides for the option of complying with documentation
requirements as specified in the various Land, Sea and Air transport rules
when the substance is being transported.
Regulation 50 – Documentation to be supplied on request
Notwithstanding regulation 37 above, a supplier must provide the required
documentation to any person in charge of a place of work (where a
hazardous substance is present) if asked to do so by that person.
I23, I25,
I28
Regulations 41,
43 and 46,

Specific documentation requirements for E85
The documentation provided with E85 must include the following
information:
 its general degree and type of ecotoxic hazard (e.g. highly
ecotoxic to terrestrial vertebrates)
 a full description of the circumstances in which it may harm living
organisms and the extent of that harm
 a full description of the steps to be taken to prevent harm to living
organisms
 a summary of the available acute and chronic (ecotox) data used
to define the (ecotox) subclass or subclasses in which it is
classified
 its bio-concentration factor or octanol-water partition coefficient
 its expected soil or water degradation rate
 any EELs set by the Authority
 its general degree and type of flammable hazard
 a full description of the circumstances in which it may be ignited
unintentionally
 the likely effect of an unintentional ignition
 a full description of the steps to be taken to prevent an
unintentional ignition
 its lower and upper explosive limits, expressed as volume
percentages in air or its flash point (and flash point methodology)
and auto-ignition temperature
 its general degree and type of toxic hazard
 a full description of the circumstances in which it may harm
human beings
 the kinds of harm it may cause to human beings
 a full description of the steps to be taken to prevent harm to
human beings
 the percentage of volatile substance in the liquid formulation, and
the temperature at which the percentages were measured
 a summary of the available acute and chronic (toxic) data used to
define the (toxic) subclass or subclasses in which it is classified
 the symptoms or signs of injury or ill health associated with each
likely route of exposure
 the dose, concentration, or conditions of exposure likely to cause
injury or ill health
 any TELs or WESs set by the Authority.
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I29
Regulation2
Regulations
51 – 52
Explanation3
Duties of persons in charge of places with respect to signage
The person in charge of a place where the quantities of E85 exceeds 50 L
must ensure that the following signage in provided:
If E85 is located in a building (but not in a particular room or
compartment within it), there must be positioned at every vehicular and
pedestrian access to the building, and every vehicular and pedestrian
access to land where the building is located, signage – (a) stating that a
hazardous substance is present; and (b) stating the general type of hazard.
Hazardous Substances (Packaging) Regulations 2001
P1
Regulations 5,
General packaging requirements
6, 7 (1), 8
These controls relate to the ability of the packaging to retain its contents,
allowable packaging markings with respect to design approvals, factors
affecting choice of suitable packaging, and compatibility of the substance
with any previous contents of the packaging.
Regulation 5 – Ability to retain contents
Packaging for E85 must ensure that, when the package is closed, there is
no visible release of the substance, and that it maintains its ability to retain
its contents in temperatures from –10oC to +50oC. The packaging must
also maintain its ability to retain its remaining contents if part of the
contents is removed from the package and the packaging is then re-closed.
The packaging in direct contact with the substance must not be
significantly affected or weakened by contact with the substance such that
the foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing E85 must not be marked in accordance with the UN
Model Regulations unless
 the markings comply with the relevant provisions of that
document, and
 the packaging complies with the tests set out in Schedule 1, 2 or 3
(Packaging Regulations) respectively, and
 the design of the packaging has been test certified as complying
with those tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing E85, account must be taken of its physical state and
properties, and packaging must be selected that complies with the
requirements of regulation 5, and regulations 9 – 21.
Regulation 8 – Compatibility
E85 must not be packed in packaging that has been previously packed
with substances with which it is incompatible.
P3, P5,
P13, P15
Regulations 9,
11, 19 and 21
Packaging requirements for substances packed in limited quantities
E85 may be packaged to a performance standard according to Schedule 4,
in units of packaging not exceeding 1 L.
E85 must be packaged to a performance standard according to Schedule 2
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PG2
Regulation2
Schedule 2
Explanation3
(i.e. PG2) when in quantities exceeding 1 L.
The packaging for portable containers of E85 that have a capacity of 25 L
or less shall comply with the requirements of:
(a) AS/NZS 2906:2001 (Fuel Containers – Portable – Plastics
and Metal); or
(b) ASTM F-852-99e1 (Standard Specification for Portable Gasoline
Containers for Consumer Use); or
(c) a code of practice approved by the Authority under section 79 of the
Act that specifies requirements equivalent to the requirements specified in
paragraph (a) or paragraph (b); or
(d) an approval issued by the Authority or the Chief Inspector of
Dangerous Goods under regulation 3 of the Dangerous Goods (Class 3 –
Flammable Liquids) Regulations 1985 prior to 1 April 2004.
This schedule provides the test methods for packaging required to be
tested in accordance with this schedule. The tests in Schedule 2 correlate
to the packaging requirements of UN Packing Group II (UNPGII).
Hazardous Substances (Disposal) Regulations 2001
D2, D4, Regulations 6,
Disposal requirements for E85
D5
8 and 9
E85 must be disposed of by:
 treating the substance so that it is no longer a hazardous
substance.
 Treatment does not dilution of the substance with any other
substance prior to discharge to the environment nor include
depositing the substance in a landfill or sewage facility but can
include controlled burning providing that the performance
requirements as set out in regulation 6(3)(b) of the Disposal
Regulations for protecting people and the environment are met, or
 exporting the substance from New Zealand as a hazardous waste.
There is provision for E85 to be discharged into the environment as waste
or deposited in a landfill, provided the discharge location is managed so
that:
 the substance will not at any time come into contact with any
substances with explosive or oxidising properties, and
 there is no ignition source in the vicinity of the disposal site, and
 in the event of an accidental fire, harm to people or the
environment does not occur – the performance requirements for
this are set out in regulation 6(3)(b) of the Disposal Regulations;
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any TEL (tolerable exposure limit) set by the Authority for that
substance, or
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any EEL (environmental exposure limit) set by the Authority for
that substance.
D6
Regulation 10
Disposal requirements for packages
This control gives the disposal requirements for packages that contained
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D7
Regulation2
Explanation3
E85 and are no longer to be used for that purpose. Such packages must be
either decontaminated/treated, or rendered incapable of containing any
substance (hazardous or otherwise) and then disposed of in a manner that
is consistent with the disposal requirements for the substance. In addition,
the manner of disposal must take into account the material that the
package is manufactured from.
Regulations 11,
12
Information requirements
These controls relate to the provision of information concerning disposal
(essentially on the label) that must be provided when selling or supplying
a quantity of E85 that exceeds 1 L.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that should
be avoided i.e. that would not comply with the Disposal Regulations. Such
information must be accessible to a person handling the substance within
10 seconds and must comply with the requirements for comprehensibility,
clarity and durability as described in Regulations 34-36 of the
Identification regulations (code I1).
D8
Regulations 13,
14
Documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a MSDS) that must be provided when selling or
supplying a quantity of E85 that exceeds 5 L.
The documentation must describe one or more methods of disposal (that
comply with the Disposal Regulations) and describe any precautions that
must be taken. Such documentation must be accessible to a person
handling the substance at a place of work within 10 minutes and must
comply with the requirements for comprehensibility and clarity as
described in Regulations 48(2), (3) and (4) of the Identification
regulations (code I21).
Hazardous Substances (Emergency Management) Regulations 2001
EM1
Regulations 6,
Level 1 emergency management information: General requirements
7, 9 – 11
These controls relate to the provision of emergency management
information (essentially on the label) that must be provided with E85
when present in quantities equal to or greater than 1 L.
Regulation 6 describes the duties of suppliers, regulation 7 describes the
duties of persons in charge of places, regulation 9 describes the
requirement for the availability of the information (10 seconds) and
regulation 10 gives the requirements relating to the presentation of the
information with respect to comprehensibility, clarity and durability.
These requirements correspond with those relating to secondary identifiers
required by the Identification regulations (code I1, regulations 6, 7, 32 –
35, 36(1) - (7)).
Regulation 11 provides for the option of complying with the information
requirements of the transport rules when the substance is being
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Regulation2
Explanation3
transported.
EM4,
EM6,
EM7
Regulations
8(c), (e) and (f)
Information requirements for E85 substances
EM8
Regulations
12–16, 18–20
The following information must be provided with E85 when present in
quantities equal to or greater than 1 L.
 A description of the material and equipment needed to put out a
fire involving it
 A description of the usual symptoms of toxic exposure
 A description of the first aid to be given
 A 24-hour emergency service telephone number
 a description of the parts of the environment likely to be
immediately affected by it
 a description of its typical effects on those parts of the
environment
 a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment.
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency management
documentation (essentially Material Safety Data Sheets). This
documentation must be provided where E85 is held in quantities equal to
or greater than 5 L.
Regulations 12 and 13 describe the duties of suppliers, regulation 14
describes the duties of persons in charge of places of work, regulation 15
provides for the option of complying with documentation requirements of
the transport rules when the substance is being transported, and regulation
16 specifies requirements for general contents of the documentation.
EM9
EM10
Regulation 17
Regulations
21 – 24
Regulation 18 provides accessibility requirements (documentation to be
available within 5 minutes) and regulation 19 provides requirements for
presentation with respect to comprehensibility and clarity. These
requirements correspond with those relating to documentation required by
the Identification Regulations (code I21).
Extra content for flammable substances
There is an additional requirement for E85 that a description be provided
of the steps to be taken to control any fire involving the substance,
including the types of extinguishant to be used.
Fire extinguishers
Every place (including vehicles) where E85 is held in a place of work in
quantities exceeding 50 L must have 1 fire extinguisher and exceeding
200 L must have 2 fire extinguishers. The intention of these general
requirements is to provide sufficient fire-fighting capacity to stop a fire
spreading and reaching hazardous substances, rather than providing
sufficient capacity to extinguish any possible fire involving large
quantities of hazardous substances.
Each fire extinguisher must be located within 30 m of the substance, or, in
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EM11
Regulation2
Regulations
25 – 34
Explanation3
a transportation situation, in or on the vehicle (regulation 22). The
performance measure for an extinguisher is that it must be capable of
extinguishing a fully ignited pool of flammable liquid (50 mm deep and at
least 6 m2 in area), before the extinguisher is exhausted, and when used by
one person (regulation 23).
Level 3 emergency management requirements – emergency response
plans
These regulations relate to the requirement for an emergency response
plan to be available at any place (excluding aircraft or ships) where E85 is
held (or reasonably likely to be held on occasion) in quantities greater than
1 000 L.
The emergency response plan must describe all of the likely emergencies
that may arise from the breach or failure of controls. The type of
information that is required to be included in the plan is specified in
regulations 29 – 30. Requirements relating to the availability of
equipment, materials and people are provided in regulation 31,
requirements regarding the availability of the plan are provided in
regulation 32 and requirements for testing the plan are described in
regulation 33.
EM12
Regulations
35 – 41
This regulation does not apply to a place where there is stored E85 in
total quantities of less than 2000 litres contained in secure containers,
each individual container with a capacity of less than 250 litres,
located so that any spillage will not endanger any building, or flow
into any stream, lake or natural water and where the proposed or
actual duration is for a continuous period of less than 14 days.
Level 3 emergency management requirements – secondary
containment
These regulations relate to the requirement for a secondary containment
system to be installed at any fixed location where E85 is held in quantities
equal to or greater than 1 000 L.
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to 60 L or
less. Regulation 38 prescribes requirements for places where hazardous
substances are held above ground in containers each holding between 60 L
and 450 L. Regulation 39 prescribes requirements for places where
hazardous substances are held above ground in containers each holding
more than 450 L. Regulation 40 prescribes requirements for places where
hazardous substances are held underground. [Note that these requirements
are under review by MfE as part of the development of the Stationary
Container regulations] Regulation 41 prescribes requirements for
secondary containment systems that contain substances of specific hazard
classifications, e.g. there is a requirement to prevent substances from
coming into contact with incompatible materials, and a requirement to
exclude energy sources when class 3 substances are contained.
This regulation does not apply to a place where there is stored E85 in
total quantities of less than 2000 L contained in secure containers, each
individual container with a capacity of less than 250 litres, located so that
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EM13
Regulation 42
Explanation3
any spillage will not endanger any building, or flow into any stream, lake
or natural water and where the proposed or actual duration is for a
continuous period of less than 14 days.
Level 3 emergency management requirements – signage
These controls relates to the provision of emergency management
information on signage at places where E85 is held at quantities equal to
or greater than 250 L.
The signage must advise of the action to be taken in an emergency and
must meet the requirements for comprehensibility and clarity as defined in
regulations 34 and 35 of the Identification Regulations.
Hazardous Substances (Personnel Qualification) Regulations 2001
AH1
Regulations 4 –
Approved Handler requirements (including test certificate and
6
qualification requirements)
Some (highly) hazardous substances are required to be under the control
of an approved handler during specified parts of the lifecycle. An
approved handler is a person who holds a current test certificate certifying
that they have met the competency requirements specified by the
Personnel Qualification Regulations in relation to handling specific
hazardous substances.
Regulation 4 describes the test certification requirements, regulation 5
describes the qualification (competency and skill) requirements and
regulation 6 describes situations where transitional qualifications for
approved handlers apply.
Unintended Ignition of E85
The controls relating to adverse effects of unintended ignition of class 2 and class 3.1 hazardous substances, set out
in Schedule 10 of the New Zealand Gazette Notice of Thursday, 25 March 2004, Issue Number 35 (as amended by
Issue No. 128, 1 October 2004; Issue No. 208, 16 December 2005; and Issue No. 70, 27 June 2006) shall apply, as
applicable, notwithstanding clause 1 of the schedule.
Specific Containment Controls
1. E85 shall only be manufactured by splash blending of petrol and ethanol in 200 litre fuel drums
within the confines of the designated fuel drum filling area at Terminals New Zealand’s fuel
terminal in Tauranga.
2. Refuelling of vehicles may be carried out using any designated refuelling site that is not defined
until testing has commenced, provided the applicant;
i. has permission from the owner of the land to carry out the trial; and
ii. notifies ERMA New Zealand of the location as per specific containment control 14.
3. E85 shall only be used in test vehicles with engines that have been specifically designed for its use.
4. Test vehicles shall only be refuelled directly from the 200-litre drums, while the test vehicle is
parked alongside or within the designated fuel storage areas or directly from a fuel transport vehicle
whilst that fuel transport vehicle is parked within the confines of a fuel service station.
5. Vehicle refuelling sites shall be chosen so as to prevent the substance entering any surface water or
groundwater system in the event of a spillage.
6. Transfer of fuel to the test vehicles shall only be carried out by hand pump.
7. Filler ports of test vehicles shall be fitted with locking covers and test vehicles shall be parked off
the street at night.
8. E85 shall not be sold, offered for sale, given away, bartered or otherwise distributed.
9. At the end of the test programme, the empty drums shall be recycled into general fuel handling use.
This will dilute the remaining ethanol in the drums to levels permitted by other approved substances
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Explanation3
10. Surplus E85 remaining at the end of the trial shall be returned to Gull New Zealand Ltd and be
blended with petrol until the portion of ethanol in the petrol is below 10%. In this proportion the
resulting fuel blend will meet the requirements of the approved substances ‘petrol’ or ‘petrol-ethanol
blends containing 1 - 10% ethanol by volume.
11. Any accidental spillage of E85 shall be contained and prevented from entering waterways,
Refuelling sites used shall have spill containment facilities. At the manufacturing site fuel shall be
contained in a fuel spill containment area and then transferred from this area, separated, cleaned,
then transferred to vessels containing other fuel or oil products (thereby diluting the proportion of
ethanol to amounts that are permitted by other approved substances).
12. A record shall be kept of all use of the substance. This record shall cover the amount of E85
manufactured, stored at various storage areas, and used in test vehicles for the duration of the vehicle
test programme.
13. E85 shall not be stored in fixed aboveground or underground stationary container systems.
14. 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 of the vehicle refuelling sites, start, and completion of the trials. Notifications shall include
the following details:
Substance Name: E85
ERMA New Zealand Application Number: HSC06017
ERMA New Zealand Approval Number: HSC000244
ERMA Advisor (Hazardous Substances): Nicola Reeves
15. 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. It is suggested that
if a breach in containment results in contamination of a waterway, the relevant iwi authorities be
advised.
16. The Authority or its authorised agent or properly authorised enforcement officers, may inspect the
facilities and trial sites at any reasonable time.
17. This approval remains in place for 2 years from the date of this decision.
18. The maximum total quantity of E85 that shall be manufactured under this approval is 4500 L
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