ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
21 June 2002
Application code
HSR02001
Application type
To import or manufacture any hazardous substance under section
28 of the Hazardous Substances and New Organisms (HSNO) Act
1996
Applicant
Osmose New Zealand
Purpose
To manufacture a combination fungicide/insecticide treatment for
timber and wood products
Date received
18 January 2002
Consideration date
17 May 2002
Considered by
The Hazardous Substances Committee of the Authority
1
Summary of Decision
1.1
The application to manufacture Protim Optimum is approved with controls in
accordance with section 29 and other relevant provisions of the Hazardous
Substances and New Organisms Act 1996 (the HSNO Act), the HSNO Regulations,
and the HSNO (Methodology) Order 1998. The approval is for import or
manufacture.
1.2
The hazardous substances have been given the unique identifier "Protim Optimum"
for the ERMA New Zealand Hazardous Substances Register.
1.3
ERMA New Zealand has adopted the use classification system as the basis for
recording the nature and uses of substances approved. The following use categories
are recorded for the two variants of this substance:
Main category
Industry category
Function/use category
3
0
39
Non-dispersive use
Other
Pesticides, non-agricultural
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 1 of 38
2
Legislative Criteria for Application
2.1
The application was lodged pursuant to section 28 of the HSNO Act. The decision
was determined in accordance with section 29, taking into account additional matters
to be considered in that section and matters relevant to the purpose of the Act, as
specified under Part II of the HSNO Act. Unless otherwise stated, references to
section numbers in this decision refer to sections of the HSNO Act.
2.2
Consideration of the application followed the relevant provisions of the Hazardous
Substances and New Organisms (Methodology) Order 1998 (the Methodology).
Unless 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 18 January 2002. On 24 January, further
information was requested from the applicant, under section 52 of the HSNO Act,
and the application was stalled until 4 February when this information was received.
The application was verified on 5 February.
3.2
The application was publicly notified on 13 February in The Dominion, The New
Zealand Herald, The Christchurch Press, and The Otago Daily Times (clauses 2(b)
& 7, section 53(1) and 53A). Government Departments, Crown Entities, and
interested parties, which in the opinion of the Authority would be likely to have an
interest in the application, were also notified (clause 2(2)(e), section 53(4)).
Submissions were received from:
 The Occupational Safety and Health Service of the Department of Labour,
 Environment Canterbury,
 Tasman District Council,
 Taranaki Regional Council,
 The Ministry of Agriculture and Forestry,
 The Ministry for the Environment,
 The Ministry of Health, and
 Te Runanga o Ngati Whatua.
3.3
One request for a hearing was received but this was withdrawn after a meeting
between the applicant and the requester was held.
3.4
No external experts were used in the considering of this application (clause 17).
3.5
The information available to the Committee comprised:
 The application, including as attachments:
 Confidential information on manufacturing details, formulation, and data on
the components.
 References
 Further information requested (section 52(1)) on:
 What would be used to clean up spillages?, and
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 2 of 38
 How bound is the substance in wood, e.g under what circumstances would it
leach out?
 The ERMA New Zealand Evaluation and Review (E&R) Report including
comments from government departments and the submissions.
3.6
Members of the Hazardous Substances Standing Committee of the Authority: Jill
White (Chairperson), Prof. George Clark, and Prof. Colin Mantell, considered the
application (section 19(2)(b)).
3.7
The statutory time frame for the consideration of the application was formally
extended under section 59 of the HSNO Act, to 14 June 2002, with the agreement of
the applicant.
3.8
The completion of the consideration still exceeded the extended timeline. No formal
waiver was sought for this because the delays were largely unavoidable. They arose
from “first of a kind” status of the application and the need to resolve a number of
policy issues as the consideration proceeded.
4
Consideration
Purpose of the Application
4.1
PROTIM OPTIMUM is the trade name of a substance which contains a mixture of
azoles (0.7% tebuconazole and 0.7% propiconazole) as the active ingredient
fungicides and permethrin as the insecticide. The active ingredients are dissolved in
the white spirits and the proprietary water repellent system. The confidential
specification gives the identity of the active ingredient and outlines CAS numbers,
proportions and functions of the components of the substance.
4.2
The intended use of the product is as a light organic solvent (LOSP) type timber
preservative for use in purpose built industrial treatment plants. Initially the treated
wood will be exported to the US, but as the market develops, the treated wood may
also be used locally.
4.3
PROTIM OPTIMUM triggers thresholds for flammability (3.1C), toxicity (6.1E,
6.3B, 6.9B), and ecotoxicity (9.1A, 9.4B).
Sequence of the Consideration and the Approach Adopted
4.4
In accordance with clause 24 of the Methodology, the approach adopted by the
Committee was to:
 Establish the hazard classifications for the substance and derive the default
controls.
 Identify potentially non-negligible risks, costs, and benefits.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 3 of 38
4.5

Assess potentially non-negligible risks, costs, and benefits in the context of the
default controls and possible variations to those controls. Risks were assessed in
accordance with clause 12, and costs and benefits in accordance with clause 13
of the Methodology.

Consider and determine variations to the default controls arising from the
circumstances provided for in sections 77 (3), (4) and (5) of the Act and then
consolidate controls.

Evaluate overall risks, costs, and benefits to reach a decision. The combined
impact of risks, costs and benefits was evaluated in accordance with clause 34,
and the cost-effectiveness of the application of controls was considered in
accordance with clause 35.
The approach used and set out above meets the requirements of clause 24 of the
methodology ie the need to use recognised risk identification, assessment,
evaluation, and management techniques.
Hazard Classification of Substance
4.6
In determining the appropriate hazard classifications for the substance, the
Committee considered both the classifications proposed by the applicant, and
variations to those classifications proposed in the E&R Report. The Committee
agreed with the alternative analyses in the E&R Report, and the reasons for this are
briefly summarised in the table below, Protim Optimum is therefore classified as
follows:
Hazardous Property
Threshold
Explosiveness
Flammability
 Liquid
Not triggered
Oxidising Capacity
Not
triggered
Corrosiveness
 Metal

Skin

Eye
Triggered
Classification
Reasons for classification
where the E&R Report
differs from applicant
3.1C (closed-cup
flashpoint 38°C)
Not
triggered
Not
triggered
Not
triggered
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 4 of 38
Toxicity
 Acute toxicity
Triggered
6.1E
6.3B


Skin irritation
Eye irritation
Triggered
Not
triggered

Sensitisation
Not
triggered

Mutagenicity

Carcinogenicity

Reproductive/dev
elopmental
Target
organ/systemic
Not
triggered
Not
triggered
Not
triggered
Triggered

Applicant used components in
applying the mixture rules
that did not need to be
included. ERMA NZ also
found additional data
supporting a higher LD50
value for white spirits.
ERMA NZ found additional
data to indicate that the
substance does not trigger the
eye irritancy threshold.
Although data supplied by the
applicant indicates that two
components are sensitisers,
their concentrations in the
substance are below the GHS
cutoff levels and ERMA NZ
is not aware of any research
investigating sensitisation
effects at concentrations
below this level.
6.9B
Ecotoxicity


Aquatic
Soil
Triggered
Not
triggered

Terrestrial
vertebrate
Not
triggered
9.1A
Although the applicant has
supplied data to suggest that
tebuconazole is soil ecotoxic,
the concentration of
tebuconazole in the substance
is not high enough for the
substance to trigger the
threshold.
The avian data supplied by
the applicant indicates that the
substance would not trigger
the threshold.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 5 of 38

Terrestrial
invertebrate
Triggered
9.4B
Although the applicant has
supplied data to indicate that
permethrin triggers a 9.4A
classification, when mixture
rules are applied, the
substance only triggers a 9.4B
classification.
Default Controls
4.7
The default controls associated with above classifications are identified in the E&R
Report (at section 6.3), and are not reproduced here. The Committee's view was that
the E&R Report correctly assigned default controls as set out in the HSNO
Regulations. They were used as the reference for subsequent consideration of the
application.
Identification of the Potentially Non-negligible Risks, Costs, and Benefits of
the Substance
4.8
The Committee identified potentially non-negligible risks, costs and benefits with
reference to clauses 9 and 11 of the Methodology, which incorporate relevant
material from sections 2, 5, 6, and 8 of the Act.
Risks
4.9
The Committee reviewed the identification of risks made by the applicant and
additional risks identified in the E & R Report. The Committee did not identify any
further additional risks. From all of those risks, the Committee identified those
summarised in the table below as those which were potentially non-negligible and
thus warranted more detailed assessment.
Area of impact
Stage in life cycle
Transport of
substance
Use of substance in
timber treatment
including storage
Biological and
physical
environment
Exposure of the
aquatic environment
or of valued
terrestrial
invertebrates due to
accident and spillage
during road transport.
Exposure of valued
terrestial
invertebrates and
exposure of the
aquatic environment
due to spillage in use.
Human health and
safety
-
Exposure of workers
in the treatment plant
due to spillage of the
substance in use or
during transfer from
storage.
Environmental Risk Management Authority Decision: Application (HSR02001)
Māori, cultural,
social and other
Note 1.
-
-
Page 6 of 38
Transport and use
of treated timber
Disposal of the
substance
Damage to the
physical environment
from fire
-
Harm to workers
from exposure to fire.
Note 3.
Note 2.
-
Note 1:
Neither the applicant nor the E&R Report identified any risks to Māori, in relation to section 6(d)
especially or more broadly. It was noted that Nga Kaihautu Tikanga Taiao and Runanga were
consulted in preparing the reports. The Committee thus concludes that there are negligible risks to
Māori.
Note 2:
The Committee view is that it is evident, without doing a full assessment, that the treated timber poses
negligible risk. The volatile components evaporate soon after treatment and the non-volatile
components are bound into the timber.
Note 3:
The risk to people other than workers in the treatment plant is considered to be negligible, without the
need for a full assessment
Economic Costs and Benefits
4.10
In addition to the costs arising from the risks set out in the table above, the
Committee considered that the following economic costs were potentially nonnegligible (see application and E&R Report for more details):
 Costs of clean up after a spillage,
 Increased timber treatment costs from use of the substance (from $60/m3 to
$120/m3),
 Costs for additional storage at a treatment facility,
 Disposal costs.
4.11
The Committee considered that the potentially non-negligible economic benefits
were as follows (see application and E&R report for more details):
 From the ability to export to the USA market and potentially to Australia and
Japan, and
 Easier processing (ease of timber drying, stability of timber).
Other Benefits
4.12
The Committee considered that the other (non-economic) potentially non-negligible
benefits were as follows (see application and E & R Report for more details):
 To the environment from the use of a less hazardous product for timber
treatment (ie from this substance being used instead of tri butyl tin),
 To the community (predominately workers) from the use of a less hazardous
product (ie from this substance being used instead of tri butyl tin).
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 7 of 38
Assessment of the Potentially Non- negligible Risks of the Substance
4.13
The risks assessed were those identified above as potentially non-negligible. Risks
were assessed in terms of the requirements of clause 12 of the Methodology,
including especially the nature of the adverse effects (clause 12(a), the assessment of
consequences and probabilities (clause 12(b) and (c)), the impact of uncertainty
(clause 12(e) and the impact of risk management (clause 12(d).
4.14
The evidence available was largely scientific in nature and was considered in terms
of clause 25(1) of the Methodology. This evidence comprised that provided by the
applicant and additional evidence set out in the E&R Report including evidence
provided in comments and submissions.
Sources of Risk
4.15
In assessing risk the Committee gave particularly consideration to risk arising from
the significant hazards of the substance ie flammability, toxicity and eco-toxicity,
and examined the extent to which exposure to hazard would be mitigated by
controls. Clause 11 dealing with hazards and clause 12 of the Methodology refer.
Assessment of Risk to Workers in Treatment Plants from Toxic Effects
4.16
Acute adverse effects on human health could occur from aspiration into the lungs
following oral exposure. Aspiration could follow either ingestion or inhalation of
the vapours. However, it is considered that as workers will be trained in the hazards
(approved handler (12(d))), intentional ingestion of the substance would be very
unlikely. The magnitude of the effect would be mild, reversible (the unpleasant
solvent taste would put the worker off swallowing fatal amounts intentionally), and
only affect the health of 1-2 people at most (minimal) (12(b)). The risk is thus
considered to be negligible (12(c)).
4.17
For skin irritation to occur, the worker must come into direct contact with the
substance. Workers are required to be trained (approved handler and Health and
Safety in Employment (HSE) Act controls) and required to be adequately supervised
(HSE) (12(d)). The above controls help prevent the worker's skin from coming in
contact with the substance, thus effects are very unlikely to occur. If contact did
occur, skin irritation effects are reversible and would only affect a small number of
workers, ie those who were exposed, and therefore any effects would be minimal
(12(b)). The risk is considered negligible (12(c)).
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 8 of 38
4.18
Long term exposure of workers to the substance through skin absorption could cause
chronic adverse effects such as central nervous system depression, liver, and kidney
conditions. Workers are required to be trained (HSNO approved handler and HSE
Act controls) and required to be adequately supervised (HSE) (12(d)). The above
controls help prevent the worker's skin from coming in contact with the substance.
For effects to occur, it would have to be as the result of long term exposure. It is
considered that this is very unlikely to occur. The magnitude of effects would be
minimal because workers would get irritation effects long before chronic effects
occurred and this would encourage them to use personal protective equipment
(12(b)). The risk is considered negligible (12(c)).
Assessment of Risk to the Aquatic Environment Resulting from Accident Spillage
4.19
The substance is significantly ecotoxic in the aquatic environment. Direct exposure
to the substance is likely to kill fish and other aquatic organisms, and in this respect
the effects on individual organisms are likely to be severe. However, Protim
Optimum is not water soluble and this would limit the effects to a minor level only
ie. few organisms affected.
4.20
Spillage could occur either in the course of use in the treatment plant, or as a result
of an accident during road transport. Road accidents occur but in the case of
transport of liquid materials the frequency is very low and even if accidents occur
the likelihood of spillage is only moderate. By definition the effects would be
highly localised. Moreover exposure to the aquatic environment would only occur if
the accident occurred adjacent to a significant body of water (lake, streams etc). It is
concluded that the likelihood of occurrence is very low. In conjunction with minor
consequences, it is concluded that the risks are negligible.
4.21
The Committee notes issues raised in submissions relating to contaminated sites and
inadequacy of the Department of Labour Approved Code of Practice for the Safe
Use of Timber Preservatives and Antisapstain Chemicals. The Committee also notes
the applicant's assertion that current treatment processes minimise dripping.
4.22
The Code of Practice is not mandatory but the HSNO controls apply irrespective of
whether the Code is followed. The HSNO controls aim to prevent the substance
reaching waterways, by requiring secondary containment, appropriate packaging,
and emergency response plans. The controls also aim to ensure that only competent
workers use it (approved handlers), the use of the substance is accounted for
(tracking), the substance is adequately disposed of, and the substance is adequately
identified and labelled. Compliance with HSNO is encouraged by the setting of an
Environmental Exposure Limit (EEL) and the requirement for a Test Certificate
(12(d)).
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 9 of 38
4.23
With the above controls in place, in particular the packaging and approved handler
controls, it is unlikely that the substance will get spilled at the treatment plant.
Because of the bunding and emergency management plans, if a spillage occurred,
effects would be highly localised, contained within the bunding and not reach a
waterway. The likelihood of occurrence of effects is thus considered to be very low
(12(b)). The risk is considered to be negligible (12(c)).
4.24
The Committee considers that the need for emergency plans to deal with fires and
spills should be a particular focus for enforcement agencies.
Assessment of Risk to Valued Terrestial Invertebrates from Accidental Spillage
4.25
Although Protim Optimum is toxic to terrestrial invertebrates such as bees, because
of the nature of use (closed system), terrestrial invertebrates would only be exposed
as the result of a spillage. The controls to manage accidental spillage are as above
(12(d)). Terrestrial invertebrates would have to be directly exposed to the substance
for effects to occur. The chances of this occuring are considered unlikely. The
exposure would also be highly localised and contained, and would thus only effect a
very small number of terrestrial invertebrates (12(b)). The risk is thus considered to
be negligible (12(c)).
Assessment of Risk to the Physical Environment and to Workers from Fire
4.26
Although Protim Optimum is volatile and flammable its flammability is comparable
to that of mineral turpentine. It would require a sustained source of heat to raise the
substance above its flash point, as well as an ignition source to ignite. The HSNO
controls aim to manage the flammability of the substance at all stages of its lifecycle
by setting:
 Limits on ignition sources (eg spark, temperature),
 Limits on the proportion of flammable vapour to air (flammable gases and
liquids),
 Controls on the management of locations (transit depots, hazardous atmosphere
zones, hazardous substance locations) where flammable substances are being
held or used,
 Controls on containers used to hold certain classes of flammable substances, and
 Controls on transportation of flammable substances (12(d)).
4.27
The Committee considers that because of the above controls, plus the Test
Certificate, approved handler, and packaging requirements, the substance is very
unlikely to catch fire. If a fire did occur, the segregation, packaging, test
certification, emergency management, and firefighting controls would ensure that
the fire wouldn't spread. The effects of the fire would be localised, damage to the
physical environment would be readily contained and the effects on people be mild
reversible effects such as first degree burns and heat stroke (12(b)). The risk is thus
considered to be negligible (12(c)).
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 10 of 38
Assessment of the Potentially Non-negligible Economic Costs and Benefits
4.28
The Methodology and the Act both call for consideration of monetary and nonmonetary costs (clause 13 and section 9). In addition to the costs arising from the
above risks (primarily non-monetary), the following economic costs are considered
below:
 Costs of clean up after a spillage,
 Increased timber treatment costs from use of the substance (from $60/m3 to
$120/m3),
 Costs for additional storage at a treatment facility, and
 Disposal costs.
4.29
The Committee agrees with the E&R report that these identified economic costs
accrue primarily to the user (monetary clause 13 (a)) although they are likely to be
passed on to the wider community through prices.
4.30
The economic benefits of the substance relate principally to its ability to substitute
for tri butyl tin, and this particularly applies to exports to the US market.
4.31
The applicant has stated that the use of Protim Optimum is necessary because
existing preservative treatments to prevent fungal decay and mould using tri butyl tin
compounds are not acceptable for exporting to the USA market. The applicant has
identified increased potential earnings of $20 million dollars (monetary). Indirect
monetary benefits to the community include increased employment. The benefits of
easier processing (ease of timber drying, stability of timber) accrue primarily to the
applicant.
4.32
The Committee is unable to place an expected value on the benefits (clause 13(b))
but notes that the applicant has made a business decision that the increased costs of
Protim Optimum are out weighed by the increased monetary benefits accruing to the
applicant.
Assessment of Other Benefits
4.33
The other non-economic benefits are primarily to the environment and to the
community (predominantly workers in treatment plants) from the substitutions of
Protim Optimum for more hazardous existing treatment chemicals. The principal
existing chemical is tri butyl tin. Although tri butyl tin has not been classified under
HSNO, the Committee is satisfied that it is more hazardous than Protim Optimum,
and that the benefits are legitimate. However, the extent to which the benefit is
achieved will depend on the degree of substitution. There is no information
available on that point.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 11 of 38
Establishment of the Approach to Risk in the Light of Risk Characteristics
4.34
Clause 33 of the Methodology requires the Authority to have regard for the extent to
which a specified set of risk characteristics exist when considering applications. The
intention of this provision is to provide a route for determining how cautious or risk
averse the Authority should be in weighing up risks and costs against benefits.
4.35
The Committee considers that the risks involved in this application are all negligible,
therefore the risk characteristics were not further analysed to establish an approach
to risk.
Variation of Controls under Section 77
4.36
Under section 77(3), (4) & (5) of the Act the default controls determined by the
hazard classifications of the substance may be varied.
4.37
The committee agreed with the proposals in the E&R report that the following
controls should be deleted (or in effect combined with other controls) as provided
for by section 77(5) of the Act. The Committee's view is that the combined controls
resulting from these deletions are as sufficient as the full set of default controls, for
controlling the adverse effects of the substance.






Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 Reg 28 Controls for vertebrate poisons.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 Reg 46-48 Restrictions on use of substances in application areas.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 Reg 10,
reference to class 9 substances - Restrictions on carriage of ecotoxic substances on
passenger service vehicles.
Hazardous Substances (Packaging) Regulations 2001 Reg 19 - Packaging
requirements for toxic substances (class 6).
Hazardous Substances (Packaging) Regulations 2001 Reg 21 - Packaging
requirements for ecotoxic substances (class 9).
Hazardous Substances (Emergency Management) Regulations 2001 Reg 8(c)(ii) Information requirements for flammable substances
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 12 of 38
4.38
The Committee noted that the HSNO Regulations relating to Bulk Storage
Containers and Tanks Wagons have yet to be made and there are thus no default
controls available in this area. The Committee considers that without these
regulations, the potential adverse effects are greater than those which would
normally be associated with substances of that hazard classification when the full
controls framework which supports the classification is available. Therefore the
Committee adds controls dealing with bulk storage and tank wagons under section
77(3) of the Act. These controls are listed at the end of the ‘control’ section on page
39.
4.39
The Committee also notes that during the transitional period of the HSNO Act, some
premises will be subject to two compliance regimes In the case of Protim Optimum,
the HSNO regime would require test certificates as a part of the package of controls.
Other substances on the same site would require a dangerous goods licence, but
requirements are similar in both cases.
4.40
It would be more sensible to have a single regime in place. Accordingly the
Committee considers that if a facility is subject to the Dangerous Goods (Class
Three - Flammable Liquids) and the Dangerous Goods (Licensing Fees)
Regulations, including the requirement to have a dangerous goods licence, these
regulations will apply instead of the Hazardous Substances (Classes 1 to 5 Controls)
Regulations 2001. The relevance to dangerous goods licences should lapse once all
existing dangerous goods are transferred to the HSNO regime.
4.41
The Committee concluded that the above matter should be addressed by varying the
controls under section 77(4)(b) of the Act. In terms of that subsection, the benefits
of Protim Optimum (discussed above) will occur to the extent that the substance
becomes established in the market, primarily as a substitute for other products.
Excessive and unnecessary compliance costs associated with operating overlapping
test certifier and dangerous goods regimes are likely to discourage users from using
Protim Optimum, and will thus reduce or delay the benefits. The Committee
concluded that varying the controls in the manner described above, and as presented
in the appended controls, would not significantly increase any adverse effects, and it
decided that the controls should be so varied under section 77(4)(b).
4.42
The variations in the controls have been discussed with the applicant, and the
provisions of clause 35(b) of the Methodology are effectively met. The controls are
thus varied accordingly.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 13 of 38
A Recommended but Non-mandatory Control
4.43
As indicated above a potentially significant risk is that to workers in timber
treatment plants. Even if this risk is minimal, it would still be prudent to ensure that
protective clothing and equipment is used. The Committee was thus of the view that
full management of risks would be assisted by imposing the following additional
control:

Regulation 8 - Protective clothing and equipment Hazardous Substances (classes
6, 8, and 9 Controls) Regulations 2001.
4.44
However, none of the reasons set out in s 77(3) of the Act applies to such an
addition. The Committee's conclusion is that the level of control stated in the
Regulation is insufficient ie this is possibly a correction which is likely to occur in
most cases, and not one applicable only to the substance being considered. The only
course of action open to the Committee is thus to strongly recommend the voluntary
adoption of this additional measure.
4.45
If similar conclusions are reached in considering other applications in the future this
may indicate a need to revise the Regulation so that the requirement for protective
clothing applies at a lower classification level.
Overall Evaluation of Risks, Costs and Benefits
4.46
Having regard to clauses 22 and 34 of the Methodology and in accordance with
clause 26 of the Methodology, risks costs and benefits were evaluated taking
account of the proposed controls incorporating proposed variations to the default
controls.
4.47
Common units of measurement (clause 34) in effect apply to the combined impact of
economic costs and benefits. These are all effectively monetary costs assessable in $
terms. It is reasonable to conclude that the net impact of these costs and benefits is
positive, as there would otherwise be no economic incentive for the use of the
substance.
4.48
As indicated in the foregoing assessment, individual risks other than those associated
with economic costs and benefits (taking into account the controls) are considered to
be negligible. The Committee concludes that these risks, and associated costs, are
cumulatively negligible.
4.49
Benefits to the environment and to public health derive from this substance being
used instead of a more hazardous substance having tri butyl tin as its active
ingredient. These benefits are additions to the net economic benefit.
4.50
In accordance with clause 26, where a substance poses negligible risks to the
environment and human health and safety, the Authority may approve a substance if
it is evident that the benefits associated with that substance outweigh the costs. It is
evident in this case that the benefits do outweigh the costs and risks.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 14 of 38
Environmental User Charges
4.51
In the current absence of comprehensive criteria for undertaking such a
consideration, no consideration has been given to whether or not environmental user
charges should be applied to the substance which is the subject of this approval.
5
Decision
5.1
Having considered all the possible risks, costs and benefits of the hazardous
substance in accordance with section 29 of the Act, pursuant to clause 26 of the
Methodology, based on consideration and analysis of the information provided, and
taking into account the application of controls, the view of the Committee is that the
substance poses negligible risks to the environment and human health and safety and
it is evident that the benefits associated with the substance outweigh the costs.
5.2
In accordance with clause 36(2)(b) of the Methodology, the Committee records that,
in reaching this conclusion, it has applied the weighing up tests in section 29 of the
Act and clause 26 of the Methodology.
5.3
It has also applied the following criteria in the Methodology:
 Clause 9 - equivalent of sections 5, 6 and 8;
 Clause 11 - characteristics of substance;
 Clause 12 - evaluation of assessment of risks;
 Clause 13 - evaluation of assessment of costs and benefits;
 Clause 21 - the decision accords with the requirements of the Act and
regulations;
 Clause 22 - the evaluation of risks, costs and benefits - relevant considerations;
 Clause 24 - the use of recognised risk identification, assessment, evaluation and
management techniques;
 Clause 25 - the evaluation of risks;
 Clause (26 - risks are negligible and costs are outweighed by benefits)/(27 - risks
and costs are outweighed by benefits);
 Clause 33 - risk characteristics;
 Clause 34 - the aggregation and comparison of risks, costs and benefits; and
 Clause 35 - the costs and benefits of varying the default controls.
5.4
The application for importation and manufacture of the hazardous substance Protim
Optimum is thus approved, with controls, as detailed in Appendix 1.
Mrs Jill White
Chair Hazardous Substances Committee
Date
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 15 of 38
Appendix 1 - Controls Applying to the Substance
Control
Regulation
Code
F1
Regulation 7
F2
Regulation 8
F3
Regulation
55
F5
Regulations
58-59
Explanation
General test certification requirements for all class 1 to 5 substances
A 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.
(See also substitute controls at the end of this Appendix)
General public transportation restrictions and requirements for all class 1 to 5 substances
Other flammable substances are permitted to be carried on passenger service vehicles if the quantity of substance
in any individual package is less than that specified in Schedule 1 (Classes 1 to 5 Controls Regulations).
(See also substitute controls at the end of this Appendix)
General limits on flammable substances
Where a class 2, 3 or 4 substance is present at a place for longer than the specified times listed below, and in a
quantity that exceeds the levels specified in Table 4 of Schedule 3 (Classes 1 to 5 Controls Regulations), that
substance must be held at a hazardous substance location (or transit depot as appropriate).

18 hours if the substance is not subject to tracking requirements

2 hours if the substance is subject to tracking requirements
(See also substitute controls at the end of this Appendix)
Requirements regarding hazardous atmosphere zones for flammable liquids (3.1)
There is a requirement to establish a hazardous atmosphere zone wherever class 3.1C substances are present in
quantities greater than those specified in Table 3 of Schedule 3 (Classes 1 to 5 Controls Regulations). The zone
must comply with either of the standards as listed in regulation 58 (a)-(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].
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 16 of 38
Control
Regulation
Code
F6
F11
Regulations
60-70
Regulation
76
Explanation
(See also substitute controls at the end of this Appendix)
Requirements to prevent unintended ignition of flammable gases (2.1.1) aerosols (2.1.2) and liquids (3.1)
These regulations prescribe controls to reduce the likelihood of unintended ignition of flammable gases, aerosols
and liquids. 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 (eg 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, eg 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 a class 3.1 substance under any of regulations 61,
63(4), 65, 67 and 69 must be an approved handler for that substance, ie the trigger quantities that typically
activate approved handler requirements do not apply [Reg 60(2)].
(See also substitute controls at the end of this Appendix)
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of flammable substances, there is a requirement to ensure
that the substance does not come into contact with any incompatible substance or material, eg by keeping class
4.2 substances away from air and by keeping class 4.3 substances away from water. A list of substances and
materials considered incompatible with class 2, 3 and 4 substances is provided in Table 1 of Schedule 3 (Classes
1 to 5 Controls Regulations).
(See also substitute controls at the end of this Appendix)
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 17 of 38
F12
Regulations
77-78
General requirement for hazardous substance locations for flammable substances
There is a requirement to establish a hazardous substance location where any class 2, 3 or 4 substance is present
in quantities greater than those specified in Table 4 of Schedule 3 (Classes 1 to 5 Controls Regulations) and for a
period exceeding either 18 hours (for substances that do not require tracking) or 2 hours (for substances that are
subject to the Tracking Regulations).
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 mange a hazardous atmosphere zone
F14
Regulation
81
A number of controls are prescribed for hazardous substance locations in order to reduce the likelihood of
unintended ignition of class 2, 3 or 4 substances [Reg 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 substitute controls at the end of this Appendix)
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 class 3.1 substances are present at any hazardous substance
location, hazardous atmosphere zone or transit depot when in quantities above the amounts specified in Tables 3
and 4 of Schedule 3, (Classes 1 to 5 Controls Regulations).
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
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 18 of 38






F16
F17
Regulation
83
Regulations
84-85
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
(See also substitute controls at the end of this Appendix)
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 3 days, but for periods that are more than:

18 hours (for substances that do not require tracking) or

2 hours (for substances that are subject to the Tracking Regulations)
Whenever any class 2, 3 or 4 substance is held at a transit depot in quantities exceeding the levels specified in
Table 4 of Schedule 3 (Classes 1 to 5 Controls Regulations), 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 within specified distances
of other vehicles or places containing hazardous substances

ensure that containers of class 2, 3 or 4 substances held in the depot (but not loaded onto a vehicle) are within
specified distances from vehicles or other containers

ensure that all class 2, 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, eg Electricity Act 1992, HSE (Mining
Underground Regulations) 1999 or Civil Aviation Rules
(See also substitute controls at the end of this Appendix)
Requirements to control adverse effects of intended ignition of flammable substances, including requirements for
protective equipment and clothing
These controls are intended to ensure that where any class 2, 3 or 4 substance is intentionally burnt, the effects of
combustion are managed:

to ensure that adverse effects are contained within the intended area, and
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 19 of 38


T1
to prevent people being exposed to harmful levels of heat radiation.
Reg 84(1) prescribes controls relating to the maximum level of heat radiation that a person may be exposed to
whenever a class 2, 3 or 4 substance is intentionally burnt. If the intended combustion involves burning
substances at a rate in excess of 20 kg/hour or 20 L/hour, there is an additional requirement for the person in
charge to establish a combustion zone around the intended combustion area [Reg 84(2)]. The person in charge of
the combustion zone must ensure that:

the enforcement officer has been notified of the combustion zone’s location

the combustion zone encompasses all areas where there is the potential for people to be exposed to a higher
degree of heat radiation than the level specified in reg 84 (1)(b)

a site plan of the combustion zone is available at all times

all non-authorised personnel are excluded from the combustion zone

the level of heat radiation outside the combustion zone at no time exceeds the level specified in reg 84 (1)(b)

there is appropriate signage around the perimeter of the zone warning that combustion is occurring and
prohibiting entry into the zone.
For those situations where the level of heat radiation within a combustion zone may exceed the level specified in
reg 84 (1)(b), there is a requirement for the person in charge to ensure that all people entering the combustion
zone have the appropriate protective clothing and equipment [Reg 85]. Specific requirements are prescribed
relating to the design, construction and use of the protective clothing and equipment, including:

they must be designed, constructed and operated to prevent any person being subjected to more than the level
of heat radiation specified in reg 84 (1)(b)

they must either be constructed of materials that are not degraded, attacked or combusted by the substance
under the expected use conditions, or if they are not completely resistant, they must retain their integrity for
the time specified by the supplier.

they must be accompanied by documentation that gives sufficient instruction on their use and maintenance.
(See also substitute controls at the end of this Appendix)
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Toxic Property Controls
Regulations
Limiting exposure to toxic substances
11-27
This control relates to limiting people’s 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
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 20 of 38
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
T2
Regulations
29, 30
T4
Regulation 7
T5
Regulation 8
T7
Regulation
10
No TEL is set for this substance.
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 applies to places of work that the public does
not have access to.
The Department of Labour WES for white spirits of 100ppm or 525 mg/m3 is adopted.
Requirements for equipment used to handle substances
Any equipment used to handle toxic substances (eg spray equipment) must retain and/or dispense the substance
in the manner intended, ie without leakage, and must be accompanied by sufficient information so that this can be
achieved.
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when substances that are highly toxic or corrosive are being
handled. The clothing/equipment must be designed, constructed and operated to ensure that the person does not
come into contact with the substance and is not directly exposed to a concentration of the substances that is
greater than the WES for that substance.
The person in charge must ensure that people using the protective clothing/equipment have access to sufficient
information specifying how the clothing or equipment may be used, and the requirements for maintaining the
clothing/equipment.
Restrictions on the carriage of hazardous substances on passenger service vehicles
In order to limit the potential for public exposure to hazardous substances, the following requirements are
prescribed for the carriage of toxic or corrosive substances on public transport vehicles:
 carriage of any quantity of a class 6.1A or 8.2A substances is prohibited;
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 21 of 38

carriage of any other class 6 or 8 substance is restricted to the quantities per package provided in Schedule 2
of the classes 6. 8 and 9 Control Regulations.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Ecotoxic Property Controls
E1
Regulations
32 – 45
E3
Regulation
49
E5
Regulations
5, 6
E6
Regulation 7
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 (eg
soil or sedimant or water), including deposition of a substance onto surfaces (eg as in spray drift deposition).
The default EEL of 0.0001mg/L is set for this substance.
Controls relating to protection of terrestrial invertebrates eg 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 poses a high risk to
beneficial invertebrates eg honeybees.
Specifically, a person must not apply a class 9.4 substance:
 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).
Requirements for keeping records of use
A person using a substance that is highly ecotoxic (ie has a hazard classification of 9.1A, 9.2A, 9.3A, or 9.4A)
must keep a written record of that use if 3kg or more of the substance is applied or discharged within 24 hours in
an area where the substance may enter air or water (and leave the place where it is under control).
The information to be provided in the record is described in regulation 6(1). The record must be kept for a
minimum of 3 years following the use and must be made available to an enforcement officer on request.
Requirements for equipment used to handle substances
Any equipment used to handle ecotoxic substances (eg spray equipment) must retain and/or dispense the
substance in the manner intended, ie without leakage, and must be accompanied by sufficient information so that
this can be achieved.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 22 of 38
E7
Regulation 9
E8
Regulation
10
Cod
e
--------I1
Approved handler requirements
Where ecotoxic substances of any hazard classification 9.1A, 9.2A, 9.3A or 9.4A are held in any quantity, the
substances must generally be under the personal control of an approved handler at all times, or locked up.
However, such substances may be handled by a person who is not an approved handler if:
 an approved handler is present at the facility where the substance is being handled, and
 the approved handler has provided guidance to the person in respect of handling, and
 the approved handler is available at all times to provide assistance if necessary
Restrictions on the carriage of hazardous substances on passenger service vehicles
In order to limit the potential for environmental exposure to ecotoxic substances, the carriage of any class 9
substance on public transport vehicles is restricted to either 5L, 5 kg or 1000 mL gas (aggregate water capacity).
Hazardous Substances (Identification) Regulations 2001
----------------Regulations
6, 7, 32-35,
36 (1)-(7)
The Identification Regulations prescribe requirements with regard to identification of hazardous substances 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 MSDS

signage at places where there is large quantities of the substance.
---------------------------------------------------------------------------------------------------------------------------------------General identification requirements
These controls relate to the duties of suppliers and persons in charge of hazardous substances with respect to
identification (essentially labelling) (regs 6 and 7), accessibility of the required information (regs 32 and 33) and
presentation of the required information with respect to comprehensibility, clarity and durability (regs 34, 35,
36(1)-(7)).
Regulation 6 – Identification duties of suppliers
Suppliers of any hazardous substance must ensure it is labelled as required by regulations 9 and 14 (priority
identifiers for ecotoxic and toxic substances), and regulations 18, 20 and 25 (secondary identifiers for ecotoxic
and toxic substances) of the Identification regulations (see below) before supplying it to any other person.
Suppliers must also ensure that there is no information supplied with the substance (or its packaging) that
suggests it has hazardous properties that it does not have.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 23 of 38
I3
I5
Regulation 9
Regulation
11
Regulation 7 – Identification duties of persons in charge
Persons in charge of hazardous substances must ensure that the hazardous substances are identified with all
relevant priority identifier information (as required by regs 8 - 17) and secondary identifier information (as
required by regs 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 (reg 32), and the
secondary identifier information available within 10 seconds (reg 33).
Persons in charge must also ensure that the substance is not identified as belonging to a hazard class that it does
not belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by regs 8 - 17) must be available within 2 seconds, eg. on the label
All secondary identifier Information (as required by regs 18 - 30) must be available within 10 seconds, eg. on the
label.
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 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

all required information must continue 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 ecotoxic substances must be prominently identified as being ecotoxic.
This information must be available to any person handling the substance within two seconds (reg 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 flammable substances must be prominently identified as being flammable. In
addition, the following information must be provided:

an indication of whether the substance is a gas, aerosol, liquid or solid

if a flammable liquid, information must be provided on its general degree of hazard (eg highly flammable)
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 24 of 38


I8
Regulation
14
I9
Regulation
18
I11
Regulation
20
if a flammable solid, information must be provided on its general type of hazard (eg dangerous when wet)
This information must be available to any person handling the substance within two seconds (reg. 32) and
can be provided by way of signal headings or commonly understood pictograms on the label.
Priority identifiers for toxic substances
This requirement specifies that toxic substances must be prominently identified as being toxic. In addition,
information must be provided on the general degree and type of hazard of the substance (eg. highly poisonous),
and the need to restrict access to children.
This information must be available to any person handling the substance within two seconds (reg 32) and can be
provided by way of signal headings or commonly understood pictograms on the label
Secondary identifiers for all hazardous substance
This control relates to detail required for hazardous substances on the product label. This information must be
accessible within 10 seconds (reg. 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.

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, a description
of each likely change and the date by which it is likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for ecotoxic substances. This information must be
accessible within 10 seconds (reg. 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

in the case of a ecotoxic substance of classification 9.1A, an indication of its general type and degree of
hazard (eg very toxic to aquatic life)

in the case of a ecotoxic substance of classification 9.4B, an indication of its general type of hazard (eg
ecotoxic to terrestrial invertebrates)
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 25 of 38
I13
Regulation
22
I16
Regulation
25
I17
Regulation
26
These requirements could be addressed by statements on the label with respect to its action against both target
and non-target organisms and the method of application used to avoid exposure to non-target organisms. A
statement should be included warning against incorrect disposal in sensitive environments.
Secondary identifiers for flammable substances
This control relates to the additional label detail required for flammable substances. This information must be
accessible within 10 seconds (reg. 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 (eg 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
Secondary identifiers for toxic substances
This control relates to the additional label detail required for toxic substances. This information must be
accessible within 10 seconds (reg. 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 toxic hazard (eg mild skin irritant)

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 any ingredient that would independently of any other ingredient, cause the
substance to be classified as a class 6.9.
Use of Generic Names
This control provides the option of using a generic name to identify specific ingredients (or groups of ingredients)
where such ingredients are required to be listed on the product label as specified by regulations 19(f) and 25 (e)
and (f).
[Regulations 19(f) and 25 (e) and (f) specify a requirement to list on the product label, the name and
concentration of any ingredient that would independently of any other ingredient, cause the substance to be
classified as 6.9].
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 26 of 38
I18
Regulation
27
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 19(f) and 25 (e) and (f).
[Regulations 19(f) and 25 (e) and (f) specify a requirement to list on the product label, the name and
concentration of any ingredient that would independently of any other ingredient, cause the substance to be
classified as either 6.9].
I19
Regulations
29 – 31
Alternative information in certain cases
Regulation 29 relates to alternative ways of presenting the priority and secondary identifier information required
by regulations 8 – 25 when substances are contained in fixed bulk containers or bulk transport containers. The
information requirements for fixed bulk containers are specified in reg 29 (1). The information requirements for
bulk transport containers are specified in reg 29 (2), which essentially state that it is sufficient compliance for
HSNO if the substance is labelled or marked in compliance with the requirements of either the Land Transport
Rule 45001, Civil Aviation Act 1990 or Maritime Transport Act 1994.

Regulation 30 relates to situations when hazardous substances are in multiple packaging and the outer packaging
obscures some or all of the required substance information. The outer packaging must :

be clearly labelled with all relevant priority identifier information ie 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 label assigned by the UN Model Regulations
Regulation 31 relates to alternative information requirements for hazardous substances that are imported into
New Zealand in a closed package or in a freight container and will be transported to their destination without
being removed form 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.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 27 of 38
I21
Regulations
Documentation required in places of work
37–39, 47–50 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) (regs 37, 38 and 50); the general content requirements
of the documentation (reg 39 and 47); the accessibility and presentation of the required documentation in respect
of comprehensibility and clarity (reg 48). These controls are triggered when substances of specific hazard
classifications are held in the workplace in quantities exceeding the levels as specified in Schedule 2 of the
Identification Regulations.
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 a hazardous substance at or above the level specified in
Schedule 2 for that classification, if the substance 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 above those
specified in reg 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 the
substance has hazardous properties it does not have.
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 (eg 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
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 28 of 38


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 either a class 6.1A, 6.1B, 6.1C, 6.5, 6.6, 6.7, 6.8,6.9, 8.2 or 8.3.
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.
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
Regulation
41
I25
Regulation
43
Specific documentation requirements for ecotoxic substances
The documentation provided with ecotoxic substances must include the following information:

its general degree and type of ecotoxic hazard (eg 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
Specific documentation requirements for flammable substances
The documentation provided with flammable substances must include the following information:

its general degree and type of 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

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
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 29 of 38
I28
Regulation
46
I29
Regulations
51 – 52
(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.
Specific documentation requirements for toxic substances
The documentation provided with toxic substances must include the following information:

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

if it is a gas or an aerosol, its vapour pressure, and the temperature at which that pressure was measured

if it will be a liquid during its use, 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
Duties of persons in charge of places in respect of signage
These controls specify the requirements for signage, in terms of content, presentation and positioning at places
where hazardous substances are held in quantities exceeding those specified in Schedule 3 of the Identification
Regulations. Where a substance triggers more than one hazard classification, the most stringent quantity applies.
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 and degree of hazard of the substance (eg highly flammable)
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 30 of 38

I30
Cod
e
P1
where the signage is immediately adjacent to the hazardous substance storage areas, describe the precautions
needed to safely manage the substance (eg a 'No Smoking' warning near flammable substances).
Regulation
53
Advertising corrosive and toxic substances
Any advertisements for a class 6 substance must provide information identifying that it is toxic, specify the
degree of toxicity and the need to restrict access by children.
Hazardous Substances (Packaging) Regulations 2001
Regulations
5, 6, 7 (1), 8
General packaging requirements
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 all hazardous substances 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 are 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 hazardous substances 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 3 (Packaging Regulations) 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 any hazardous substance, 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
Hazardous substances must not be packed in packaging that has been previously packed with substances with
which it is incompatible.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 31 of 38
P3
Regulation 9
P5
Regulation
11
PG3
Cod
e
D2
Requirement for substances packed in limited quantities
Hazardous substances with a hazard classification in column 1 of Schedule 5 may be packaged in packaging that
complies with the tests set out in Schedule 4.
Packaging requirements for flammable liquids (subclass 3.1)
The packaging requirements for flammable liquids are as follows:

3.1C substances in quantities over 5 L should be packaged according to Schedule 3 (UNPG III), but may be
packaged according to Schedule 4 when in quantities below 5 L. There is an additional provision that
packages containing less than 0.5 L (500 mL) of a class 3.1C substance do not have to comply with the drop
test performance standard contained in Schedule 4 providing there is a warning statement on the outside of
the package that the package may not withstand a drop of 0.5 m.
In addition, viscous substances of hazard classification 3.1C are exempt from the packaging requirements that
would otherwise apply, and can be packaged according to Schedule 4.
Schedule 3
This schedule provides the test methods for packaging that is required to be tested accordance with this schedule.
The tests correlate to packaging requirements equivalent to UN Packaging Group III
Hazardous Substances (Disposal) Regulations 2001
Regulation 6
Disposal requirements for flammable substances
Flammable (class 2, 3 and 4) substances must be disposed of by:

treating the substance so that it is no longer a hazardous substance. Treatment does not 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.
However, there is provision for flammable gases (class 2.1.1), aerosols (class 2.1.2) liquids (class 3.1) and readily
combustible solids (class 4.1.1) 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
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 32 of 38
requirements for this are set out in regulation 6 (3)(b) of the Disposal Regulations.
D4
Regulation 8
D5
Regulation 9
D6
Regulation
10
D7
Regulations
11, 12
Disposal requirements for toxic and corrosive substances
A class 6 or 8 substance must be disposed of by:

treating the substance so that it is no longer a hazardous substance, including depositing the substance in a
landfill, incinerator or sewage facility. However, this does not include dilution of the substance with any
other substance prior to discharge to the environment, or

discharging the substance to the environment provided that 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

exporting the substance from New Zealand as a hazardous waste
Disposal requirements for ecotoxic substances
A class 9 substance must be disposed of by:

treating the substance so that it is no longer a hazardous substance, including depositing the substance in a
landfill, incinerator or sewage facility. However, this does not include dilution of the substance with any
other substance prior to discharge to the environment, or

discharging the substance to the environment provided that 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, or

exporting the substance from New Zealand as a hazardous waste
Disposal requirements for packages
This control gives the disposal requirements for packages that contained a hazardous substance 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.
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 a hazardous substance that exceeds the trigger levels as
specified in Schedule 1 of the disposal regulations. Information must be provided on appropriate methods of
disposal and information may be supplied warning of methods of disposal that should be avoided, ie 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
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 33 of 38
D8
Cod
e
EM1
as described in Regs 34-36 of the Identification regulations (code I1).
Regulations
Documentation requirements
13, 14
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 a hazardous substance that exceeds the trigger levels as
specified in Schedule 2 of the disposal regulations. 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 Regs 48 (2), (3) and (4) of
the Identification regulations (code I21).
Hazardous Substances (Emergency Management) Regulations 2001
Regulations
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 any hazardous substance when present in quantities exceeding the trigger levels as listed in
Schedule 1 of the Emergency Management Regulations.
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)).
EM4
Regulation
8(c)
EM6
Regulation
8(e)
Regulation 11 provides for the option of complying with the information requirements of the transport rules when
the substance is being transported.
Additional information requirements for flammable substances
The following information must be provided with flammable substances when present in quantities exceeding the
trigger levels as listed in Schedule 1 of the Emergency Management Regulations.

A description of the material and equipment needed to put out a fire involving it.
Information requirements for toxic substances
The following information must be provided when a toxic substance of class 6.1, or 6.3 is present in quantities
exceeding the trigger levels as listed in Schedule 1 of the Emergency Management Regulations.

A description of the usual symptoms of exposure
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 34 of 38


A description of the first aid to be given to a person exposed to it
A 24-hour emergency service telephone number
EM7
Regulation
8(f)
Information requirements for ecotoxic substances
The following information must be provided with ecotoxic substances when present in quantities exceeding the
trigger levels as listed in Schedule 1 of the Emergency Management Regulations.

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
EM8
Regulations
Level 2 emergency management information requirements
12–16, 18–20 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) that must be
provided where hazardous substances are sold or supplied, or held in a workplace, in quantities equal to or
greater than the quantities specified in Schedule 2 (Emergency Management Regulations).
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
Regulation
17
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 and oxidising substances and organic peroxides
There is an additional requirement for flammable and oxidising substances and organic peroxides 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.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 35 of 38
EM10
EM11
EM12
Regulations
21 – 24
Regulations
25 – 34
Regulations
35 – 41
Fire extinguishers
Every place (including vehicles) where explosive, flammable or oxidising substances are held in a place of work
in quantities exceeding those specified in Schedule 3 (Emergency Management Regulations) must have the
specified number of fire extinguishers (either one or two as detailed in Schedule 3) [Reg 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 hazardous substances
Each fire extinguisher must be located within 30 m of the substance, or, in a transportation situation, in or on the
vehicle [Reg 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 [Reg 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 hazardous substances are held (or reasonably likely to be held on occasion) in
quantities equal to or greater than those specified in Schedule 4 (Emergency Management Regulations).
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 is provided in regulation 32 and requirements for testing
the plan are described in regulation 33.
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 liquid (or liquefiable) hazardous substances are held in quantities above those specified in
Schedule 4 of the Emergency Management Regulations.
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
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 36 of 38
EM13
Regulation
42
450 L. Regulation 40 prescribes requirements for places where hazardous substances are held under ground.
Regulation 41 prescribes requirements for secondary containment systems that contain substances of specific
hazard classifications, eg there is a requirement to prevent substances from coming into contact with
incompatible materials, and a requirement to exclude energy sources when class 1, 2, 3, 4 or 5 substances are
contained).
Level 3 emergency management requirements – signage
These controls relates to the provision of emergency management information on signage at places where
hazardous substances are held at quantities equal to or greater than the quantities specified in Schedule 5.
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.
Code
AH1
Hazardous Substances (Personnel Qualification) Regulations 2001
Regulations
4–6
Approved Handler requirements (including test certificate and 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.
The specific classes and quantities of hazardous substances that trigger approved handler requirements are listed
in the schedules of the relevant property controls regulations (Classes 1 to 5 Controls Regulations and Classes 6,
8 and 9 Controls Regulations).
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.
Code
TR1
Hazardous Substances (Tracking) Regulations 2001
Regulations
4(1), 5, 6
General tracking requirements
Some (highly) hazardous substances are subject to tracking requirements ie the location and movement of the
substance must be recorded at each stage of its lifecycle until its final disposal. The hazard classifications of the
substances requiring tracking are listed in Schedule 1 of the Tracking Regulations. The type of information to be
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 37 of 38
recorded is specified in Schedule 2 of the Tracking Regulations and includes a requirement to identity the
approved handler and provision of information on the identification, quantity, location and disposal of the
substance.
The record must meet the location and presentation requirements specified in Part 2 of the Identification
Regulations ie it must be accessible within 10 minutes and meet the performance standards for comprehensibility
and clarity. The record must be kept for a period of 12 months after the substance has been transferred to
someone else. If substance is discharged into the environment or disposed of, the record must be kept for 3 years.
Regulation 6 provides requirements for the transfer of hazardous substances from one place to another.
Code
Dangerous Goods Regulations
Substitute Control
Until such time as the HSNO Tank Wagon Regulations come into force, the provisions of the Dangerous Goods
Regulations relating to the transportation of flammable liquids in tank wagons must be complied with.
Until such time as the HSNO Bulk Storage Tanks Regulations come into force, the provisions of the Dangerous
Goods Regulations relating to the storage of flammable liquids in bulk must be complied with.
If the substance is kept at a facility already subject to the Dangerous Goods (Class Three – Flammable Liquids)
and the Dangerous Goods (Licensing Fees) Regulations, including the requirement to have a dangerous goods
licence, these regulations apply in place of the requirement to obtain a test certificate under control F1-F17
(above) until the class three flammable liquids are deemed assessed and approved by regulations under section
160(1)(a) of the HSNO Act.
Environmental Risk Management Authority Decision: Application (HSR02001)
Page 38 of 38