ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
13 December 2002
Application code
HSR02005
Application type
To import or manufacture any hazardous substance under Section
28 of the Hazardous Substances and New Organisms (HSNO) Act
1996
Applicant
Altex Coatings Limited
Purpose
To import and manufacture ranges of copper co-biocide
antifouling paints in a range of colours for marine use
Date received
26 April 2002
Consideration date
4 November 2002 – 22 November 2002
Date decision signed
11 December 2002
Considered by
Hazardous Substances Standing Committee of the Authority
1
Summary of Decision
1.1
The application to import or manufacture seven ranges of Altex antifouling paint is
approved in accordance with the relevant provisions of the Hazardous Substances
and New Organisms Act 1996 (the HSNO Act), the HSNO Regulations, and the
HSNO (Methodology) Order 1998.
1.2
The seven product ranges have been given the following unique identifiers for the
purposes of the ERMA New Zealand Hazardous Substances Register:
ABLATIVE A ANTIFOULING RANGE
ABLATIVE A1 ANTIFOULING RANGE
ABLATIVE B ANTIFOULING RANGE
HARD A ANTIFOULING RANGE
HARD B ANTIFOULING RANGE
ALLOY ANTIFOULING RANGE
WATERBASED ANTIFOULING RANGE
1.3
ERMA New Zealand has adopted the European Union use classification system as
the basis for recording the nature and uses of substances approved. The following
use categories are recorded for this substance:
Main Category
4
Dispersive
Industry Category
14
Paints, lacquers and varnishes industry
Use Category
39
Pesticides, non-agricultural
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 26 April 2002.
3.2
The application was stalled under section 52 on 6 May 2002 when further
information was requested from the applicant, and unstalled on 10 May 2002 when
additional information was received.
3.3
The application was verified on 14 May 2002.
3.4
In accordance with sections 53(1) and 53A, and clauses 2(2)(b) and 7, public
notification was made on 18 May 2002.
3.5
Various government departments (including MAF, DoC, OSH and MoH), Crown
Entities and interested parties, which in the opinion of the Authority would be likely
to have an interest in the application, were notified of the receipt of the application
(sections 53(4)(b) and 58(1)(c), and clauses 2(2)(e) and 5) and provided with an
opportunity to comment or make a public submission on the application.
3.6
MAF commented that if these products were to be used in an aquacultural context
such as a fish farm, it could be classed as an agricultural compound and therefore
MAF would have a regulatory interest. MAF suggested that it would be helpful if
the applicant could advise of whether the products were intended to be used in this
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context. ERMA New Zealand has made the applicant aware of MAF’s position with
respect to this issue.
3.7
Submissions closed on 1 July 2002. Two submissions were received (section 54),
one from Tasman District Council and one from Environment Canterbury. Neither
submitter requested to be heard therefore a public hearing was not held.
3.8
The application was stalled under section 58 on 18 June 2002 when the applicant
was asked to provide information on the international status on the use of selected
co-biocides in antifouling paints. The application was unstalled on 5 August 2002
when this additional information was received.
3.9
A waiver was requested on 19 August to extend the time to prepare E&R Report in
order to include the additional information. A further waiver was requested on 2
October to provide for additional time to make revisions to the E&R Report as a
result of increasing the number of generic ranges from four to seven.
3.10
No external experts were used in the consideration of this application (clause 17).
3.11
Members of the Hazardous Substances Standing Committee: Jill White
(Chairperson), Tony Haggerty and George Clark considered the application (section
19(2)(b)).
3.12
The information available to the Committee comprised:
4

The application, including confidential information on the composition of the
products

Additional information provided by the applicant as a result of further
information requests

ERMA New Zealand briefing note of October 8

The ERMA New Zealand Evaluation and Review (E&R) Report

Ngā Kaihautū Tikanga Taiao report

Comments on the E&R Report from the applicant and other parties
Consideration
Purpose of the Application
4.1
This application is to import and/or manufacture a number of generic ranges of
copper-based antifouling paints using co-biocide technology. The original
application comprised four generic ranges but in order to more tightly define the
hazard profiles of the product ranges, the four ranges were re-grouped into seven
ranges (3 ablative, 2 hard, 1 alloy and 1 waterbased) as listed below:
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ABLATIVE A ANTIFOULING RANGE
ABLATIVE A1 ANTIFOULING RANGE
ABLATIVE B ANTIFOULING RANGE
HARD A ANTIFOULING RANGE
HARD B ANTIFOULING RANGE
ALLOY ANTIFOULING RANGE
WATERBASED ANTIFOULING RANGE
4.2
All seven ranges contain copper compounds as the principal biocide (A1 and A8).
All ranges except the WATERBASED RANGE also include the choice of a single
organic booster biocide. Paints in ABLATIVE A contain only co-biocide A6, paints
in ABLATIVE A1 can contain any one of five different co-biocides (A2, A3, A4,
A5 or A7), and paints in ABLATIVE B and HARD A contain only co-biocide A3.
Paints in HARD B can contain either co-biocides A2 or A7 and paints in the
ALLOY RANGE contain only co-biocide A9.
4.3
While assessing the application, it came to ERMA New Zealand’s attention that a
number of overseas regulatory agencies have either banned the use of selected cobiocides in antifoulants or placed restrictions on their use such that they cannot be
used on vessels less than 25 m in length. Three of the co-biocides covered by this
application (A3, A4 and A9) are on this banned/restricted list. In addition, ERMA
New Zealand notes that a further two co-biocides (A2 and A7) are structurally
similar to co-biocides whose use has also been restricted overseas. The current
international regulatory status of co-biocides (with respect to their use in
antifoulants) that are currently used in existing registered antifouling paints in New
Zealand was provided in Appendix 6 of the E&R Report.
4.4
There are a total of 46 antifouling paints currently registered for use in New
Zealand, 44 of which are copper-based. Of the 46 registered formulations, 22
products contain one or more of the same co-biocides, and at similar concentrations,
to those included in this application.
5 products contain A3
3 products contain A4
5 products contain A6
13 products contain A9
4.5
Therefore, the specifications for these seven product ranges encompass currently
registered antifouling paints, including several products registered by the applicant.
4.6
The Committee acknowledges that none of the antifouling paints currently registered
for use in New Zealand contain co-biocides A2, A5 or A7. However, it is noted that
co-biocides A2 and A7 are very similar in chemical structure and ecotoxicity to cobiocides that are components in currently approved products and co-biocide A5 is a
recognized component in antifouling paints overseas.
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Sequence of the Consideration
4.7
In accordance with clause 24, 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.

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.

Consider and determine variations to the default controls arising from the
circumstances provided for in sections 77 (3), (4) and (5) 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.
Hazard Classification
4.8
In determining the appropriate hazard classifications for the substance, the
Committee considered both the classifications proposed by the applicant and the
variations to those classifications proposed in the E&R Report. The Committee
agreed with the analysis in the E&R Report (section 7.3) and considers that the
seven generic ranges are classified as follows:
ABLATIVE A
ANTIFOULING RANGE
3.1C (flammable liquid)
6.1D (acute oral toxin)
6.3B (skin irritant)
6.4A (eye irritant)
6.5B (contact sensitizer)
6.6B (suspected human mutagen)
6.8B (reproductive / developmental toxicant)
6.9B (target organ toxicant)
9.1A (ecotoxic in aquatic environment)
9.3C (ecotoxic to terrestrial vertebrates)
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ABLATIVE A1 ANTIFOULING
RANGE
3.1C (flammable liquid)
6.1D (acute oral and inhalational toxin)
6.1E (acute dermal toxin)
6.3B (skin irritant)
6.4A (eye irritant)
6.5B (contact sensitizer)
6.8B (reproductive / developmental toxicant)
6.9B (target organ toxicant)
9.1A (ecotoxic in aquatic environment)
9.3B (ecotoxic to terrestrial vertebrates)
ABLATIVE B ANTIFOULING
RANGE
3.1C (flammable liquid)
6.1D (acute oral toxin)
6.3B (skin irritant)
6.4A (eye irritant)
6.5B (contact sensitizer)
6.9B (target organ toxicant)
9.1A (ecotoxic in aquatic environment)
9.3C (ecotoxic to terrestrial vertebrates)
HARD A ANTIFOULING
RANGE
3.1C (flammable liquid)
6.1D (acute oral toxin)
6.3B (skin irritant)
6.4A (eye irritant)
6.5B (contact sensitizer)
6.8A (reproductive /developmental toxicant)
6.9B (target organ toxicant)
9.1A (ecotoxic in aquatic environment)
9.3C (ecotoxic to terrestrial vertebrates)
HARD B ANTIFOULING
RANGE
3.1C (flammable liquid)
6.1D (acute oral and inhalational toxin)
6.3B (skin irritant)
6.4A (eye irritant)
6.5B (contact sensitizer)
6.8A (reproductive / developmental toxicant)
6.9B (target organ toxicant)
9.1A (ecotoxic in aquatic environment)
9.3C (ecotoxic to terrestrial vertebrates)
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4.9
ALLOY ANTIFOULING
RANGE
3.1C (flammable liquid)
6.1D (acute oral and inhalational toxin)
6.1D (acute dermal toxin)
6.3B (skin irritant)
6.4A (eye irritant)
6.5B (contact sensitizer)
6.8B (reproductive / developmental toxicant)
6.9A (target organ toxicant)
9.1A (ecotoxic in aquatic environment)
9.3C (ecotoxic to terrestrial vertebrates)
WATERBASED ANTIFOULING
RANGE
6.1D (acute oral toxin)
6.3B (skin irritant)
6.4A (eye irritant)
6.8A (reproductive / developmental toxicant)
6.9B (target organ toxicant)
9.1A (ecotoxic in aquatic environment)
9.3C (ecotoxic to terrestrial vertebrates)
The Committee acknowledges that these classifications differ from those proposed
by the applicant due in part to the re-grouping of the four generic ranges into seven
ranges, and in part to inaccuracies and/or misinterpretations made by the applicant in
the original application.
Default Controls
4.10
The Committee considers that the E&R Report correctly assigned default controls as
set out in the HSNO Regulations. These controls were used as the reference for
subsequent consideration of the application by the Committee. The default controls
are identified in section 7.4 of the E&R Report and are not reproduced here.
Identification and Assessment of the Potentially Non-negligible Risks, Costs
and Benefits of the Substance
4.11
The Committee identified potentially non-negligible risks, costs and benefits with
reference to clauses 9 and 11, which incorporate relevant material from sections 2, 5,
6, and 8.
4.12
Given the similarity of these proposed antifouling paints to products currently on the
market, the Committee acknowledges that the risks, costs and benefits of these Altex
products would be similar to currently approved copper-based antifoulants using
comparable co-biocide technology.
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Identification of Risks
4.13
A “risk” is defined in regulation 2 of the Methodology as “the combination of the
magnitude of an adverse effect and the probability of its occurrence”.
4.14
The Committee reviewed the identification of risks made by the applicant and
additional risks identified by ERMA New Zealand in section 7.6.7 of the E&R
Report.
4.15
A summary of the risks to human health and the environment is presented in the
table below. This includes a qualitative assessment of the resultant risk arising from
each activity as presented in the E&R Report and agreed by the Committee. The
level of risk was estimated assuming compliance with the proposed controls for the
management of the substance. The qualitative descriptors of risk as provided in this
decision are as defined in Appendix 5 of the E&R Report.
Lifecycle Activity and
associated source of risk
Level of risk with default controls in place
Human Health
Environment
With the controls in place, it is
considered that the risks to
workers and the general public
during the importation of these
substances are insignificant
With the controls in place, it is
considered that the risks to the
aquatic environment and to
terrestrial vertebrates during
the importation of these
substances are low
With the controls in place, it is
considered that the risks to
workers and the general public
during the manufacture of
these substances are low
With the controls in place, it is
considered that the risks to the
aquatic environment and to
terrestrial vertebrates during
the manufacture of these
substances are low
With the controls in place, it is
considered that the risks to
workers and the general public
during the transportation of
these substances are
insignificant
With the controls in place, it is
considered that the risks to the
aquatic environment and to
terrestrial vertebrates during
the transportation of these
substances are low
Importation
Risks from a spill/accident on
wharf
Potential for fire/explosion
Manufacture
Risks from exposure during
manufacturing process, from
spillage, or through discharge
to the environment
Potential for fire/explosion
Transport
Risks from a transport accident
resulting in spillage and/or
fire/explosion
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Lifecycle Activity and
associated source of risk
Level of risk with default controls in place
Human Health
Environment
With the controls in place, it is
considered that the risks to
workers and the general public
during the storage of these
substances are low
With the controls in place, it is
considered that the risks to the
aquatic environment and to
terrestrial vertebrates during
the storage of these substances
are low
(1) Risks during application of (1) With the controls in place, it
is considered that the risks to
paint (including paint
workers and the general public
spraydrift and spillage)
during application of these
(2) Risks to human health from
substances are low.
exposure to contaminants
(2) With the controls in place,
through food chain
it is considered that the risks to
(3) Environmental exposure
human health from exposure to
through leaching of biocides
contaminated seafood through
from hulls/marine structures
the food chain are
insignificant-low
(1) With the controls in place,
it is considered that the risks to
the aquatic environment during
the application of these
substances are low-medium.
Storage
Risks from damaged
packaging, or from spillage
during storage
Potential for fire/explosion
Use
(3) With the controls in place,
it is considered that the risks to
the aquatic environment during
leaching of the biocides from
hulls/marine structures are
medium-high.
Disposal
(1) Risks from incorrect
disposal of the substances,
their containers, wastes from
the manufacturing process,
contaminated material from the
clean-up of any spills.
(2) Risk of exposure /
contamination from cleaning
of vessel hulls.
(1) With the controls in place,
it is considered that the risks to
workers and the general public
from incorrect disposal of
these substances are low.
(2) With the controls in place,
it is considered that the risks to
workers and the general public
from exposure during the
cleaning of vessel hulls are
low.
(1) With the controls in place,
it is considered that the risks to
the aquatic environment and to
terrestrial vertebrates from
incorrect disposal of these
substances are low.
(2) With the controls in place,
it is considered that the risks to
the aquatic environment from
environmental contamination
resulting from the cleaning of
vessel hulls are medium-high.
4.16
Ngā Kaihautū Tikanga Taiao submitted an independent report to the Committee on
this application with respect to risks to Māori.
4.17
The Committee acknowledged that there are risks to Māori in relation to section 6(d)
and more broadly. The Committee acknowledged that the potential environmental
contamination of these substances (especially within small bays, marinas and other
confined water bodies), could impact on the continued availability, quantity and
quality of traditional food resources (mahinga kai). This would also have the
potential to adversely affect the mana of hapū/iwi if Māori are unable to gather
kaimoana for consumption for their whanau, hapū and manuhiri (visitors). In
addition, the inability of Maori to gather seafood may curtail access to their taonga,
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specifically the right to gain access to kaimoana within their tribal rohe (area) for
their economic and their social well being (as provided by sections 6(d) and 8).
4.18
The Committee considers that the other economic, social and community risks are
negligible.
Assessment of the Potentially Non-negligible Risks of the Substance
4.19
The Committee considered that the following risks were identified as potentially
non-negligible, thus warranting a more detailed assessment:

risk to human health from exposure to the substance at all lifecycle stages

risk of environmental contamination during importation, manufacture, transport
and storage as a result of spillage of the substance

risk of environmental contamination during the application of these substances

risks of environmental contamination resulting from leaching of the biocides
from hulls/marine structures

risk of environmental contamination from disposal of waste products from the
manufacturing process, disposal of empty paint containers and disposal of
surplus paint

risks of environmental contamination resulting from the cleaning/sanding of
vessel hulls

risks to Māori in relation to the environmental contamination which may impact
on the continued availability, quantity and quality of traditional food resources
(mahinga kai).
4.20
In assessing risk, the Committee gave particular consideration to risks arising from
the significant hazards of the substance (clause 11). The risks were considered in
terms of the requirements of clause 12, including the nature of the adverse effects
(clause 12(a)), an assessment of the risk as a combination of the probability and
magnitude (clause 12 (b) and (c)), the extent to which the risks would be mitigated
by controls (clause 12(d)) and consideration of any uncertainty (clause12(d)).
4.21
The evidence available was largely scientific in nature and was considered in terms
of clause 25(1). This evidence comprised that provided by the applicant and
additional evidence set out in the E&R Report.
Assessment of Potentially Non-negligible Risks to Human Health
4.22
With respect to human health risks, the hazardous properties of relevance are acute
toxicity (oral, dermal and inhalation as relevant for each range), skin and eye
irritation, skin sensitisation (not relevant for the WATERBASED RANGE), chronic
toxicity (mutagenicity, reproductive/developmental toxicity and target organ
systemic toxicity as relevant for each range). For the ABLATIVE, HARD and
ALLOY RANGES, there is also a physical human health threat from fire, due to the
flammability of the organic solvents (clause 12(a)).
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4.23
A detailed assessment of the human health risks at all lifecycle stages is provided in
section 7.6.7.1 of the E&R Report, and summarised in the table above.
4.24
With respect to worker exposure at all lifecycle stages, the Committee agrees with
the conclusion presented in the E&R Report that it is very unlikely-unlikely these
substances would cause adverse effects to human health with the proposed controls
in place (eg personal protective clothing, WESs, identification, packaging,
emergency management and disposal requirements). In the event of episodic
exposure, the Committee agreed that the magnitude of effects would be minormoderate although no long-term effects should result (clause 12(b)). Therefore, the
Committee considers that if appropriate controls are followed, the resultant risk to
workers/users of the substance at all stages of the substances’ lifecycle is
insignificant-low (clause 12(c)).
4.25
With respect to exposure of the general public to these substance (eg, via paint
spraydrift or via ingestion of contaminated seafood), the Committee agrees with the
conclusion presented in the E&R Report that it is very unlikely-unlikely these
substances would cause adverse effects to human health with the proposed controls
in place (eg HSNO TELs, MoH MRLs, identification, packaging, emergency
management and disposal requirements). In the event of episodic exposure, the
Committee agreed that the magnitude of effects would be minor-moderate although
no long-term effects should result (clause 12(b)). Therefore, the Committee
considers that if appropriate controls are followed, the resultant risk to the general
public at all stages of the substances’ lifecycle is insignificant-low (clause 12(c)).
4.26
However, the Committee recognises that the appropriate controls may not always be
followed and further acknowledges there are difficulties with respect to monitoring
and compliance in these areas (clause 12(d)).
Assessment of Potentially Non-negligible Risks to the Environment
4.27
With respect to environmental risks, the hazardous properties of relevance are very
ecotoxic in the aquatic environment, ecotoxic to terrestrial vertebrates. For the
ABLATIVE, HARD and ALLOY RANGES, there is also a physical human health
threat from fire, due to the flammability of the organic solvents (clause 12(a)).
4.28
Environmental contamination of these substances may cause the following adverse
effects on aquatic or terrestrial life:

Death of individual organisms

Effects on sensitive species

Loss of species in a particular ecosystem

Shift in species composition

Shortened life-span

Reproductive effects
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4.29

Changes in appearance and behaviour

Retarded growth
A detailed assessment of the potential environmental risks posed by these substances
is provided in section 7.6.7.2 of the E&R Report and summarised in the table above.
The Committee agrees with the conclusion that there are some lifecycle activities
where the substances present non-negligible risks to the environment.
Importation, Manufacture, Transportation and Storage
4.30
With respect to the importation, manufacture, transport and storage of these
substances, the Committee agrees with the conclusion presented in the E&R Report
that it is unlikely that these substances would cause adverse environmental effects
with the proposed controls in place (eg identification, packaging and emergency
management requirements). It is acknowledged that if there is an accident or a
breach of controls resulting in a spillage, employees and/or emergency workers
attending the spill should be trained in emergency management procedures to
contain the spill and prevent the substance contaminating large areas of ground or
entering waterways. In the event that the substance were to enter sensitive
environments, the magnitude of effects would be minor-moderate as there would be
the possibility of both acute and long term environmental effects, but the effect
should be relatively localised. (clause 12(b)). Therefore, the Committee considers
that the resultant risks to the environment during importation, manufacture, transport
and storage are low (clause 12(c)).
4.31
After consideration of the proposed controls aimed at preventing/mitigating adverse
environmental effects arising during the importation, manufacture, transport and
storage of these substances, the Committee considers that the risk to the environment
during these lifecycle stages can be well managed by controls (clause 12(d)).
Use
4.32
The E&R Report considered the primary sources of environmental contamination
arising from the use of these substances are:

the actual application of these substances to vessel hulls/marine structures
[Note that the cleaning/sanding of the hull to remove old paint is covered under
disposal]

the leaching of the biocides from vessel hulls/marine structures as a function of
their intended use
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Application of substance
4.33
As identified in the E&R Report (section 7.6.7.2, page 95), there is potential for
environmental contamination during the painting of vessels/marine structures from
paint spraydrift, or through direct spillage of the paint into the water, especially in
areas where there is a high concentration of boat maintenance activities carried out
within a defined location eg marinas, slipways and hardstands.
4.34
As discussed in the E&R Report, the Committee agrees that the likelihood of
adverse environmental effects occurring as a result of paint spraydrift or spillage of
paint during painting is possible. It is recognised that all boat owners may not
follow appropriate “best practice” with respect to preventing spraydrift and/or
spillage and it is also recognised that painting activities may be carried out in
unpredictable wind conditions. The Committee acknowledges that while the
volumes of paint used by a single operator are relatively small, there are cumulative
painting operations in areas such as marinas, slipways and hardstands. Therefore, in
such areas, the Committee considers that the (cumulative) magnitude of effects is
minor-moderate as there is the potential for both short term and long term adverse
effects (clause 12(b)). The resultant risk to the environment during the application
of these products is therefore considered to be low-medium (clause 12(c)).
4.35
However, it is recognised that there are several HSNO controls that, if complied
with, will help prevent risks to the environment during the application of antifouling
paints, eg control code E6 (requirements for equipment to handle substances), and
control code E1 (setting of environmental exposure limits (EELs)). In addition, the
Identification Regulations require information to be provided on the hazards of the
substance both on the label and in MSDS documentation, and ERMA New Zealand
are further recommending that an information sheet be provided with these products
containing information on “best practice” measures to increase user awareness and
promote safer handling and use (clause 12(d)).
4.36
The Committee also recognises that the HSNO approved handler control may be a
useful means of ensuring that boat painting activities are carried out in a manner that
reduces the level of environmental contamination. However, the majority of the
Committee considered that the practical implementation of an approved handler
control for these products would be problematic (clause 33). As discussed in the
E&R Report, it was therefore recommended that the approved handler control be
deleted and in its place, it was recommended that the following information should
be provided with these products:
4.37

an information sheet providing guidelines on the application, use and removal
of antifoulants in a manner that reduces the risks to the environment

an 0800 helpline number should be available at all times for boat owners to
obtain relevant information with respect to environmental management relating
to the application, use and removal of antifoulants.
It is noted that the minority view of the Committee was that the approved handler
control should be retained, although acknowledging some practical difficulties.
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4.38
The Committee also notes that a code of practice has been developed (ANZECC
Code of Practice for Antifouling and In-water Hull Cleaning and Maintenance)
which contains guidance on the application, use, removal and disposal of antifouling
paints. However, the Committee recognises that this code was developed primarily
from an Australian perspective and as such, is not fully relevant for New Zealand
situations. Therefore the Committee strongly encourages industry to develop an
ERMA New Zealand approved code of practice for the application and removal of
antifouling paints relevant to New Zealand, and to run awareness campaigns so that
boat owners will have a better knowledge and understanding of the potential (human
health and environmental) risks involved with such activities.
4.39
The Committee recognises that these recommendations are not enforceable controls,
and agrees with the applicant’s comment that these measures should be industry
funded ventures so as to provide consistency with all antifouling suppliers. The
Committee notes that these measures will be much less onerous than an approved
handler control but will contribute to increased operator awareness of the risks
involved with the use of antifoulants and actively promote “best practice”
procedures for boat owners.
4.40
With respect to professional operations particularly on larger vessels, the Committee
acknowledges that such operations should be covered by local resource consent
conditions and/or Regional Coastal Plans. It is considered that these requirements
should provide a similar level of environmental management intended to be
achieved by the approved handler controls. However, the Committee recognises that
not all Regional Councils consistently address environmental concerns arising from
the use of antifoulants.
4.41
After consideration of the proposed controls/recommendations aimed at
preventing/mitigating adverse environmental effects arising from painting
operations, the majority of the Committee considers that the risk to the environment
from this activity can be managed by controls (clause 12(d)). The minority of the
Committee considered that the environmental risks from application of antifoulants
could not be well managed by controls due to the potentially high degree of noncompliance.
Leaching of Biocides
4.42
As discussed in the E&R Report (section 7.6.7.2, page 95), these substances are
designed to deliberately leach (biocides) into the aquatic environment as a function
of their use to prevent the fouling of hulls. As a result it is very likely that there will
be some environmental contamination from leached biocides, especially in areas
where several vessels are moored together, eg inland bays and marinas.
4.43
The Committee agreed with the conclusion in the E&R Report that it is considered
likely that there will be some adverse environmental effects from the leaching of
biocides due to their high aquatic toxicity (and moderate terrestrial toxicity). In
addition, it is noted that a number of biocides used in these paints are persistent
and/or bioaccumulative (clauses 12(a) and (b) and clause 33). The Committee
agrees that the magnitude of effects caused by leaching biocides would be minor-
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moderate, as it is recognised there may be both acute and long term environmental
effects, especially in areas where several vessels are moored together in enclosed
environments, eg inland bays and marinas (clause 12(b)). Therefore, the resultant
risk to the environment from the leaching of biocides is considered to be mediumhigh (clause 12(c)).
4.44
With respect to the application of controls that may manage the risks to the
environment from the leaching of biocides, the Committee acknowledges that the
primary control relating to management of adverse effects from this route of
exposure is the setting of environmental exposure limits (EELs) (clause 12(d)). The
Committee notes that EELWATER values have been set for all the biocide actives.
However, one of the Committee members was concerned about the level of
monitoring and enforcement as it was recognised that EELs will be used as
benchmark values and will not be routinely monitored unless a particular concern
had been identified.
4.45
The Committee agreed that EELSEDIMENT values would not be set due to the
complexities of sediment chemistry with respect to the bioavailability of
contaminants to aquatic organisms, and to the practical considerations surrounding
enforcement. However, it is recognised that if the sediment-bound contaminants
partition back into the water phase (where they will be most bioavailable) the
EELWATER values will be relevant (Appendix 12 of the E&R Report contains a
detailed discussion on issues surrounding the setting of sediment EELs). In addition,
the Committee recognises that there are ANZECC sediment quality guideline values
available for several of the components (as described in Appendix 12 of the E&R
Report) which can be used by Regional Councils as trigger values to identify
potential problems with site-specific contamination.
4.46
The Committee acknowledges there are a number of uncertainties with respect to
defining the level of adverse effects that these substances may cause in the aquatic
environment (clause 12 (e)). Whether or not adverse effects are observed, and the
degree to which they occur depend on a number of factors such as the density of
treated boats in a given area, the amount of tidal movement (which influences
dilution), the partitioning of contaminants between environmental compartments and
the bioavailability of the contaminants. As discussed in the E&R Report, there is an
extremely complex relationship between the partitioning of contaminants between
water, sediment and biota which greatly impacts on the bioavailability and therefore
the toxicity of contaminants.
4.47
With respect to metals, eg copper, its bioavailablility (and therefore toxicity) in
aquatic sediments depends on the metal speciation, the type of sediment and the
physiology and food selection of the organisms. Sequestration of copper results in
the occurrence of various copper species, each with different levels of
bioavailability. It is also acknowledged that (most) aquatic organisms have some
ability to regulate the level of metals in their tissues through a variety of mechanisms
and store metals to non-toxic species. It is also noted that harbour sediments are
typically anoxic with a high content of sulphides which will bind to metal ions.
Therefore, copper will be expected to be relatively strongly sequestered in harbour
sediments and not as bioavailable to aquatic organisms. Most studies reviewed
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suggests that copper is not a highly mobile element in aquatic food webs and there
appears to be little evidence to support the general occurrence of biomagnification of
this metal within marine or freshwater food chains.
4.48
With respect to the co-biocides, their rate of partitioning depends primarily on the
physical characteristics of the substance (eg, sediment sorption coefficients).
Substances with high sorption coefficients tend to bind to sediment, whereas
substances with lower values are more likely to exist in the dissolved phase. Based
on their sorption coefficients, co-biocides A3, A9 are likely to exist in the dissolved
phase rather than adsorb onto sediment. Coupled with their relative persistence in
aqueous solutions, these two biocides are among those most commonly detected in
water samples collected from monitoring studies.
4.49
After consideration of the proposed controls aimed at preventing/mitigating adverse
environmental effects arising from the leaching of biocides, the Committee
considers that the residual risk to the environment from this process is not negligible
as it cannot always be managed by controls. In addition, the Committee
acknowledges there is a level of uncertainty with respect to the potential long-term
effects that these substances may have in the aquatic environment, especially to
specific New Zealand ecosystems (clause 12(d)).
Disposal
4.50
The E&R Report identified a number of disposal related activities as listed below:

disposal of waste products from the manufacturing process

disposal of empty paint containers

disposal of unwanted/surplus paint

the cleaning/sanding of vessel hulls (eg in preparation for repainting)
Disposal of waste products, empty paint containers and surplus paint
4.51
The Committee agrees with the conclusion of the E&R Report that it is considered
unlikely that these activities would cause adverse environmental effects if the
proposed controls are in place (eg following appropriate quality management
procedures and compliance with the HSNO Disposal Regulations). With respect to
the disposal of wastes from the manufacturing process, the Committee notes that the
manufacturing facility had appropriate procedures in place, ie the waste products are
collected in 209 L drums and collected by an approved recovery contractor. In the
event that there was a breach of controls during these activities resulting in the
substance entering sensitive environments, the Committee agrees that the magnitude
of effects would be minor-moderate as there would be the possibility for both acute
and long term environmental effects, although the effect should be relatively
localised (clause 12(b)). Therefore, the Committee considers the risk to the
environment from the disposal of waste products from the manufacturing process,
the disposal of empty containers and the disposal of unwanted/surplus paint is low
(clause 12(c)).
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4.52
After consideration of the proposed controls aimed at preventing/mitigating adverse
environmental effects arising from the disposal of waste products from the
manufacturing process, disposal of empty containers and the disposal of
unwanted/surplus paint, the Committee considers that the risk to the environment
from these activities can be well managed by controls (clause 12(d)).
Cleaning/Sanding of Hulls
4.53
As discussed in the E&R Report, the Committee agreed that the cleaning/sanding of
vessel hulls (eg in preparation for repainting) posed the most significant disposalrelated risk with respect to environmental contamination. The Committee agrees
with the conclusion of the E&R Report that it is considered likely that there will be
adverse environmental effects occurring as a result of such activities given there
does not appear to be consistent management of these effects under the Resource
Management Act with respect to boat maintenance activities carried out at marinas /
drydocks / slipways / hardstands (as shown by the high levels of contaminants
detected around such facilities as reported in Appendix 11 of the E&R Report). The
Committee considers that the magnitude of effects would be minor-moderate as
there would be the possibility for both acute and long term environmental effects,
although it is acknowledged that the effects may be relatively localised (clause 12(b)
and clause 33). Therefore, the Committee considers the risk to the environment
from sanding/water-blasting hulls for repainting, or the washing/cleaning of hulls is
medium-high (clause 12(c)).
4.54
With respect to the application of controls to help manage the risks to the
environment from vessel cleaning and re-painting operations, the Committee
acknowledges that the HSNO EEL control will be of relevance although it is
recognised that the issue of environmental contamination around marinas etc from
such activities may be more appropriately managed on a site-specific basis under the
RMA.
4.55
The Committee also recognises that the HSNO approved handler control may be a
useful means of ensuring that boat maintenance activities are carried out in a manner
that reduces the level of environmental contamination. However, as discussed in
paragraph 4.36, the majority of the Committee considered that the practical
implementation of an approved handler control for these products would be
problematic (clause 33). It was further recognized that boat owners may not always
know whether antifouling paint was used on their vessel and as such, it would be
difficult to determine when an approved handler would be required for boat
maintenance activities. The majority of the Committee therefore recommended that
the approved handler control be deleted with alternative provisions recommended as
discussed in paragraphs 4.36 – 4.40..
4.56
The Committee further notes that the Ministry of Fisheries are currently working on
proposed regulations under the Biosecurity Act [Biosecurity (Hull Cleaning)
Regulations]. These regulations are primarily aimed at minimising the Biosecurity
risk posed by the inadvertent transport of undesirable (exotic) aquatic organisms but
will also address the risks of environmental contamination from antifoulant
chemicals. The regulations will be supported by guidelines that will include
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requirements to manage the fate of fouling organisms and toxic antifoulant paints
when they are cleaned off vessels. The Ministry of Fisheries is working with the
Ministry for the Environment to produce these guidelines, which will include either
a voluntary or mandatory regime requiring that all vessel cleaning to be carried out
in a facility (slip or dock etc. The debris from the cleaning will be required to be
collected and directed into a collection sump where the solids will be separated off
and the liquid fraction filtered before being released back into the sea. Some
facilities will have a sump only and suction trucks will collect both the solids and
liquid waste for disposal at the landfill, in which case there is no discharge to the
sea. The filters are expected to take out particles down to about 100 or 50 microns
and as such, will not remove soluble pollutants very effectively. It is envisaged that
only international vessels will be required to be cleaned in such a facility, but there
is provision to extend the regulations to include all commercial craft. Alternatively,
awareness campaigns will be run to encourage vessel owners and cleaning operators
to collect as much of the debris as possible and to install collection and possible
filtration facilities if feasible.
4.57
After consideration of the proposed controls/recommendations aimed at
preventing/mitigating adverse environmental effects arising from boat maintenance
activities, the Committee considers that the residual risk to the environment from
these activities is not negligible as there does not currently appear to be consistent
compliance, monitoring or enforcement surrounding this activity (clause 12(d)).
Assessment of Potentially Non-negligible Risks to Māori
4.58
With respect to risks to Māori, these are primarily related to environmental
contamination that can potentially impact on the continued availability, quantity and
quality of traditional food resources (mahinga kai). This inability to gather seafood
for the whanau, hapū and manuhiri (vistors) may also adversely affect the mana of
hapū/iwi.
4.59
The primary risk to Māori is the potential environmental impact that these
substances may have on ecosystems that support mahinga kai. The environmental
risks that these substances pose are discussed in detail in earlier sections. In terms of
section 6(d) and 8, any such adverse effects will have particular significance for
Māori.
4.60
Although this is recognised as risk, the Committee acknowledges that a risk to Māori
food resources would also exist if there were no antifouling paints due to the
increased transportation of undesirable aquatic organisms that may compete with
native species (as discussed in paragraph 4.71).
International Status of selected Co-biocides
4.61
Three of the co-biocides used in the antifoulants covered by this application have
been either totally banned for use in antifoulants overseas, or have had restrictions
placed on their use such that they cannot be used by amateurs. A summary of their
status in various overseas countries is provided below:
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A3
Biocide review underway in the EU
UK: Revoked for use on all vessels
Denmark: Revoked for use on all vessels from 1/1/2000
USA: Approved for use (EPA)
Canada: Application pending
Australia: Approved for use (NRA)
A4
Biocide review underway in the EU
UK: Approved for use at levels below 4 % (w/w), BUT spray
application for amateur use revoked.
USA: Approved for use (EPA)
Canada: Application pending
Australia: Approved for use (NRA)
A9
Biocide review underway in the EU
UK: Revoked for use on all vessels
Denmark: Revoked for use on all vessels from 1/1/2000
Australia: Approved for use by NRA
Reasons for revocations/restrictions
4.62
Component A3 is banned for use on all vessels in UK and Denmark primarily due to
environmental concerns. A herbicide, this co-biocide is both extremely phytotoxic
and also persistent. It is a potent inhibitor of photosynthesis, and in some areas has
been shown to cause adverse effects to various species of sea-grass and also to the
microscopic plants (zooxanthellae) present in the tissues of corals. The
zooxanthellae are crucial to the growth and reproduction of their coral hosts.
However, it is noted that some studies suggest the inhibition of photosynthesis is
reversible once the co-biocide has been removed from the water.
4.63
Component A4 has not been banned for use in antifoulants in any country. However
the UK has placed a restriction on its use such that spray application by amateurs is
not permitted, and the maximum concentration permitted in any paint is 4%. From
the available information, it appears these restrictions were implemented because of
human health concerns [moderate acute toxicity (oral and inhalational) and
sensitisation effects].
4.64
Component A9 is banned for use on all vessels in UK and Denmark due to
environmental concerns similar to those evident with component A3, ie it is
extremely phytotoxic, persistent, is a potent inhibitor of photosynthesis and has been
shown to cause adverse effects on sea-grass and the microscopic plants present in
corals. There was also some concern about insufficient safety margins with regard
to operator exposure. The Committee noted that component A9 has moderate acute
oral toxicity and is also a 6.9A target organ systemic toxicant.
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Relevance to the New Zealand environment.
4.65
With respect to components A3 and A9, the Committee acknowledges that these cobiocides have been identified as causing environmental problems in specific
sensitive ecosystems overseas. It is noted that there is a lack of information both on
the levels of these co-biocides in the New Zealand environment, and on any long
term effects that these compounds may have to New Zealand ecosystems.
4.66
It is recognised that New Zealand’s coastal waters have a relatively higher level of
tidal movements compared to inland Europe, although it is acknowledged that this is
only one factor among many that will have an influence on potential environmental
effects.
Identification of Costs
4.67
A “cost” is defined in regulation 2 of the Methodology as “the value of a particular
adverse effect expressed in monetary or non-monetary terms”. The Methodology
and the Act both call for consideration of monetary and non-monetary costs (clause
13 and section 9).
4.68
The Committee reviewed the potential costs of the substance as identified in section
7.6.7 of the E&R Report. The Committee acknowledged the following potential
monetary costs of these substances, but noted that these costs are generic to all
copper-based antifouling paints using co-biocide technology:

Costs to human health: If people have been exposed to these substances (either
acutely or chronically) and subsequently suffer adverse effects, there may be
ongoing health and treatment costs, or in the case of serious injury,
rehabilitation costs, eg as the result of fire or explosion. In such cases, the costs
of the treatment/rehabilitation will depend on the severity of the injury and the
duration of recovery time.

Costs to the environment: In the event of an accidental release of large
quantities of these substances into the environment, eg in a spillage situation,
there will be costs incurred with the clean-up. The degree of cost will depend
on the amount of substance involved, the location of the spill and the extent of
any damage sustained.
In addition to the possibility of accidental environmental contamination, it is
recognised that these substances are designed to slowly release biocides into the
aquatic environment as a function of their use as antifouling paints. In addition, it is
noted that a number of biocides used in these paints are persistent and/or
bioaccumulative. As such, it is possible that there may be costs incurred with
implementing monitoring programmes around sensitive areas, and if it is determined
that the build-up of contaminants has reached an unacceptable level, there may be
costs involved with remediation.
Similarly, the cleaning/repainting of hulls is also a likely source of contamination
due to the paint debris/dust that is released into the environment during such
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activities. As a result, there may be costs incurred with respect to monitoring and/or
remediation of highly impacted sites
4.69
In addition to these monetary costs, the Committee identified that the adverse effects
described earlier in this decision each have a value or cost that was not able to be
expressed in monetary or other quantitative terms.
Identification of Benefits
4.70
A “benefit” is defined in regulation 2 of the Methodology as “the value of a
particular positive effect expressed in monetary or non-monetary terms”. Benefits
that may arise from any of the matters set out in clauses 9 and 11 were considered in
terms of clause 13.
4.71
With respect to antifoulants in general, the Committee identified a number benefits
(as provided in section 7.9 of the E&R Report). These include:

they prevent the fouling of hulls, which results in vessels having reduced
underwater resistance, and thus faster speeds and lower fuel consumption. This
results not only in direct cost savings to the user, but also has beneficial
environmental effects through the saving of fossil fuels (a fouled hull uses up to
40% more fuel than a clean hull) and reduced emissions of carbon dioxide,
sulphur dioxide and other greenhouse gases. It is estimated that, on average,
fuel consumption increase 6 % for every 100 µm increase in hull roughness
caused by fouling marine organisms (Wat. Res. 31, 2363, 1997).

they prevent mechanical damage to the hull (eg corrosion and possibly holing).
The prevention of hull fouling/damage subsequently reduces the frequency that
vessels require costly dry dockings to maintain their hulls.

they prevent the inadvertent transport of aquatic organisms between waterways
(both within New Zealand and internationally). The Committee notes that the
extent to which the use of antifoulants have prevented the introduction of
undesirable organisms into New Zealand is not known. However, it is noted
that several undesirable exotic marine fouling organisms have become
established in this country, probably as a result of hull fouling, eg

the Asian date mussel became established in the Auckland/ Hauraki Gulf
area, and excludes other organisms from their sea bed habitat by growing in
a mat-like form.

an encrusting tubeworm, Ficopomatus enigmatica, was introduced to New
Zealand in the 1960s, probably by hull fouling. Its extensive encrustations
extended to the cooling water intakes of the power station in Otara,
Auckland, resulting in closures of the plant and, eventually, the installation
of alternative cooling technologies

Undaria was first reported in New Zealand in 1987. This large brown
seaweed has spread from introductions in Wellington and Timaru by
hitchhiking on vessel hulls and marine farm equipment
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
4.72
Ciona intestinalis, a seasquirt from the North Atlantic, smothers mussel
lines and is causing nuisance to the aquaculture industry in the Marlborough
Sounds.

they increase the responsiveness and stability of the vessel, which in turn,
increases the safety of operation (a fouled hull increases the vessel’s weight
which causes the vessel to sit lower in the water, resulting in decreased
manoeuvrability and stability)

they provide for faster speeds for racing yachts
With respect to these proposed Altex products, the Committee considers that the
only “new” benefit they will introduce relates to the availability of another product
in the marketplace, which may lead to more product choice and potential price
benefits to end users. By virtue of the application, the Committee also concludes
that there are benefits to the applicant.
Assessment of the Potentially Non-negligible Costs and Benefits
4.73
The Methodology and the Act both call for consideration of monetary and nonmonetary costs (clause 13 and section 9). The monetary costs are discussed in
paragraph 4.68. The Committee was satisfied that that there are no other significant
costs that will result from the introduction of these Altex antifouling paints, other
than as described in paragraph 4.69.
4.74
The benefits are discussed in paragraphs 4.70 – 4.72. The Committee acknowledged
the antifoulants in general have many important benefits to both the environment
and to humans, both direct and directly. The benefits considered to be nonnegligible include:
4.75

economic benefits as a result of less expensive running costs, eg less hull
repairs, decreased fuel consumption, faster vessel speeds

environmental benefits through the saving of fossil fuels (a fouled hull uses up
to 40% more fuel than a clean hull) and reduced emissions of carbon dioxide,
sulphur dioxide and other greenhouse gases

environmental benefits from minimising the inadvertent transfer of aquatic
organisms between waterways. This applies both to internal waterways as well
as the potential introduction of exotic species from m international vessels.
The Committee was also satisfied that the ability of the applicant to enter the market
will give rise to associated benefits to the applicant, and could give benefits to the
user through the maintenance of a competitive market for such products.
Effects if the Substance were unavailable
4.76
It is recognised that there are a number of existing antifoulants currently available
that are of similar composition to these products. Therefore if these proposed
substances were not available, the primary impact would be to the applicant who
would not be able to market these products. Consumers may be affected to lesser
extent, through less product choice and (possibly) higher prices.
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4.77
However, if all antifouling paints were unavailable, there would be a number of
flow-on effects. All the benefits that antifouling products provide for would no
longer be realised (see Identification of Benefits section above). For example,
vessels would have increased maintenance costs and higher fuel consumptions
which have both economic and environmental impacts. There would also be an
increase in the transportation of marine organisms between waterways which may
cause devastating effects on local ecosystems. Conversely, if antifouling paints
were unavailable some of the risks incurred as a result of the use of antifouling
products will also be reduced, eg environmental contamination around marinas and
boatyards. Another possible effect if copper-based antifouling paints were
unavailable is that there may be increased impetus to develop/refine effective less
toxic antifouling technologies.
4.78
Because this application encompasses a range of existing products, the Committee
has had to consider the wider implications of approving or declining the range of
substances covered by this application.
Establishment of the Approach to Risk in the Light of Risk Characteristics
4.79
Clause 33 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.
4.80
With regard to clause 33, the Committee considers that the risks of these substances
are:
4.81

exposure is voluntary with respect to users of the substance, but involuntary
with respect to the general public

persistent over time, but should be localised

subject to uncontrolled spread, but it is acknowledged that the risk may not
occur beyond the immediate location.

the potential adverse effects will most likely be partially reversible, ie these
substances will be unlikely to permanently damage entire ecosystems

the risk is not known or well understood by the general public, although there
may be a high awareness amongst boat owners.
In the light of these risk characteristics, the Committee agreed to adopt a risk-averse
approach when considering this application, but also recognised there would be
several risks incurred if antifoulants were not available.
Variation of Controls under Section 77
4.82
Under section 77 of the Act, the default controls triggered for the substance may be
varied. Under section 77(3), controls may be substituted or added, under section
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77(4), controls may be substituted or deleted, and under section 77(5), where a
substance triggers more than one hazard classification, controls may be combined.
4.83
The variations to controls recommended for the three ABLATIVE RANGES, the
two HARD RANGES and the ALLOY RANGE have been grouped together as they
triggered an almost identical set of consolidated default controls despite the fact that
they triggered slightly different hazard classifications. However, where there are
differences between the ranges, these are identified and discussed as relevant.
4.84
As the WATERBASED RANGE triggered a significantly different set of controls to
the other six ranges (due to its lack of flammability), the variations to this range
were discussed separately.
4.85
Prior to the Committee’s consideration, the proposed variations to the default
controls as discussed in the E&R Report was provided to the applicant for comment.
The applicant provided feedback to ERMA New Zealand on the proposed variations
and the Committee took them into account in the decision-making process.
Therefore the provisions of clause 35(b) are effectively met.
4.86
The recommended variations to default controls are:
ABLATIVE, HARD and ALLOY RANGES
4.87
Control code T3 (HARD and ALLOY RANGES ONLY). This control was
triggered for these ranges as a result of a 6.8A or 6.9A classification as relevant and
specifies that a written record must be kept each time these substances are used. It
is noted that all seven antifouling ranges have also triggered control code E5 (as a
result of their 9.1A classification) which specifies that a written record must be kept
each time more than 3 kg of these substances are applied or discharged within 24
hours in an area where the substance may enter air or water. It is noted that the
components that activate control code T3 are present in the HARD and ALLOY
RANGES in low concentrations. Therefore the Committee agrees with the E&R
Report that control code T3 can be deleted as provided by section 77 (4)(a),
acknowledging that the equivalent requirement for keeping of records as specified
under control code E5 will still apply.
4.88
Control code E2. This control relates to the requirement to set an application rate for
any substance designed to be sprayed or applied to an area of land (or air or water).
As these substances are to be applied to a boat (or marine structure), the Committee
agrees that this regulation is not relevant and can therefore be deleted as provided by
section 77 (4).
4.89
Control code E7 and AH1. These controls relate to approved handler requirements
and were triggered as a result of the 9.1A hazard classification due to the high
aquatic toxicity of these substances. While it is acknowledged this control is an
effective management tool with respect to controlling adverse effects from spraying
ecotoxic agrichemical products, the majority of the Committee considered that the
practical implementation of an approved handler control for the use of these
products as paints would be problematic and should be deleted. It is also recognised
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that the intended release of the antifouling biocides into the environment from vessel
hulls (or marine structures) is beyond the point of control of the approved handler.
However, it is recognised that there is an issue of environmental contamination from
the use of antifoulants around marinas etc resulting from cleaning and re-painting
operations. Although is was acknowledged that this issue may be more
appropriately managed on a site-specific basis under the RMA, it was also
acknowledged that the training and education of boat owners with respect to the
environmental hazards of these products would be beneficial.
Due to the difficulties of implementation of approved handler requirements with
respect to amateur boat owners, it is considered that in place of this control, the
Committee recommend that the following information should be provided with these
products:

an information sheet providing guidelines on the application, use and removal
of antifoulants in a manner that reduces the risks to the environment

an 0800 helpline number should be available at all times for boat owners to
obtain relevant information with respect to environmental management relating
to the application, use and removal of antifoulants
The Committee also strongly encourage industry to develop an ERMA New Zealand
approved code of practice for the application and removal of antifouling paints
relevant to the New Zealand context, and to run awareness campaigns so that boat
owners will have a better knowledge and understanding of the potential (human
health and environmental) risks involved with such activities.
Professional operations particularly on larger vessels should be covered by local
resource consent conditions and/or Regional Coastal Plans. It is considered that
these requirements should provide the same level of environmental management
intended to be achieved by the approved handler controls.
It is therefore considered that the approved handler control be deleted for these
substances as provided by section 77(4)(b
4.90
Control code TR1. This control relates tracking requirements. The Committee
agreed with the E&R Report that for these substances, this requirement is
impractical after the point of retail sale. It is therefore considered that this control be
varied so that it does not apply after the point of retail sale as provided by section
77(4)(b).
4.91
The Committee agreed with the proposals in the E&R Report that the following
controls should be combined as provided for by section 77(5). The Committee’s
view was that the combined controls resulting from these combinations will control
all of the adverse effects identified for the substance.

Control codes F2, T7, E8. These controls relate to restrictions on the carriage
of hazardous substances on passenger service vehicles, and have been triggered
as a result of these substances flammable, toxic and ecotoxic properties [as
prescribed by Regulation 10 of the Hazardous Substances (Classes 6, 8, and 9
Environmental Risk Management Authority Decision: Application HSR02005
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Controls) Regulations 2001 and Regulation 8 of the Hazardous Substances
(Classes 1 to 5 Controls) Regulations 2001].
4.92

Control codes T4, E6. These controls prescribe requirements for equipment
used to handle hazardous substances, and have been triggered as a result of
these substances toxic and ecotoxic properties [as prescribed by Regulation 7 of
the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001].

Control codes I3, I5, I8 – Priority Identifiers for toxic, ecotoxic and flammable
substances [as prescribed by Regulations 9, 11 and 14 of the Hazardous
Substances (Identification) Regulations 2001].

Control codes I9, I11, I13, I16 – Secondary Identifiers for toxic, ecotoxic and
flammable substances [as prescribed by Regulations 18, 20, 22 and 25 of the
Hazardous Substances (Identification) Regulations 2001].

Control codes I23, I25, I28 – Specific Documentation Requirements for toxic,
ecotoxic and flammable substances [as prescribed by Regulations 41, 43, and
46 of the Hazardous Substances (Identification) Regulations 2001].

Control codes P3, P5, P13, P15, PG2, PG3 – Packaging Requirements for toxic,
ecotoxic and flammable substances [as prescribed by Regulations 9, 11, 19, 21,
and Schedules 2 and 3 of the Hazardous Substances (Packaging) Regulations
2001].

Control codes D2, D4, D5 – Disposal Requirements for toxic, ecotoxic and
flammable substances [as prescribed by Regulations 6, 8 and 9 of the
Hazardous Substances (Disposal) Regulations 2001].

Control codes EM1, EM4, EM6, EM7– Emergency Management Information
Requirements for toxic, ecotoxic and flammable substances [as prescribed by
Regulations 6, 7, 8(c), 8(e), 8(f), 9, 10 and 11 of the Hazardous Substances
(Emergency Management) Regulations 2001].
The Committee notes that Regulations 6, 7, 8(c), 8(e) and (f) of the Emergency
Management Regulations relate to trigger quantities for hazardous substances as
referenced in Schedule 1 of the Emergency Management Regulations. However, as
noted in the E&R Report, there was a printing error in these Regulations that
resulted in an incomplete Schedule 1 whereby the trigger quantities for toxic and
ecotoxic substances were accidentally omitted, although the trigger quantities for
flammable substances were included. For the ABLATIVE, HARD and ALLOY
RANGES, the trigger quantity for provision of Level 1 emergency management
information as driven by their 3.1C flammable classification is 1 L. However, the
trigger quantity that would be expected to apply to these substances if Schedule 1
was complete would be any amount (as driven by the 6.5B classification).
Due to this printing error, the trigger quantity activated for these substances as a
result of their toxic and/or ecotoxic properties cannot be set as an enforceable
control. However, the Committee strongly recommended that the appropriate
emergency management information be provided when supplying any quantity of
these substances. As the likely minimum container size for these products is 4 L, the
Committee acknowledges that the 1L enforceable trigger quantity would require
emergency management information to be provided on, or with, every container.
Environmental Risk Management Authority Decision: Application HSR02005
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WATERBASED RANGE
4.93
Control Code T5. This control relates to the use of protective clothing and
equipment. The Committee notes that this control was not triggered for the
WATERBASED RANGE (triggered in the other six ranges as a result of a 6.5B
classification – contact sensitisation). However, ERMA New Zealand notes that the
WATERBASED RANGE has other toxic classifications (6.1D, 6.3B, 6.4A, 6.8A
and 6.9B) and considers that control code T5 should be added to this range to
provide for better worker protection against both acute and chronic health effects
Therefore, as provided by section 77(3)(a), regulation 8 from the Hazardous
Substances (Classes 6, 8 and 9 Controls) Regulations has been added to the suite of
controls for the WATERBASED RANGE.
4.94
Control code T3. This control was triggered for these ranges as a result of a 6.8A
classification and specifies that a written record must be kept each time these
substances are used. It is noted that this range also triggered control code E5 (as a
result of its 9.1A classification) which specifies that a written record must be kept
each time more than 3 kg of these substances are applied or discharged within 24
hours in an area where the substance may enter air or water. It is noted that the
component that activated control code T3 is present in the WATERBASED
RANGES at a very low concentration. Therefore the Committee agrees with the
E&R Report that control code T3 can be deleted as provided by section 77 (4)(a),
acknowledging that the equivalent requirement for keeping of records as specified
under control code E5 will still apply.
4.95
Control code E2. This control relates to the requirement to set an application rate for
any substance designed to be sprayed or applied to an area of land (or air or water).
As these substances are to be applied to a boat (or marine structure), the Committee
agrees that this regulation is not relevant and can therefore be deleted as provided by
section 77 (4).
4.96
Control code E7 and AH1. These controls relate to approved handler requirements
and were triggered as a result of the 9.1A hazard classification due to the high
aquatic toxicity of these substances. While it is acknowledged this control is an
effective management tool with respect to controlling adverse effects from spraying
ecotoxic agrichemical products, the majority of the Committee considered that the
practical implementation of an approved handler control for the use of these
products as paints would be problematic and should be deleted. It is also recognised
that the intended release of the antifouling biocides into the environment from vessel
hulls (or marine structures) is beyond the point of control of the approved handler.
However, it is recognised that there is an issue of environmental contamination from
the use of antifoulants around marinas etc resulting from cleaning and re-painting
operations. Although is was acknowledged that this issue may be more
appropriately managed on a site-specific basis under the RMA, it was also
acknowledged that the training and education of boat owners with respect to the
environmental hazards of these products would be beneficial.
Environmental Risk Management Authority Decision: Application HSR02005
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Due to the difficulties of implementation of approved handler requirements with
respect to amateur boat owners, it is considered that in place of this control, the
Committee recommend that the following information should be provided with these
products:

an information sheet providing guidelines on the application, use and removal
of antifoulants in a manner that reduces the risks to the environment

an 0800 helpline number should be available at all times for boat owners to
obtain relevant information with respect to environmental management relating
to the application, use and removal of antifoulants
The Committee also strongly encourage industry to develop an ERMA New Zealand
approved code of practice for the application and removal of antifouling paints
relevant to the New Zealand context, and to run awareness campaigns so that boat
owners will have a better knowledge and understanding of the potential (human
health and environmental) risks involved with such activities.
Professional operations particularly on larger vessels should be covered by local
resource consent conditions and/or Regional Coastal Plans. It is considered that
these requirements should provide the same level of environmental management
intended to be achieved by the approved handler controls.
It is therefore considered that the approved handler control be deleted for these
substances as provided by section 77(4)(b
4.97
Control code TR1. This control relates to tracking requirements. The Committee
agreed with the E&R Report that for these substances, this requirement is
impractical after the point of retail sale. It is therefore considered that this control be
varied so that it does not apply after the point of retail sale as provided by section
77(4)(b).
4.98
The Committee agreed with the proposals in the E&R Report that the following
controls should be combined as provided for by section 77(5). The Committee’s
view was that the combined controls resulting from these combinations will control
all of the adverse effects identified for the substance.

Control codes T7, E8. These controls relate to restrictions on the carriage of
hazardous substances on passenger service vehicles, and have been triggered as
a result of these substances toxic and ecotoxic properties [as prescribed by
Regulation 10 of the Hazardous Substances (Classes 6, 8, and 9 Controls)
Regulations 2001].

Control codes T4, E6. These controls prescribe requirements for equipment
used to handle hazardous substances, and have been triggered as a result of
these substances toxic and ecotoxic properties [as prescribed by Regulation 7 of
the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001].
Environmental Risk Management Authority Decision: Application HSR02005
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4.99

Control codes I3, I8 – Priority Identifiers for toxic and ecotoxic substances [as
prescribed by Regulations 9 and 14 of the Hazardous Substances
(Identification) Regulations 2001].

Control codes I9, I11, I16 – Secondary Identifiers for toxic and ecotoxic
substances [as prescribed by Regulations 18, 20 and 25 of the Hazardous
Substances (Identification) Regulations 2001].

Control codes I23, I28 – Specific Documentation Requirements for toxic and
ecotoxic substances [as prescribed by Regulations 41 and 46 of the Hazardous
Substances (Identification) Regulations 2001].

Control codes P3, P13, P15, PG2, PG3 – Packaging Requirements for toxic and
ecotoxic substances [as prescribed by Regulations 9, 19, 21, and Schedules 2
and 3 of the Hazardous Substances (Packaging) Regulations 2001].

Control codes D4, D5 – Disposal Requirements for toxic and ecotoxic
substances [as prescribed by Regulations 8 and 9 of the Hazardous Substances
(Disposal) Regulations 2001].

Control codes EM1, EM6, EM7– Emergency Management Information
Requirements for toxic and ecotoxic substances [as prescribed by Regulations
6, 7, 8(e), 8(f), 9, 10 and 11 of the Hazardous Substances (Emergency
Management) Regulations 2001].
The Committee notes that Regulations 6, 7, 8(e) and (f) of the Emergency
Management Regulations relate to trigger quantities for hazardous substances as
referenced in Schedule 1 of the Emergency Management Regulations. However, as
noted in the E&R Report, there was a printing error in these Regulations that
resulted in an incomplete Schedule 1 whereby the trigger quantities for toxic and
ecotoxic substances were accidentally omitted. For the WATERBASED RANGE,
the trigger quantity that would be expected to apply would be 0.1L (as driven by the
9.1A, 6.1D and 6.4A classifications). Due to this printing error, this trigger quantity
cannot be set as an enforceable control. However, the Committee strongly
recommends that the applicant provide the appropriate emergency management
information on the label or in some other accessible form when these substances are
supplied in quantities greater than or equal to 0.1L. As the likely minimum
container size for these products is 4 L, the Committee recommends that emergency
management information be provided on, or with, every container.
Environmental User Charges
4.100
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.
Overall Evaluation of Risks, Costs and Benefits
4.101
With respect to the non-negligible risks identified in paragraph 4.19, the Committee
considers that some of these can be well managed by controls but considers that
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others are not as easily managed by controls. In addition, the Committee notes that
there is degree of uncertainty involved due to the lack of data on the levels of these
co-biocides in the New Zealand environment and a lack of information surrounding
the long-term environmental risks that these substances may pose. Therefore, the
Committee consider that these residual risks are not negligible and therefore the
decision-making process will follow clause 27 of the methodology.
4.102
The overall evaluation of risks, costs and benefits was carried out having regard to
clauses 22 and 34 and in accordance with the tests in clause 27 and section 29.
Risks and costs were evaluated taking account of all proposed controls including
default controls plus proposed variations to the controls.
4.103
Clause 34 sets out the approaches available to the Authority in evaluating the
combined impact of risks costs and benefits ie weighing up risks, costs and benefits.
4.104
While some of the risks, costs and benefits are potentially able to be quantified in
monetary terms, the Committee does not have the information on which it can do
this, and doubts that such information could be readily obtained in a manner that is
both comprehensive and capable of being combined in a meaningful manner.
Further, the Committee recognises that the value of many of the other risks
discussed above cannot be expressed in monetary terms or other common units of
measurement.
4.105
Therefore, in terms of clause 34, the Committee has grouped the risks in accordance
with their significance as an aid to qualitative evaluation.
4.106
The majority of the Committee considers that the following non negligible risks can
be well managed by controls (eg, personal protective equipment, TELs, WESs,
MRLs, identification, packaging, emergency management and disposal
requirements).
4.107

risk to human health from exposure to the substance at all lifecycle stages

risk of environmental contamination during importation, manufacture, transport
and storage as a result of spillage of the substance

risk of environmental contamination during the application of these substances

risks to the environment from disposal of waste products from the
manufacturing process, disposal of empty paint containers and disposal of
surplus paint

risks to Māori in relation to the above
However, the Committee acknowledges there may be non-compliance with controls
with any of the above activities and consider that potential for non-compliance is
especially likely with respect to bullet points 1, 3 and 4. In the event of noncompliance, the Committee notes that the risks to both human health and the
environment will be appreciably higher.
Environmental Risk Management Authority Decision: Application HSR02005
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4.108
The minority view was that the risks to human health and the environment during
application of the substances, and to Maori in relation to these, would not be
adequately managed by controls.
4.109
The Committee considers that the following non negligible risks are more significant
in that they cannot always be well managed by controls.

risks of environmental contamination resulting from leaching of the biocides
from hulls/marine structures

risks of environmental contamination resulting from the cleaning/sanding of
vessel hulls

risks to Māori in relation to the above
4.110
Of these risks, the Committee considers that the more significant risks relate to the
ecological effects arising from the cleaning of treated hulls and from the leaching of
biocides in circumstances where there is a high concentration of treated hulls in an
area. These risks (and their associated costs) were dominant in the Committee’s
evaluation.
4.111
With respect to risks to Māori, the Committee acknowledges that a similar risk to
Māori food resources would exist if there were no antifouling paints due to the
increased transportation of undesirable aquatic organisms that may compete with
native species.
4.112
The Committee recognises that none of these risk, costs and benefits are novel to
these particular substances. They apply similarly to other antifoulants that are
currently available in the market. Indeed, the Committee recognised that if it were
to approve this application, the controls imposed could be expected to apply to many
existing and future products as well either because they are encompassed by the
specification of these proposed products or because the controls on this approval
would strongly influence the controls applied to other antifouling paints when they
are later transferred to the HSNO regime under section 160.
4.113
Similarly, the Committee had regard to the implications should these substances not
be available (as discussed in paragraphs 4.76 – 4.78).
4.114
In reaching its decision, the Committee gave regard to whether the proposed
variations to the controls were appropriate, giving particular consideration to the
proposed deletion of the approved handler control. The minority of the Committee
felt that this control should be retained as it would provide a legislative means of
enhancing compliance. However, the majority of the Committee considered that due
to the impracticalities of implementation, this control should be deleted but strongly
recommends that the alternative provisions described in paragraphs 4.89 and 4.96 be
implemented.
4.115
The Committee also looked at the relative hazards of the various biocides with the
aim of “ranking” them in order to consider whether the balance of risks, costs and
benefits could be separately weighed for each biocide, which in turn might limit the
scope of the approval or lead to different controls, However, given the lack of
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definitive data on the long-term effects of the biocides, especially with respect to the
New Zealand environment, the Committee was unable to identify any particular
biocide(s) as being more hazardous than the others and was therefore unable to
discriminate between parts of the application on this basis.
4.116
Taking all these factors into account, the majority of the Committee concluded that
in terms of section 29, the positive effects of these proposed substances (which are
benefits that relate similarly to many current antifoulants) outweigh the risk of
adverse effects (which are risks applying similarly to many current antifoulants).
4.117
However, the minority of the Committee concluded that in terms of section 29, the
positive effects of these proposed substances did not outweigh the risk of adverse
effects.
5
Decision
5.1
Pursuant to section 29 of the Act, the Committee has considered this application to
import a hazardous substance made under section 28 of the Act.
5.2
Having considered all the possible effects of the hazardous substance in accordance
with section 29 of the Act, pursuant to clause 27 of the Methodology, based on
consideration and analysis of the information provided, and taking into account the
application of controls, the majority of the Committee considers that the positive
effects associated with these substances outweigh the adverse effects.
5.3
This is a majority decision, and the minority of the Committee considers that the
positive effects associated with these substances do not outweigh the adverse effects.
5.4
In accordance with clause 36(2)(b) of the Methodology the Committee records that,
in reaching this conclusion, it has applied the balancing tests in section 29 of the Act
and clause 27 of the Methodology.
5.5
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 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.
Environmental Risk Management Authority Decision: Application HSR02005
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5.6
The application for the importation and manufacture of the seven Altex antifouling
ranges is thus approved with controls by majority decision. The controls for each of
the ranges are provided in Appendix 1.
Mrs Jill White
Date:
Chair, Hazardous Substances Committee
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APPENDIX 1 – Controls Applying to the Substances
The proposed controls for the three ABLATIVE RANGES, the two HARD RANGES and the
ALLOY RANGE have been grouped together as they triggered an almost identical set of
consolidated default controls. Where there are differences between the ranges (eg the setting
of EELs, TELs and WESs for specific components) these have been identified as relevant.
The proposed controls for the WATERBASED RANGE has been provided as a separate
table as this range triggered a significantly different set of controls from the other six ranges
due to its lack of flammability.
CONTROLS FOR THE ABLATIVE A, ABLATIVE A1, ABLATIVE B,
HARD A, HARD B and ALLOY ANTIFOULING RANGES
Control
Regulation2
Code1
Explanation3
Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 – Flammable Property Controls
F1
Regulation 7
General test certification requirements
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 3 years.
(see substitute controls at the end of the flammable section)
F3
Regulation 55
General limits on flammable substances
There is a requirement that when flammable substances are present at a
place for longer than a specified time, 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).
The ABLATIVE, HARD and ALLOY RANGES must be held at a
hazardous substances location if they are present for more than 18
hours in quantities exceeding:
100 L (closed container)
25 L (decanting)
5L (open occasionally)
1
Note: The numbering system used in this column relates to the coding system used in the ERMA New
Zealand Controls Matrix. This links the hazard classification categories to the regulatory controls triggered
by each category. It is available from ERMA New Zealand and is also contained in the ERMA New
Zealand User Guide to the Controls Regulation.
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.
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Control
Regulation2
Code1
Explanation3
1 L (if in open container for continual use)
(see substitute controls at the end of the flammable section)
F5
Regulations
58-59
Requirements regarding hazardous atmosphere zones for
flammable liquids
There is a requirement to establish a hazardous atmosphere zone
wherever certain flammable 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].
The ABLATIVE, HARD and ALLOY RANGES must be held at a
hazardous substances location if they are present for more than 18
hours in quantities exceeding:
100 L (closed container)
25 L (decanting)
5L (open occasionally)
1 L (if in open container for continual use)
(see substitute controls at the end of the flammable section)
F6
Regulations
60-70
Requirements to prevent unintended ignition of flammable liquids
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:
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Control
Regulation2
Code1
Explanation3
(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
2.1.1, 2.1.2 or 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 [Regulation 60(2)].
(see substitute controls at the end of the flammable section)
F11
Regulation 76
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. 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).
Substances listed as being incompatible with ABLATIVE, HARD and
ALLOY RANGES (3.1C flammable liquids) are:

all class 1, 2, 4, and 5 substances

class 3.2 substances
(see substitute controls at the end of the flammable section)
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
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Control
Regulation2
Code1
Explanation3

where relevant, ensure that the substances will be under the
control of an approved handler and that any container/building
used to hold the substances is secured

ensure that any test certification requirements are met

ensure that a site plan is available for inspection

where required, establish and manage a hazardous atmosphere
zone
A number of controls are prescribed for hazardous substance locations
in order to reduce the likelihood of unintended ignition of class 2, 3 or
4 substances [Regulation 78], including:

requirements for fire resistant walls (240/240/240 minutes) and
separation distances (greater than 3 m) to isolate any ignition
sources

safety requirements for electrical equipment (construction,
design, earthing)

requirements for segregation of incompatible substances
The ABLATIVE, HARD and ALLOY RANGES must be held at a
hazardous substances location if they are present for more than 18
hours in quantities exceeding:
100 L (closed container)
25 L (decanting)
5L (open occasionally)
1 L (if in open container for continual use)
(see substitute controls at the end of the flammable section)
F14
Regulation 81
Test certification requirements for facilities where class 3.1
substances are present
There is a test certification requirement when class 2.1.1, 2.1.2 or 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
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Control
Regulation2
Code1
Explanation3

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
The ABLATIVE, HARD and ALLOY RANGES must be held at a
hazardous substances location if they are present for more than 18
hours in quantities exceeding:
100 L (closed container)
25 L (decanting)
5L (open occasionally)
1 L (if in open container for continual use)
(see substitute controls at the end of the flammable section)
F16
Regulation 83
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
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Control
Regulation2
Code1
Explanation3

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
The ABLATIVE, HARD and ALLOY RANGES must be held at a
hazardous substances location if they are present for more than 18
hours in quantities exceeding 100 L (closed container)
(see substitute controls at the end of the flammable section)
F17
Regulations
84-85
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

to prevent people being exposed to harmful levels of heat
radiation.
Regulation 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 [Regulation
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 Regulation 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
exceeds the level specified in Regulation 84 (1)(b)

there is appropriate signage around the perimeter of the zone
warning that combustion is occurring and prohibiting entry into
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the zone.
For those situations where the level of heat radiation within a
combustion zone may exceed the level specified in Regulation 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 [Regulation 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 Regulation 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.
Substitute Controls for Flammable Properties
ERMA New Zealand notes that during the transitional period, some premises may be subject to
two compliance regimes, eg a test certificate will be required for new substances under HSNO
but there may be other substances at the same site that require a dangerous goods license.
ERMA New Zealand considers it is more sensible to have a single regime at any one site.
Accordingly, it is considered that if the facility is currently subject to the 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 DG regulations will apply in
place of the HSNO Hazardous Substances (Classes 1 to 5 Controls) Regulations for flammable
substances (control codes F1-F17) until the class three flammable liquids are deemed assessed
and approved by regulations under section 160(1)(a) of the HSNO Act.
In addition, ERMA New Zealand notes that until such time as the HSNO Bulk Storage Tank
Regulations come into force, the provisions of the Dangerous Goods regulations relating to the
storage of flammable liquids in bulk must be complied with.
Flammable Property Controls, Toxic Property Controls and Ecotoxic Property Controls
F2, T7,
E8
Restrictions on the carriage of hazardous substances on passenger
service vehicles
In order to limit the potential for public exposure to hazardous
substances, the maximum quantity of the ABLATIVE, HARD and
ALLOY RANGES permitted to be carried on passenger service
vehicles is 5 L (as provided by their ecotoxic properties). This is a
practicable volume that would allow a person to carry a 4 L tin of paint
on public transport.
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[as prescribed by Regulation 10 of the Hazardous Substances (Classes
6, 8, and 9 Controls) Regulations 2001]
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Toxic Property
Controls
T1
Regulations
11 – 27
Limiting exposure to toxic substances through setting of TELs
This control relates to limiting public exposure to toxic substances
through the setting of tolerable exposure limits (TELs). A TEL
represents the maximum allowable concentration of a substance legally
allowable in a particular environmental medium. TEL values are
established by the Authority and are enforceable controls under the
HSNO Act.
TELs have been set for the following components as relevant for each of
the ranges:
T2
Regulations
29, 30
Thiram
TELAIR of 0.002 mg/m3 [ABLATIVE A ONLY]
Diuron
TELWATER of 0.02 mg/L [ALLOY ONLY]
Xylene
TELAIR of 0.87 mg/m3, and
TELWATER of 0.6 mg/L
[ABLATIVE A, A1 and ALLOY RANGES ONLY]
Controlling exposure in places of work through setting of WESs
A workplace exposure standard (WES) is designed to protect persons
in the workplace from the adverse effects of toxic substances. A WES
is an airborne concentration of a substance (expressed as mg
substance/m3 of air or ppm in air), which must not be exceeded in a
workplace and only apply to places of work that the public does not
have access to.
The following OSH WESs have been adopted for specific components
as relevant for each of the ranges: All are WES-TWAs except for nbutanol which is a WES-Ceiling.
Copper mists and dusts
1 mg/m3 [ALL SIX RANGES]
Aromatic 150
525 mg/m3 (100 ppm)
[ABLATIVE B and HARD A ONLY]
n-butanol
150 mg/m3 (50 ppm)
[ABLATIVE A, A1, B and ALLOY ONLY
xylene
217 mg/m3 (50 ppm)
[ABLATIVE A, A1 and ALLOY ONLY]
Shellsol A
525 mg/m3 (100 ppm)
[HARD B ONLY]
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T4, E6
Regulation 7
Requirements for equipment used to handle substances
Any equipment used to handle these substances 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.
T5
Regulation 8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when these
substances 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/equipment may be used, and the requirements for
maintaining the clothing/equipment.
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Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls Controls
E1
Regulations
Limiting exposure to ecotoxic substances through setting of EELs
32-45
This control relates to the setting of environmental exposure limits
(EELs). An EEL establishes the maximum concentration of an ecotoxic
substance legally allowable in a particular environmental medium.
The following EELWATER values have been proposed for the following
components as relevant for each of the ranges:
Component
Proposed EELWATER
(mg/L)
(µg/L)
Copper
freshwater
marine
0.0014
0.0013
1.4
1.3
ALL SIX
RANGES
Tolyfluanid
0.00006
0.06
ABLATIVE A1
and HARD B
ONLY
Irgarol
0.000024
0.024
ABLATIVE A1,
B and HARD A
ONLY
Zinc
freshwater
marine
0.008
0.015
8
15
ABLATIVE A,
A1, B and
ALLOY ONLY
Thiram
0.00001
0.01
ABLATIVE A1
ONLY
Octhilinone
0.00009
0.09
ABLATIVE A1
and HARD B
ONLY
Diuron
freshwater
marine
0.0002
0.0018
0.2
1.8
ALLOY ONLY
The requirement to set EELSEDIMENT values has been deleted as
provided by section 77 (4)(b)
E5
Regulations
5(2), 6
Requirements for keeping records of use
A person using these substances must keep a written record of that use
if 3 kg 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
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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.
Hazardous Substances (Identification) Regulations 2001
I1
Regulations
6, 7, 32-35,
36 (1)-(7)
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 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 (Regulation 32), and the secondary
identifier information available within 10 seconds (Regulation 33).
Suppliers must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class that it
does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of any hazardous substance must ensure it is labelled
with all relevant priority identifier information (as required by 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 (Regulation 32), and the secondary
identifier information available within 10 seconds (Regulation 33).
Persons in charge must also ensure that no information is supplied with
the substance (or its packaging) that suggests it belongs to a class that
it does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by 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
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I3, I5, I8
I9, I11,
I13, I16
Regulations
9, 11, 14
Regulations
18, 20, 22, 25
Explanation3
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

any information provided must be in a durable format ie 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, flammable and toxic substances
As provided by section 77(5) of the Act, the priority identifiers for
ecotoxic, flammable and toxic substances have been combined. This
information must be available to any person handling the substance
within 2 seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label. The
following information is required for these substances:

an indication that the substance is a liquid

information on its general degree of flammability (eg highly
flammable)

a prominent indication that the substance is toxic, and information
on the general degree and type of toxicity eg sensitiser

a prominent indication that the substance is ecotoxic
Secondary identifiers for ecotoxic, flammable and toxic substances
As provided by section 77(5) of the Act, the secondary identifiers for
ecotoxic, flammable and toxic substances have been combined.
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 for these substances:

an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it

enough information to enable its New Zealand importer, supplier,
or manufacturer to be contacted, either in person or by telephone
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
in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, a description of each likely change and the date by
which it is likely to occur.

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

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 ecotoxic hazard (eg
very toxic to aquatic life)

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 either a class 6.1A, 6.1B, 6.1C, 6.5, 6.6, 6.7, 6.8 or
6.9
For these six ranges, the name and concentration of the following
components must be provided on the label as relevant:
Tolylfluanid
[ABLATIVE A1 and HARD B ONLY]
Irgarol
[ABLATIVE A1, B and HARD A ONLY]
Zinc pyrithione [ABLATIVE A1 ONLY]
Thiram
[ABLATIVE A ONLY]
Octhilinone
[ABLATIVE A1 and HARD B ONLY]
Diuron
[ALLOY ONLY]
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Gum Rosin
[ABLATIVE A, A1 and ALLOY ONLY]
dibutylphthalate [HARD A ONLY]
methyl ethyl ketoxime [HARD A ONLY]
Aromatic 150 [ABLATIVE B and HARD A ONLY]
n-butanol
[ABLATIVE A, A1, B and ALLOY ONLY]
xylene
[ABLATIVE A, A1 and ALLOY ONLY]
Shellsol A
[HARD B ONLY]

the name of any ingredient that would, independently of any other
ingredient, cause the substance to be classified as a 6.1D. In
addition, the concentration of the ingredient that would contribute
the most to that classification must be provided.
For these six ranges, the name and concentration of the following
component must be provided on the label as relevant:
Copper oxide
[ABLATIVE A, A1 and B, HARD A and B]
Copper thiocyanate
[ALLOY ONLY]
The name of the following component must be provided on the
label as relevant:
Copper pyrithione
[ABLATIVE A1 ONLY]
I17
Regulation
26
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 either 6.1A, 6.1B, 6.1C, 6.1D, 6.5, 6.6, 6.7, 6.8, 6.9, 8.2 or
8.3].
I18
Regulation
27
Use of 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 6.1A, 6.1B, 6.1C, 6.1D, 6.5, 6.6, 6.7, 6.8, 6.9, 8.2 or
8.3].
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I19
Alternative information in certain cases
Regulations
29-31
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 – 25
when substances are 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 either 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 hazardous substances
are 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
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 – Alternative information when substances are imported
This regulation 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 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
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of the Land Transport Rule 45001.
I20
Regulation
36(8)
Durability of information for class 6.1 substances
Any packaging in direct contact with these substances must be
permanently identified as having contained a toxic substance, unless
the substance as packaged is restricted to a place of work.
I21
Regulations
37–39, 47–50
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to provision of documentation (essentially
Material Safety Data Sheets) (Regulations 37, 38 and 50); the general
content requirements of the documentation (Regulations 39 and 47);
the accessibility and presentation of the required documentation with
respect to comprehensibility and clarity (Regulation 48).
These controls are triggered when substances of specific hazard
classifications are held in the workplace in quantities equal to or
greater than the levels as specified in Schedule 2 of the Identification
Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
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 equal to or
greater than the levels 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 equal to or greater than those specified in
regulation 38 (and with reference to Schedule 2 of the Identification
Regulations), must ensure that every person handling the substance has
access to the documentation containing all relevant information
required by regulations 39 – 46. The person in charge must also
ensure that the documentation does not contain any information that
suggests that the substance belongs to a hazard classification it does
not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with a hazardous substance must include
the following information:

the unequivocal identity of the substance (eg the CAS number,
chemical name, common name, UN number, registered trade
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name(s))

a description of the physical state, colour and odour of the
substance

if the substance’s physical state may alter over the expected range
of workplace temperatures, the documentation must include a
description of the temperatures at which the changes in physical
state may occur and the nature of those changes.

in the case of a substance that, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, the documentation must include a description of
each likely change and the date by which it is likely to occur

contact details for the New Zealand supplier/manufacturer/
importer

all emergency management and disposal information required for
the substance

the date on which the documentation was prepared

the name, concentration and CAS number 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.
For these six ranges, the name, concentration and CAS number of
the following components (as relevant) must be provided in the
documentation supplied with the substances
Tolylfluanid
[ABLATIVE A1 and HARD B ONLY]
Irgarol
[ABLATIVE A1, B and HARD A ONLY]
Zinc pyrithione [ABLATIVE A1 ONLY]
Thiram
[ABLATIVE A ONLY]
Octhilinone
[ABLATIVE A1 and HARD B ONLY]
Diuron
[ALLOY ONLY]
Gum Rosin
[ABLATIVE A, A1 and ALLOY ONLY]
dibutylphthalate [HARD A ONLY]
methyl ethyl ketoxime [HARD A ONLY]
Aromatic 150 [ABLATIVE B and HARD A ONLY]
n-butanol
[ABLATIVE A, A1, B and ALLOY ONLY]
xylene
[ABLATIVE A, A1 and ALLOY ONLY]
Shellsol A
[HARD B ONLY]
Regulation 47 – Information not included in approval
This regulation relates to the provision of specific documentation
information (eg as provided on an MSDS). If information required by
regulations 39 to 46 was not included in the information used for the
approval of the substance by the Authority, it is sufficient compliance
with those regulations if reference is made to that information
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requirement along with a comment indicating that such information is
not applicable to that substance.
Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling the
substance in a place of work within 10 minutes. The documentation
must be readily understandable by any fully-trained worker required to
have access to it and must be easily read, under normal lighting
conditions, at a distance of not less than 0.3m.
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.
For the three ABLATIVE RANGES, the trigger quantity for provision
of this documentation is 1L (driven by the 6.1D, 6.5B, 6.6B, 6.8B or
6.9B classifications as relevant).
For both HARD RANGES, the trigger quantity for provision of this
documentation is 0.1L (driven by the 6.8A classification).
For the ALLOY RANGE, the trigger quantity for provision of this
documentation is 0.1L (driven by the 6.9A classification).
I23, I25,
I28
Regulations
41, 43, 46
Specific documentation requirements for ecotoxic, flammable and
toxic substances
As provided by section 77(5) of the Act, the specific documentation
requirements for ecotoxic, flammable and toxic substances have been
combined.
This information must be accessible within 10 minutes (Regulation
48). The following information is required for these substances:





its general degree and type of (flammable) hazard
a full description of the circumstances in which it may be ignited
unintentionally
the likely effect of an unintentional ignition
a full description of the steps to be taken to prevent an
unintentional ignition
its lower and upper explosive limits, expressed as volume
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percentages in air or its flash point (and flash point methodology)
and auto-ignition temperature.

its general degree and type of ecotoxic hazard (eg highly ecotoxic
in the aquatic environment)

a full description of the circumstances in which it may harm living
organisms and the extent of that harm

a full description of the steps to be taken to prevent harm to living
organisms

a summary of the available acute and chronic (ecotox) data used to
define the (ecotox) subclass or subclasses in which it is classified

its bio-concentration factor or octanol-water partition coefficient

its expected soil or water degradation rate










any EELs set by the Authority
its general degree and type of 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 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
For the three ABLATIVE RANGES, the trigger quantity for provision
of this documentation is 1L (driven by the 6.1D, 6.5B, 6.6B, 6.8B or
6.9B classifications as relevant).
For both HARD RANGES, the trigger quantity for provision of this
documentation is 0.1L (driven by the 6.8A classification).
For the ALLOY RANGE, the trigger quantity for provision of this
documentation is 0.1L (driven by the 6.9A classification).
I29
Regulations
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 hazardous
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Code1
Explanation3
substances are held in quantities exceeding the amounts specified in
Schedule 3 of the Identification Regulations. Where a substance
triggers more than one hazard classification, the most stringent
quantity generally 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)

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).
The trigger quantity for these substances 100 L, driven by the 9.1A
classification.
I30
Regulation 53
Advertising toxic substances
Any advertisement for these substances must include information that
identifies the substance is toxic, specifies the general degree and type
of hazard and the need to restrict access by children.
Hazardous Substances (Packaging) Regulations 2001
P1
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
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Code1
Explanation3
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 1, 2 or 3
(Packaging Regulations) respectively, and

the design of the packaging has been test certified as complying
with those tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing 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.
P3, P5,
P13,
P15,
PG2
Regulations 9,
11, 19, 21
Schedule 2
Specific packaging requirements
As provided by section 77(5) of the Act, the packaging requirements
for these substances have been combined as follows, taking into
account their ecotoxic, flammable and toxic properties.

these substances must be packaged according to Schedule 3
(UNPGIII) when in quantities exceeding 0.1 L, but may be
packaged according to Schedule 4 when in quantities of less than
0.1 L (per package).

packages less than 2.5 L must be in child resistant packaging
unless they are to be used in a place of work to which children do
not have access.
Hazardous Substances (Disposal) Regulations 2001
D2, D4,
D5
Regulations
6, 8, 9
Disposal requirements
As provided by section 77(5), the disposal requirements for toxic,
ecotoxic and flammable substances have been combined. These
substances must be disposed of by:
 treating the substance so that it is no longer a hazardous substance.

exporting the substance from New Zealand as a hazardous waste
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Explanation3


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 TELs or
EELs
treatment includes discharge into the environment as waste, or
depositing in a landfill, provided the discharge location is
managed so that

the substance will not at any time come into contact with
any substances with explosive or oxidising properties, and

there is no ignition source in the vicinity of the disposal site,
and

in the event of an accidental fire, harm to people or the
environment does not occur – the performance requirements
for this are set out in regulation 6 (3)(b) of the Disposal
Regulations, and

after reasonable mixing, the concentration of the substance
in any part of the environment outside the mixing zone does
not exceed any TELs or 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
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Explanation3
D6
Regulation 10
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. In addition, the manner of
disposal must take into account the material that the package is
manufactured from.
D7
Regulations
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 a hazardous substance that exceeds the
trigger levels as specified in Schedule 1 of the Disposal Regulations.
Where a substance triggers more than one hazard classification, the
most stringent quantity generally applies.
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 as described in Regs 34-36 of
the Identification regulations (code I1).
For the ABLATIVE, HARD and ALLOY RANGES, disposal
information must be provided with any amount of these substances
(driven by 6.5B, 6.8A or 6.9A classifications as relevant).
D8
Regulations
13, 14
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a MSDS) that must be provided when selling or
supplying a quantity of a hazardous substance that exceeds the trigger
levels as specified in Schedule 2 of the Disposal Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
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).
For the three ABLATIVE RANGES, the trigger quantity for provision
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Code1
Explanation3
of documentation is 1L (driven by the 6.1D, 6.5B, 6.6B, 6.8B or 6.9B
classifications as relevant).
For both HARD RANGES, the trigger quantity for provision of
documentation is 0.1L (driven by the 6.8A classification).
For the ALLOY RANGE, the trigger quantity for provision of
documentation is 0.1L (driven by the 6.9A classification).
Hazardous Substances (Emergency Management) Regulations 2001
EM1,
EM4,
EM6,
EM7
Regulations
6, 7, 8(c),(e),
(f), 9-11
Level 1 emergency management information 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 equal to or greater than
the trigger levels as listed in Schedule 1 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
Regulation 6 describes the duties of suppliers, regulation 7 describes
the duties of persons in charge of places, regulation 9 describes the
requirement for the availability of the information (10 seconds) and
regulation 10 gives the requirements relating to the presentation of the
information with respect to comprehensibility, clarity and durability.
These requirements correspond with those relating to secondary
identifiers required by the Identification regulations (code I1,
regulations 6, 7, 32 – 35, 36(1) - (7)).
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when the substance is
being transported.
As provided by section 77(5), the level 1 emergency management
information requirements for these substances have been combined as
follows, taking into account their ecotoxic, flammable and toxic
properties.

A description of the material and equipment needed to put out a
fire involving it

a description of the usual symptoms of exposure

a description of the first aid to be given

a 24-hour emergency service telephone number

a description of the parts of the environment likely to be
immediately affected by it

a description of its typical effects on those parts of the
environment
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Explanation3

a statement of any immediate actions that may be taken to
prevent the substance from entering or affecting those parts of the
environment
With respect to trigger quantities that activate level 1 emergency
management information requirements, ERMA New Zealand notes
that a printing error relating to these regulations resulted in an
incomplete Schedule 1, ie the trigger quantities for classes 6, 8 and 9
substances were omitted.
The trigger quantities for flammable substances were included. For
the ABLATIVE, HARD and ALLOY RANGES, the trigger quantity
as driven by their 3.1C classification for activation of Level 1
emergency management information is 1 L.
However, the trigger quantity that would be expected to apply for
ABLATIVE, HARD and ALLOY RANGES substances if Schedule 1
was complete would have been any amount, driven by the 6.5B
classification. It is recommended that this trigger quantity
apply to these substances.
EM8
Regulations
12-16, 18-20
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency
management documentation (essentially Material Safety Data Sheets).
This documentation must be provided where hazardous substances are
sold or supplied, or held in a workplace, in quantities equal to or
greater than the quantities specified in Schedule 2 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
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 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).
For the three ABLATIVE RANGES, the trigger quantity for provision
of level 2 emergency management information is 1L (driven by the
6.1D, 6.5B, 6.6B, 6.8B or 6.9B classifications as relevant).
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Explanation3
For both HARD RANGES, the trigger quantity for provision of level 2
emergency management information is 0.1L (driven by the 6.8A
classification).
For the ALLOY RANGE, the trigger quantity for provision of level 2
emergency management information is 0.1L (driven by the 6.9A
classification).
EM9
Regulation 17
Extra content for flammable substances
There is an additional requirement for flammable substances that a
description be provided of the steps to be taken to control any fire
involving these substances, including the types of extinguishant to be
used.
EM10
Regulations
21 – 24
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 of the Emergency
Management Regulations, must have the specified number of fire
extinguishers (either one or two as detailed in Schedule 3) [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 hazardous
substances.
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].
Where the ABLATIVE, HARD and ALLOY RANGES are held in
quantities exceeding 500 L, two fire extinguishers must be provided.
EM11
Regulations
25-34
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 greater than those specified in Schedule 4 of
the Emergency Management Regulations. Where a substance triggers
more than one hazard classification, the most stringent quantity
generally applies.
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls. The
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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.
For the ABLATIVE, HARD and ALLOY RANGES, an emergency
response plan must be provided when more than 100 L are held at any
place (driven by the 9.1A classification).
EM12
Regulations
35-41
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 equal to or
greater than those specified in Schedule 4 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to 60
L or less. Regulation 38 prescribes requirements for places where
hazardous substances are held above ground in containers each
holding between 60 L and 450 L. Regulation 39 prescribes
requirements for places where hazardous substances are held above
ground in containers each holding more than 450 L. Regulation 40
prescribes requirements for places where hazardous substances are
held underground. 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).
For the ABLATIVE, HARD and ALLOY RANGES, secondary
containment must be provided wherever amounts greater than 100 L
are held at any place (driven by the 9.1A classification).
EM13
Regulation 42
Level 3 emergency management requirements – signage
This control 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 of the Emergency Management Regulations. Where a
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Explanation3
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
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
For the ABLATIVE, HARD and ALLOY RANGES, signage
requirements are necessary wherever amounts greater than 100 L are
held at any place (driven by the 9.1A classification).
Hazardous Substances (Tracking) Regulations 2001
TR1
Regulations
4(1), 5, 6
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
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
the 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.
For the ABLATIVE, HARD and ALLOY RANGES, this control has
been varied so that it does not apply after the point of retail sale as
provided by section 77(4)(b).
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RECOMMENDATIONS
Approved Handler requirements
This control has been triggered as a result of the 9.1A hazard classification due to the high
aquatic toxicity of these substances. While this control is an effective management tool with
respect to controlling adverse effects from spraying ecotoxic agrichemical products, it is
considered that the practical implementation of this control with respect to use of these
products as paints will be problematic. It is also recognised that the intended release of the
antifouling biocides into the environment from vessel hulls (or marine structures) is beyond
the point of control of the approved handler.
However, it is acknowledged that there is an issue of environmental contamination from the
use of antifoulants around marinas etc resulting from cleaning and re-painting operations.
and it is acknowledged that the training and education of boat owners with respect to the
environmental hazards of these products would be beneficial.
Therefore, the Committee recommends that in place of the approved handler control, the
following information should be provided with these products:

an information sheet providing guidelines on the application, use and removal of
antifoulants in a manner that reduces the risks to the environment

an 0800 helpline number should be available at all times for boat owners to obtain
relevant information with respect to environmental management relating to the
application, use and removal of antifoulants
The Committee also strongly encourage industry to develop an ERMA New Zealand
approved code of practice for the application and removal of antifouling paints relevant to the
New Zealand context, and to run awareness campaigns so that boat owners will have a better
knowledge and understanding of the potential (human health and environmental) risks
involved with such activities.
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Control
Regulation2
Code1
Explanation3
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001
T1
Regulations
11 – 27
Limiting exposure to toxic substances through setting of TELs
No TELs have been set for the any components in the WATERBASED
RANGE.
T2
Regulations
29, 30
Controlling exposure in places of work through setting of WESs
A workplace exposure standard (WES) is designed to protect persons in
the workplace from the adverse effects of toxic substances. A WES is an
airborne concentration of a substance (expressed as mg substance/m3 of
air or ppm in air), which must not be exceeded in a workplace and only
apply to places of work that the public does not have access to.
The following OSH WESs (TWAs) have been adopted:
Copper mists and dusts
1 mg/m3
Ethylene glycol monobutyl ether
121 mg/m3 (25 ppm)
T4, E6
Regulation 7
Requirements for equipment used to handle substances
Any equipment used to handle these substances 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.
T5
Regulation 8
Requirements for protective clothing and equipment
As provided by Section 77 (3)(a), this control has been added to these
substances. Protective clothing/equipment must be employed when
these substances 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
1
Note: The numbering system used in this column relates to the coding system used in the ERMA New
Zealand Controls Matrix. This links the hazard classification categories to the regulatory controls triggered
by each category. It is available from ERMA New Zealand and is also contained in the ERMA New
Zealand User Guide to the Controls Regulation.
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.
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T7, E8
Regulation 10
Explanation3
how the clothing/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 maximum quantity of the WATERBASED RANGES
permitted to be carried on passenger service vehicles is 5 L (as
provided by its ecotoxic properties). This is a practicable volume that
would allow a person to carry a 4 L tin of paint on public transport.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 – Ecotoxic Property Controls
E1
Regulations
32-45
Limiting exposure to ecotoxic substances through setting of EELs
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 environmental
medium.
The following EELWATER values have been proposed for this range:
Copper
freshwater
marine
(mg/L)
(µg/L)
0.0014
0.0013
1.4
1.3
The requirement to set EELSEDIMENT values has been deleted as provided
by section 77 (4)(b).
E5
Regulations
5(2), 6
Requirements for keeping records of use
A person using these substances must keep a written record of that use
if 3 kg 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.
Hazardous Substances (Identification) Regulations 2001
I1
Regulations
6, 7, 32-35, 36
(1)-(7)
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
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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 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 (Regulation 32), and the secondary
identifier information available within 10 seconds (Regulation 33).
Suppliers must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class that it
does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of any hazardous substance must ensure it is labelled
with all relevant priority identifier information (as required by 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 (Regulation 32), and the secondary
identifier information available within 10 seconds (Regulation 33).
Persons in charge must also ensure that no information is supplied with
the substance (or its packaging) that suggests it belongs to a class that it
does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by 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

any information provided must be in a durable format ie the
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I3, I8
I9, I11,
I16
Regulations
9, 14
Regulations
18, 20, 25
Explanation3
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 and toxic substances
As provided by section 77(5) of the Act, the priority identifiers for
ecotoxic and toxic substances have been combined. This information
must be available to any person handling the substance within 2 seconds
(Regulation 32) and can be provided by way of signal headings or
commonly understood pictograms on the label. The following
information is required for these substances:

a prominent indication that the substance is toxic, and information
on the general degree and type of toxicity eg sensitiser

a prominent indication that the substance is ecotoxic
Secondary identifiers for ecotoxic and toxic substances
As provided by section 77(5) of the Act, the secondary identifiers for
ecotoxic and toxic substances have been combined.
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 for these substances:

an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it

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 which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, a description of each likely change and the date by
which it is likely to occur.

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 (eg very
toxic to aquatic life)

an indication of its general type and degree of toxic hazard (eg
mild skin irritant)
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Explanation3

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 either a class 6.1A, 6.1B, 6.1C, 6.5, 6.6, 6.7, 6.8 or
6.9
For the WATERBASED RANGE, the name and concentration of
dibutyl phthalate must be provided on the label.

the name of any ingredient that would, independently of any other
ingredient, cause the substance to be classified as a 6.1D. In
addition, the concentration of the ingredient that would contribute
the most to that classification must be provided.
For the WATERBASED RANGE, the name and concentration of
copper oxide must be provided on the label
I17
Regulation
26
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 either 6.1A, 6.1B, 6.1C, 6.1D, 6.5, 6.6, 6.7, 6.8, 6.9, 8.2 or
8.3].
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 6.1A, 6.1B, 6.1C, 6.1D, 6.5, 6.6, 6.7, 6.8, 6.9, 8.2 or
8.3].
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Regulation2
Code1
Explanation3
I19
Alternative information in certain cases
Regulations
29-31
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 – 25 when
substances are 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 either 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 hazardous substances are
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
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 – Alternative information when substances are imported
This regulation 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 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.
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Regulation2
Code1
Explanation3
I20
Regulation
36(8)
Durability of information for class 6.1 substances
Any packaging in direct contact with these substances must be
permanently identified as having contained a toxic substance, unless the
substance as packaged is restricted to a place of work.
I21
Regulations
37–39, 47–50
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to provision of documentation (essentially
Material Safety Data Sheets) (Regulations 37, 38 and 50); the general
content requirements of the documentation (Regulations 39 and 47); the
accessibility and presentation of the required documentation with
respect to comprehensibility and clarity (Regulation 48).
These controls are triggered when substances of specific hazard
classifications are held in the workplace in quantities equal to or greater
than the levels as specified in Schedule 2 of the Identification
Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
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 equal to or
greater than the levels 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 equal to or greater than those specified in
regulation 38 (and with reference to Schedule 2 of the Identification
Regulations), must ensure that every person handling the substance has
access to the documentation containing all relevant information
required by regulations 39 – 46. The person in charge must also ensure
that the documentation does not contain any information that suggests
that the substance belongs to a hazard classification it does not in fact
belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with a hazardous substance must include
the following information:

the unequivocal identity of the substance (eg the CAS number,
chemical name, common name, UN number, registered trade
name(s))
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Code1
Explanation3

a description of the physical state, colour and odour of the
substance

if the substance’s physical state may alter over the expected range
of workplace temperatures, the documentation must include a
description of the temperatures at which the changes in physical
state may occur and the nature of those changes.

in the case of a substance that, when in a closed container, is likely
to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, the documentation must include a description of
each likely change and the date by which it is likely to occur

contact details for the New Zealand supplier/manufacturer/
importer

all emergency management and disposal information required for
the substance

the date on which the documentation was prepared

the name, concentration and CAS number 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.
For the WATERBASED RANGE, the name, concentration and
CAS number of dibutyl phthalate must be provided in the
documentation supplied with this substances.
Regulation 47 – Information not included in approval
This regulation relates to the provision of specific documentation
information (eg as provided on an MSDS). If information required by
regulations 39 to 46 was not included in the information used for the
approval of the substance by the Authority, it is sufficient compliance
with those regulations if reference is made to that information
requirement along with a comment indicating that such information is
not applicable to that substance.
Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling the
substance in a place of work within 10 minutes. The documentation
must be readily understandable by any fully-trained worker required to
have access to it and must be easily read, under normal lighting
conditions, at a distance of not less than 0.3m.
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
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Regulation2
Code1
Explanation3
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.
For the WATERBASED RANGE, the trigger quantity for provision of
documentation is 0.1L (driven by the 6.8A classification).
I23, I28
Regulations
41, 46
Specific documentation requirements for ecotoxic and toxic
substances
As provided by section 77(5) of the Act, the specific documentation
requirements for ecotoxic and toxic substances have been combined.
This information must be accessible within 10 minutes (Regulation
48). The following information is required for this substance:














its general degree and type of ecotoxic hazard (eg highly ecotoxic
in the aquatic environment)
a full description of the circumstances in which it may harm living
organisms and the extent of that harm
a full description of the steps to be taken to prevent harm to living
organisms
a summary of the available acute and chronic (ecotox) data used to
define the (ecotox) subclass or subclasses in which it is classified
its bio-concentration factor or octanol-water partition coefficient
its expected soil or water degradation rate
any EELs set by the Authority
its general degree and type of 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 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
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Regulation2
Code1
Explanation3


the dose, concentration, or conditions of exposure likely to cause
injury or ill health
any TELs or WESs set by the Authority
For the WATERBASED RANGE, the trigger quantity for provision of
documentation is 0.1L (driven by the 6.8A classification).
I29
Regulations
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 hazardous
substances are held in quantities exceeding the amounts specified in
Schedule 3 of the Identification Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally 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 toxic)

where the signage is immediately adjacent to the hazardous
substance storage areas, describe the precautions needed to safely
manage the substance.
The trigger quantity for the WATERBASED RANGE is 100 L, driven
by the 9.1A classification.
I30
Regulation
53
Advertising toxic substances
Any advertisement for these substances must include information that
identifies the substance is toxic, specifies the general degree and type of
hazard and the need to restrict access by children.
Hazardous Substances (Packaging) Regulations 2001
P1
Regulations
General packaging requirements
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Control
Regulation2
Code1
5, 6, 7 (1), 8
Explanation3
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 1, 2 or 3
(Packaging Regulations) respectively, and

the design of the packaging has been test certified as complying
with those tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing 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.
P3, P13, Regulations
P15,
9, 19, 21
PG2
Schedule 2
Specific packaging requirements
As provided by section 77(5) of the Act, the packaging requirements
for these substances have been combined as follows, taking into
account their ecotoxic and toxic properties.

these substances must be packaged according to Schedule 3
(UNPGIII) when in quantities exceeding 0.1 L, but may be
packaged according to Schedule 4 when in quantities of less than
0.1 L (per package).

packages less than 2.5 L must be in child resistant packaging
unless they are to be used in a place of work to which children do
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Control
Regulation2
Code1
Explanation3
not have access.
Hazardous Substances (Disposal) Regulations 2001
D4, D5
Regulations
8, 9
Disposal requirements
As provided by section 77(5), the disposal requirements for toxic and
ecotoxic substances have been combined. These substances 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
TELs or 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, or
 exporting the substance from New Zealand as a hazardous waste.
D6
Regulation
10
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. In addition, the manner of
disposal must take into account the material that the package is
manufactured from.
D7
Regulations
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 a hazardous substance that exceeds the trigger
levels as specified in Schedule 1 of the Disposal Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
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 as described in Regs 34-36 of
the Identification regulations (code I1).
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Control
Regulation2
Code1
Explanation3
Disposal information must be provided with any amount of the
WATERBASED RANGE (driven by the 6.8A classification).
D8
Regulations
13, 14
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a MSDS) that must be provided when selling or
supplying a quantity of a hazardous substance that exceeds the trigger
levels as specified in Schedule 2 of the Disposal Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
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).
For the WATERBASED RANGE, the trigger quantity for provision of
this documentation is 0.1L (driven by the 6.8A classification).
Hazardous Substances (Emergency Management) Regulations 2001
EM1,
EM6,
EM7
Regulations
6, 7, 8(e), (f),
9-11
Level 1 emergency management information 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 equal to or greater than
the trigger levels as listed in Schedule 1 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
Regulation 6 describes the duties of suppliers, regulation 7 describes
the duties of persons in charge of places, regulation 9 describes the
requirement for the availability of the information (10 seconds) and
regulation 10 gives the requirements relating to the presentation of the
information with respect to comprehensibility, clarity and durability.
These requirements correspond with those relating to secondary
identifiers required by the Identification regulations (code I1,
regulations 6, 7, 32 – 35, 36(1) - (7)).
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when the substance is
being transported.
As provided by section 77(5), the level 1 emergency management
information requirements for these substances have been combined as
follows, taking into account their ecotoxic and toxic properties.
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Control
Regulation2
Code1
Explanation3

a description of the usual symptoms of exposure

a description of the first aid to be given

a 24-hour emergency service telephone number

a description of the parts of the environment likely to be
immediately affected by it

a description of its typical effects on those parts of the
environment

a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment
With respect to trigger quantities that activate level 1 emergency
management information requirements, ERMA New Zealand notes that
a printing error relating to these regulations resulted in an incomplete
Schedule 1. The trigger quantity that would be expected to apply to the
WATERBASED RANGE is 0.1 L (driven by the 9.1A, 6.1D and 6.4A
classification).
Due to this printing error, this trigger quantity cannot be set as an
enforceable control. However, the Committee strongly recommends
that the applicant provide the appropriate emergency management
information on the label or in some other accessible form when these
substances are supplied in quantities greater than or equal to 0.1L.
EM8
Regulations
12-16, 18-20
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency management
documentation (essentially Material Safety Data Sheets). This
documentation must be provided where hazardous substances are sold
or supplied, or held in a workplace, in quantities equal to or greater
than the quantities specified in Schedule 2 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
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 provides accessibility requirements (documentation to
be available within 5 minutes) and regulation 19 provides
requirements for presentation with respect to comprehensibility and
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Control
Regulation2
Code1
Explanation3
clarity. These requirements correspond with those relating to
documentation required by the Identification regulations (code I21).
For the WATERBASED RANGE, the trigger quantity for provision of
level 2 emergency management information is 0.1L (driven by the
6.8A classification).
EM11
Regulations
25-34
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 greater than those specified in Schedule 4 of the
Emergency Management Regulations. Where a substance triggers
more than one hazard classification, the most stringent quantity
generally applies.
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.
For the WATERBASED RANGE, an emergency response plan must be
provided when more than 100 L are held at any place (driven by the
9.1A classification)
EM12
Regulations
35-41
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 equal to or
greater than those specified in Schedule 4 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to 60 L
or less. Regulation 38 prescribes requirements for places where
hazardous substances are held above ground in containers each holding
between 60 L and 450 L. Regulation 39 prescribes requirements for
places where hazardous substances are held above ground in containers
each holding more than 450 L. Regulation 40 prescribes requirements
for places where hazardous substances are held underground.
Regulation 41 prescribes requirements for secondary containment
systems that contain substances of specific hazard classifications.
For the WATERBASED RANGE, secondary containment must be
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Control
Regulation2
Code1
EM13
Regulation
42
Explanation3
provided when more than 100 L are held at any place (driven by the
9.1A classification).
Level 3 emergency management requirements – signage
This control 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 of the Emergency Management Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
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
For the WATERBASED RANGE, signage must be provided when more
than 100 L are held at any place (driven by the 9.1A classification)
Hazardous Substances (Tracking) Regulations 2001
TR1
Regulations
4(1), 5, 6
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
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
the 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.
This control has been varied so that it does not apply after the point of
retail sale as provided by section 77(4)(b).
RECOMMENDATIONS
Approved Handler requirements
This control has been triggered as a result of the 9.1A hazard classification due to the high
aquatic toxicity of these substances. While this control is an effective management tool with
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respect to controlling adverse effects from spraying ecotoxic agrichemical products, it is
considered that the practical implementation of this control with respect to use of these
products as paints will be problematic. It is also recognised that the intended release of the
antifouling biocides into the environment from vessel hulls (or marine structures) is beyond
the point of control of the approved handler.
However, it is acknowledged that there is an issue of environmental contamination from the
use of antifoulants around marinas etc resulting from cleaning and re-painting operations.
and it is acknowledged that the training and education of boat owners with respect to the
environmental hazards of these products would be beneficial.
Therefore, the Committee recommends that in place of the approved handler control, the
following information should be provided with these products:

an information sheet providing guidelines on the application, use and removal of
antifoulants in a manner that reduces the risks to the environment

an 0800 helpline number should be available at all times for boat owners to obtain
relevant information with respect to environmental management relating to the
application, use and removal of antifoulants
The Committee also strongly encourage industry to develop an ERMA New Zealand
approved code of practice for the application and removal of antifouling paints relevant to the
New Zealand context, and to run awareness campaigns so that boat owners will have a better
knowledge and understanding of the potential (human health and environmental) risks
involved with such activities.
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