ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
Application code
HSR06011
Application type
To import or manufacture any hazardous substance under Section
28A(2)(a) of the Hazardous Substances and New Organisms (HSNO)
Act 1996
Osmose New Zealand
Clendon Town
Manukau City
Jeremy Christmas
Applicant
Applicant contact:
Purpose
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide: To
manufacture oil miscible formulations containing between 32.5 and 50.0
g/L tributyltin oxide as ready-to-use timber preservative solutions.
(Rapid Similar)
Date received
24 February 2006
Consideration date
05 April 2006
Considered by
Rob Forlong (Chief Executive, ERMA New Zealand)
1
Summary of Decision
1.1
The application to import or manufacture Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide is approved with controls in accordance with the relevant
provisions of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act),
the relevant HSNO Regulations, and the HSNO (Methodology) Order 1998 (the
Methodology), based on its similar composition and similar hazardous properties to a
substance that has been approved by the Authority.
1.2
The substance has been given the following unique identifier for the ERMA New Zealand
Hazardous Substances Register:
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide
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:
Industrial category:
Function/Use category:
3
0
39
Non-dispersive Use
Other
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 28A(2)(a), taking into account matters relevant to
the purpose of the HSNO 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 Methodology.
Unless otherwise stated, references to clauses in this decision refer to clauses of the
Methodology.
3
Application Process
3.1
The purpose of the application is to manufacture or import Oil miscible liquid containing
32.5 to 50.0 g/litre tributyltin oxide for use as a ready-to-use timber preservative.
3.2
The application was formally received on the 24th of February 2006.
3.3
The Ministry of Health and the Department of Labour (Occupational Safety and Health
Service - OSH) were advised of the application (clause 2(2)(e)).
3.4
No responses have been received from the Department of Labour or the Ministry of
Health.
3.5
Project Team:
Brendon Noonan
Applications Advisor (Hazardous Substances)
Laura Docker
Science Advisor (Hazardous Substances)
Report review and sign-out by:
Dr Peter Dawson
3.6
Principal Scientist (Hazardous Substances)
The timeline for assessing this application has been extended because of further
informational requirements and the requirement to assess that information. Two section
58 requests for more information have been issued. Two waivers have been issued to
allow for delays in the processing of this application.
Environmental Risk Management Authority Decision: Application HSR06011
Page 2 of 29
4
Consideration
Sequence of the Consideration
4.1
Osmose New Zealand seeks approval under section 28 of the HSNO Act to import or
manufacture Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide.
4.2
Under section 28A(2)(a), an application can be assessed under rapid assessment
procedures if it can be shown that a substance having a similar composition and similar
hazardous properties has been approved by the Authority. Decision-making authority for
such rapid assessments has been delegated to the Chief Executive of ERMA New Zealand
(section 19(2)(d)).
4.3
The approach adopted when considering this application was:


4.4
To identify the composition and hazardous properties of the proposed substance,
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide, and of the
“reference” similar substance provided by the applicant;
To determine whether the proposed substance has a similar composition and
similar hazardous properties to the reference substance.
And then:




To determine whether the proposed substance has a similar life-cycle to the
reference substance;
To consider whether the risks posed by the proposed substance are the same as,
less than or greater than those posed by the reference substance;
To consider whether there are any other effects which mean that the substance
should not be rapidly assessed; and
To consider whether the controls that apply under the HSNO Act to the reference
substance are applicable to the proposed substance.
Information Review
4.5
I have reviewed the information supplied by the applicant and consider that the
information constitutes an adequate and appropriate basis for considering the application
(clause 8). There are no significant uncertainties (i.e. sufficient to influence decision
making) in the scientific and technical information relating to the risks of the substance
(clauses 29 and 30).
Composition of the Proposed Substance Relative to that of the Reference
Substance
4.6
The applicant has identified a reference substance to which they consider that Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide may be compared. The applicant’s
proposed reference substance is “Oil miscible liquid containing 125 g/litre tributyltin
oxide” which was transferred to the HSNO Act by the Hazardous Substances (Timber
Preservatives, Antisapstains, and Antifouling Paints) Transfer Notice 2004 New Zealand
Gazette, 4 June 2004 – Issue No.65, with the approval number HSR000842.
Environmental Risk Management Authority Decision: Application HSR06011
Page 3 of 29
4.7
After consideration of the reference substance proposed by the applicant and other
potential reference substances identified by the Agency, I consider that there is a valid
approved substance against which Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide can be compared.
4.8
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide and the reference
substance selected by the Agency contain the same active ingredient, tributyltin oxide, and
are both used for preserving timber.
4.9
The compositions of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide
and the reference substance are similar in respect to the solvent and excipient components;
however, there is a significant reduction in the quantity of the active ingredient. The
proposed substance contains between 32.5 and 50.0 g/litre of tributyltin oxide whereas the
reference contains 125 g/litre.
4.10
Both the reference and proposed substance take the form of a hydrocarbon solvent based
oil miscible liquid.
4.11
After taking the variations in composition into account, I have concluded that the
proposed and selected reference substances are of the same nature and kind. Therefore, I
am satisfied that Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide has a
similar composition and form to the reference substance.
Hazardous Properties of the Proposed Substance Relative to the Reference
Substance
4.12
The applicant has provided information related to the hazardous properties of Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide.
4.13
Under section 28A(2)(a), the proposed substance must have similar hazardous properties
to the reference substance selected by the Agency. The hazardous properties of Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide and the reference substance
are listed in the following table.
Hazardous property
Flammability
Acute oral toxicity
Acute dermal toxicity
Acute inhalation toxicity
Skin irritation
Eye irritation
Reproductive / Developmental toxicity
Target organ toxicity
Aquatic ecotoxicity
Soil ecotoxicity
Terrestrial vertebrate ecotoxicity
Oil miscible liquid containing
32.5 to 50.0 g/litre tributyltin
oxide
Hazard classification
3.1C
6.1D
6.1E
6.1D
6.3B
-6.8B
6.9B
9.1A
9.2B
9.3C
Environmental Risk Management Authority Decision: Application HSR06011
Reference Substance
Hazard classification
3.1C
6.1C
6.1B
6.1B
6.3A
6.4A
6.8B
6.9A
9.1A
9.2B
9.3B
Page 4 of 29
4.14
The hazard profile assessed for Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide does not change within the composition range specified.
4.15
From comparison of the hazard profile for the proposed substance against that of the
reference substance it is apparent that the proposed substance poses a similar array of
hazards. However, in many areas hazards from the proposed substance are reduced in
comparison to the selected reference substance. For example, the human toxicity is
reduced across the board with the exception of Reproductive / Developmental toxicity.
The proposed substance’s soil and aquatic ecotoxicity remains on par with that of the
reference substance but the ecotoxicity to terrestrial vertebrates is reduced.
4.16
In light of this data, I consider that the hazardous properties of Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide and the reference substance are similar. I
note that where a hazard varies, Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide poses that hazard to a lesser degree or that it has not been triggered.
Evaluation against the Criteria for Similar Composition and Similar
Hazardous Properties
4.17
I consider that, based on the application submitted by the applicant, and on information
available on the reference substances, the analysis in the preceding paragraphs shows that
the criteria for similar composition and similar hazardous properties prescribed under
section 28A(2)(a) have been met.
Part II (non-scientific) matters
4.18
No information has arisen during the consideration of this application that has caused me
to believe that the substance, with controls in place, could result in significant effects on:






The sustainability of native and valued introduced flora and fauna;
The intrinsic value of ecosystems;
Public health;
The relationship of Māori and their culture and traditions with their ancestral
lands, water, sites, waahi tapu, valued flora and fauna, and other taonga;
The economic and related benefits to be derived from the use of a particular
hazardous substance or new organism;
New Zealand’s international obligations.
5
Life-cycle, Risks and Controls
5.1
The applicant has indicated that the lifecycle of Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide is similar to that for the proposed reference substance. The
Agency has assessed the lifecycles of the proposed and the selected reference substance
and their similarities in composition and hazardous properties and considers that no new
or increased risks will arise from the manufacture, distribution and use of Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide within New Zealand.
Environmental Risk Management Authority Decision: Application HSR06011
Page 5 of 29
5.2
Manufacture of the substance will be carried out in New Zealand within facilities designed
for the manufacture of Light Organic Solvent timber Preservatives (LOSPs). The
formulation will be supplied by tanker or occasionally in 200 litre mild steel drums, in a
ready to use (RTU) format. The RTU Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide will be supplied to users in industrial premises only where it will be
vacuum impregnated into dry timber. The application and use of timber treatments are
required to follow Best Practice Guidelines produced by the industry and meet the
requirements of New Zealand Standard NZS3602:2003 Timber and wood-based products
for use in building.
5.3
Due to the similarities in form and use, the disposal of the substance, its packaging or
cleansing of tankers is not expected to pose any new or increased risks throughout the
proposed substance’s lifecycle.
5.4
The lifecycle of the proposed substance varies slightly from that of the reference
substance in that the reference substance does not come in a ready to use format. Instead,
the reference substance requires dilution with additional hydrocarbon solvent prior to
application. Although this means that there will be a greater quantity of the proposed
substance transported around the country, in comparison to the reference alone, the total
quantity of hazardous substance being transported will be similar to that of the reference
substance when considering the requirement for the transport of the diluent.
5.5
From the assessment of risk over the substance’s lifecycle, I consider that the manufacture
and use of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide as a timber
treatment will not pose any new or increased risks to human health or to the environment.
5.6
Due to the similarities in lifecycle and form and considering the reduced hazard profile, I
consider that the controls imposed on the reference substance are equally applicable to Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide with the exception of the
following; PG2, T3 and T6 as they are not triggered by the substance’s hazard
classification.
Additional Controls under Section 77A
5.7
Under section 77A of the HSNO Act, the Authority may impose as controls any
obligations and restrictions as the Authority thinks fit. Under section 77A(4), the
Authority must be satisfied that, against any other specified controls that apply to the
substance,
(a) the proposed control is more effective in terms of its effect on the management, use
and risks of the substance; or
(b) the proposed control is more cost-effective in terms of its effect on the management,
use and risks of the substance; or
(c) the proposed control is more likely to achieve its purpose.
5.8
The following additional controls have been set for Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide:
5.9
“The use of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide shall be
limited to that of a timber preservative”.
Environmental Risk Management Authority Decision: Application HSR06011
Page 6 of 29
5.10
I consider that this control is appropriate because of the prescribed use of the substance,
and that a similar use restriction has been placed on the reference substance. I also
consider that this additional control meets the requirements of section 77A(4)(a) in that it
will be more effective in terms of the management of the use and risks of the proposed
substance.
5.11
“The controls relating to stationary container systems, as set out in Schedule 8 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice (New Zealand Gazette Issue No 35, 26 March 2004, as amended by Issue No. 128,
1 October 2004 and by Issue No. 208, 16 December 2005), shall apply to this substance,
notwithstanding clause 1(1) of that schedule.”
5.12
“The controls relating to secondary containment, as set out in Schedule 9 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice (New Zealand Gazette Issue No 35, 26 March 2004, as amended by Issue No. 128,
1 October 2004 and by Issue No. 208, 16 December 2005), shall apply to this substance,
notwithstanding clause 1(1) of that schedule.”
5.13
“The controls relating to adverse effects of unintended ignition of class 2 and class 3.1
hazardous substances, set out in Schedule 10 of the Hazardous Substances (Dangerous
Goods and Scheduled Toxic Substances) Transfer Notice (New Zealand Gazette Issue No
35, 26 March 2004, as amended by Issue No. 128, 1 October 2004 and by Issue No. 208,
16 December 2005), shall apply to this substance, notwithstanding clause 1 of that
schedule.”
5.14
I consider that the addition of the controls from paragraphs 5.11 to 5.13 are appropriate
under section 77A(4)(a) for Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide. This is because no other such controls have been triggered by the hazard profile for
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide and they are considered
to provide effective management of the risks associated with the substance.
Variation of Controls under Section 77
5.15
Under section 77(3), (4) and (5), the default controls determined by the hazardous
properties of the substance may be varied.
5.16
The following variations apply to Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide:
5.17
ERMA New Zealand is considering a range of issues to do with TELs and EELs,
including their setting, measurement and enforcement following the passage of
amendments to the HSNO Act in December 2005.
5.18
Accordingly, no TELs (Control T1) or EELs (Control E1) are being set for Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide at this time under Regulations 24
and 35 respectively of the Hazardous Substances (Classes 6, 8, and 9 Controls)
Regulations 2001. The requirement for setting of default EELs described in regulation 32
Environmental Risk Management Authority Decision: Application HSR06011
Page 7 of 29
of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001 has been
deleted.
5.19
Further consultation on these controls will be undertaken if TELs or EELs are to be set for
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide.
5.20
Control T2 relates to the requirement to set Workplace Exposure Standards (WESs). The
Department of Labour has established a WES for the solvent, component F, of 525 mg/m3
(TWA) and this is considered to be applicable to the solvent component of Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide.
5.21
Control E5 relates to the requirement to keep records of use of ecotoxic substances when
it is applied for biocidal purposes in an application area. When used as timber
preservative, I consider that these controls are inappropriate for Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide because its application methods do not fit
within the definition of the control. Consequently, the requirements of control E5 have
been deleted.
5.22
Control E7 and AH1 relate to the requirement for certain ecotoxic substances to be under
the control of approved handlers during specific lifecycle stages. This control has been
deleted for the reference substance and this deletion is considered to be equally applicable
to the proposed substance. Therefore, the requirements of controls E7 and AH1 have been
deleted for Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide.
5.23
Control EM12 relates to the requirement for secondary containment systems to be
installed at any fixed location where hazardous liquids are held. I consider that this
control be modified with the addition of the following after subclause (3) of Regulation 36
of the Hazardous Substances (Emergency Management Controls) Regulations 2001;
“(4) For the purposes of this regulation, and regulations 37 to 40, where this
substance is contained in pipework that is installed and operated so as to manage
loss of containment in the pipework that it(a) is not to be take into account in determining whether a place is required to
have a secondary containment system.
(b) Is not required to be located in a secondary containment system.
(5) In this clause, pipework –
(a) means piping that –
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out of the stationary;
and
(b) includes a process pipeline or a transfer line.”
5.24
Control TR1 relates to the requirement for Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide to be tracked throughout its lifecycle. I note that the tracking
requirement for the reference substance has not been deleted. However, this was due to
the higher acute toxicity of the reference substance. In the case of the proposed substance
the tracking control is triggered solely by the substance’s aquatic ecotoxicity
classification. Consistent with Authority Policy (November 2003) whereby tracking
controls triggered specifically by ecotoxic hazards may be deleted I consider that control
Environmental Risk Management Authority Decision: Application HSR06011
Page 8 of 29
TR1 should be deleted for Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide.
5.25
Controls T4 and E6 are combined as they both relate to the same regulation pertaining to
requirements for equipment used to handle hazardous substances.
5.26
Controls D2, D4 and D5 have been combined as they all relate to disposal requirements.
5.27
Controls P3, P5, P13 and P15 have been combined as they relate to the packaging
requirements for Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide.
5.28
I note that changes in regulations subsequent to the approval of the reference substance
will apply to the proposed and reference substance (section 77(2)(a)).
5.29
The list of controls for Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide
are detailed in Appendix 1.
6
Environmental User Charges
6.1
Section 96 of the HSNO Act provides that the Authority may identify and report to the
Minister where it considers that a reduction in the likely occurrence of adverse effects
similar to that achieved by the controls attached to any substance could be achieved by
any environmental user charge, or a combination of an environmental user charge and
controls.
6.2
I consider that the use of controls is the most effective means of managing the risks
throughout the life cycle of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide. The imposition of an environmental user charge instead of, or in combination with
controls, is therefore not required at this time.
7
Conclusion
7.1
I conclude that the criteria under section 28A(2)(a) for rapid assessment of Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide have been met.
7.2
I consider that there are no other factors, such as use patterns, which might lead to an
increase in risk or adverse effects from the reference substance.
7.3
I consider that the controls listed in Appendix 1 should apply to Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide.
Environmental Risk Management Authority Decision: Application HSR06011
Page 9 of 29
8
Decision
8.1
Having considered the composition and hazardous properties for Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide, I am satisfied that this substance meets the
criteria for rapid assessment under section 28A(2)(a) of the HSNO Act in that it has a
similar composition and similar hazardous properties to an approved substance.
8.2
In considering Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide to be
similar to an existing substance approved under section 29 of the HSNO Act, in
accordance with clause 36(2)(b) of the Methodology, I have considered section 28A(2)(a)
of the Act and also applied the following criteria in the Methodology:






clause 9 - equivalent of sections 5, 6 and 8;
clause 12 – evaluation of assessment of risks;
clause 21 – the decision accords with the requirements of the HSNO Act and
regulations;
clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques;
clause 25 – the evaluation of risks; and
clause 35 – the costs and benefits of varying the default controls.
8.3
Having regard for the controls that applied to the reference substance, I am satisfied that
the controls imposed will be adequate to manage the adverse effects of Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide.
8.4
The application is accordingly approved pursuant to section 28A(2)(a) of the HSNO Act
with controls as listed in Appendix 1.
Rob Forlong
Date
Chief Executive, ERMA New Zealand
ERMA New Zealand Approval Code:
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide:
Environmental Risk Management Authority Decision: Application HSR06011
HSR002465
Page 10 of 29
Appendix 1: Controls Applying to Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide
The controls imposed on Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide are as
follows. The regulations cited should be referred to for definitions and exemptions. The ERMA
New Zealand publication “User Guide to HSNO Control Regulations” provides useful guidance on
the controls.
Default Control Codes and Explanations
Control
Code1
Regulation2
Explanation3
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable Property
Controls
F1
7
General test certification requirements for all class 1 to 5 substances
Where a test certificate is required for a hazardous substance location holding
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide, that test
certificate must be issued by an approved test certifier and must typically be
renewed yearly. However, the Authority can, on request by the persons
required to obtain the test certificate, extend the time period to three years.
F2
8
General public transportation restrictions and requirements for Oil
T7
10
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide
F3
F5
55
58-59
The maximum quantity per package of Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide permitted to be carried on passenger service
vehicles is 10 litres.
General limits on flammable substances
Where Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide is
present at a place for longer than 18 hours, and in a quantity that exceeds;
for Closed Containers:
 500 litres in containers greater than 5 litres, or
 1,500 litres in containers up to and including 5 litres, or
for Open Containers
 250 litres
that substance must be held at a hazardous substance location or transit depot
as appropriate.
Requirements for hazardous atmosphere zones for Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide.
There is a requirement to establish a hazardous atmosphere zone wherever Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide is present in
quantities greater than;
 100 litres (closed)
 25 litres (decanting)
 5 litres (open occasionally)
 1 litre (if in open container for continuous use)
1
Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links the
hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand website
www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
2
These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for definitions and
exemptions. The accompanying explanation is intended for guidance only.
3
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
Environmental Risk Management Authority Decision: Application HSR06011
Page 11 of 29
Control
Code1
Regulation2
Explanation3
The zone must comply with either of the AS/NZS Standards as listed in
Regulation 58(a)-(b) or with an ERMA approved code of practice.
F6
60-70
Regulation 59 discusses the application of other legislation with respect to
electrical systems located within a hazardous atmosphere zone. Specifically,
any controls placed on electrical systems or electrical equipment within a
hazardous atmosphere zone must be consistent with any controls on such
systems/equipment set under other legislation if they are relevant to that
specific location. This is to ensure that any potential ignition sources from
electrical system or electrical equipment are protected or insulated to an extent
that is consistent with the degree of hazard.
Requirements to reduce the likelihood of unintended ignition of Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide.
These regulations prescribe controls to reduce the likelihood of unintended
ignition of class 2.1.1 flammable gases, class 2.1.2 flammable aerosols and
class 3.1 flammable 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 (e.g. a
spark). Accordingly, the controls provide two approaches to ensure that
there is insufficient energy for ignition:
(1) keeping the temperature of the substance, or the temperature of any
surface in contact with the substance, below 80% of the auto-ignition
temperature of the substance, and
(2) keeping sources of ignition below the minimum ignition energy,
either by removal of the ignition source from any location where
flammable substances are handled, or by protecting the “general”
mass of flammable material from the ignition source, e.g. by
enclosing any ignition sources in an enclosure that will not allow the
propagation of the flame to the outside; or using flameproof motors
especially designed to prevent ignition energy escaping.
F11
76
It should be noted that any person handling any quantity of Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide under any of regulations 63(4),
65, 67 and 69 must be an approved handler for that substance, i.e. the trigger
quantities that typically activate approved handler requirements do not apply
[Regulation 60(2)].
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of flammable
substances, there is a requirement to ensure that Oil miscible liquid containing
32.5 to 50.0 g/litre tributyltin oxide does not come into contact with any
incompatible substance or material. There is also a requirement that packages
of incompatible substances are held separately.
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide is
Environmental Risk Management Authority Decision: Application HSR06011
Page 12 of 29
Control
Code1
F12
Regulation2
77
Explanation3
incompatible with all class 1, 2 3.2, 4 and 5 substances.
This regulation does not apply to substances that are located on a vehicle, ship
or aircraft if they are segregated in accordance with the Land Transport Rules,
the Maritime Rules or the Civil Aviation Rules as relevant.
Requirement to establish a hazardous substance location when Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide is present
There is a requirement to establish a hazardous substance location where Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide is present in
quantities greater than;
for Closed Containers:
 500 litres in containers greater than 5 litres, or
 1,500 litres in containers up to and including 5 litres, or
for Open Containers
 250 litres
and is held for a period exceeding 18 hours.
F14
81
Within such zones, there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and capacity of
the hazardous substance location
 where relevant, ensure that the substances will be under the control of an
approved handler and that the requirements of regulation 56 are met
 ensure that any location test certification requirements are met
 ensure that a site plan is available for inspection
 establish and manage a hazardous atmosphere zone when required (as
prescribed by regulation 58)
Test certification requirements for facilities where Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide is present
There is a test certification requirement when Oil miscible liquid containing
32.5 to 50.0 g/litre tributyltin oxide is present at any hazardous substance
location when in quantities above.
for Closed Containers:
 500 litres in containers greater than 5 litres, or
 1,500 litres in containers up to and including 5 litres, or
for Open Containers
 250 litres
That test certificate must be issued by an approved test certifier and must
demonstrate compliance with a number of specified controls, including:
 ensuring that the responsible enforcement authority has been notified of
the locality and capacity of the hazardous substance location
 approved handler requirements
 security requirements
 hazardous atmosphere zone requirements, including controls on electrical
systems and electrical equipment
 segregation of incompatible substances
 signage requirements
 emergency management requirements, including fire-fighting equipment,
emergency response plans and secondary containment
 ensuring that a site plan is available for inspection
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F16
Regulation2
83
Explanation3
Controls on transit depots where Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide is present
Transit depots are places designed to hold hazardous substances (in containers
that remain unopened) for a period of up to three days, but for periods that are
more than 18 hours.
Whenever Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide is
held at a transit depot in quantities exceeding;
for Closed Containers:
 500 litres in containers greater than 5 litres, or
 1,500 litres in containers up to and including 5 litres, or
for Open Containers
 250 litres
there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and capacity of
the hazardous substance location
 where relevant, ensure that the substances will be under the control of an
approved handler
 ensure that any road vehicle loaded with containers of class 2, 3 or 4
substances is not less than 3 m from any other vehicle or container
containing compatible hazardous substances, and not less than 5 m from
any other vehicle or container containing incompatible hazardous
substances,
 ensure that containers of class 2, 3 or 4 substances held in the transit depot
(but not loaded onto a vehicle) are not less than 5 m from containers of
incompatible substances
 ensure that all class 2, 3 or 4 substances remain in their containers and the
containers remain closed
 ensure the safety of any electrical equipment
 comply with any signage requirements
 comply with relevant parts of other Acts and Regulations, e.g. Electricity
Act 1992, HSE (Mining Underground Regulations) 1999 or Civil Aviation
Rules.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T1
11-27
Limiting exposure to toxic substances
This control relates to limiting public exposure to Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide through the setting of tolerable
exposure limits (TELs). A TEL represents the maximum allowable
concentration of a substance legally allowable in a particular environmental
medium. TEL values are established by the Authority and are enforceable
controls under the HSNO Act. TELs are derived from potential daily exposure
(PDE) values, which in turn are derived from acceptable daily exposure
(ADE)/reference dose (RfD) values.
An ADE / RfD value must be set for a toxic substance if:
 it is likely to be present in an environmental medium (air, water, soil or a
surface that the substance may be deposited onto) or food or other matter
that might be ingested and;
 it is a substance to which people are likely to be exposed to during their
lifetime, and;
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Regulation2
Explanation3
 exposure is likely to result in an appreciable toxic effect.
If an ADE/RfD value is set for a substance, a PDE for each exposure route
must also be set for the substance. The PDE is a measure of the relative
likelihood of a person actually being exposed to the substance through a
particular exposure route given daily living patterns.
T2
T4
E6
29, 30
7
No TELs are set for Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide at this time.
Controlling exposure in places of work
A workplace exposure standard (WES) is designed to protect persons in the
workplace from the adverse effects of Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide. 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 applies to every place of work.
The following WES are set;
 Component F – 525 mg/m3 (TWA)
Requirements for equipment used to handle hazardous substances
As provided by section 77(5), the requirement to use equipment to handle toxic
and ecotoxic substances have been combined.
Any equipment used to Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide (e.g. pressure treatment equipment) must retain and/or
dispense the substance in the manner intended, i.e. without leakage, and must
be accompanied by sufficient information so that this can be achieved.
T5
8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide is 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.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property Controls
E1
32-45
Limiting exposure to ecotoxic substances
This control relates to the setting of environmental exposure limits (EELs). An
EEL establishes the maximum concentration of Oil miscible liquid containing
32.5 to 50.0 g/litre tributyltin oxide legally allowable in a particular (non
target) environmental medium (e.g. soil or sediment or water), including
deposition of a substance onto surfaces (e.g. as in spray drift deposition).
An EEL can be established by one of three means:
 applying the default EELs specified
 adopting an established EEL
 calculating an EEL from an assessment of available ecotoxicological data.
No EELs are set for Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide at this time.
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Regulation2
Explanation3
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide in terms of:
 information that must be “immediately available” with the substance
(priority and secondary identifiers). This information is generally
provided by way of the product label
 documentation that must be available in the workplace, generally provided
by way of SDS
 signage at a place where there is a large quantity of the substance.
I1
6, 7, 32-35, 36
General identification requirements
(1)-(7)
These controls relate to the duties of suppliers and persons in charge of Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide with respect to
identification (essentially labelling) (Regulations 6 and 7), accessibility of the
required information (Regulations 32 and 33) and presentation of the required
information with respect to comprehensibility, clarity and durability
(Regulations 34, 35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of any Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide must ensure it is labelled with all relevant priority identifier information
(as required by Regulations 8-17) and secondary identifier information (as
required by Regulations 18-30) before supplying it to any other person. This
includes ensuring that the priority identifier information is available to any
person handling the substance within two seconds (Regulation 32), and the
secondary identifier information available within 10 seconds (Regulation 33).
Suppliers must also ensure that no information is supplied with the substance
(or its packaging) that suggests it belongs to a class or subclass that it does not
in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide must ensure it is labelled with all relevant priority identifier
information (as required by Regulations 8 to 17) and secondary identifier
information (as required by Regulations 18 to 30) before supplying it to any
other person. This includes ensuring that the priority identifier information is
available to any person handling the substance within two seconds (Regulation
32), and the secondary identifier information is available within 10 seconds
(Regulation 33).
Persons in charge must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class or subclass that
it does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by Regulations 8 to 17) must be
available within two seconds, e.g. on the label
All secondary identifier Information (as required by Regulations 18 to 30)
must be available within 10 seconds, e.g. on the label.
Regulations 34, 35, 36(1)-(7) – Comprehensibility, Clarity and Durability of
information
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I3
9
I5
I8
11
14
Explanation3
All required priority and secondary identifiers must be presented in a way that
meets the performance standards in these Regulations. In summary:
 any information provided (either written or oral) must be readily
understandable and in English
 any information provided in written or pictorial form must be able to be
easily read or perceived by a person with average eyesight under normal
lighting conditions
 any information provided in an audible form must be able to be easily
heard by a person with average hearing
 any information provided must be in a durable format i.e. the information
requirements with respect to clarity must be able to be met throughout the
lifetime of the (packaged) substance under the normal conditions of
storage, handling and use.
Priority identifiers for ecotoxic substances
This requirement specifies that Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide must be prominently identified as being ecotoxic.
This information must be available to any person handling the substance
within two seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
Priority identifiers for flammable substances
This requirement specifies that Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide must be prominently identified as being flammable. In
addition, the following information must be provided:
 an indication that the substance is liquid
 information must be provided on its general degree of hazard (e.g. highly
flammable)
This information must be available to any person handling the substance
within two seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
Priority identifiers for certain toxic substances
This requirement specifies that Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide must be prominently identified as being toxic. In
addition, information must be provided on the general degree and type of
hazard of the substance (unless it is used in a place of work where the general
public may not lawfully be present), and the need to restrict access to the
substance by children.
This information must be available to any person handling the substance
within two seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
I9
18
Secondary identifiers for all hazardous substances
This control relates to detail required Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide on the product label. This information must be
accessible within 10 seconds (Regulation 33) and could be provided on
secondary panels on the product label. The following information is required:
 an indication (which may include its common name, chemical name, or
registered trade name) that unequivocally identifies it, and
 enough information to enable its New Zealand importer, supplier, or
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Regulation2
I11
20
I13
Regulation 22
I16
25
I17
26
Explanation3
manufacturer to be contacted, either in person or by telephone, and
 in the case of a substance which, when in a closed container, is likely to
become more hazardous over time or develop additional hazardous
properties, or become a hazardous substance of a different class or
subclass, a description of each likely change and the date by which it is
likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide. This information must
be accessible within 10 seconds (Regulation 33) and could be provided on
secondary panels on the product label. The following information must be
provided:
 an indication of the circumstances in which it may harm living organisms
 an indication of the kind and extent of the harm it is likely to cause to
living organisms
 an indication of the steps to be taken to prevent harm to living organisms
 an indication of its general type and degree of hazard (e.g. very toxic to
aquatic life)
 an indication of its general type of hazard (e.g. ecotoxic in the soil
environment)
Secondary identifiers for flammable substances
This control relates to the additional label detail required for Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide. This information must
be accessible within 10 seconds (Regulation 33) and could be provided on
secondary panels on the product label. The following information must be
provided:
 an indication of its general type and degree of flammable hazard (e.g.
flammable liquid)
 an indication of the circumstances in which it may be ignited
unintentionally
 an indication of the likely effect of an unintentional ignition
 an indication of the steps to be taken to prevent an unintentional ignition.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide. This information must
be accessible within 10 seconds (Regulation 33) and could be provided on
secondary panels on the product label. The following information must be
provided:
 an indication of its general type and degree of 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 tributyltin oxide
Use of Generic Names
This control provides the option of using a generic name to identify 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).
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Explanation3
A generic name may also be used to identify a specific ingredient required by
Regulation 25(f) to be identified, if section 55 or section 57 of the Act applies
(withholding information on confidentiality grounds).
The generic name must identify the key chemical entities and functional
groups in the ingredients that contribute to their hazardous properties.
I18
I19
27
29-31
[Regulations 19(f) and 25 (e) and (f) specify a requirement to list on the
product label, the name and concentration of tributyltin oxide]
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 tributyltin oxide].
Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport
containers
This Regulation relates to alternative ways of presenting the priority and
secondary identifier information required by Regulations 8 to 25 when Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide is contained in
fixed bulk containers or bulk transport containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. When Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide is contained, there is an additional requirement that information must be
provided describing any steps to be taken to prevent an unintentional
explosion, ignition combustion, acceleration of fire or thermal decomposition.
Regulation 29(2) specifies that for bulk transport containers, it is sufficient
compliance if the substance is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001, Civil Aviation Act 1990 or
Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when Oil miscible liquid containing 32.5
to 50.0 g/litre tributyltin oxide is in multiple packaging and the outer
packaging obscures some or all of the required substance information. In such
cases, the outer packaging must:
 be clearly labelled with all relevant priority identifier information i.e. the
hazardous properties of the substance must be identified, or
 be labelled or marked in compliance with either the Land Transport Rule
45001, Civil Aviation Act 1990 or the Maritime Safety Act 1994 as
relevant, or
 in the case of an ecotoxic substance, it must bear the EU pictogram
“Dangerous to the Environment” (‘dead fish and tree’ on orange
background), or
 bear the relevant class or subclass label assigned by the UN Model
Regulations.
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Regulation2
I20
36(8)
I21
37-39, 47-50
Explanation3
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide that is imported into New
Zealand in a closed package or in a freight container and will be transported to
its destination without being removed from that package or container. In these
situations, it is sufficient compliance with HSNO if the package or container is
labelled or marked in compliance with the requirements of the Land Transport
Rule 45001.
Durability of information for class 6.1 substances
Any packaging in direct contact with a class Oil miscible liquid containing
32.5 to 50.0 g/litre tributyltin oxide must be permanently identified as having
contained a toxic substance, unless the substance as packaged is restricted to a
place of work.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of places
of work with respect to provision of documentation (essentially Safety Data
Sheets) (Regulations 37, 38 and 50); the general content requirements of the
documentation (Regulation 39 and 47); the accessibility and presentation of the
required documentation with respect to comprehensibility and clarity
(Regulation 48).
These controls are triggered when Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide is held in the workplace in quantities equal to or greater
than 1.0 litre.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant information
required by Regulations 39 to 48 when selling or supplying to another person a
quantity of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide
equal to or greater than 1.0 litre 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 required for each hazardous substance concerned. The person
in charge must also ensure that the documentation does not contain any
information that suggests that the substance belongs to a class or subclass it
does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide must include the following information:
 the unequivocal identity of the substance (e.g. the CAS number, chemical
name, common name, UN number, registered trade name(s))
 a description of the physical state, colour and odour of the substance
 if the substance’s physical state may alter over the expected range of
workplace temperatures, the documentation must include a description of
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Regulation2
Explanation3
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 tributyltin oxide.
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation information
(e.g. as provided on an SDS). If information required by Regulations 39 to 46
was not included in the information used for the approval of the substance by
the Authority, it is sufficient compliance with those Regulations if reference is
made to that information requirement along with a comment indicating that
such information is not applicable to that substance.
Regulation 48 – Location and presentation requirements for documentation
All required documentation must be available to a person handling the
substance in a place of work within 10 minutes. The documentation must be
readily understandable by any fully-trained worker required to have access to it
and must be easily read, under normal lighting conditions, at a distance of not
less than 0.3m.
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.
I23
41
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 Oil miscible
liquid containing 32.5 to 50.0 g/litre tributyltin oxide is present) if asked to do
so by that person.
Specific documentation requirements for ecotoxic substances
The documentation provided with Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide must include the following information:
 its general degree and type of ecotoxic hazard (e.g. harmful to terrestrial
vertebrates)
 a full description of the circumstances in which it may harm living
organisms and the extent of that harm
 a full description of the steps to be taken to prevent harm to living
organisms
 a summary of the available acute and chronic (ecotox) data used to define
the (ecotox) subclass or subclasses in which it is classified
 its bio-concentration factor or octanol-water partition coefficient
 its expected soil or water degradation rate
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Regulation2
I25
43
I28
46
I29
51-52
Explanation3
 any EELs set by the Authority.
Specific documentation requirements for flammable substances
The documentation provided with Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide must include the following information:
 its general degree and type of hazard
 a full description of the circumstances in which it may be ignited
unintentionally
 the likely effect of an unintentional ignition
 a full description of the steps to be taken to prevent an unintentional
ignition
 its lower and upper explosive limits, expressed as volume percentages in
air or its flash point (and flash point methodology) and auto-ignition
temperature
Specific documentation requirements for toxic substances
The documentation provided with Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide must include the following information:
 its general degree and type of toxic hazard
 a full description of the circumstances in which it may harm human beings
 the kinds of harm it may cause to human beings
 a full description of the steps to be taken to prevent harm to human beings
 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 (toxicity) data used to define
the (toxic) subclass or subclasses in which it is classified
 the symptoms or signs of injury or ill health associated with each likely
route of exposure
 the dose, concentration, or conditions of exposure likely to cause injury or
ill health
 any TELs or WESs set by the Authority.
Duties of persons in charge of places 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.
These requirements are triggered when Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide is held in quantities exceeding 100 litres.
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
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I30
53
Explanation3
 describe the general type of hazard of each substance (e.g. flammable)
 where the signage is immediately adjacent to the hazardous substance
storage areas, describe the precautions needed to safely manage the
substance (e.g. a 'No Smoking' warning near flammable substances).
Advertising corrosive and toxic substances
Any advertisement for Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide must include information that identifies the substance is toxic
and indicates the need to restrict access by children. In addition, it must
specify the general degree and type of hazard (unless it is used in a place of
work where members of the public may not lawfully be present).
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8,
General packaging requirements
9A, 9B
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 Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide must ensure that, when the package is closed, there is no visible release
of the substance, and that it maintains its ability to retain its contents in
temperatures from –10oC to +50oC. The packaging must also maintain its
ability to retain its remaining contents if part of the contents is removed from
the package and the packaging is then re-closed. The packaging in direct
contact with the substance must not be significantly affected or weakened by
contact with the substance such that the foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide 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 Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide, 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 to 21.
Regulation 8 – Compatibility
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide must not be
packed in packaging that has been previously packed with substances with
which it is incompatible unless all traces of the previous substance have been
removed.
Regulation 9A and 9B – Large Packaging
Large packaging may be used to contain Oil miscible liquid containing 32.5 to
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P3
P5
P13
P15
9
11
19
21
PG3
Schedule 3
PS4
Schedule 4
Explanation3
50.0 g/litre tributyltin oxide in New Zealand if it has been constructed, marked
and tested as a large package as provided in Chapter 6.6 of the 13th revised
edition of the UNRTDG, 2003.
“Large Packaging” does not include:
 a tank, tank wagon or transportable container (as defined in the Hazardous
Substances (Tank Wagons and Transportable Containers) Regulations
2004, or
 a stationary container system, a stationary tank or a tank (as defined in the
Hazardous substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004.
Packaging requirements for Oil miscible liquid containing 32.5 to 50.0 g/litre
tributyltin oxide
The packaging requirements for Oil miscible liquid containing 32.5 to 50.0
g/litre tributyltin oxide are as follows:
 Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide in
quantities over 5 litres must be packaged according to Schedule 3 (UN
PGIII), but must be packaged according to either Schedule 3 or Schedule 4
when in quantities below 5 litres.
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide that is
offered for sale in a package of less than 2.5 litres must be in child resistant
packaging (i.e. toxic substances liable to be in homes). However, if the
substance is for use in a place of work to which children do not have access,
this requirement is not mandatory.
This schedule describes the (minimum) packaging requirements that must be
complied with for this substance when packaged in quantities of more than 5
litres. The tests in Schedule 3 correlate to the packaging requirements of UN
Packing Group III (UN PGIII).
This schedule describes the minimum packaging requirements that must be
complied with for this substance when packaged in quantities equal to or less
than 5 litres.
Hazardous Substances (Disposal) Regulations 2001
D2
6
Disposal requirements for Oil miscible liquid containing 32.5 to 50.0 g/litre
D4
8
tributyltin oxide
D5
9
Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide 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

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
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Control
Code1
Regulation2
Explanation3

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

D6
10
D7
11, 12
D8
13, 14
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
Disposal requirements for packages
This control gives the disposal requirements for packages that contained Oil
miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide 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.
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 Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide
that exceeds 0.1 litre.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that should be
avoided, i.e. that would not comply with the Disposal Regulations. Such
information must be accessible to a person handling the substance within 10
seconds and must comply with the requirements for comprehensibility, clarity
and durability as described in Regulations 34-36 of the Identification
Regulations (code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning disposal
(essentially in an SDS) that must be provided when selling or supplying a
quantity of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide
that exceeds 1.0 litre.
The documentation must describe one or more methods of disposal (that
comply with the Disposal Regulations) and describe any precautions that must
be taken. Such documentation must be accessible to a person handling the
substance at a place of work within 10 minutes and must comply with the
requirements for comprehensibility and clarity as described in Regulations
48(2), (3) and (4) of the Identification Regulations (code I21).
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management information: General requirements
These controls relate to the provision of emergency management information
(essentially on the label) that must be provided with Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide when present in quantities
equal to or greater than 0.1 litre.
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Control
Code1
Regulation2
EM6
8(e)
EM7
8(f)
EM8
12-16, 18-20
EM9
17
EM10
21-24
Explanation3
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.
Information requirements for toxic substances
The following information must be provided when Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide is present in quantities equal to
or greater than 0.1 litre:
 a description of the first aid to be given
 a 24-hour emergency service telephone number.
Information requirements for ecotoxic substances
The following information must be provided with Oil miscible liquid
containing 32.5 to 50.0 g/litre tributyltin oxide when present in quantities
equal to or greater than 0.1 litre.
 a description of the parts of the environment likely to be immediately
affected by it:
 a description of its typical effects on those parts of the environment
 a statement of any immediate actions that may be taken to prevent the
substance from entering or affecting those parts of the environment.
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of places
of work with respect to the provision of emergency management
documentation (essentially Safety Data Sheets). This documentation must be
provided where Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin
oxide is sold or supplied, or held in a workplace, in quantities equal to or
greater than 1.0 litre.
Regulations 12 and 13 describe the duties of suppliers, regulation 14 describes
the duties of persons in charge of places of work, regulation 15 provides for
the option of complying with documentation requirements of the transport
rules when the substance is being transported, and regulation 16 specifies
requirements for general contents of the documentation.
Regulation 18 prescribes location and presentation requirements for the
documentation, i.e. it must be available within 10 minutes, be readily
understandable, comprehensible and clear. These requirements correspond
with those relating to documentation required by the Identification regulations
(code I21).
Specific documentation requirements for flammable and oxidising
substances and organic peroxides
There is an additional requirement for Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide, that a description be provided of the steps to be
taken to control any fire involving the substance, including the types of
extinguishant to be used.
Fire extinguishers
Every place (including vehicles) where Oil miscible liquid containing 32.5 to
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Control
Code1
EM11
Regulation2
25-34
Explanation3
50.0 g/litre tributyltin oxide is held in a place of work in quantities exceeding
500 litres must have the 2 fire extinguishers. The intention of these general
requirements is to provide sufficient fire-fighting capacity to stop a fire
spreading and reaching hazardous substances, rather than providing sufficient
capacity to extinguish any possible fire involving large quantities of hazardous
substances.
Each fire extinguisher must be located within 30m 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 (50mm deep and at least 6m2 in area), before
the extinguisher is exhausted, and when used by one person (Regulation 23).
Level 3 emergency management requirements – emergency response plans
These Regulations relate to the requirement for an emergency response plan to
be available at any place (excluding aircraft or ships) where 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.
These requirements are triggered when Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide is held (or reasonably likely to be held on
occasion) in quantities exceeding 100 litres.
The emergency response plan must describe all of the likely emergencies that
may arise from the breach or failure of controls. The type of information that
is required to be included in the plan is specified in Regulations 29 to 30.
Requirements relating to the availability of equipment, materials and people
are provided in Regulation 31, requirements regarding the availability of the
plan are provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
EM12
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.
These requirements are triggered when Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide is held in quantities exceeding 100 litres.
Regulation 36 prescribes requirements for secondary containment systems for
pooling substances.
The following subclauses are added after subclause (3) of Regulation 36 of
the Hazardous Substances (Emergency Management Controls)
regulations 2001;
(4)
For the purposes of this regulation, and regulations 37 to 40,
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Control
Code1
EM13
Regulation2
42
Explanation3
where this substance is contained in pipework that is installed
and operated so as to manage loss of containment in the
pipework that it(a) is not to be take into account in determining whether a place is
required to have a secondary containment system.
(b) Is not required to be located in a secondary containment
system.
(5)
In this clause, pipework –
(a) means piping that –
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out of the
stationary; and
(b) includes a process pipeline or a transfer line.
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,
e.g. there is a requirement to prevent substances from coming into contact with
incompatible materials, and a requirement to exclude energy sources when
class 1, 2, 3, 4 or 5 substances are contained).
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.
These requirements are triggered when Oil miscible liquid containing 32.5 to
50.0 g/litre tributyltin oxide is held in quantities exceeding 100 litres.
The signage must advise of the action to be taken in an emergency and must
meet the requirements for comprehensibility and clarity as defined in
Regulations 34 and 35 of the Identification Regulations.
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4
The Hazardous Substances (Tank Wagons and Transportable Containers)
to 43 where
Regulations 2004 prescribe a number of controls relating to tank wagons and
applicable
transportable containers and must be complied with as relevant.
Section 77A – Additional controls
The use of Oil miscible liquid containing 32.5 to 50.0 g/litre tributyltin oxide shall be limited to that
of a timber preservative
The controls relating to stationary container systems, as set out in Schedule 8 of
Schedule 8,
DGTN March the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice (New Zealand Gazette Issue No 35, 26 March 2004, as
2004
amended by Issue No. 128, 1 October 2004 and by Issue No. 208, 16 December
2005), shall apply to this substance, notwithstanding clause 1(1) of that
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Schedule 9,
DGTN March
2004
Schedule 10,
DGTN March
2004
schedule.
The controls relating to secondary containment, as set out in Schedule 9 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice (New Zealand Gazette Issue No 35, 26 March 2004, as
amended by Issue No. 128, 1 October 2004 and by Issue No. 208, 16 December
2005), shall apply to this substance, notwithstanding clause 1(1) of that
schedule.
The controls relating to adverse effects of unintended ignition of class 2 and
class 3.1 hazardous substances, set out in Schedule 10 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice (New Zealand Gazette Issue No 35, 26 March 2004, as amended by
Issue No. 128, 1 October 2004 and by Issue No. 208, 16 December 2005), shall
apply to this substance, notwithstanding clause 1 of that schedule.
Environmental Risk Management Authority Decision: Application HSR06011
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