ENVIRONMENTAL RISK MANAGEMENT AUTHORITY DECISION 9 February 2007 Application code: HSR07008 Application type Importation or manufacture of a hazardous substance for release under the Hazardous Substances and New Organisms (HSNO) Act 1996 (the Act) [rapid assessment (reduced hazard)] Applicant: Reckitt Benckiser (NZ) Ltd Purpose of the application RB-2-126: To approve for importation or manufacture for release as an aerosol household insecticide containing pyrethroid actives (reduced hazard) Date application received: 24 January 2007 Consideration date 9 February 2007 Considered by Rob Forlong (Chief Executive, ERMA New Zealand) 1 Summary of decision 1.1 The application to import or manufacture RB-2-126 for release is approved with the controls as set out in Appendix 1. This approval has been given in accordance with the relevant provisions of the Act, the relevant HSNO Regulations, and the HSNO (Methodology) Order 1998 (the Methodology), based on RB-2-126 being formulated so that 1 or more of its hazardous properties has a lesser degree of hazard than a substance approved under the Act. 1.2 The substance has been given the following unique identifier for the ERMA New Zealand Hazardous Substances Register: RB-2-126 2 Legislative criteria for application 2.1 2.2 The application was lodged pursuant to section 28. The decision was determined in accordance with section 28A(2)(c), taking into account matters specified under Part II of the Act. Unless otherwise stated, references to section numbers in this decision refer to sections of the Act. 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 purpose of this application is to gain approval to import or manufacture RB-2-126 for release as a household insecticide. 3.2 The application was formally received on 24 January 2007. 3.2.1 3.3 The Agricultural Compounds & Veterinary Medicines Group (ACVMG) of the New Zealand Food Safety Authority (NZFSA), the Ministry of Health and the Department of Labour Workplace Group were advised of the application (clause 2(2)(e)). 3.3.1 3.4 3.5 Under section 52, the application timeframe was extended by one day to request further information. No responses were received. Evaluation of the application was undertaken by the ERMA New Zealand Project Team which comprised the following staff members: Margaret Keane Applications Advisor (Hazardous Substances) Sekove Tinalevu Science Advisor (Hazardous Substances) Beth Dye Applications Manager (Hazardous Substances) The application was considered by the Chief Executive of ERMA New Zealand as provided for by a delegation from the Authority under section 19(2)(d). 4 Consideration Sequence of the consideration 4.1 Reckitt Benckiser (NZ) Ltd seeks approval, under section 28, to import or manufacture RB-2-126 for release in New Zealand as a household insecticide. 4.2 A substance can be assessed by rapid assessment procedures, under section 28A(2)(c), if it can be shown that it has been formulated so that one or more of its hazardous properties has a lesser degree of hazard than any substance already approved under the Act. 4.3 The approach adopted when considering this application was: to identify the composition and hazardous properties of the proposed substance, RB-2-126, and of a reference substance; to determine whether the reference substance is one that has been approved by the Authority and whether the proposed substance has been formulated so that one or more of its hazardous properties has a lesser degree of hazard than the reference substance. 4.4 And then: to determine whether the proposed substance has a similar use to the reference substance; 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 other effects that mean the proposed substance should not be rapidly assessed; and to consider whether the controls that apply under the Act will adequately prevent or manage the adverse effects of the proposed substance. Environmental Risk Management Authority Decision: Application HSR07008 Page 2 of 22 Information review 4.5 The Project Team has reviewed the information supplied by Reckitt Benckiser (NZ) Ltd, 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 RB-2-126 (clauses 29 and 30). Identification of the reference substance 4.6 The applicant identified a reference substance with which they consider RB-2-126 may be compared. This reference substance was transferred under the Act on 1 July 2004 by way of the Hazardous Substance (Pesticides) Transfer Notice 2004 under the generic substance description “Flammable aerosol containing 1 - 2.7 g/kg allethrin, 0.91 - 1.0 g/kg permethrin and 2.7 - 3.5 g/kg tetramethrin” and given the HSNO Approval Number HSR000317. 4.7 The Project Team considers the reference substance, referred to in paragraph 4.6, to be an appropriate reference substance and has used it as such for this application. Composition of RB-2-126 relative to that of the reference substance 4.8 The Project Team notes that RB-2-126 and the reference substance are both flammable aerosol insecticide sprays. 4.9 The active ingredients, a solvent and a propellant are the major hazardous components that confer the hazard classifications to RB-2-126. The active ingredients, a solvent and a propellant are the major hazardous components conferring the hazard classifications to the reference substance. 4.10 The concentration of the active ingredients in the reference substance is greater than in RB-2-126. The percentage concentration of the major hazardous components in the reference substance is greater than in RB-2-126. Hazardous properties of RB-2-126 relative to that of the reference substance 4.11 The Project Team has determined the hazard profile of RB-2-126 based on the information provided by the applicant and other available information. The hazard classifications for RB-2-126 are set out in Table 4.1 for comparison against the reference substance. Table 4.1: Comparison of hazard classifications Hazard Endpoint Flammable Aerosol Skin Irritation/Corrosion Aquatic Ecotoxicity Ecotoxic to terrestrial invertebrates 4.12 RB-2-126 2.1.2A 9.1A 9.4C Reference substance 2.1.2A 6.3B 9.1A 9.4A The Project Team’s determination of hazards indicates that there is a reduction in the hazard profile from the reference substance to RB-2-126 shown by a reduction in ecotoxicity to terrestrial invertebrates and non-assignation of any skin irritancy hazard. This reduction in hazard profile is due to the use of an additional active ingredient and Environmental Risk Management Authority Decision: Application HSR07008 Page 3 of 22 a higher concentration of solvent in the reference substance as compared with RB-2-126. Meeting the criteria for rapid assessment under section 28A(2)(c) 4.13 Based on the comparison and assessment detailed above, the Project Team considers that the criteria for rapid assessment under section 28A(2)(c) have been met through RB-2-126 being formulated so that one or more of its hazardous properties has a lesser degree of hazard than a substance that has been approved under the Act. Use of the proposed substance relative to the reference substance 4.14 The Project Team notes that RB-2-126, like the reference substance, is intended to be used as a flammable aerosol insecticide spray for eradication of common household insect pests. 4.15 Additionally, the Project Team notes that there are no substantial differences in the lifecycle, use, purpose and presentations between the proposed substance and the reference substance. As such, RB-2-126 would not be expected to pose any different risks and the controls assigned to the reference substance will be equally applicable to RB-2-126. Assessment of the adverse effects 4.16 The Project Team has classified RB-2-126 as being a flammable aerosol (HSNO 2.1.2A) and ecotoxic to aquatic organisms and terrestrial invertebrates (HSNO 9.1A and HSNO 9.4C). 4.17 RB-2-126 has a reduced hazard profile compared with the reference substance and both substances have a similar use and exposure profile. The Project Team has not identified any new or additional risks posed by RB-2-126 when compared with the reference substance. 4.18 The Project Team considers that there are no other matters which would prevent this application for RB-2-126 from being rapidly assessed. 5 Controls Default controls 5.1 Based on the hazard classifications determined for the reference substance, a set of associated default controls has been identified by the Project Team as being applicable to RB-2-126. These default controls, expressed as control codes1, are listed in Table 5.1. 5.2 Additional controls under section 77A are available to manage the risks associated with RB-2-126, which are not addressed by the default controls. These are considered in Paragraph 5.6 of this document. 5.3 The Project Team notes that controls E2 (restrictions on use of substances in application areas), E5 (requirements for keeping records of use) and EM12 (level 3 Control codes are those assigned by ERMA NZ to enable easy cross reference with the regulations. A detailed list of these codes is contained in the ERMA New Zealand User Guide to the Controls Regulations. Environmental Risk Management Authority Decision: Application HSR07008 Page 4 of 22 1 emergency management requirements: secondary containment) have been triggered for RB-2-126 on the basis of its intrinsic hazards. However, given the substance is an aerosol, these controls were not considered relevant and have therefore not been listed. This is consistent with the reference substance. 5.4 The Project Team also notes that given RB-2-126 did not trigger a toxicity hazard, it did not trigger the following controls that were triggered by the reference substance: T1, T2, T4, T7, I16, I28, D4 and EM6. Table 5.1: List of default controls for RB-2-126 Flammability Controls F1 General test certification requirements for hazardous substance locations F2 Restrictions on the carriage of flammable substances on passenger service vehicles F3 General limits on flammable substances F4 Approved handler/security requirements for certain flammable substances F5 Requirements regarding hazardous atmosphere zones for class 2.1.1, 2.1.2 and 3.1 substances F6 Requirements to prevent unintended ignition of class 2.1.1, 2.1.2 and 3.1 substances F11 Segregation of incompatible substances F12 Requirement to establish a hazardous substance locations if flammable substances are present F14 Test certification requirements for facilities where class 2.1.1, 2.1.2 or 3.1 substances are present F16 Controls on transit depots where flammable substances are present Ecotoxicity Controls E1 Limiting exposure to ecotoxic substances through the setting of EELs E3 Controls relating to protection of terrestrial invertebrates eg beneficial insects E6 Requirements for equipment used to handle substances E7 Approved handler/security requirements for certain ecotoxic substances Identification Controls I1 Identification requirements, duties of persons in charge, accessibility, comprehensibility, clarity and durability I3 Priority identifiers for ecotoxic substances I5 Priority identifiers for flammable substances I9 Secondary identifiers for all hazardous substances I11 Secondary identifiers for ecotoxic substances I13 Secondary identifiers for flammable substances I19 Additional information requirements, including situations where substances are in multiple packaging I21 General documentation requirements I23 Specific documentation requirements for ecotoxic substances I25 Specific documentation requirements for flammable substances I29 Signage requirements Disposal Controls D2 Disposal requirements for flammable substances D5 Disposal requirements for ecotoxic substances D6 Disposal requirements for packages D7 Information requirements for manufacturers, importers and suppliers, and persons in charge D8 Documentation requirements for manufacturers, importers and suppliers, and persons in charge Emergency Management Controls EM1 Level 1 information requirements for suppliers and persons in charge EM7 Information requirements for ecotoxic substances Environmental Risk Management Authority Decision: Application HSR07008 Page 5 of 22 EM8 EM9 Level 2 information requirements for suppliers and persons in charge Additional information requirements for flammable and oxidising substances and organic peroxides EM11 Level 3 emergency management requirements: duties of person in charge, emergency response plans EM13 Level 3 emergency management requirements: signage Compressed Gases Regulations CG The Hazardous Substance (Compressed Gases) Regulations 2004 prescribe a number of controls relating to compressed gases including aerosols and gas cylinders. Additional controls under section 77A 5.5 Under section 77A, the Authority may impose as controls any obligations and restrictions that the Authority thinks fit. Before imposing a control under this section, the Authority must be satisfied that, against any other specified controls applying to RB-2-126: (a) the proposed control is more effective in terms of its effect on the management, use and risks of hazardous substances; or (b) the proposed control is more cost-effective in terms of its effect on the management, use and risks of hazardous substances; or (c) the proposed control is more likely to achieve its purpose. 5.6 The following control additions have been proposed for RB-2-126 by the Project Team as being more effective in terms of their effect on the management, use and risks of RB-2-126. All three additional controls have similarly been applied to the reference substance: 5.6.1 The Hazardous Substances (Pesticides) (Amendment) Transfer Notice 20061 states that, unless specifically allowed for, no pesticide may be applied onto or into water, where water means water in all its physical forms, whether flowing or not, and whether over or under ground, but does not include water in any form while in a pipe, tank or cistern. The Project Team proposes that this be set as a control for RB-2-126 as follows: RB-2-126 shall not be applied directly onto or into water. 5.6.2 As a means of managing the risks from RB-2-126, additional controls relating to flammable aerosols are required for this substance. Accordingly, the following controls are proposed: "The controls relating to unintended ignition of flammable aerosols, as set out in Schedule 10 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 of that schedule.” 5.6.3 Control code F4 relates to approved handler/security requirements for certain flammable substances. The Project Team proposes the following subclauses for addition immediately after regulation 56 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001: Schedule 4, p2405 Environmental Risk Management Authority Decision: Application HSR07008 1 Page 6 of 22 56A Exception to approved handler requirement for transportation of packaged pesticides (1) Regulation 56 is deemed to be complied with if: (a) when this substance is being transported on land— (i) by rail, the person who drives the rail vehicle that is transporting the substance is fully trained in accordance with the approved safety system for the time being approved under section 6D of the Transport Services Licensing Act 1989; and (ii) other than by rail, the person who drives, loads, and unloads the vehicle that is transporting the substance has a current dangerous goods endorsement on his or her driver licence; and (iii) in all cases, Land Transport Rule: Dangerous Goods 1999 (Rule 45001) is complied with; or (b) when this substance is being transported by sea, one of the following is complied with: (i) Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A): (ii) International Maritime Dangerous Goods Code; or (c) when this substance is being transported by air, Part 92 of the Civil Aviation Rules is complied with. (2) Subclause (1)(a)— (a) does not apply to a tank wagon or a transportable container to which the Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 applies; but (b) despite paragraph (a), does apply to an intermediate bulk container that complies with chapter 6.5 of the UN Model Regulations. (3) Subclause (1)(c)— (a) applies to pilots, aircrew, and airline ground personnel loading and managing this substance within an aerodrome; but (b) does not apply to— (i) the handling of this substance in any place that is not within an aerodrome; or (ii) the loading and managing of this substance for the purpose of aerial spraying or dropping. (4) In this regulation, UN Model Regulations means the 13th revised edition of the Recommendation on the Transport of Dangerous Goods Model Regulations, published in 2003 by the United Nations. Variation of controls under section 77 5.7 It is noted that changes may have been made in legislation subsequent to the approval of the reference substance. These regulatory changes now also apply to the reference substance (section 77(2)(a)). 5.8 The following variations have been proposed for RB-2-126 by the Project Team: 5.8.1 Control E1 relates to limiting exposure to toxic substances through the setting of Environmental Exposure Limits (EELs). ERMA New Zealand is considering a range of issues relating to EELs, including their setting, Environmental Risk Management Authority Decision: Application HSR07008 Page 7 of 22 measurement and enforcement following the passage of amendments to the Act in December 2005. The Project Team notes that EELs have not been set for the reference substance and therefore proposes that no EELs should be set at this time for RB-2-126. 5.9 5.8.2 Controls F4, E7 and AH1 relate to approved handler requirements. The Project Team considers that the primary risk from RB-2-126 is one of flammability when stored in bulk quantities. Subsequently, the Project Team proposes to combine these controls as provided for by section 77(5) such that an approved handler must be present when RB-2-126 is present in quantities greater than 3,000 L (aggregate water capacity). This variation is consistent with the reference substance. 5.8.3 Control TR1 relates to the requirement for records to be kept of the location and movement of hazardous substances. Tracking requirements have been triggered for RB-2-126 as a result of its 9.1A classification. For substances where the tracking control has been triggered solely as a result of ecotoxicity, it is considered that any risks that may arise during its life-cycle are adequately managed by other controls such as packaging, labelling and emergency management requirements. The Agency therefore considers the tracking control can be deleted under s77(4)(a). This approach is consistent with the Authority’s policy on approved handler and tracking controls for class 9 substances (November 2003) and is also consistent with the deletion of this control for the reference substance. 5.8.4 The Project Team considers that controls D2 and D5 may be combined under section 77(5) as they both relate to disposal requirements for RB-2-126. The modifications to controls, as above, have been incorporated into the list of controls for RB-2-126 detailed in Appendix 1. 6 Environmental user charges 6.1 The Project Team considers that use of controls on RB-2-126 is an effective means of managing risks associated with this substance. At this time, no consideration has been given to whether or not environmental 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. 7 Decision 7.1 Pursuant to section 28A, I have considered this application to import or manufacture a hazardous substance for release made under section 28. 7.2 Having considered the composition, hazardous properties, and use for RB-2-126, I am satisfied that the proposed substance meets the criteria for rapid assessment under section 28A(2)(c) in that it has been formulated so that one or more of its hazardous properties has a lesser degree of hazard than an approved reference substance. 7.3 Given the similarities in lifecycle and use of RB-2-126 and the reference substance, I do not expect that an increase in potential exposure will occur. As the risks posed by the proposed substance are somewhat less than that of the reference substance, I consider that applying the same suite of controls to RB-2-126, with the additions and Environmental Risk Management Authority Decision: Application HSR07008 Page 8 of 22 amendments proposed under Paragraphs 5.5 to 5.8.4 (inclusive) will ensure adequate management of the adverse effects of RB-2-126. 7.4 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; 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. 7.5 The application for importation and manufacture of the hazardous substance, RB-2-126 for release is thus approved with controls as detailed in Appendix 1. Rob Forlong Chief Executive, ERMA New Zealand RB-2-126 ERMA New Zealand Approval Code: Environmental Risk Management Authority Decision: Application HSR07008 Date: 9 February 2007 HSR007755 Page 9 of 22 Appendix 1: controls applying to RB-2-126 The controls imposed on RB-2-126 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. Control Code1 Regulation2 Explanation3 Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 - Flammable Property Controls F1 7 General test certification requirements for all class 1 to 5 substances Where a test certificate is required for a hazardous substance location holding flammable substances, 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 three years. F2 8 General public transportation restrictions and requirements for all class 1 to 5 substances The maximum quantity per package of RB-2-126 permitted to be carried on passenger service vehicles is 1.0 L (aggregate water capacity). F3 55 General limits on flammable substances Where RB-2-126 is present at a place for longer than 18 hours and in a quantity that exceeds 3,000 L (aggregate water capacity), it must be held at a hazardous substance location or transit depot as appropriate. F4 56 Approved handler requirements When RB-2-126 is held in quantities above 3,000 L (aggregate water E7 9 Classes 6, 8, capacity), it must generally be under the personal control of an approved and 9 controls handler or secured to a specified standard. However, RB-2-126 may be regulations handled by a person who is not an approved handler if: 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. It should be noted that any person handling any quantity of RB-2-126 under any of regulations 63(4), 65, 67 and 69 must be an approved handler, ie the trigger quantities that typically activate approved handler requirements do not apply [Regulation 60(2)]. 56A Exception to approved handler requirement for transportation of packaged pesticides (1) Regulation 56 is deemed to be complied with if: (a) when this substance is being transported on land— (i) by rail, the person who drives the rail vehicle that is transporting the substance is fully trained in accordance with the approved safety system for the time being approved under section 6D of the Transport Services Licensing Act 1989; and (ii) other than by rail, the person who drives, loads, and unloads the vehicle that is transporting the substance 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. 3 These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions. 1 Environmental Risk Management Authority Decision: Application HSR07008 Page 10 of 22 Control Code1 Regulation2 Explanation3 has a current dangerous goods endorsement on his or her driver licence; and (iii) in all cases, Land Transport Rule: Dangerous Goods 1999 (Rule 45001) is complied with; or (b) when this substance is being transported by sea, one of the following is complied with: (i) Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A): (ii) International Maritime Dangerous Goods Code; or (c) when this substance is being transported by air, Part 92 of the Civil Aviation Rules is complied with. (2) Subclause (1)(a)— (a) does not apply to a tank wagon or a transportable container to which the Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 applies; but (b) despite paragraph (a), does apply to an intermediate bulk container that complies with chapter 6.5 of the UN Model Regulations. (3) Subclause (1)(c)— (a) applies to pilots, aircrew, and airline ground personnel loading and managing this substance within an aerodrome; but (b) does not apply to— (i) the handling of this substance in any place that is not within an aerodrome; or (ii) the loading and managing of this substance for the purpose of aerial spraying or dropping. (4) In this regulation, UN Model Regulations means the 13th revised edition of the Recommendation on the Transport of Dangerous Goods Model Regulations, published in 2003 by the United Nations. F5 F6 58-59 60-70 Requirements for hazardous atmosphere zones for class 2.1.1, class 2.1.2 and class 3.1 substances. There is a requirement to establish a hazardous atmosphere zone wherever RB-2-126 is present in quantities greater than 3,000 L (aggregate water capacity). The zone must comply with either of the AS/NZS Standards as listed in Regulation 58(a)-(b) or with an ERMA approved code of practice. Regulation 59 discusses the application of other legislation with respect to electrical systems located within a hazardous atmosphere zone. Specifically, any controls placed on electrical systems or electrical equipment within a hazardous atmosphere zone must be consistent with any controls on such systems/equipment set under other legislation if they 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. Requirements to reduce the likelihood of unintended ignition of class 2.1.1, class 2.1.2 and class 3.1 substances. These regulations prescribe controls to reduce the likelihood of unintended ignition of RB-2-126. Controls are prescribed with the aim of covering all Environmental Risk Management Authority Decision: Application HSR07008 Page 11 of 22 Control Code1 F11 F12 Regulation2 76 77 Explanation3 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. It should be noted that any person handling any quantity of RB-2-126 under any of regulations 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)]. Segregation of incompatible substances In order to reduce the likelihood of unintended ignition of flammable substances, there is a requirement to ensure that RB-2-126 does not come into contact with any incompatible substance or material. There is also a requirement that packages of incompatible substances are held separately. A list of substances and materials considered incompatible with RB-2-126 is as follows: any class 1 substance; any class 3 substance; any class 4 substance; or any class 5 substance. This regulation does not apply RB-2-126 that is located on a vehicle, ship or aircraft if they are segregated in accordance with the Land Transport Rules, the Maritime Rules or the Civil Aviation Rules as relevant. Requirement to establish a hazardous substance location if flammable substances are present There is a requirement to establish a hazardous substance location where RB-2-126 is present in quantities greater than 3,000 L (aggregate water capacity) and held for a period exceeding 18 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 the requirements of regulation 56 are met; ensure that any location test certification requirements are met; ensure that a site plan is available for inspection; establish and manage a hazardous atmosphere zone when required (as prescribed by regulation 58). Environmental Risk Management Authority Decision: Application HSR07008 Page 12 of 22 F14 F16 81 83 Test certification requirements for facilities where class 2.1.1, 2.1.2 or 3.1 substances are present There is a test certification requirement when RB-2-126 present at any hazardous substance location when in quantities above 3,000 L (aggregate water capacity). That test certificate must be issued by an approved test certifier and must demonstrate compliance with a number of specified controls, including: ensuring that the responsible enforcement authority has been notified of the locality and capacity of the 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, including fire-fighting equipment, emergency response plans and secondary containment; ensuring that a site plan is available for inspection. Controls on transit depots where flammable substances are present Transit depots are places designed to hold hazardous substances (in containers that remain unopened) for a period of up to three days, but for periods that are more than 18 hours. Whenever RB-2-126 is held at a transit depot in quantities exceeding 3,000 L (aggregate water capacity), 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 2, 3 or 4 substances is not less than 3 m from any other vehicle or container containing compatible hazardous substances, and not less than 5 m from any other vehicle or container containing incompatible hazardous substances; ensure that containers of class 3 or 4 substances held in the transit depot (but not loaded onto a vehicle) are not less than 5 m from containers of incompatible substances; ensure that all class 3 or 4 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. Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property Controls E1 32-45 Limiting exposure to ecotoxic substances 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: Environmental Risk Management Authority Decision: Application HSR07008 Page 13 of 22 E3 49 applying the default EELs specified; adopting an established EEL; calculating an EEL from an assessment of available ecotoxicological data. No EELs are set for RB-2-126 at this time. Controls relating to protection of terrestrial invertebrates e.g. beneficial insects This Regulation applies to substances that are ecotoxic to terrestrial invertebrates (class 9.4 substances) and prescribes controls to restrict the use of such substances in situations where they may pose a high risk to beneficial invertebrates e.g. honeybees. Specifically, a person must not apply RB-2-126: in an area where bees are foraging and the substance is in a form in which bees are likely to be exposed to it; or on specific plants likely to be visited by bees if the plant is in open flower or part bloom, or is likely to flower within a specified period of time following application of the substance (not longer than 10 days). E6 7 Requirements for equipment used to handle hazardous substances Any equipment used to handle ecotoxic substances (e.g. spray equipment) 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 (Identification) Regulations 2001 The Identification Regulations prescribe requirements with regard to identification of RB-2-126 in terms of: information that must be “immediately available” with the substance (priority and secondary identifiers). This information is generally provided by way of the product label; documentation that must be available in the workplace, generally provided by way of SDS; signage at a place where there is a large quantity of the substance. I1 6, 7, 32-35, 36 General identification requirements (1)-(7) These controls relate to the duties of suppliers and persons in charge of RB-2-126 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 RB-2-126 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 RB-2-126 within two seconds (Regulation 32), and the secondary identifier information available within 10 seconds (Regulation 33). Suppliers must also ensure that no information is supplied with RB-2-126 (or its packaging) that suggests it belongs to a class or subclass 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 to 17) and secondary identifier information (as required by Regulations 18 to 30) before supplying it to any other person. This includes ensuring that the Environmental Risk Management Authority Decision: Application HSR07008 Page 14 of 22 priority identifier information is available to any person handling the substance within two seconds (Regulation 32), and the secondary identifier information is 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 or subclass that it does not in fact belong to. Regulations 32 and 33 – Accessibility of information All priority identifier Information (as required by Regulations 8 to 17) must be available within two seconds, e.g. on the label All secondary identifier Information (as required by Regulations 18 to 30) must be available within 10 seconds, e.g. on the label. I3 I5 I9 9 11 18 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 or oral) must be readily understandable and in English; any information provided in written or pictorial form must be able 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. Priority identifiers for ecotoxic substances This requirement specifies that RB-2-126 must be prominently identified as being ecotoxic. This information must be available to any person handling RB-2-126 within two seconds (Regulation 32) and can be provided by way of signal headings or commonly understood pictograms on the label. Priority identifiers for flammable substances This requirement specifies that RB-2-126 must be prominently identified as being flammable. In addition an indication that RB-2-126 is an aerosol must be provided. This information must be available to any person handling RB-2-126 within two seconds (Regulation 32) and can be provided by way of signal headings or commonly understood pictograms on the label. Secondary identifiers for all hazardous substances This control relates to detail required for RB-2-126 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. 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 or subclass, a description of each likely change and the date by which it is likely to occur. Environmental Risk Management Authority Decision: Application HSR07008 Page 15 of 22 I11 20 I13 22 I19 29-31 Secondary identifiers for ecotoxic substances This control relates to the additional label detail required for RB-2-126. This information must be accessible within 10 seconds (Regulation 33) and could be provided on secondary panels on the product label. The following information must be provided: an indication of the circumstances in which it may harm living 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 (ie very ecotoxic in the aquatic environment, harmful to terrestrial invertebrates). Secondary identifiers for flammable substances This control relates to additional label detail required for RB-2-126. This information must be accessible within 10 seconds (Regulation 33) and could be provided on secondary panels on the product label. The following information must be provided: an indication of its general type and degree of flammable hazard (ie flammable aerosol); 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. Alternative information in certain cases Regulation 29 – Substances in fixed bulk containers or bulk transport containers This Regulation relates to alternative ways of presenting the priority and secondary identifier information required by Regulations 8 to 25 when RB-2-126 is contained in fixed bulk containers or bulk transport containers. Regulation 29(1) specifies that for fixed bulk containers, it is sufficient compliance if there is available at all times to people near the container, information that identifies the type and general degree of hazard of the substance. When class 1, 2, 3, 4 or 5 substances are contained, there is an additional requirement that information must be provided describing any steps to be taken to prevent an unintentional explosion, ignition combustion, acceleration of fire or thermal decomposition. Regulation 29(2) specifies that for bulk transport containers, it is sufficient compliance if the substance is labelled or marked in compliance with the requirements of the Land Transport Rule 45001, Civil Aviation Act 1990 or Maritime Transport Act 1994. Regulation 30 – Substances in multiple packaging This Regulation relates to situations when RB-2-126 is in multiple packaging and the outer packaging obscures some or all of the required substance information. In such cases, the outer packaging must: be clearly labelled with all relevant priority identifier information i.e. the hazardous properties of the substance must be identified; or be labelled or marked in compliance with either the Land Transport Rule 45001, Civil Aviation Act 1990 or the Maritime Safety Act 1994 as relevant; or in the case of an ecotoxic substance, it must bear the EU pictogram “Dangerous to the Environment” (‘dead fish and tree’ on orange background); or bear the relevant class or subclass label assigned by the UN Model Environmental Risk Management Authority Decision: Application HSR07008 Page 16 of 22 Regulations. I21 37-39, 47-50 Regulation 31 – Alternative information when substances are imported This Regulation relates to alternative information requirements for a hazardous substance that is imported into New Zealand in a closed package or in a freight container and will be transported to its destination without being removed from that package or container. In these situations, it is sufficient compliance with HSNO if the package or container is labelled or marked in compliance with the requirements of the Land Transport Rule 45001. 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 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 RB-2-126 is held in the workplace in quantities equal to or greater than 1.0 L (aggregate water capacity). Regulation 37 – Documentation duties of suppliers A supplier must provide documentation containing all relevant information required by Regulations 39 to 48 when selling or supplying to another person a quantity of RB-2-126 equal to or greater than 1.0 L (aggregate water capacity), if it is to be used in a place of work and the supplier has not previously provided the documentation to that person. Regulation 38 – Documentation duties of persons in charge of places of work The person in charge of any place of work where hazardous substances are 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 required for each hazardous substance concerned. The person in charge must also ensure that the documentation does not contain any information that suggests that the substance belongs to a class or subclass 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 RB-2-126’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. Environmental Risk Management Authority Decision: Application HSR07008 Page 17 of 22 Regulation 47 – Information not included in approval This Regulation relates to the provision of specific documentation information (e.g. as provided on an SDS). 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 0.3 m. 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. I23 41 I25 43 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. Specific documentation requirements for ecotoxic substances The documentation provided with RB-2-126 must include the following information: its general degree and type of ecotoxic hazard (ie very ecotoxic in the aquatic environment, harmful to terrestrial invertebrates); 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. Specific documentation requirements for flammable substances The documentation provided with RB-2-126 must include the following information: its general degree and type of hazard (ie flammable aerosol); 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; if it is a gas, its lower and upper explosive limits, expressed as volume percentages in air; if it is a liquid, its lower and upper explosive limits, expressed as volume percentages in air or its flash point (and flash point methodology) and auto-ignition temperature; if it is a self-reactive solid, its self-acceleration decomposition temperature and heat of decomposition per unit mass. Environmental Risk Management Authority Decision: Application HSR07008 Page 18 of 22 I29 51-52 Duties of persons in charge of places with respect to signage These controls specify the requirements for signage, in terms of content, presentation and positioning at places where RB-2-126 is held in quantities exceeding 3,000 L (aggregate water capacity). Signs are required: at every entrance to the building and/or location (vehicular and pedestrian) where hazardous substances are present at each entrance to rooms or compartments where hazardous substances are present; immediately adjacent to the area where hazardous substances are located in an outdoor area. The information provided in the signage needs to be understandable over a distance of 10 metres and be sufficient to: advise that the location contains hazardous substances; describe the general type of hazard of each substance (e.g. flammable); where the signage is immediately adjacent to the hazardous substance storage areas, describe the precautions needed to safely manage the substance (e.g. a 'No Smoking' warning near flammable substances). Hazardous Substances (Disposal) Regulations 2001 D2, D5 6, 9 Disposal requirements for RB-2-126 RB-2-126 must be disposed of by: treating RB-2-126 so that it is no longer a hazardous substance. exporting RB-2-126 from New Zealand as a hazardous waste treatment can include controlled burning providing the performance requirements as set out in regulation 6 (3)(b) of the Disposal Regulations for protecting people and the environment are met, and the burning operation does not exceed any EELs treatment includes discharge into the environment as waste, or depositing in a landfill, provided the discharge location is managed so that: - RB-2-126 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, and - after reasonable mixing, the concentration of RB-2-126 in any part of the environment outside the mixing zone does not exceed the EELs set by the Authority for that substance. However, this does not include dilution of the substance with any other substance prior to discharge to the environment D6 10 Disposal requirements for aerosol containers This control gives the disposal requirements for aerosol containers that contained RB-2-126 and are no longer to be used for that purpose. Such containers must be disposed of in a manner that is consistent with the disposal requirements for the substance. D7 11, 12 Disposal 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 RB-2-126 that exceeds 1.0 L (aggregate water capacity). Information must be provided on appropriate methods of disposal and information may be supplied warning of methods of disposal that should be avoided, ie which would not comply with the Disposal Regulations. Such information must be accessible to a person handling the substance within 10 Environmental Risk Management Authority Decision: Application HSR07008 Page 19 of 22 D8 13, 14 seconds and must comply with the requirements for comprehensibility, clarity and durability as described in Regulations 34-36 of the Identification Regulations (code I1). Disposal documentation requirements These controls relate to the provision of documentation concerning disposal (essentially in an SDS) that must be provided when selling or supplying a quantity of RB-2-126 that exceeds 1.0 L (aggregate water capacity). 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 6, 7, 9-11 Level 1 emergency management information: General requirements These controls relate to the provision of emergency management information (essentially on the label) that must be provided with RB-2-126 when present in quantities equal to or greater than 1.0 L (aggregate water capacity). 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)). EM7 8(f) EM8 12-16, 18-20 Regulation 11 provides for the option of complying with the information requirements of the transport rules when the substance is being transported. Information requirements for ecotoxic substances The following information must be provided with RB-2-126 when present in quantities equal to or greater than 0.1 L (aggregate water capacity): 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 documentation 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 Safety Data Sheets). This documentation must be provided where RB-2-126 is sold or supplied, or held in a workplace, in quantities equal to or greater than 1.0 L (aggregate water capacity). 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. Regulation 18 prescribes location and presentation requirements for the documentation, i.e. it must be available within 10 minutes, be readily understandable, comprehensible and clear. These requirements correspond with those relating to documentation required by the Identification regulations (code I21). Environmental Risk Management Authority Decision: Application HSR07008 Page 20 of 22 EM9 17 EM10 21-24 EM11 EM13 25-34 42 Specific documentation requirements for flammable and oxidising substances and organic peroxides There is an additional requirement for RB-2-126 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 RB-2-126 is held in a place of work in quantities exceeding 3,000 L (aggregate water capacity), must have one fire extinguisher (Regulation 21). 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 RB-2-126. Each fire extinguisher must be located within 30 m of the substance, or, in 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 RB-2-126 is held (or reasonably likely to be held on occasion) in quantities greater than 3,000 L (aggregate water capacity). 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 to 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. Level 3 emergency management requirements – signage This control relates to the provision of emergency management information on signage at places where RB-2-126 is held at quantities equal to or greater than 3,000 L (aggregate water capacity). 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 4-6 Approved Handler requirements RB-2-126 is required to be under the control of an approved handler when it is present in quantities of more than 3,000 L (aggregate water capacity). 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. Environmental Risk Management Authority Decision: Application HSR07008 Page 21 of 22 Hazardous Substance (Compressed Gases) Regulations 2004 The Hazardous Substance (Compressed Gases) Regulations 2004 prescribe a number of controls relating to compressed gases including aerosols. Additional controls set under s77A Schedule 10, DGTN The controls relating to unintended ignition of flammable aerosols, as set out March 2004 in Schedule 10 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 of that schedule. RB-2-126 shall not be applied directly onto or into water. Environmental Risk Management Authority Decision: Application HSR07008 Page 22 of 22